reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1796 - Loans to officials.

21-1796.
Loans to officials.
(1) A credit union may, if permitted by its bylaws, make loans to its officials, employees, and loan officers if the loan complies with all lawful requirements under the Credit Union Act with respect to other members and is not on terms more favorable than those extended to other members.
(2) If permitted in its bylaws, a credit union may permit its officials, employees, and loan officers to act as comakers, guarantors, or endorsers of loans to members of their immediate families, but not otherwise.
(3) No loan applicant may pass on his or her own loan. In the case of a loan to the chief executive officer, the loan must be approved by the board of directors, an executive committee, or the credit committee, if the credit union has a credit committee, as specified in the bylaws.
(4) The board of directors shall establish a policy on loans to officials and employees of a credit union if such loans are permitted in the bylaws.
Source
Laws 1996, LB 948, § 96.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1797 - Liability insurance.

21-1797.
Liability insurance.
A credit union may purchase and maintain insurance on behalf of any person who is or was an official, employee, or agent of the credit union or who is or was serving at the request of the credit union as an official, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise against any liability asserted against such person and incurred by such person in any such capacity or arising out of such person's status as such, whether or not the credit union would have the power to indemnify such person against such liability.
Source
Laws 1996, LB 948, § 97.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1798 - Money-type instruments.

21-1798.
Money-type instruments.
A credit union may collect, receive, and disburse money in connection with the providing of negotiable checks, money orders, traveler's checks, and other money-type instruments, for the providing of services through automatic teller machines, and for such other purposes as may provide benefit or convenience to its members. A credit union may charge fees for such services.
Source
Laws 1996, LB 948, § 98.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1799 - Federally authorized plans; powers; treatment.

21-1799.
Federally authorized plans; powers; treatment.
(1) All credit unions chartered under the laws of Nebraska shall be qualified to act as a trustee or custodian within the provisions of the federal Self-Employed Individuals Tax Retirement Act of 1962 or under the terms and provisions of section 408(a) of the Internal Revenue Code if the provisions of such retirement plan require the funds of such trust or custodianship to be invested exclusively in shares or accounts in the credit union or other credit unions.
(2) All credit unions chartered under the laws of Nebraska are qualified to act as trustee or custodian of a medical savings account created within the provisions of section 220 of the Internal Revenue Code and a health savings account created within the provisions of section 223 of the Internal Revenue Code. Except for judgments against the medical savings account holder or health savings account holder or his or her dependents for qualified medical expenses as defined under section 223(d)(2) of the Internal Revenue Code, funds credited to a medical savings account or health savings account below twenty-five thousand dollars are not susceptible to levy, execution, judgment, or other operation of law, garnishment, or other judicial enforcement and are not an asset or property of the account holder for purposes of bankruptcy law.
(3) All credit unions chartered under the laws of Nebraska are qualified to act as trustee or custodian of an education individual retirement account created within the provisions of section 530 of the Internal Revenue Code.
(4) All credit unions chartered under the laws of Nebraska are qualified to act as trustee or custodian of a Roth IRA created within the provisions of section 408A of the Internal Revenue Code.
(5) If any such plan, in the judgment of the credit union, constitutes a qualified plan under the federal Self-Employed Individuals Tax Retirement Act of 1962, or under the terms and provisions of section 220, 223, 408(a), 408A, or 530 of the Internal Revenue Code, and the regulations promulgated thereunder at the time the trust was established and accepted by the credit union is subsequently determined not to be such a qualified plan, or subsequently ceases to be such a qualified plan, in whole or in part, the credit union may continue to act as trustee of any deposits which have been made under such plan and to dispose of such deposits in accordance with the directions of the member and beneficiaries thereof.
(6) No credit union, with respect to savings made under this section, shall be required to segregate such savings from other assets of the credit union, but the credit union shall keep appropriate records showing in detail all transactions engaged in pursuant to this section.
Source
Laws 1996, LB 948, § 99;
Laws 1999, LB 107, § 5;
Laws 2005, LB 465, § 2.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,100 - Investment of funds.

21-17,100.
Investment of funds.
The board of directors shall have charge of the investment of funds, except that the board may designate an investment committee or investment officer to make investments on its behalf under written investment policies established by the board.
Source
Laws 1996, LB 948, § 100.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,103 - Transfer to regular reserve account.

