reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-815 - Terms, defined.

8-815.
Terms, defined.
As used in sections 8-815 to 8-829, unless the context otherwise requires:
(1) Department means the Department of Banking and Finance;
(2) Bank means the banks and trust companies organized under the laws of this state, and national banking associations doing business in this state and shall include national banking associations;
(3) Personal loan means a loan, and the contract evidencing the same, which is repayable, pursuant to a contract or understanding, in two or more equal or unequal installments, and within one hundred forty-five months, but shall not include any loan on which the interest does not exceed sixteen percent per annum. Personal loan includes loans for the purchase of mobile homes even though the loan is not repayable within one hundred forty-five months. Personal loan includes loans or advances initiated by credit card or other type of transaction card, including, but not limited to, those loan transactions initiated through electronic impulse; and
(4) Transaction card means a device or means used to access a prearranged revolving credit plan account.
Source
Laws 1965, c. 31, § 1, p. 213;
Laws 1973, LB 141, § 1;
Laws 1974, LB 721, § 4;
Laws 1980, LB 276, § 3;
Laws 1981, LB 214, § 3;
Laws 1987, LB 332, § 1;
Laws 2002, LB 1094, § 8;
Laws 2003, LB 217, § 16;
Laws 2017, LB140, § 140.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-818 - Personal loans; rate of interest allowed.

8-818.
Personal loans; rate of interest allowed.
Except as provided in section 8-820, no bank shall contract for or receive on or in connection with any personal loan a higher rate of interest than would otherwise be permitted by law, whether such rate is obtained by making charges on discounts without due allowance for partial repayments of principal, by taking deposits in lieu of repayments or by imposing fees or charges pretended to be for investigation, brokerage, service, other subterfuge or by any other device or means.
Source
Laws 1965, c. 31, § 4, p. 214.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-820 - Personal loans; credit cards; interest; service fee; fee in lieu of interest.

8-820.
Personal loans; credit cards; interest; service fee; fee in lieu of interest.
Subject to the provisions of sections 8-815 to 8-829, any bank may contract for and receive, on any personal loan, charges at a rate not exceeding nineteen percent simple interest per year. In the case of loans initiated by credit card or other type of transaction card, the rate may be any amount agreed to by the parties. Any bank acquired pursuant to sections 8-1512 and 8-1513 may also charge commercially reasonable fees for service and use of a credit card or other type of transaction card on a per transaction and monthly or annual basis. For purposes of this section, section 85 of the National Bank Act, 12 U.S.C. 85, and section 522 of the Depository Institutions Deregulation and Monetary Control Act of 1980, 12 U.S.C. 1831d, all interest, charges, fees, and other amounts permitted under sections 8-815 to 8-829 for loans initiated by credit card or other type of transaction card shall be deemed to be, and may be charged and collected as, interest by the bank, and all other terms and conditions of the agreement between the bank and the borrower that are not prohibited by such sections shall be deemed material to the determination of interest. Notwithstanding the provisions of this section, in the case of loans not initiated by credit card or other type of transaction card, a bank may charge a minimum fee of up to seven dollars and fifty cents in lieu of interest on personal loans and reasonable loan service costs as defined in subdivision (2) of section 45-101.02. Such loan service costs shall not be construed as interest.
Source
Laws 1965, c. 31, § 6, p. 214;
Laws 1973, LB 164, § 23;
Laws 1980, LB 276, § 4;
Laws 1981, LB 150, § 1;
Laws 1983, LB 454, § 1;
Laws 1984, LB 1076, § 1;
Laws 1988, LB 913, § 1;
Laws 1993, LB 423, § 4;
Laws 2017, LB140, § 141.
Annotations
Notwithstanding interest rate limits under Nebraska statutes, national bank in Nebraska can legally charge, on credit card transactions, same rates allowed by section 45-114 et seq. Fisher v. First Nat. Bank of Omaha, 548 F.2d 255 (8th Cir. 1977).
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-820.01 - Bank credit cards; federal most-favored-lender doctrine; public policy declaration.

