reglab/housing_qa huggingface dataset:
NE Code § 8-2742 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2742 - Authorized delegate; suspension or revocation of designation; grounds; director; powers and duties; hearing; final order; application to modify or rescind.

8-2742.  Authorized delegate; suspension or revocation of designation; grounds; director; powers and duties; hearing; final order; application to modify or rescind.(1) The director may, following a hearing in accordance with the Administrative Procedure Act, issue an order suspending or revoking the designation of an authorized delegate if the director finds that:(a) The authorized delegate violated the Nebraska Money Transmitters Act or a rule or regulation adopted and promulgated or an order issued under the act;(b) The authorized delegate did not cooperate with an examination or investigation by the director;(c) The authorized delegate engaged in fraud, intentional misrepresentation, or gross negligence;(d) The authorized delegate is convicted of a violation of a state or federal anti-money laundering statute;(e) The competence, experience, character, or general fitness of the authorized delegate or a controlling person of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to engage in money transmission services; or(f) The authorized delegate is engaged in an unsafe or unsound practice.(2) In determining whether an authorized delegate is engaging in an unsafe or unsound practice, the director may consider the size and condition of the authorized delegate's money transmission, the magnitude of the loss, if any, the gravity of the violation of the act, and the previous conduct of the authorized delegate.(3) Any authorized delegate to whom a final order is issued under this section may apply to the director to modify or rescind the order. The director shall not grant the application unless the director finds that (a) it is in the public interest to do so and (b) it is reasonable to believe that the person will comply with the act and any rule, regulation, or order issued under the act if and when that person is permitted to resume being an authorized delegate of a licensee.Source Laws 2013, LB616, § 42.Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 8-2743 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2743 - Cease and desist order; notice; hearing; vacation or modification of order; when; judicial review; enforcement.

8-2743.  Cease and desist order; notice; hearing; vacation or modification of order; when; judicial review; enforcement.(1) The department may order any person to cease and desist whenever the department determines that the person has violated the Nebraska Money Transmitters Act. Upon entry of a cease and desist order, the director shall promptly notify the affected person that such order has been entered, of the reasons for such order, and that upon receipt, within fifteen business days after the date of the order, of a written request from the affected person, a hearing will be scheduled within thirty business days after the date of receipt of the written request, unless the parties consent to a later date or the hearing officer sets a later date for good cause. The hearing shall be held in accordance with the Administrative Procedure Act and rules and regulations of the department. If a hearing is not requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated.(2) The director may issue an order against a licensee to cease and desist from engaging in money transmission through an authorized delegate that is the subject of a separate order pursuant to section 8-2742.(3) The director may vacate or modify a cease and desist order if he or she finds that the conditions which caused its entry have changed or that it is otherwise in the public interest to do so.(4) A person aggrieved by a cease and desist order of the department may obtain judicial review of the order. The review shall be in the manner prescribed in the Administrative Procedure Act. The director may obtain an order from the district court of Lancaster County for enforcement of the cease and desist order.Source Laws 2013, LB616, § 43.Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 8-2744 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2744 - Violations; orders authorized.

8-2744.  Violations; orders authorized.If the director finds, after notice and hearing in accordance with the Administrative Procedure Act, that any person has violated the Nebraska Money Transmitters Act or any rule, regulation, or order of the director thereunder, the director may order such person to pay (1) an administrative fine of not more than five thousand dollars for each separate violation and (2) the costs of investigation.Source Laws 2013, LB616, § 44.Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 8-2745 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2745 - Violations; penalties.

8-2745.  Violations; penalties.(1) Except as provided in subsections (2) and (3) of this section, any person violating the Nebraska Money Transmitters Act or any rule, regulation, or order of the director made pursuant to the act or who engages in any act, practice, or transaction declared by the Nebraska Money Transmitters Act to be unlawful is guilty of a Class III misdemeanor.(2) A person who intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under the act or who intentionally makes a false entry or omits a material entry in such a record is guilty of a Class I misdemeanor.(3) An individual who knowingly engages in money transmission for which a license is required under the act without being licensed under the act is guilty of a Class I misdemeanor.Source Laws 2013, LB616, § 45.
NE Code § 8-2746 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2746 - Rules and regulations.