21-17,103.
Transfer to regular reserve account.
(1) Immediately before the payment of each dividend, the gross earnings of the credit union shall be determined. From this amount there shall be set aside as a regular reserve account for contingencies an amount as set forth in 12 C.F.R. 702.
(2) The director may at any time require the credit union to increase the amount set aside in a regular reserve account pursuant to subsection (1) of this section or to establish a special reserve account if, in the judgment of the director, the financial condition of the credit union warrants such action.
Source
Laws 1996, LB 948, § 103;
Laws 2001, LB 53, § 25.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,104 - Allowance-for-loan-losses account.

21-17,104.
Allowance-for-loan-losses account.
(1) A credit union shall establish an allowance-for-loan-losses account based upon reasonably foreseeable loan losses.
(2) For purposes of calculating required transfers of income to the regular reserve account pursuant to sections 21-17,103 to 21-17,107, any balance in the allowance-for-loan-losses account may be included with the balance in the regular reserve account.
Source
Laws 1996, LB 948, § 104.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,105 - Use of regular reserve account.

21-17,105.
Use of regular reserve account.
The regular reserve account shall belong to the credit union and shall be used to meet losses on risk assets and to meet such other classes of losses as are approved by the director. The regular reserve account shall not be distributed except on liquidation of the credit union or in accordance with a plan approved by the director.
Source
Laws 1996, LB 948, § 105.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,106 - Special reserve account.

21-17,106.
Special reserve account.
In addition to the regular reserve account, a special reserve account to protect the interest of the members shall be established when required by rule or regulation or when found by the board of directors of the credit union or by the director, in any special case, to be necessary for that purpose.
Source
Laws 1996, LB 948, § 106;
Laws 1997, LB 137, § 16.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,107 - Waiver of reserve requirements.

21-17,107.
Waiver of reserve requirements.
The director may waive, in whole or in part, and on a general or case-by-case basis, the reserving requirements of sections 21-17,103 to 21-17,107 when, in his or her opinion, such a waiver is necessary or desirable to protect the public interest and fulfill the purpose of the Credit Union Act.
Source
Laws 1996, LB 948, § 107.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,108 - Liquidation.

21-17,108.
Liquidation.
(1) A credit union may elect to dissolve voluntarily and liquidate its affairs in the manner prescribed in this section.
(2) If the board of directors decides to begin dissolution procedures, the board shall adopt a resolution recommending that the credit union be dissolved voluntarily and directing that the question of liquidation be submitted to the credit union members.
(3) Within ten days after the board of directors decides to submit the question of liquidation to the members, the president shall notify the department and the National Credit Union Administration in writing of such decision and setting forth the reasons for the proposed liquidation. Within ten days after the members act on the question of liquidation, the president shall notify the department and the National Credit Union Administration in writing as to the action of the members on the proposal.
(4) As soon as the board of directors decides to submit the question of liquidation to the members, payments on, withdrawal of, and making any transfer of share accounts to loans and interest, making investments of any kind, and granting of loans may be restricted or suspended pending action by the members on the proposal to dissolve. Upon approval by the members of the question of liquidation, all business transactions shall be permanently discontinued. Necessary expenses of operation shall continue to be paid upon the authorization of the board or the liquidating agent during the period of liquidation.
(5) For a credit union to enter voluntary liquidation, approval by a majority of the members in writing or by a two-thirds majority of the members present at a regular or special meeting of the members shall be required. When authorization for liquidation is to be obtained at a meeting of the members, notice in writing shall be given to each member, by first-class mail, at least ten days prior to such meeting.
(6) A liquidating credit union shall continue in existence for the purpose of discharging its debts, collecting on loans and distributing its assets, and doing all acts required in order to conclude its business and may sue and be sued for the purpose of enforcing such debts and obligations until its affairs are fully concluded.
(7) The board of directors or the liquidating agent shall distribute the assets of the credit union or the proceeds of any disposition of the assets pursuant to section 21-1734.
(8) As soon as the board of directors or the liquidating agent determines that all assets from which there is a reasonable expectancy of realization have been liquidated and distributed pursuant to section 21-1734, the board or the liquidating agent shall execute a certificate of dissolution on a form prescribed by the department and shall file the same, together with all pertinent books and records of the liquidating credit union, with the department and the credit union shall be dissolved.
Source
Laws 1996, LB 948, § 108.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,110 - Conversion.

