reglab/housing_qa huggingface dataset:
NE Code § 8-162.02 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-162.02 - Bank; fiduciary account controlled by trust department; collateral; public funds exempt.

8-162.02.  Bank; fiduciary account controlled by trust department; collateral; public funds exempt.(1) A bank may deposit or have on deposit funds of a fiduciary account controlled by the bank's trust department unless prohibited by applicable law.(2) To the extent that the funds are awaiting investment or distribution and are not insured or guaranteed by the Federal Deposit Insurance Corporation, a bank shall set aside collateral as security under the control of appropriate fiduciary officers and bank employees. The bank shall place pledged assets of fiduciary accounts in the joint custody or control of not fewer than two of the fiduciary officers or employees of the bank designated for that purpose by the board of directors. The bank may maintain the investments of a fiduciary account off-premises if consistent with applicable law and if the bank maintains adequate safeguards and controls. The market value of the collateral shall at all times equal or exceed the amount of the uninsured or unguaranteed fiduciary funds awaiting investment or distribution.(3) A bank may satisfy the collateral requirements of this section with any of the following: (a) Direct obligations of the United States or other obligations fully guaranteed by the United States as to principal and interest; (b) readily marketable securities of the classes in which banks, trust companies, or other corporations exercising fiduciary powers are permitted to invest fiduciary funds under applicable state law; and (c) surety bonds, to the extent the surety bonds provide adequate security, unless prohibited by applicable law.(4) A bank, acting in its fiduciary capacity, may deposit funds of a fiduciary account that are awaiting investment or distribution with an affiliated insured depository institution unless prohibited by applicable law. The bank may set aside collateral as security for a deposit by or with an affiliate of fiduciary funds awaiting investment or distribution, as it would if the deposit was made at the bank, unless such action is prohibited by applicable law.(5) Public funds deposited in and held by a bank are not subject to this section.(6) This section does not apply to a fiduciary account in which, pursuant to the terms of the governing instrument, full investment authority is retained by the grantor or is vested in persons or entities other than the bank and the bank, acting in its fiduciary capacity, does not have the power to exert any influence over investment decisions.Source  Laws 2009, LB327, § 2;  Laws 2014, LB788, § 2;  Laws 2017, LB140, § 60.
NE Code § 8-163 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-163 - Dividends; withdrawal of capital or surplus prohibited; not made; when.

8-163.  Dividends; withdrawal of capital or surplus prohibited; not made; when.(1) No bank shall withdraw or permit to be withdrawn, either in the form of dividends or otherwise, any part of its capital or surplus without the written permission of the director. If losses have at any time been sustained equal to or exceeding the retained net income, no dividends shall be made without the written permission of the director. No dividend shall be made by any bank in an amount greater than the retained net income without the written permission of the director.(2) As used in this section, retained net income means the sum of the bank's net income, as reported in its most recent report of condition and income, less any dividends declared during such year, for the current and two prior calendar years. Retained net income is reduced by any net losses incurred during that year not already reported in net income and by any transfers out of undivided profits to fund the retirement of preferred stock. Transfers out of undivided profits to the surplus account will not be treated as reductions to retained net income.Source   Laws 1909, c. 10, § 34, p. 82;   R.S.1913, § 313;   Laws 1919, c. 190, tit. V, art. XVI, § 34, p. 699;   C.S.1922, § 8014;   C.S.1929, § 8-153;   Laws 1933, c. 18, § 34, p. 152;   C.S.Supp.,1941, § 8-153;   R.S.1943, § 8-156;   Laws 1963, c. 29, § 63, p. 160;   Laws 1988, LB 996, § 3;  Laws 2009, LB327, § 5;  Laws 2017, LB140, § 61;  Laws 2021, LB363, § 5.   Effective Date: March 18, 2021
NE Code § 8-164 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-164 - Dividends declared; conditions.