8-2746.  Rules and regulations.The director may adopt and promulgate rules and regulations and issue orders, rulings, findings, and demands as may be necessary to carry out the purposes of the Nebraska Money Transmitters Act.Source Laws 2013, LB616, § 46.
NE Code § 8-2747 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2747 - Fees, charges, costs, and fines; disposition.

8-2747.  Fees, charges, costs, and fines; disposition.(1) The department shall remit all fees, charges, and costs collected by the department pursuant to the Nebraska Money Transmitters Act to the State Treasurer for credit to the Financial Institution Assessment Cash Fund.(2) The department shall remit fines collected under the act to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source Laws 2013, LB616, § 47.
NE Code § 8-2801 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2801 - Real estate loan agreement, mortgage, deed of trust, security instrument; enforcement and servicing; local ordinance or resolution; limitation.

8-2801.  Real estate loan agreement, mortgage, deed of trust, security instrument; enforcement and servicing; local ordinance or resolution; limitation.(1) The enforcement and servicing of any real estate loan agreement or any mortgage, deed of trust, or other security instrument by which the loan is secured shall be pursuant only to state and federal law. No local ordinance or resolution may add to, change, interfere with any rights or obligations of, impose upon, or require payment of fees or taxes of any kind by, a lender, mortgagee, beneficiary, or trustee in a trust deed or servicer relating to, or delay or affect the enforcement and servicing of, any real estate loan agreement or any mortgage, deed of trust, or other security instrument by which the loan is secured.(2) Subsection (1) of this section shall not apply to any ordinance or resolution adopted pursuant to the Community Development Law.Source Laws 2014, LB788, § 1.Cross References  Community Development Law, see section 18-2101.
NE Code § 8-2901 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2901 - Terms, defined.

8-2901.  Terms, defined.For purposes of sections 8-2901 to 8-2903:(1) Account means a contract of deposit of funds between the depositor and a financial institution and:(a) The account is owned by a vulnerable adult or senior adult, whether individually or with one or more other persons; or(b) A vulnerable adult or senior adult is a beneficiary of the account, including a formal or informal trust account, a payable on death account, a conservatorship account, or a guardianship account;(2) Department means the Department of Health and Human Services;(3) Financial exploitation means:(a) The wrongful or unauthorized taking, withholding, appropriation, or use of the money, assets, or other property or the identifying information of a vulnerable adult or senior adult by any person; or(b) An act or omission by a person, including through the use of a power of attorney on behalf of, or as the conservator or guardian of, a vulnerable adult or senior adult, to:(i) Obtain control, through deception, intimidation, fraud, or undue influence, over the vulnerable adult's or senior adult's money, assets, or other property to deprive the vulnerable adult or senior adult of the ownership, use, benefit, or possession of the property; or(ii) Convert the money, assets, or other property of a vulnerable adult or senior adult to deprive a vulnerable adult or senior adult of the ownership, use, benefit, or possession of the property;(4) Financial institution means a bank, savings bank, building and loan association, savings and loan association, or credit union, whether chartered by the Department of Banking and Finance, the United States, or a foreign state agency; any other similar organization which is covered by federal deposit insurance; a subsidiary or affiliate of any such entity; or a trust company as defined in section 8-230;(5) Law enforcement agency has the same meaning as in section 28-359;(6) Senior adult has the same meaning as in section 28-366.01;(7) Transaction means any of the following as applicable to services provided by a financial institution:(a) A transfer or request to transfer or disburse funds or assets in an account;(b) A request to initiate a wire transfer, initiate an automated clearinghouse transfer, or issue a money order, cashier's check, or official check;(c) A request to negotiate a check or other negotiable instrument;(d) A request to change the ownership of, or access to, an account;(e) A request for a loan, guarantee of a loan, extension of credit, or draw on a line of credit;(f) A request to encumber any movable or immovable property, including real property, personal property, or fixtures; and(g) A request to designate or change the designation of beneficiaries to receive any property, benefit, or contract right for a vulnerable adult or senior adult at death; and(8) Vulnerable adult has the same meaning as in section 28-371.Source Laws 2020, LB909, § 18.
NE Code § 8-2902 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2902 - Legislative intent.