8-820.01.
Bank credit cards; federal most-favored-lender doctrine; public policy declaration.
It is hereby declared to be the public policy of the State of Nebraska that for purposes of applying the federal most-favored-lender doctrine, the bank credit card rate contained in section 8-820 is not comparable or analogous to the small loan rate found in sections 45-1024 and 45-1025. The Legislature finds that the institutions making small loans and the institutions administering a bank credit card are categorically different. The transactions carried on by these institutions are categorically different. The Legislature finds that small loan borrowers and bank credit card users are not synonymous or comparable. In establishing a small loan rate, the Legislature has recognized a risk factor that is different and greater than other financial transactions and therefor justifies the charging of a higher interest rate than installment loans, personal loans, retail revolving credit plans, or bank credit card interest rates.
Source
Laws 1981, LB 150, § 2;
Laws 2001, LB 53, § 7.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-821 - Personal loans; additional charges.

8-821.
Personal loans; additional charges.
In addition to the charges permitted by section 8-820, no further amount or exaction shall be directly or indirectly contracted for or received, except:
(1) Lawful fees actually and necessarily paid to a public officer for filing, recording, or releasing an instrument securing the loan;
(2) Taxable costs to which the bank is adjudged to be entitled in judicial proceedings instituted to collect the loan;
(3) Premiums paid for insurance policies covering tangible personal property securing the loan. Such insurance shall be only in such amount and nature as is customary and reasonable, having regard to all the circumstances of the loan, and the premium shall not exceed standard rates. If insurance is procured by or through the bank, an executed copy of the insurance policy or certificate of insurance shall be delivered to the borrower within fifteen days;
(4) Premiums paid for insurance policies covering tangible personal property acquired, in whole or in part, with the proceeds of the loan;
(5) The actual costs of nonfiling insurance;
(6) Premiums paid for credit life, health, disability, sickness and accident, or involuntary unemployment or job protection insurance policies or any one or more of them;
(7) Charges permitted by section 8-822;
(8) Fees agreed to by the parties for loan service costs for exceeding authorized limits, replacing lost cards, returning checks, or delinquency on the account; and
(9) In the case of loans initiated by credit card or other type of transaction card, any other fees agreed to by the parties.
Source
Laws 1965, c. 31, § 7, p. 215;
Laws 1973, LB 142, § 1;
Laws 1974, LB 695, § 1;
Laws 1987, LB 332, § 2;
Laws 1995, LB 384, § 9;
Laws 2000, LB 1125, § 1.
Annotations
Notwithstanding interest rate limits under Nebraska statutes, national bank in Nebraska can legally charge, on credit card transactions, same rates allowed by section 45-114 et seq. Fisher v. First Nat. Bank of Omaha, 548 F.2d 255 (8th Cir. 1977).
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-822 - Personal loans; method of computation; prepayment; rebates; delinquency charges.

8-822.
Personal loans; method of computation; prepayment; rebates; delinquency charges.
(1) Charges under section 8-820 shall be computed by application of the rate charged to the outstanding principal balance for the number of days actually elapsed without adding any additional charges, except that at the time the loan is made charges may be computed as a percentage per month of unpaid principal balances for the number of days elapsed on the assumption that the unpaid principal balance will be reduced, as provided in the loan contract, and such charges may be included in the scheduled installments. In the case of loans initiated by credit card or other type of transaction card, charges may be computed in any other manner agreed to by the parties and may include compounding of fees and charges.
(2) If a loan is prepaid in full by cash, a new loan, or otherwise after the first installment due date, the borrower shall receive a rebate of an amount which shall be not less than the amount obtained by applying to the unpaid principal balances as originally scheduled or, if deferred, as deferred, for the period following prepayment, according to the actuarial method, the annual percentage rate previously stated to the borrower pursuant to the federal Consumer Credit Protection Act. The licensee may round the annual percentage rate to the nearest one-half of one percent if such procedure is not consistently used to obtain a greater yield than would otherwise be permitted. Any default and deferment charges which are due and unpaid may be deducted from any rebate. No rebate shall be required for any partial prepayment. No rebate of less than one dollar need be made. Acceleration of the maturity of the contract shall not in itself require a rebate. If judgment is obtained before the final installment date the contract balance shall be reduced by the rebate which would be required for prepayment in full as of the date judgment is obtained.
(3) The charges retained by the bank may be increased to the extent that delinquency charges are computed on earned charges in accordance with the next succeeding sentence. Delinquency charges on any scheduled installment or portion thereof, if contracted for, may be taken, or in lieu thereof, interest after maturity on each such installment not exceeding the highest permissible interest rate.
Source
Laws 1965, c. 31, § 8, p. 215;
Laws 1973, LB 164, § 24;
Laws 1974, LB 626, § 2;
Laws 1980, LB 279, § 2;
Laws 1981, LB 214, § 4;
Laws 1997, LB 137, § 10;
Laws 2000, LB 1125, § 2;
Laws 2017, LB140, § 142.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-823 - Personal loans; when repayable; exception; confession of judgment, power of attorney, and agreements; prohibited.