8-164.  Dividends declared; conditions.The board of directors of any bank may declare dividends on its capital stock but only under the following conditions:(1) All bad debts required to be charged off by either the board of directors or the department shall first have been charged off. All debts due any bank on which interest is past due and unpaid for a period of six months, unless such debts are well secured or in the process of collection, shall be considered bad debts within the meaning of this section; and(2) Twenty percent of the net profits accumulated since the preceding dividend shall first have been carried to the surplus fund unless such surplus fund equals or exceeds the amount of the paid-up capital stock.Source   Laws 1909, c. 10, § 28, p. 79;   R.S.1913, § 307;   Laws 1919, c. 190, tit. V, art. XVI, § 28, p. 696;   C.S.1922, § 8009;   C.S.1929, § 8142;   Laws 1930, Spec. Sess., c. 6, § 11, p. 31;   Laws 1933, c. 18, § 27, p. 149;   Laws 1935, c. 10, § 1, p. 78;   Laws 1937, c. 16, § 1, p. 122;   C.S.Supp.,1941, § 8-142;   Laws 1943, c. 19, § 4, p. 104;   R.S.1943, § 8-143;   Laws 1951, c. 10, § 1, p. 82;   Laws 1953, c. 7, § 1, p. 71;   R.R.S.1943, § 8-143;   Laws 1963, c. 29, § 64, p. 160;   Laws 1985, LB 653, § 6;   Laws 1988, LB 996, § 4;   Laws 1994, LB 979, § 6;  Laws 2017, LB140, § 62.  Annotations Stockholders ordinarily are entitled to share equally in the distribution of dividends, which should go to the record owners of the stock when such dividends are declared, but this may be varied by agreement between the stockholders, and a purchaser of corporate stock, with notice of such an agreement, takes title to the stock subject thereto. Empson v. Deuel County State Bank, 134 Neb. 597, 279 N.W. 293 (1938).
NE Code § 8-165 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-165 - Losses; charged to surplus fund; restoration of surplus fund; effect on dividends.

8-165.  Losses; charged to surplus fund; restoration of surplus fund; effect on dividends.Any losses sustained by any bank in excess of its undivided profits shall be charged to its surplus fund. Its surplus fund shall thereafter be reimbursed from the earnings, and no dividends shall thereafter be declared or paid by any such bank, without the written permission of the director, until such surplus fund shall be fully restored to its former amount.Source   Laws 1923, c. 191, § 38, p. 458;   C.S.1929, § 8-144;   R.S.1943, § 8-144;   Laws 1949, c. 8, § 1, p. 68;   R.R.S.1943, § 8-144;   Laws 1963, c. 29, § 65, p. 160;   Laws 1988, LB 996, § 5.
NE Code § 8-166 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-166 - Banks; reports to department; form; number required; verification; waiver.

8-166.  Banks; reports to department; form; number required; verification; waiver.(1) Every bank shall make to the department not less than two reports during each year according to the form which may be prescribed by the department, which report shall be certified as correct, in the manner prescribed by the department, by the president, vice president, cashier, or assistant cashier and in addition by two members of the board of directors.(2) The director may waive the requirements of this section if a bank files its reports electronically with the Federal Deposit Insurance Corporation, the Federal Reserve Board, or an electronic collection agent of the Federal Deposit Insurance Corporation or the Federal Reserve Board.Source   Laws 1909, c. 10, § 17, p. 75;   R.S.1913, § 296;   Laws 1919, c. 190, tit. V, art. XVI, § 17, p. 692;   C.S.1922, § 7998;   C.S.1929, § 8-129;   Laws 1933, c. 18, § 19, p. 144;   Laws 1941, c. 10, § 1, p. 80;   C.S.Supp.,1941, § 8-129;   R.S.1943, § 8-131;   Laws 1957, c. 11, § 1, p. 134;   Laws 1961, c. 15, § 2, p. 111;   R.R.S.1943, § 8-131;   Laws 1963, c. 29, § 66, p. 161;   Laws 1997, LB 137, § 7;  Laws 2017, LB140, § 63.
NE Code § 8-167 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-167 - Banks; reports to department; contents.

8-167.  Banks; reports to department; contents.Each report required by section 8-166 shall exhibit in detail and under appropriate headings the resources and liabilities of the bank at the close of business on any past day specified by the call for report and shall be submitted to the department within thirty days, or as may be required by the department, after the receipt of requisition for the report.Source   Laws 1909, c. 10, § 18, p. 75;   R.S.1913, § 297;   Laws 1919, c. 190, tit. V, art. XVI, § 18, p. 693;   C.S.1922, § 7999;   C.S.1929, § 8-130;   Laws 1933, c. 18, § 20, p. 145;   Laws 1941, c. 10, § 2, p. 81;   C.S.Supp.,1941, § 8-130;   R.S.1943, § 8-132;   Laws 1963, c. 29, § 67, p. 161;   Laws 1978, LB 641, § 2;   Laws 1986, LB 960, § 1;  Laws 2017, LB140, § 64;  Laws 2020, LB909, § 6.  Annotations Purpose of Legislature was to require a full statement of the transactions of the officers concerning the business done by them in their official capacities as officers and agents of the bank. Wentz v. State, 108 Neb. 597, 188 N.W. 467 (1922).
NE Code § 8-168 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-168 - Banks; special reports to director.