8-2902.  Legislative intent.(1) It is the intent of the Legislature to provide legal protection to financial institutions so that they have the discretion to take action to assist in detecting and preventing financial exploitation.(2) The Legislature recognizes that financial institutions are in a unique position to potentially discover financial exploitation when conducting transactions on behalf of and at the request of their customers.(3) The Legislature recognizes that financial institutions have duties imposed by contract and duties imposed by both federal and state law to conduct transactions requested by their customers faithfully and timely in accordance with the customer's instructions.(4) The Legislature recognizes that financial institutions do not have a duty to contravene the valid instructions of their customers and nothing in sections 8-2901 to 8-2903 creates such a duty.Source Laws 2020, LB909, § 19.
NE Code § 8-2904 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2904 - Act, how cited.

8-2904.  Act, how cited.Sections 8-2904 to 8-2909 shall be known and may be cited as the Nebraska Protection of Vulnerable Adults from Financial Exploitation Act.Source  Laws 2021, LB297, § 1.   Effective Date: August 28, 2021
NE Code § 8-2905 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2905 - Terms, defined.

8-2905.  Terms, defined.For purposes of the Nebraska Protection of Vulnerable Adults from Financial Exploitation Act, unless the context otherwise requires:(1) Agencies means:(a) The Adult Protective Services Division of the Department of Health and Human Services; and(b) The Department of Banking and Finance;(2) Agent has the same meaning as in section 8-1101;(3) Broker-dealer has the same meaning as in section 8-1101;(4) Eligible adult means:(a) A senior adult as defined in section 28-366.01; or(b) A vulnerable adult as defined in section 28-371;(5) Financial exploitation means:(a) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an eligible adult; or(b) Any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to:(i) Obtain control, through deception, intimidation, or undue influence, over the eligible adult's money, assets, or other property to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or other property; or(ii) Convert money, assets, or other property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or other property;(6) Investment adviser has the same meaning as in section 8-1101;(7) Investment adviser representative has the same meaning as in section 8-1101; and(8) Qualified person means any broker-dealer, investment adviser, agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser.Source  Laws 2021, LB297, § 2.   Effective Date: August 28, 2021
NE Code § 8-2906 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2906 - Financial exploitation; qualified person; notify agencies.

8-2906.  Financial exploitation; qualified person; notify agencies.If a qualified person reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is occurring or being attempted, the qualified person may notify the agencies.Source  Laws 2021, LB297, § 3.   Effective Date: August 28, 2021
NE Code § 8-2907 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2907 - Financial exploitation; qualified person; notify third party; immunity.

8-2907.  Financial exploitation; qualified person; notify third party; immunity.(1) If a qualified person reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is occurring or being attempted, a qualified person may notify any third party previously designated by the eligible adult or any person allowed to receive notification under applicable law or any customer agreement. Notification may not be made to any designated third party that is suspected of financial exploitation or other abuse of the eligible adult.(2) Any qualified person that in good faith and exercising reasonable care makes a notification pursuant to subsection (1) of this section shall be immune from administrative or civil liability that might otherwise arise from such notification or for any failure to notify the eligible adult of the disclosure.Source  Laws 2021, LB297, § 4.   Effective Date: August 28, 2021
NE Code § 8-2908 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2908 - Broker-dealer; investment adviser; delay transaction or disbursement; conditions; expiration; court order; immunity.

8-2908.  Broker-dealer; investment adviser; delay transaction or disbursement; conditions; expiration; court order; immunity.(1) A broker-dealer or investment adviser may delay a transaction or disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if:(a) The broker-dealer or investment adviser reasonably believes, after initiating an internal review of the requested transaction or disbursement, that the requested transaction or disbursement may result in financial exploitation of an eligible adult; and(b) The broker-dealer or investment adviser:(i) Immediately, but in no event more than two business days after the requested transaction or disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult;(ii) Immediately, but in no event more than two business days after the requested transaction or disbursement, notifies the agencies; and(iii) Continues its internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and reports the internal review's results to the agencies upon request.(2) Any delay of a transaction or disbursement as authorized by this section will expire upon the sooner of:(a) A determination by the broker-dealer or investment adviser that the transaction or disbursement will not result in financial exploitation of the eligible adult; or(b) Fifteen business days after the date on which the broker-dealer or investment adviser first delayed the transaction or disbursement of the funds, unless either of the agencies requests that the broker-dealer or investment adviser extend the delay, in which case the delay shall expire no more than thirty business days after the date on which the broker-dealer or investment adviser first delayed the transaction or disbursement of the funds unless sooner terminated by either of the agencies or by an order of a court of competent jurisdiction.(3) A court of competent jurisdiction may enter an order extending the delay of the transaction or disbursement of the funds or may order other protective relief based on the petition of (a) either or both of the agencies, (b) the broker-dealer or investment adviser that initiated the delay under this section, or (c) any other interested party.(4) Any qualified person that, in good faith and exercising reasonable care, complies with this section shall be immune from any administrative or civil liability that might otherwise arise from such delay or notification.Source  Laws 2021, LB297, § 5.   Effective Date: August 28, 2021
NE Code § 8-2909 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-2909 - Broker-dealer; investment adviser; provide access to records; immunity.