8-823.
Personal loans; when repayable; exception; confession of judgment, power of attorney, and agreements; prohibited.
The following provisions shall apply to loans made under section 8-820:
(1) With the exception of loans for mobile homes, every such loan shall be repayable within a period of one hundred forty-five months and may be prepaid in whole or in part at any time. One or more of the installments may be accelerated or deferred when the borrower's chief source of income makes such arrangement necessary, if the note or contract so provides;
(2) The bank shall give the borrower a receipt showing the date and amount of each payment made on account of any such loan; and
(3) No bank shall take, in connection with any such loan, any confession of judgment, power of attorney to confess judgment, power of attorney to appear for a borrower in a judicial proceeding, or agreement to pay the costs of collection or the attorney's fees.
Source
Laws 1937, c. 110, § 8, p. 409;
C.S.Supp.,1941, § 81-7308;
R.S.1943, § 8-823;
Laws 1981, LB 214, § 5;
Laws 1982, LB 779, § 4.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-826 - Personal loans; duties of department.

8-826.
Personal loans; duties of department.
(1) The department shall:
(a) Be responsible for obtaining proper administration of sections 8-815 to 8-829 and take or cause to be taken such lawful steps as may be necessary and appropriate for the enforcement thereof; and
(b) Arrange for investigation and examination of the papers and records, pertaining to loans made under section 8-820, for the purpose of discovering violations of sections 8-815 to 8-829 or securing information lawfully required under it.
(2) The Director of Banking and Finance may adopt and promulgate rules and regulations to carry out and obtain compliance with sections 8-815 to 8-829.
Source
Laws 1965, c. 31, § 12, p. 218;
Laws 1978, LB 641, § 3;
Laws 2017, LB140, § 143.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-828 - Personal loans; bank; purchasing and discounting commercial, negotiable, or installment paper.

8-828.
Personal loans; bank; purchasing and discounting commercial, negotiable, or installment paper.
Nothing contained in sections 8-815 to 8-826 shall be construed as preventing a bank from purchasing or discounting from established business concerns any commercial, negotiable or installment paper, or as preventing any such bank from accepting from, or requiring such persons selling or offering to discount such instruments to execute, contracts guaranteeing the ultimate collection of all of such items so sold or discounted or requiring such persons to assume the burden of making collections of the individual items so sold as agent of the bank.
Source
Laws 1965, c. 31, § 14, p. 218;
Laws 2017, LB140, § 144.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-829 - Violations; penalty.

8-829.
Violations; penalty.
If a bank violates any provision of sections 8-820 to 8-823 in making or collecting any loan made under section 8-820, no charges of any kind shall be collected on such loan. If any charges have been collected, the bank shall forfeit to the borrower all interest collected on the loan involved and a sum equal thereto. The bank so offending shall be guilty of a Class V misdemeanor.
Source
Laws 1965, c. 31, § 15, p. 219;
Laws 1977, LB 40, § 62.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-908 - Act, how cited.

8-908.
Act, how cited.
Sections 8-908 to 8-918 shall be known and may be cited as the Nebraska Bank Holding Company Act of 1995.
Source
Laws 1995, LB 384, § 19;
Laws 2010, LB890, § 10.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-911 - Out-of-state bank holding company; acquisition of banks; conditions.

8-911.
Out-of-state bank holding company; acquisition of banks; conditions.
(1) Upon compliance with all other provisions of the Nebraska Bank Holding Company Act of 1995 and any other applicable law, an out-of-state bank holding company may acquire a bank or banks under the act only if the bank or banks to be acquired have been chartered for five years or more.
(2) An out-of-state bank holding company shall not, directly or indirectly, form, charter, or establish a bank in Nebraska or cause a bank in Nebraska to be formed, chartered, or established unless (a) the bank is formed, chartered, or established solely for the purpose of acquiring all or substantially all of the assets of a bank which has been chartered for five years or more and (b) the bank does not open for business prior to such acquisition.
Source
Laws 1995, LB 384, § 22;
Laws 1998, LB 1321, § 71.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-912 - Ownership, acquisition, or control of subsidiary in foreign state; when.