21-17,110.
Conversion.
(1) A credit union incorporated under the laws of this state may be converted into a federal credit union organized under the laws of the United States as prescribed in section 21-17,111.
(2) A federal credit union organized under the laws of the United States may be converted into a credit union organized under the laws of this state as prescribed in section 21-17,112.
Source
Laws 1996, LB 948, § 110.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,113 - Property taxation and collection.

21-17,113.
Property taxation and collection.
The property of a credit union shall be subject to taxation in the same manner as provided by law in the case of corporations or individuals. Nothing in this section shall prevent holdings in any credit union organized under the Credit Union Act from being included in the valuation of the personal property of the owners or holders of such holdings in assessing taxes imposed by the authority of the state or any political subdivision thereof in which the credit union is located. The duty of collecting or enforcing the payment of such tax shall not be imposed upon any credit union.
Source
Laws 1996, LB 948, § 113.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,114 - Credit Union Act Fund; created; use; investment.

21-17,114.
Credit Union Act Fund; created; use; investment.
There is hereby created the Credit Union Act Fund. All funds available from the National Credit Union Share Insurance Fund shall be collected by the department and remitted to the State Treasurer for credit to the Credit Union Act Fund. The fund shall be administered by the department and used only for offsetting costs associated with the examination and supervision of federally insured, state-organized credit unions. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1996, LB 948, § 114.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-17,115 - Credit union organized under laws of Nebraska; rights, powers, privileges, and immunities of federal credit union; exception.

21-17,115.
Credit union organized under laws of Nebraska; rights, powers, privileges, and immunities of federal credit union; exception.
Notwithstanding any of the other provisions of the Credit Union Act or any other Nebraska statute, any credit union incorporated under the laws of the State of Nebraska and organized under the provisions of the act shall have all the rights, powers, privileges, benefits, and immunities which may be exercised as of January 1, 2023, by a federal credit union doing business in Nebraska on the condition that such rights, powers, privileges, benefits, and immunities shall not relieve such credit union from payment of state taxes assessed under any applicable laws of this state.
Source
Laws 1977, LB 246, § 5;
Laws 1978, LB 772, § 1;
Laws 1979, LB 307, § 1;
Laws 1980, LB 793, § 1;
Laws 1981, LB 60, § 1;
Laws 1982, LB 775, § 2;
Laws 1983, LB 143, § 1;
Laws 1984, LB 643, § 1;
Laws 1985, LB 430, § 1;
Laws 1986, LB 963, § 1;
Laws 1987, LB 197, § 1;
Laws 1988, LB 957, § 1;
Laws 1989, LB 126, § 1;
Laws 1990, LB 1017, § 1;
Laws 1991, LB 97, § 1;
Laws 1992, LB 984, § 1;
Laws 1993, LB 122, § 1;
Laws 1994, LB 878, § 1;
Laws 1995, LB 76, § 1;
R.S.Supp.,1995, § 21-17,120.01;
Laws 1996, LB 948, § 115;
Laws 1997, LB 152, § 1;
Laws 1998, LB 1321, § 75;
Laws 1999, LB 278, § 1;
Laws 2000, LB 932, § 27;
Laws 2001, LB 53, § 26;
Laws 2002, LB 957, § 20;
Laws 2003, LB 217, § 32;
Laws 2004, LB 999, § 21;
Laws 2005, LB 533, § 32;
Laws 2006, LB 876, § 24;
Laws 2007, LB124, § 21;
Laws 2008, LB851, § 17;
Laws 2009, LB327, § 15;
Laws 2010, LB890, § 14;
Laws 2011, LB74, § 5;
Laws 2012, LB963, § 22;
Laws 2013, LB213, § 13;
Laws 2014, LB712, § 3;
Laws 2015, LB286, § 3;
Laws 2016, LB676, § 3;
Laws 2017, LB140, § 149;
Laws 2018, LB812, § 9;
Laws 2019, LB258, § 13;
Laws 2020, LB909, § 21;
Laws 2021, LB363, § 24;
Laws 2022, LB707, § 31;
Laws 2023, LB92, § 50.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1902 - Legislative power.