8-2909.  Broker-dealer; investment adviser; provide access to records; immunity.(1) A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to any suspected or attempted financial exploitation of an eligible adult to (a) the Adult Protective Services Division of the Department of Health and Human Services, (b) other agencies charged with administering state adult protective services laws, and (c) law enforcement, either as part of a referral to the agencies or to law enforcement, or upon request of the agencies or law enforcement pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or disbursement or transactions or disbursements that may comprise financial exploitation of an eligible adult.(2) Any qualified person that, in good faith and exercising reasonable care, complies with subsection (1) of this section shall be immune from any administrative or civil liability that might otherwise arise from providing such access to records.(3) Any records made available to agencies and law enforcement under this section shall not be considered public records subject to disclosure pursuant to sections 84-712 to 84-712.09.(4) Nothing in this section shall limit or otherwise impede the authority of the Department of Banking and Finance to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.Source  Laws 2021, LB297, § 6.   Effective Date: August 28, 2021
NE Code § 8-3001 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-3001 - Act, how cited.

8-3001.  Act, how cited.Sections 8-3001 to 8-3031 shall be known and may be cited as the Nebraska Financial Innovation Act.Source  Laws 2021, LB649, § 1.   Operative Date: October 1, 2021
NE Code § 8-3002 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-3002 - Legislative findings and declarations.

8-3002.  Legislative findings and declarations.The Legislature finds and declares that:(1) Economic development initiatives demand buy-in and input from community stakeholders across multiple industries. The Legislature should send a strong message that Nebraska wants to bring high-tech jobs and digital asset operations to our state. Nebraska has an incredible opportunity to be a leader in this emerging technology;(2) Nebraska desires to create an entrepreneurial ecosystem where young talent can be paired with private investors in order to create jobs, enhance our quality of life, and prevent the brain drain that is particularly acute in rural Nebraska. If Nebraska does not make intentional and meaningful changes to how it recruits and retains young people, Nebraska will be left behind;(3) The rapid innovation of blockchain and digital ledger technology, including the growing use of virtual currency, digital assets, and other controllable electronic records has complicated the development of blockchain services and products in the marketplace;(4) Blockchain innovators are able and willing to address banking compliance challenges such as federal customer identification, anti-money laundering, and beneficial ownership requirements to comply with regulators' concerns;(5) Compliance with federal and state laws, including, but not limited to, know-your-customer and anti-money-laundering rules and the federal Bank Secrecy Act, is critical to ensuring the future growth and reputation of the blockchain and technology industries as a whole; and(6) Authorizing digital asset depositories in Nebraska will provide a necessary and valuable service to blockchain innovators and customers, emphasize Nebraska's partnership with the technology and financial industry, safely grow this state's ever-evolving financial sector, and afford more opportunities for Nebraska residents.Source  Laws 2021, LB649, § 2.   Operative Date: October 1, 2021
NE Code § 8-3004 (2021)
2021 Nebraska Revised Statutes|Chapter 8 - Banks and Banking|8-3004 - Director; powers and duties.

8-3004.  Director; powers and duties.The director shall have the power to issue to corporations desiring to transact business as a digital asset depository institution charters of authority to transact digital asset depository business as defined in the Nebraska Financial Innovation Act. The director shall have general supervision and control over such digital asset depositories.Source  Laws 2021, LB649, § 4.   Operative Date: October 1, 2021