8-912.
Ownership, acquisition, or control of subsidiary in foreign state; when.
Upon approval of the Federal Reserve Board and upon compliance with section 8-913, a bank holding company whose home state is Nebraska may own, acquire, or control a depository institution subsidiary in any foreign state.
Source
Laws 1995, LB 384, § 23.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-913 - Bank holding company; registration required; when.

8-913.
Bank holding company; registration required; when.
Every bank holding company shall register with the department within thirty days after the consummation of an action set forth in section 8-910 on forms provided by the department. The forms provided by the department shall include such information with respect to the financial condition, operations, management, and intercompany relationship of the bank holding company and its subsidiaries and related matters, as the director may deem necessary or appropriate to carry out the purposes of the Nebraska Bank Holding Company Act of 1995. Upon good cause shown, the director may, in his or her discretion, extend the time within which a bank holding company shall register. A bank holding company shall amend its registration within thirty days after any additional action under section 8-910, 8-911, or 8-912.
Source
Laws 1995, LB 384, § 24.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-915 - Examinations; costs; reports in lieu of examination; director; powers.

8-915.
Examinations; costs; reports in lieu of examination; director; powers.
The director may make examinations of any bank holding company with one or more state-chartered bank subsidiaries and each state-chartered bank subsidiary thereof, the cost of which shall be assessed, in the manner set forth in sections 8-605 and 8-606, against and paid for by such bank holding company. The director may accept reports of examination made by the Federal Reserve Board, the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, or a foreign state agency in lieu of making an examination by the department. The director may provide reports of examination conducted by the department or other confidential information to any of such regulatory entities. The director may contract with any of such regulatory entities to conduct and pay for such an examination for the department. The director may contract with any of such regulatory entities to conduct and receive payment for such an examination for any of such regulatory entities. The director may enter into cooperative agreements with any or all of such regulatory entities to foster the purposes of the Nebraska Bank Holding Company Act of 1995.
Source
Laws 1995, LB 384, § 26;
Laws 2007, LB124, § 15;
Laws 2013, LB213, § 12.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-918 - Unsafe or unauthorized activities; powers of department.

8-918.
Unsafe or unauthorized activities; powers of department.
If the department, upon investigation, determines that any officer or director of a bank holding company which owns or controls a state-chartered bank is conducting the business of the bank holding company or the business of its subsidiary state-chartered bank or banks in an unsafe or unauthorized manner or is endangering the interest of the bank holding company or the interest of its subsidiary state-chartered bank or banks, the department shall have authority, after notice and opportunity for hearing, to do any or all of the following: (1) Remove such officer or director of the bank holding company from acting as an officer or director of the bank holding company; and (2) impose fines and order any other necessary corrective action against such officer or director pursuant to sections 8-1,134 to 8-1,139. The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2010, LB890, § 11.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1101.01 - Federal rules and regulations; fair practice or ethical rules or standards; defined.

8-1101.01.
Federal rules and regulations; fair practice or ethical rules or standards; defined.
For purposes of the Securities Act of Nebraska:
(1) Federal rules and regulations adopted under the Investment Advisers Act of 1940 or the Securities Act of 1933 means such rules and regulations as they existed on January 1, 2023; and
(2) Fair practice or ethical rules or standards promulgated by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, or a self-regulatory organization approved by the Securities and Exchange Commission means such practice, rules, or standards as they existed on January 1, 2023.
Source
Laws 2017, LB148, § 2;
Laws 2019, LB259, § 2;
Laws 2020, LB909, § 13;
Laws 2021, LB363, § 13;
Laws 2022, LB707, § 21;
Laws 2023, LB92, § 14.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1104 - Registration of securities; exceptions.