21-1902.
Legislative power.
The Legislature shall have the power to amend or repeal all or part of the Nebraska Nonprofit Corporation Act at any time and all domestic and foreign corporations subject to the act are governed by the amendment or repeal.
Source
Laws 1996, LB 681, § 2.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1903 - Filing requirements.

21-1903.
Filing requirements.
(a) A document must satisfy the requirements of this section, and of any other section that adds to or varies these requirements, to be entitled to filing by the Secretary of State.
(b) The Nebraska Nonprofit Corporation Act must require or permit filing the document in the office of the Secretary of State.
(c) The document must contain the information required by the act. It may contain other information as well.
(d) The document must be typewritten or printed.
(e) The document must be in the English language. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.
(f) The document must be executed:
(1) By the presiding officer of its board of directors of a domestic or foreign corporation, by its president, or by another of its officers;
(2) If directors have not been selected or the corporation has not been formed, by an incorporator; or
(3) If the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(g) The person executing a document shall sign it and state beneath or opposite the signature his or her name and the capacity in which he or she signs. The document may, but need not, contain:
(1) The corporate seal;
(2) An attestation by the secretary or an assistant secretary; or
(3) An acknowledgment, verification, or proof.
(h) If the Secretary of State has prescribed a mandatory form for a document under section 21-1904, the document must be in or on the prescribed form.
(i) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in sections 21-1936 and 21-19,154), the correct filing fee, and any tax, license fee, or penalty required by the Nebraska Nonprofit Corporation Act or other law.
Source
Laws 1996, LB 681, § 3.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1904 - Forms.

21-1904.
Forms.
(a) The Secretary of State may prescribe and furnish, on request, forms for: (1) An application for a certificate of existence; (2) a foreign corporation's application for a certificate of authority to transact business in this state; (3) a foreign corporation's application for a certificate of withdrawal; and (4) the biennial report. If the Secretary of State so requires, use of these forms is mandatory.
(b) The Secretary of State may prescribe and furnish, on request, forms for other documents required or permitted to be filed by the Nebraska Nonprofit Corporation Act but their use is not mandatory.
Source
Laws 1996, LB 681, § 4.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1905 - Fees.

21-1905.
Fees.
(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing:
(1)(i) Articles of incorporation or (ii) documents relating to domestication:
(A) If the filing is submitted in writing, the fee shall be $30; and
(B) If the filing is submitted electronically pursuant to section 84-511, the fee shall be $25;
(2) Agent's statement of change of registered office for each affected corporation...$25.00 (not to exceed a total of $1,000)
(3) Agent's statement of resignation...no fee
(4) Certificate of administrative dissolution...no fee
(5) Application for reinstatement more than five years after the effective date of an administrative dissolution or administrative revocation...$500.00
(6) Certificate of reinstatement...no fee
(7) Certificate of judicial dissolution...no fee
(8) Certificate of authority:
(i) If the filing is submitted in writing, the fee shall be $30; and
(ii) If the filing is submitted electronically pursuant to section 84-511, the fee shall be $25;
(9) Certificate of revocation of authority to transact business...no fee
(10) Application for certificate of good standing...$10.00
(11) Any other document required or permitted to be filed by the Nebraska Nonprofit Corporation Act:
(i) If the filing is submitted in writing, the fee shall be $30; and
(ii) If the filing is submitted electronically pursuant to section 84-511, the fee shall be $25.
(b) The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign corporation:
(1) $1.00 per page; and
(2) $10.00 for the certificate.
(c) All fees set forth in this section shall be collected by the Secretary of State and remitted to the State Treasurer and credited sixty percent to the General Fund and forty percent to the Secretary of State Cash Fund.
Source
Laws 1996, LB 681, § 5;
Laws 2008, LB907, § 1;
Laws 2015, LB279, § 9;
Laws 2018, LB749, § 1;
Laws 2020, LB910, § 7.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1906 - Effective date of document.

21-1906.
Effective date of document.
(a) Except as provided in subsection (b) of this section, a document is effective:
(1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's endorsement on the original document; or
(2) At the time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date filed.
Source
Laws 1996, LB 681, § 6.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1907 - Correcting filed document.