8-168.  Banks; special reports to director.A bank shall furnish special reports as may be required by the director to enable the department to obtain full and complete knowledge of the condition of the bank.Source   Laws 1909, c. 10, § 19, p. 76;   R.S.1913, § 298;   Laws 1919, c. 190, tit. V, art. XVI, § 19, p. 693;   C.S.1922, § 8000;   C.S.1929, § 8-131;   Laws 1933, c. 18, § 21, p. 145;   C.S.Supp.,1941, § 8-131;   R.S.1943, § 8-133;   Laws 1963, c. 29, § 68, p. 161;  Laws 2017, LB140, § 66.
NE Code § 8-169 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-169 - Banks; reports; published statements; failure to make; penalty, recovery.

8-169.  Banks; reports; published statements; failure to make; penalty, recovery.Any bank that fails, neglects, or refuses to make or furnish any report or any published statement required by the Nebraska Banking Act shall pay to the department a penalty of fifty dollars for each day such failure shall continue, unless the director shall extend the time for filing such report.Source   Laws 1909, c. 10, § 20, p. 76;   R.S.1913, § 299;   Laws 1919, c. 190, tit. V, art. XVI, § 20, p. 693;   C.S.1922, § 8001;   C.S.1929, § 8-132;   Laws 1933, c. 18, § 22, p. 146;   C.S.Supp.,1941, § 8-132;   R.S.1943, § 8-134;   R.R.S.1943, § 8-134;   Laws 1963, c. 29, § 59, p. 162;   Laws 1973, LB 164, § 18;   Laws 1998, LB 1321, § 14;  Laws 2017, LB140, § 67.  Annotations This section is referred to as providing penalty in contrasting this section with another section of the banking act which failed to provide a penalty, and holding that the failure to provide a penalty disclosed legislative intent that statute should be directory rather than mandatory. State ex rel. Davis v. Farmers State Bank of Winside, 112 Neb. 597, 200 N.W. 173 (1924).
NE Code § 8-170 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-170 - Records and files; time required to be kept; destroy, when.

8-170.  Records and files; time required to be kept; destroy, when.(1) Banks shall not be required to preserve or keep their records or files or copies thereof for a period longer than six years next after the first day of January of the year following the time of the making or filing of such records or files except as provided in subsection (2) of this section.(2)(a) Ledger sheets showing unpaid balances in favor of depositors of banks shall not be destroyed unless the bank has remitted such unpaid balances to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act. Banks shall retain a record of every such remittance for ten years following the date of such remittance.(b) Corporate records that relate to the corporation or the corporate existence of the bank shall not be destroyed.(3) All records or files or copies thereof shall be readable or legible.Source   Laws 1949, c. 10, § 1, p. 71;   R.R.S.1943, § 8-1,111;   Laws 1963, c. 29, § 70, p. 162;  Laws 1999, LB 396, § 10;  Laws 2017, LB140, § 68.  Cross References  Uniform Disposition of Unclaimed Property Act, see section 69-1329.
NE Code § 8-171 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-171 - Records; destruction; liability; excuse for failure to produce.

8-171.  Records; destruction; liability; excuse for failure to produce.No liability shall accrue against any bank destroying any records or files in accordance with sections 8-170 to 8-174. In any cause or proceedings in which any such records or files may be called into question or be demanded of the bank or any officer or employee of the bank, a showing that such records or files have been destroyed in accordance with the terms of sections 8-170 to 8-174 shall be a sufficient excuse for the failure to produce such records or files.Source   Laws 1949, c. 10, § 2, p. 71;   R.R.S.1943, § 8-1,112;   Laws 1963, c. 29, § 71, p. 162;  Laws 2017, LB140, § 69.
NE Code § 8-173 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-173 - Actions against bank on claims inconsistent with records; accrual of cause of action; limitations.

8-173.  Actions against bank on claims inconsistent with records; accrual of cause of action; limitations.All causes of action against a bank based upon a claim or claims inconsistent with an entry or entries in any bank record or ledger, made in the regular course of business, shall accrue one year after the date of such entry or entries. No action founded upon such a cause shall be brought after the expiration of five years from the date of such accrual.Source   Laws 1949, c. 10, § 4, p. 71;   Laws 1951, c. 13, § 1, p. 88;   R.R.S.1943, § 8-1,114;   Laws 1963, c. 29, § 73, p. 163;  Laws 2017, LB140, § 70.
NE Code § 8-174 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-174 - Records and files; destruction; applicable to national banks.