8-1104.
Registration of securities; exceptions.
It shall be unlawful for any person to offer or sell any security in this state unless (1) such security is registered by coordination under section 8-1106 or by qualification under section 8-1107, (2) the security is exempt under section 8-1110 or is sold in a transaction exempt under section 8-1111, or (3) the security is a federal covered security.
Source
Laws 1965, c. 549, § 4, p. 1773;
Laws 1997, LB 335, § 3;
Laws 2013, LB214, § 2.
Annotations
It is unlawful to offer or sell unregistered securities which are not exempt from registration or unless the securities are sold in an exempt transaction. Labenz v. Labenz, 198 Neb. 548, 253 N.W.2d 855 (1977).
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1109.02 - Registration of securities; order of denial, suspension, or revocation; notice; request for hearing; modification of order.

8-1109.02.
Registration of securities; order of denial, suspension, or revocation; notice; request for hearing; modification of order.
Upon the entry of an order denying effectiveness to or suspending or revoking the effectiveness of a registration statement to register securities under any part of section 8-1109 or 8-1109.01, the director shall promptly notify the issuer of the securities and the applicant or registrant that the order has been entered and of the reasons therefor and that any person to whom the order is directed may request a hearing within fifteen business days after the issuance of the order. Upon receipt of a written request the matter will be set down for hearing to commence within thirty business days after the receipt unless the parties consent to a later date or the director or a hearing officer sets a later date for good cause. If no hearing is requested within fifteen business days of the issuance of the order and none is ordered by the director, the order shall automatically become a final order and shall remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of and opportunity for hearing to the issuer and to the applicant or registrant, shall enter his or her written findings of fact and conclusions of law and may affirm, modify, or vacate the order. The director may modify or vacate a stop order if he or she finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.
Source
Laws 1967, c. 29, § 4, p. 146;
Laws 1990, LB 956, § 9;
Laws 2001, LB 53, § 22;
Laws 2017, LB148, § 11.
Annotations
Failure of the Department of Banking and Finance to produce certified mail receipt is not conclusive proof that no notice was given. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).
The alleged failure of the department to comply with the hearing requirements of this section were collateral matters in this criminal action and could not be raised on appeal. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1112 - Registrant; subject to personal jurisdiction.

8-1112.
Registrant; subject to personal jurisdiction.
Registering as a broker-dealer, issuer-dealer, agent, investment adviser, or investment adviser representative under the Securities Act of Nebraska or directly or indirectly offering a security or investment adviser services in this state shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such a person in any action which arises under the act.
Source
Laws 1965, c. 549, § 12, p. 1790;
Laws 1973, LB 167, § 7;
Laws 1983, LB 447, § 1;
Laws 1993, LB 216, § 8.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1113 - False or misleading filings; unlawful.

8-1113.
False or misleading filings; unlawful.
It shall be unlawful for any person to make or cause to be made, in any document filed with the director or in any proceeding under the Securities Act of Nebraska, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
Source
Laws 1965, c. 549, § 13, p. 1790;
Laws 1998, LB 894, § 2.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1114 - Unlawful representation concerning merits of registration or exemption.

8-1114.
Unlawful representation concerning merits of registration or exemption.
Neither the fact that an application for registration or notice filing under section 8-1103, a notice filing under section 8-1108.02, or a registration statement under section 8-1106 or 8-1107 has been filed, nor the fact that a person or security is effectively registered, shall constitute a finding by the director that any document filed under the Securities Act of Nebraska is true, complete, and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction shall mean that the director has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security, or transaction. It shall be unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with this section.
Source
Laws 1965, c. 549, § 14, p. 1790;
Laws 1997, LB 335, § 8;
Laws 2013, LB214, § 7.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1115 - Investigations; subpoena; director; powers.

8-1115.
Investigations; subpoena; director; powers.
(1) The director in his or her discretion (a) may make such public or private investigations within or without this state as he or she deems necessary to determine whether any registration should be granted, denied, or revoked or whether any person has violated or is about to violate the Securities Act of Nebraska or any rule and regulation or order under the act or to aid in the enforcement of the act or in the adopting and promulgating of rules and regulations and the prescribing of forms under the act, (b) may require or permit any person to file a statement in writing, under oath or otherwise as the director may determine, as to all the facts and circumstances concerning the matter to be investigated, and (c) may publish information concerning any violation of the act or any rule and regulation or order under the act. In the discretion of the director, the actual expense of any such investigation may be charged to the applicant or person who is the subject of the investigation.
(2) For the purpose of any investigation or proceeding under the act, the director or any person designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.
(3) At the request of an administrator responsible for enforcement of the securities laws of another state, the director may issue subpoenas to compel the attendance of any person or require the production of records in this state if the alleged violation being investigated would be a violation of the Securities Act of Nebraska if the activities had occurred in this state.
(4) In case of contumacy by or refusal to obey a subpoena issued to any person, any court of competent jurisdiction, upon application by the director, may issue to such person an order requiring him or her to appear before the director, or the officer designated by the director, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of court.
Source
Laws 1965, c. 549, § 15, p. 1791;
Laws 1987, LB 497, § 1;
Laws 2017, LB148, § 14.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1115.01 - Investigation or other proceeding; prohibited acts.