21-1907.
Correcting filed document.
(a) A domestic or foreign corporation may correct a document filed by the Secretary of State if the document: (1) Contains an incorrect statement or (2) was defectively executed, attested to, sealed, verified, or acknowledged.
(b) A document is corrected:
(1) By preparing articles of correction that (i) describe the document (including its filing date) or attach a copy of it to the articles, (ii) specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective, and (iii) correct the incorrect statement or defective execution; and
(2) By delivering the articles of correction to the Secretary of State.
(c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and who are adversely affected by the correction. As to those persons, articles of correction are effective when filed.
Source
Laws 1996, LB 681, § 7.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1908 - Secretary of State; duties.

21-1908.
Secretary of State; duties.
(a) If a document delivered to the office of the Secretary of State for filing satisfies the requirements of section 21-1903, the Secretary of State shall file it.
(b) The Secretary of State files a document by stamping or otherwise endorsing "Filed," together with the Secretary of State's name and official title and the date and the time of receipt, on both the original and the document copy. After filing a document, except as provided in sections 21-1936 and 21-19,154, the Secretary of State shall deliver the document copy, with the acknowledgment of receipt of the filing fee, if a fee is required, to the domestic or foreign corporation or its representative.
(c) Upon refusing to file a document, the Secretary of State shall return it to the domestic or foreign corporation or its representative within five days after the document was delivered, together with a brief, written explanation of the reason or reasons for the refusal.
(d) The Secretary of State's duty to file documents under this section is ministerial. Filing or refusing to file a document does not:
(1) Affect the validity or invalidity of the document in whole or in part;
(2) Relate to the correctness or incorrectness of information contained in the document; or
(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
Source
Laws 1996, LB 681, § 8.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1909 - Refusal to file document; appeal.

21-1909.
Refusal to file document; appeal.
(a) If the Secretary of State refuses to file a document delivered for filing to the Secretary of State's office, the domestic or foreign corporation may appeal the refusal to the district court of Lancaster County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's explanation for the refusal to file.
(b) The district court may summarily order the Secretary of State to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings.
Source
Laws 1996, LB 681, § 9.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1910 - Filed document; evidentiary effect.

21-1910.
Filed document; evidentiary effect.
A certificate attached to a copy of a document bearing the Secretary of State's signature (which may be in facsimile) and the seal of this state is conclusive evidence that the original document is on file with the Secretary of State.
Source
Laws 1996, LB 681, § 10.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1911 - Certificate of existence.

21-1911.
Certificate of existence.
(a) Any person may apply to the Secretary of State to furnish a certificate of existence for a domestic or foreign corporation.
(b) The certificate of existence shall set forth:
(1) The domestic corporation's corporate name or the foreign corporation's corporate name used in this state;
(2) That (i) the domestic corporation is duly incorporated under the law of this state, the date of its incorporation, and the period of its duration if less than perpetual or (ii) the foreign corporation is authorized to transact business in this state;
(3) That all fees, taxes, and penalties owed to this state have been paid, if (i) payment is reflected in the records of the Secretary of State and (ii) nonpayment affects the good standing of the domestic or foreign corporation;
(4) That its most recent biennial report required by section 21-19,172 has been delivered to the Secretary of State; and
(5) That articles of dissolution have not been filed.
(c) Subject to any qualification stated in the certificate, a certificate of existence issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign corporation is in good standing in this state.
Source
Laws 1996, LB 681, § 11.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1912 - Signing false document; penalty.

21-1912.
Signing false document; penalty.
(a) A person commits an offense by signing a document such person knows is false in any material respect with intent that the document be delivered to the Secretary of State for filing.
(b) Any person who violates this section is guilty of a Class I misdemeanor.
Source
Laws 1996, LB 681, § 12.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1915 - Notice.