8-174.  Records and files; destruction; applicable to national banks.Sections 8-170 to 8-174, so far as may be permitted by the laws of the United States, shall apply to the records and files of national banks.Source   Laws 1949, c. 10, § 5, p. 72;   R.R.S.1943, § 8-1,115;   Laws 1963, c. 29, § 74, p. 163;  Laws 2017, LB140, § 71.
NE Code § 8-175 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-175 - Banks; false entry or statement; other offenses relating to books and records; penalty.

8-175.  Banks; false entry or statement; other offenses relating to books and records; penalty.Any person who willfully and knowingly subscribes to, or makes, or causes to be made, any false statement or false entry in the books of any bank, knowingly subscribes to or exhibits false papers with the intent to deceive any person or persons authorized to examine into the affairs of any such bank, makes, states, or publishes any false statement of the amount of the assets or liabilities of any such bank, fails to make true and correct entry in the books and records of such bank of its business and transactions in the manner and form prescribed by the department, mutilates, alters, destroys, secretes, or removes any of the books or records of such bank without the written consent of the director, or makes, states, or publishes any false statement of the amount of the assets or liabilities of any such bank, is guilty of a Class III felony.Source   Laws 1909, c. 10, § 21, p. 77;   R.S.1913, § 300;   Laws 1919, c. 190, tit. V, art. XVI, § 21, p. 694;   C.S.1922, § 8002;   C.S.1929, § 8-133;   Laws 1933, c. 18, § 23, p. 146;   C.S.Supp.,1941, § 8-133;   R.S.1943, § 8-135;   Laws 1963, c. 29, § 75, p. 163;   Laws 1977, LB 40, § 51;  Laws 2017, LB140, § 72.  Annotations  Crime of making a false statement of condition of a bank with intent to deceive was a felony. State v. Hylton, 175 Neb. 828, 124 N.W.2d 230 (1963). Mere making of false report is not sufficient to sustain conviction under this section, but in addition intent to deceive must be charged and proved. Foreman v. State, 127 Neb. 824, 257 N.W. 237 (1934). In prosecution hereunder it is not essential to the commission of the offense that the statement be made in the presence of two directors of bank. Flannigan v. State, 124 Neb. 748, 248 N.W. 92 (1933). Intent to deceive is an element of the felony described herein. Foreman v. State, 124 Neb. 74, 245 N.W. 422 (1932), 85 A.L.R. 821 (1932). This section applies to minutes of meetings of board of directors. Kienke v. Kirsch, 121 Neb. 688, 238 N.W. 33 (1931). To be guilty under this section, bank officer must willfully and knowingly make the entry, the entry must be false, and it must have been made with intent to deceive. Spearman v. State, 120 Neb. 799, 235 N.W. 465 (1931). Omission by bank officer to include in report to banking department a certificate of deposit caused to be issued by him to pay a personal obligation is making false statement under this section. Wentz v. State, 108 Neb. 597, 188 N.W. 467 (1922).
NE Code § 8-177 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-177 - Banks; consolidation; approval required; creditors' claims.

8-177.  Banks; consolidation; approval required; creditors' claims.Any bank, which is in good faith winding up its business for the purpose of consolidating with some other financial institution, may transfer its resources and liabilities to the financial institution with which it is in the process of consolidation, but no consolidation shall be made without the consent of the director, nor shall such consolidation operate to defeat the claim of any creditor or hinder any creditor in the collection of his or her debt against any such bank or financial institution.Source   Laws 1909, c. 10, § 41, p. 86;   R.S.1913, § 320;   Laws 1919, c. 190, tit. V, art. XVI, § 41, p. 701;   C.S.1922, § 8021;   C.S.1929, § 8-160;   Laws 1933, c. 18, § 36, p. 154;   C.S.Supp.,1941, § 8-160;   R.S.1943, § 8-164;   Laws 1963, c. 29, § 77, p. 164;  Laws 2017, LB140, § 73.  Annotations  An indebtedness of a bank incurred in an attempted liquidation in violation of this section is ultra vires and does not furnish the foundation for stockholders' double liability. Luikart v. Jones, 138 Neb. 472, 293 N.W. 346 (1940). This section does not, of itself, make a consolidated bank liable for debts of old banks. Wilson v. Continental National Bank, 130 Neb. 614, 266 N.W. 68 (1936). Two state banks cannot consolidate without consent of banking department, and sale of entire capital stock to stockholder, president and director of rival bank is not necessarily a consolidation within the meaning of this section. Cooper v. Bane, 110 Neb. 83, 196 N.W. 119 (1923).
NE Code § 8-178 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-178 - National bank; reorganization as state bank; authorization; vote required; trust company business; conversion; public hearing; when.