8-1115.01.
Investigation or other proceeding; prohibited acts.
It shall be unlawful for any person with respect to any investigation or other proceeding under the Securities Act of Nebraska to: (1) Alter, destroy, mutilate, or conceal; (2) make a false entry in or by any means falsify; or (3) remove from any place or withhold from investigators or officials any record, document, or electronic or physical evidence with the intent to impede, obstruct, avoid, evade, or influence the investigation or administration of any other proceeding under the act.
Source
Laws 2009, LB113, § 2.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1116 - Violations; injunction; receiver; appointment; additional court orders authorized.

8-1116.
Violations; injunction; receiver; appointment; additional court orders authorized.
Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of the Securities Act of Nebraska or any rule and regulation or order under the act, the director may in his or her discretion bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with the Securities Act of Nebraska or any rule and regulation or order under the act. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant's assets. Upon a proper showing by the director, the court may invoke its equitable powers under the law and issue an order of rescission, restitution, or disgorgement, an order freezing assets, an order requiring an accounting, or a writ of attachment or writ of general or specific execution, directed to any person who has engaged in or is engaging in any act constituting a violation of any provision of the Securities Act of Nebraska or any rule and regulation or order under the act. The director shall not be required to post a bond.
Source
Laws 1965, c. 549, § 16, p. 1792;
Laws 1998, LB 894, § 3;
Laws 2009, LB113, § 3;
Laws 2017, LB148, § 15.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1117 - Violations; penalty.

8-1117.
Violations; penalty.
(1) Any person who willfully violates any provision of the Securities Act of Nebraska except section 8-1113, or who willfully violates any rule and regulation or order under the act, or who willfully violates the provisions of section 8-1113 knowing the statement made to be false or misleading in any material respect is guilty of a Class IV felony. No indictment may be returned or information filed under the act more than five years after the alleged violation.
(2) The director may refer such evidence as may be available concerning violations of the act or any rule and regulation or order under the act to the Attorney General or the proper county attorney, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under the act.
(3) Nothing in the act shall limit the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law.
Source
Laws 1965, c. 549, § 17, p. 1792;
Laws 1977, LB 40, § 65;
Laws 1998, LB 894, § 4;
Laws 2017, LB148, § 16.
Annotations
To sustain a conviction under either the fraud or registration provisions of the Uniform Securities Act, specific intent need not be proved, and "willful" may mean no more than that the actor was aware of what he or she was doing. State v. Irons, 254 Neb. 18, 574 N.W.2d 144 (1998).
Proof of a specific intent, evil motive, or knowledge that the law was being violated is not required to sustain conviction of willful violation of the securities act. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1119 - Appeal; procedure.

8-1119.
Appeal; procedure.
Any person aggrieved by a final order of the director may appeal the order, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1965, c. 549, § 19, p. 1794;
Laws 1988, LB 352, § 12.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1121 - Exemption or exception; burden of proof.

8-1121.
Exemption or exception; burden of proof.
In any proceeding under the Securities Act of Nebraska, the burden of proving an exemption or an exception from a definition shall be upon the person claiming it.
Source
Laws 1965, c. 549, § 21, p. 1797;
Laws 1998, LB 894, § 5.
Annotations
Defendant bears the burden of proving a claim of exemption when raising the issue as a defense to a charge of unlawful sale of unregistered securities. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1122 - Act; how construed.

8-1122.
Act; how construed.
The Securities Act of Nebraska shall be construed as to effectuate its general purpose to make uniform the law of those states which enact it and to coordinate the interpretation and administration of the act with the related federal regulation.
Source
Laws 1965, c. 549, § 22, p. 1797;
Laws 1998, LB 894, § 6.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1122.01 - Federal limits rejected.