21-1915.
Notice.
(a) Notice may be oral or written.
(b) Notice may be communicated in person, by mail or other method of delivery, or by telephone or other electronic means. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, by radio, by television, or by other form of public broadcast communication.
(c) Oral notice is effective when communicated if communicated in a comprehensible manner.
(d) Written notice, if in a comprehensible form, is effective at the earliest of the following:
(1) When received;
(2) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with first-class postage affixed;
(3) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee; or
(4) Thirty days after its deposit in the United States mail, as evidenced by the postmark, if mailed correctly addressed and with other than first class, registered or certified postage affixed.
(e) Written notice is correctly addressed to a member of a domestic or foreign corporation if addressed to the member's address shown in the corporation's current list of members.
(f) A written notice or report delivered as part of a newsletter, magazine, or other publication regularly sent to members shall constitute a written notice or report (1) if addressed or delivered to the member's address shown in the corporation's current list of members, (2) in the case of members who are residents of the same household and who have the same address in the corporation's current list of members, if addressed or delivered to one of such members at the address appearing on the current list of members, or (3) if electronically transmitted to a member in a manner authorized by the member.
(g) Written notice is correctly addressed to a domestic or foreign corporation (authorized to transact business in this state), other than in its capacity as a member, if addressed to its registered agent or to its secretary at its principal office shown in its most recent biennial report or, in the case of a foreign corporation that has not yet delivered a biennial report, in its application for a certificate of authority.
(h) If any other provision of the Nebraska Nonprofit Corporation Act prescribes notice requirements for particular circumstances, such as subsection (b) of section 21-1955, those requirements govern. If articles or bylaws prescribe notice requirements not inconsistent with this section or other provisions of the Nebraska Nonprofit Corporation Act, those requirements govern.
Source
Laws 1996, LB 681, § 15;
Laws 2012, LB890, § 2.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1916 - Private foundations; requirements.

21-1916.
Private foundations; requirements.
Except when otherwise determined by a court of competent jurisdiction, a corporation that is a private foundation as defined in section 509(a) of the Internal Revenue Code:
(a) Shall distribute such amounts for each taxable year at such time and in such manner as not to subject the corporation to tax under section 4942 of the Internal Revenue Code;
(b) Shall not engage in any act of self-dealing as defined in section 4941(d) of the Internal Revenue Code;
(c) Shall not retain any excess business holdings as defined in section 4943(c) of the Internal Revenue Code;
(d) Shall not make any investments subjecting it to taxation under section 4944 of the Internal Revenue Code; and
(e) Shall not make any taxable expenditures as defined in section 4945(d) of the Internal Revenue Code.
Source
Laws 1996, LB 681, § 16;
Laws 1998, LB 1015, § 1.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1917 - Meetings and votes; court order.

21-1917.
Meetings and votes; court order.
(a) If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates, or directors, or otherwise obtain their consent, in the manner prescribed by its articles, bylaws, or the Nebraska Nonprofit Corporation Act, then upon petition of a director, officer, delegate, member, or the Attorney General, the district court may order that such a meeting be called or that a written ballot or other form of obtaining the vote of members, delegates, or directors be authorized in such a manner it finds fair and equitable under the circumstances.
(b) The district court shall, in an order issued pursuant to this section, provide for a method of notice reasonably designed to give actual notice to all persons who would be entitled to notice of a meeting held pursuant to the articles, bylaws and the act, whether or not the method results in actual notice to all such persons or conforms to the notice requirements that would otherwise apply. In a proceeding under this section the district court may determine who the members or directors are.
(c) The order issued pursuant to this section may dispense with any requirement relating to the holding of or voting at meetings or obtaining votes, including any requirement as to quorums or as to the number or percentage of votes needed for approval, that would otherwise be imposed by the articles, bylaws, or the act.
(d) Whenever practical, any order issued pursuant to this section shall limit the subject matter of meetings or other forms of consent authorized to items, including amendments to the articles or bylaws, the resolution of which will or may enable the corporation to continue managing its affairs without further resort to this section. An order under this section may also authorize the obtaining of whatever votes and approvals are necessary for the dissolution, merger, or sale of assets.
(e) Any meeting or other method of obtaining the vote of members, delegates, or directors conducted pursuant to an order issued under this section, and that complies with all the provisions of such order, is for all purposes a valid meeting or vote, as the case may be, and shall have the same force and effect as if it complied with every requirement imposed by the articles, bylaws, and the act.
Source
Laws 1996, LB 681, § 17.
Annotations
This section does not independently authorize a district court to appoint new members to the board of a nonprofit corporation. In re Stueven Charitable Foundation, 304 Neb. 140, 933 N.W.2d 554 (2019).
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1918 - Attorney General; notice; powers.