8-178.  National bank; reorganization as state bank; authorization; vote required; trust company business; conversion; public hearing; when.(1) Any national bank located and doing business within the State of Nebraska which follows the procedure prescribed by the laws of the United States may convert into a state bank or merge or consolidate with a state bank upon a vote of the holders of at least two-thirds of the capital stock of such state bank when the resulting state bank meets the requirements of the state law as to the formation of a new state bank. If the national bank has been further chartered to conduct a trust company business within a trust department of the bank, the trust department to be converted shall meet the requirements of state law as to the formation of a trust company business within a trust department of a state bank.(2) The public hearing requirement of subdivision (1) of section 8-115.01 and the rules and regulations of the director shall be required only if (a) after publishing a notice of the proposed conversion in a newspaper of general circulation in the county where the main office of the national bank is located, the expense of which shall be paid by the applicant bank, the director receives an objection to the conversion within fifteen days after such publication or (b) in the discretion of the director, the condition of the bank warrants a hearing. If the national bank has been further chartered to conduct a trust company business within a trust department of the bank, the notice of the proposed conversion of the national bank shall include notice that the trust department will be converted in connection with the national bank conversion.Source   Laws 1909, c. 11, § 1, p. 96;   R.S.1913, § 343;   Laws 1919, c. 190, tit. V, art. XVI, § 63, p. 711;   C.S.1922, § 8043;   C.S.1929, § 8-161;   Laws 1933, c. 18, § 37, p. 154;   C.S.Supp.,1941, § 8-161;   R.S.1943, § 8-165;   Laws 1951, c. 11, § 1(1), p. 84;   R.R.S.1943, § 8-165;   Laws 1963, c. 29, § 78, p. 165;   Laws 1995, LB 599, § 3;  Laws 2002, LB 957, § 5;  Laws 2006, LB 876, § 10;  Laws 2017, LB140, § 74.
NE Code § 8-179 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-179 - National bank; reorganization as state bank; procedure; trust company business; charter.

8-179.  National bank; reorganization as state bank; procedure; trust company business; charter.(1) The resulting state bank under section 8-178 shall file a statement with the department, under the oath of its president or cashier, (a) showing that the procedure prescribed by the laws of the United States and by this state have been followed, (b) setting forth in the statement the matter prescribed by sections 8-1901 to 8-1903, and (c) if the national bank has been further chartered to conduct a trust company business within a trust department of the bank, setting forth the matter prescribed by sections 8-159 to 8-162.01. Upon payment of all applicable fees, the department shall issue to such corporation, a charter to transact the business provided for in its articles of incorporation, and, if applicable, a charter to conduct a trust company business within a trust department of the bank.(2) The department may accept good assets of any such national bank, worth not less than par, in lieu of the payment otherwise provided by law for the stock of such resulting bank. When the parties requesting the conversion, merger, or consolidation are officers or directors of either the national bank or of the state bank, they shall be accepted without investigation as parties of integrity and responsibility. Unless the resulting bank is at a different location than the former national or state bank, the department shall recognize the public necessity, convenience, and advantage of permitting the resulting bank and, if applicable, the trust company business within a trust department of the bank, to engage in business.Source   Laws 1951, c. 11, § 1(2), p. 84;   R.R.S.1943, § 8-165.01;   Laws 1963, c. 29, § 79, p. 165;   Laws 1995, LB 384, § 5;  Laws 2006, LB 876, § 11;  Laws 2017, LB140, § 75.
NE Code § 8-180 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-180 - State bank; reorganization as national bank; vote required.

8-180.  State bank; reorganization as national bank; vote required.Any state bank, without the approval of any state authority, may, upon a vote of the holders of at least two-thirds of its capital stock, convert into and merge or consolidate with a national bank as provided by federal law.Source   Laws 1951, c. 11, § 1(3), p. 85;   R.R.S.1943, § 8-165.02;   Laws 1963, c. 29, § 80, p. 165;  Laws 2017, LB140, § 76.