8-1122.01.
Federal limits rejected.
The federal limits on the registration of securities, dealers, brokers, broker-dealers, agents, and investment advisers as provided in the federal Philanthropy Protection Act of 1995, Public Law 104-62, shall not apply in Nebraska and are hereby rejected by the State of Nebraska pursuant to section 6(c) of such act. The State of Nebraska elects to retain the authority to require or not require such registration under the Securities Act of Nebraska and to retain the authority to have such registration requirements apply in all administrative and judicial actions commenced after July 15, 1998.
Source
Laws 1998, LB 1180, § 1;
Laws 2017, LB148, § 19.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1123 - Act, how cited.

8-1123.
Act, how cited.
Sections 8-1101 to 8-1123 shall be known and may be cited as the Securities Act of Nebraska.
Source
Laws 1965, c. 549, § 23, p. 1797;
Laws 1997, LB 335, § 11;
Laws 1998, LB 1180, § 2;
Laws 2002, LB 957, § 11;
Laws 2009, LB113, § 4;
Laws 2017, LB148, § 20.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1301 - Terms, defined.

8-1301.
Terms, defined.
For the purposes of sections 8-1302 and 8-1303, unless the context otherwise requires:
(1) Fiduciary shall mean a trustee under any trust, expressed, implied, resulting, or constructive, personal representative, administrator, guardian, committee, conservator, curator, tutor, custodian, nominee, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, member, agent, officer of any corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust, or estate; and
(2) Person shall mean any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, two or more persons having a joint or common interest, or other legal or commercial entity.
Source
Laws 1977, LB 500, § 2;
Laws 1986, LB 909, § 12;
Laws 1993, LB 121, § 101.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1302 - Deposit in a clearing corporation; procedure; rules and regulations; applicability.

8-1302.
Deposit in a clearing corporation; procedure; rules and regulations; applicability.
(1) Notwithstanding any other provision of law, any fiduciary holding securities in its fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary is authorized to deposit or arrange for the deposit of such securities in a clearing corporation, as defined in section 8-102, Uniform Commercial Code, or with any other agency or organization. When such securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of such clearing corporation, agency or other organization with any other such securities deposited in such clearing corporation by any person regardless of the ownership of such securities. Certificates of small denomination may be merged into one or more certificates of larger denomination. The records of such fiduciary and the records of such bank or trust company acting as custodian, as managing agent, or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Title to such securities may be transferred by bookkeeping entry on the books of such clearing corporation, agency or other organization without physical delivery of certificates representing such securities. A bank or trust company so depositing securities pursuant to this section shall be subject to such rules and regulations as, in the case of state-chartered institutions, the Director of Banking and Finance or, in the case of national banking associations, the Comptroller of the Currency may from time to time issue. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by such bank or trust company in such clearing corporation, agency or other organization for the account of such fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of such fiduciary's account or on demand by the attorney for such party, certify in writing to such party the securities deposited by such fiduciary in such clearing corporation, agency or other organization for its account as such fiduciary.
(2) This section shall apply to any fiduciary holding securities in its fiduciary capacity, and to any bank or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary, acting on September 2, 1977, or who thereafter may act regardless of the date of the agreement, instrument, or court order by which it is appointed and regardless of whether or not such fiduciary, custodian, managing agent, or custodian for a fiduciary owns capital stock of such clearing corporation.
Source
Laws 1977, LB 500, § 3;
Laws 1978, LB 763, § 1.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1303 - Deposit of United States Government securities with a federal reserve bank; procedure; rules and regulations; applicability.