21-1918.
Attorney General; notice; powers.
(a) The Attorney General shall be given notice of the commencement of any proceeding that the Nebraska Nonprofit Corporation Act authorizes him or her to bring but that has been commenced by another person.
(b) Whenever any provision of the act requires that notice be given to the Attorney General before or after commencing a proceeding or permits him or her to commence a proceeding:
(1) If no proceeding has been commenced, the Attorney General may take appropriate action including, but not limited to, seeking injunctive relief; or
(2) If a proceeding has been commenced by a person other than the Attorney General, the Attorney General, as of right, may intervene in such proceeding.
Source
Laws 1996, LB 681, § 18.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1919 - Religious corporations; constitutional protections.

21-1919.
Religious corporations; constitutional protections.
If religious doctrine governing the affairs of a religious corporation is inconsistent with the provisions of the Nebraska Nonprofit Corporation Act on the same subject, the religious doctrine shall control to the extent required by the Constitution of the United States or the Constitution of the State of Nebraska or both.
Source
Laws 1996, LB 681, § 19.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1921 - Articles of incorporation.

21-1921.
Articles of incorporation.
(a) The articles of incorporation shall set forth:
(1) A corporate name for the corporation that satisfies the requirements of section 21-1931;
(2) One of the following statements:
(i) This corporation is a public benefit corporation;
(ii) This corporation is a mutual benefit corporation; or
(iii) This corporation is a religious corporation;
(3) The street address of the corporation's initial registered office and the name of its initial registered agent at that office. A post office box number may be provided in addition to the street address;
(4) The name and street address of each incorporator;
(5) Whether or not the corporation will have members; and
(6) Provisions not inconsistent with law regarding the distribution of assets on dissolution.
(b) The articles of incorporation may set forth:
(1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity;
(2) The names and street addresses of the individuals who are to serve as the initial directors;
(3) Provisions not inconsistent with law regarding:
(i) Managing and regulating the affairs of the corporation;
(ii) Defining, limiting, and regulating the powers of the corporation, its board of directors, and members (or any class of members); and
(iii) The characteristics, qualifications, rights, limitations, and obligations attaching to each or any class of members.
(4) Any provision that under the Nebraska Nonprofit Corporation Act is required or permitted to be set forth in the bylaws.
(c) Each incorporator and director named in the articles must sign the articles.
(d) The articles of incorporation need not set forth any of the corporate powers enumerated in the act.
Source
Laws 1996, LB 681, § 21;
Laws 2008, LB379, § 7.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1922 - Incorporation.

21-1922.
Incorporation.
(a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed.
(b) The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation.
Source
Laws 1996, LB 681, § 22.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1923 - Liability for preincorporation transactions.

21-1923.
Liability for preincorporation transactions.
All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under the Nebraska Nonprofit Corporation Act, are jointly and severally liable for all liabilities created while so acting.
Source
Laws 1996, LB 681, § 23.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1924 - Organization of corporation.

21-1924.
Organization of corporation.
(a) After incorporation:
(1) If initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting; or
(2) If initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators:
(i) To elect directors and complete the organization of the corporation; or
(ii) To elect a board of directors who shall complete the organization of the corporation.
(b) Action required or permitted by the Nebraska Nonprofit Corporation Act to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents describing the action taken and signed by each incorporator.
(c) An organizational meeting may be held in or out of this state in accordance with section 21-1981.
Source
Laws 1996, LB 681, § 24.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1925 - Bylaws.

21-1925.
Bylaws.
(a) The incorporators or board of directors of a corporation shall adopt bylaws for the corporation.
(b) The bylaws may contain any provision for regulating and managing the affairs of the corporation that is not inconsistent with law or the articles of incorporation.
Source
Laws 1996, LB 681, § 25.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1926 - Emergency bylaws and powers.

21-1926.
Emergency bylaws and powers.
(a) Unless the articles provide otherwise the directors of a corporation may adopt, amend, or repeal bylaws to be effective only in an emergency defined in subsection (d) of this section. The emergency bylaws, which are subject to amendment or repeal by the members, may provide special procedures necessary for managing the corporation during the emergency, including:
(1) How to call a meeting of the board;
(2) Quorum requirements for the meeting; and
(3) Designation of additional or substitute directors.
(b) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends.
(c) Corporate action taken in good faith in accordance with the emergency bylaws:
(1) Binds the corporation; and
(2) May not be used to impose liability on a corporate director, officer, employee, or agent.
(d) An emergency exists for purposes of this section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event.
Source
Laws 1996, LB 681, § 26.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1927 - Purposes.

21-1927.
Purposes.
(a)(1) Every corporation incorporated under the Nebraska Nonprofit Corporation Act has the purpose of engaging in any lawful activity unless a more limited purpose is set forth in the articles of incorporation.
(2) A corporation engaging in an activity that is subject to regulation under another statute of this state may incorporate under the act only if incorporation under the act is not prohibited by the other statute. The corporation shall be subject to all limitations of the other statute.
(b) Corporations may be incorporated under the Nebraska Nonprofit Corporation Act for any one or more of, but not limited to, the following lawful purposes: Charitable; benevolent; eleemosynary; educational; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry; and professional, commercial, industrial, or trade association. Corporations may also be incorporated under the act for the purpose of providing for, erecting, owning, leasing, furnishing, and managing any building, hall, dormitory or apartments, lands, or grounds for the use or benefit in whole or in part of any governmental, religious, social, educational, scientific, fraternal, or charitable society or societies, body or bodies, institution or institutions, incorporated or unincorporated, or for the purpose of holding property of any nature in trust for such society, body, or institution or for the purpose of assisting any governmental body in obtaining grants from the federal government, the performance of any requirements necessary to obtain a federal grant, or carrying out the purpose for which a federal grant is obtained.
Source
Laws 1996, LB 681, § 27;
Laws 1999, LB 271, § 1.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1928 - General powers.

21-1928.
General powers.
Unless its articles of incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name and has the same powers as an individual to do all things necessary or convenient to carry out its affairs including, without limitation, the power:
(1) To sue and be sued, complain, and defend in its corporate name;
(2) To have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing or in any other manner reproducing it;
(3) To make and amend bylaws not inconsistent with its articles of incorporation or with the laws of this state, for regulating and managing the affairs of the corporation;
(4) To purchase, receive, lease, or otherwise acquire, and own, hold, improve, use, and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located;
(5) To sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property;
(6) To purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with, shares or other interests in, or obligations of, any entity;
(7) To make contracts and guaranties, incur liabilities, borrow money, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income;
(8) To lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment, except as limited by section 21-1988;
(9) To be a promoter, partner, member, associate, or manager of any partnership, joint venture, trust, or other entity;
(10) To conduct its activities, locate offices, and exercise the powers granted by the Nebraska Nonprofit Corporation Act within or without this state;
(11) To elect or appoint directors, officers, employees, and agents of the corporation, define their duties, and fix their compensation;
(12) To pay pensions and establish pension plans, pension trusts, and other benefit and incentive plans for any or all of its current or former directors, officers, employees, and agents;
(13) To make donations not inconsistent with law for the public welfare or for charitable, religious, scientific, or educational purposes and for other purposes that further the corporate interest;
(14) To impose dues, assessments, admission, and transfer fees upon its members;
(15) To establish conditions for admission of members, admit members, and issue memberships;
(16) To carry on a business; and
(17) To do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation.
Source
Laws 1996, LB 681, § 28.
2023 Nebraska Revised Statutes › Chapter 21 - Corporations and Other Companies › 21-1929 - Emergency powers.

21-1929.
Emergency powers.
(a) In anticipation of or during an emergency defined in subsection (d) of this section, the board of directors of a corporation may:
(1) Modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent; and
(2) Relocate the principal office, designate alternative principal offices or regional offices, or authorize the officer to do so.
(b) During an emergency defined in subsection (d) of this section, unless emergency bylaws provide otherwise:
(1) Notice of a meeting of the board of directors need be given only to those directors it is practicable to reach and may be given in any practicable manner, including by publication and radio; and
(2) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum.
(c) Corporate action taken in good faith during an emergency under this section to further the ordinary affairs of the corporation:
(1) Binds the corporation; and
(2) May not be used to impose liability on a corporate director, officer, employee, or agent.
(d) An emergency exists for purposes of this section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event.
Source
Laws 1996, LB 681, § 29.