8-1303.
Deposit of United States Government securities with a federal reserve bank; procedure; rules and regulations; applicability.
(1) Notwithstanding any other provision of law, any bank or trust company, when acting as a fiduciary and any bank or trust company, when holding securities as custodian for a fiduciary, is authorized to deposit, or arrange for the deposit, with the federal reserve bank in its district of any securities the principal and interest of which the United States or any department, agency, or instrumentality thereof has agreed to pay, or has guaranteed payment, to be credited to one or more accounts on the books of such federal reserve bank in the name of such bank or trust company, to be designated fiduciary or safekeeping accounts, to which account other similar securities may be credited. A bank or trust company so depositing securities with a federal reserve bank shall be subject to such rules and regulations with respect to the making and maintenance of such deposit as, in the case of state-chartered institutions, the Director of Banking and Finance or, in the case of national banking associations, the Comptroller of the Currency may from time to time issue. The records of such bank or trust company shall at all times show the ownership of the securities held in such account. Ownership of, and other interests in, the securities credited to such account may be transferred by entries on the books of such federal reserve bank without physical delivery of any securities. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities so deposited by such bank or trust company with such federal reserve bank for the account of such fiduciary. A fiduciary shall, on demand by any party to its accounting or on demand by the attorney for such party, certify in writing to such party the securities deposited by such fiduciary with such federal reserve bank for its account as such fiduciary.
(2) This section shall apply to all fiduciaries, and custodians for fiduciaries, acting on September 2, 1977, or who thereafter may act regardless of the date of the instrument or court order by which they are appointed.
Source
Laws 1977, LB 500, § 4.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1402 - Provide records or information; costs.

8-1402.
Provide records or information; costs.
(1) Any person, party, agency, or organization requesting disclosure of records or information pursuant to section 8-1401 shall pay the costs of providing such records or information unless:
(a) The request for disclosure is made pursuant to subdivision (1)(a) of section 8-1401 and a Nebraska Supreme Court rule provides for the method of payment;
(b) The request for disclosure is made pursuant to subdivision (1)(d) or (1)(e) of section 8-1401;
(c) Otherwise ordered by a court of competent jurisdiction; or
(d) The person making the disclosure waives any or all of the costs.
(2)(a) The requesting person, party, agency, or organization shall pay the actual cost of providing the records or information.
(b) For purposes of this subsection, actual cost means:
(i) Search and processing costs, including the total amount of personnel direct time incurred in locating and retrieving, reproducing, packaging, and preparing records or information for shipment or delivery. Search and processing costs may include the actual cost of extracting information stored by computer in the format in which it is normally produced, based on computer time and necessary supplies;
(ii) Reproduction costs incurred in making copies of records or information requested. The rate for reproduction costs for making copies of requested records or information shall be the usual rate charged by the person making the disclosure to its customers for reproducing copies, including copies produced by reader-printer reproduction processes. Photographs, films, and other materials shall be reimbursed at actual cost; and
(iii) Transportation costs, including transport of personnel to locate and retrieve the records or information requested and including all other reasonably necessary costs to convey the records or information.
(3) No person authorized to receive payment pursuant to subsection (1) of this section has an obligation to provide any records or information pursuant to section 8-1401 until assurances are received that the costs due under this section will be paid, except for requests made pursuant to subdivisions (1)(d), (1)(e), (1)(f), and (1)(g) of section 8-1401.
Source
Laws 1979, LB 216, § 2;
Laws 1995, LB 384, § 11;
Laws 1998, LB 1104, § 2;
Laws 2002, LB 957, § 13;
Laws 2003, LB 156, § 2;
Laws 2014, LB788, § 4;
Laws 2015, LB155, § 4.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1403 - Terms, defined.

8-1403.
Terms, defined.
For purposes of sections 8-1401, 8-1402, and 8-1404:
(1) Governmental agency means any agency, department, or commission of this state or any authorized officer, employee, or agent of such agency, department, or commission;
(2) Law enforcement agency means an agency or department of this state or of any political subdivision of this state that obtains, serves, and enforces arrest warrants or that conducts or engages in prosecutions for violations of the law; and
(3) Person means any individual, corporation, partnership, limited liability company, association, joint-stock association, trust, unincorporated organization, and any other legal entity.
Source
Laws 2003, LB 156, § 3;
Laws 2014, LB788, § 6.
2023 Nebraska Revised Statutes › Chapter 8 - Banks and Banking › 8-1501 - Terms, defined.

8-1501.
Terms, defined.
For purposes of sections 8-1501 to 8-1505, unless the context otherwise requires:
(1) Person means an individual, corporation, partnership, limited liability company, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated organization, or other form of entity not specifically listed in this subdivision; and
(2) Control means to own directly or indirectly or to control in any manner twenty-five percent or more of the voting shares of any bank, trust company, or holding company or to control in any manner the election of the majority of directors of any bank, trust company, or holding company.
Source
Laws 1983, LB 240, § 1;
Laws 1993, LB 121, § 102;
Laws 1995, LB 599, § 5;
Laws 2003, LB 131, § 11.