Nebraska Administrative Code › Topic - BANKING AND FINANCE, DEPARTMENT OF › Title 47 - DEPARTMENT OF BANKING AND FINANCE › Chapter 1 - APPLICATIONS › Section 47-1-002 - APPLICATION FORM AND REQUIREMENTS

Current through June 17, 2024
002.01 Applications
				are required to be on a form prescribed by the Director.
002.02 The Director has the discretion to
				require additional information on any application, where the initial
				application or any background search provides information that may necessitate
				the Department's collection of additional information to ensure that the
				application is substantially complete, and that the applicant meets the
				statutory requirements under the Act.
002.03 Upon application for a charter to
				conduct operations as a digital asset depository, the Department will make a
				careful investigation and examination of the character, reputation, criminal
				record, financial standing, and ability of any direct owners effecting ten
				percent (10%) or more of the digital asset depository, as well as any indirect
				owners effecting ten percent (10%) or more of any direct owner, which affects
				ten percent (10%) or more of the digital asset depository.
002.03A Pursuant to Neb. Rev. Stat. §
										8-3012(1), an
				adult person must be a natural person and cannot be a legal entity.
002.03B Pursuant to Neb. Rev. Stat. §
										8-3018(3), "a
				misdemeanor involving any aspect of a digital asset depository business or any
				business of a similar nature" means a misdemeanor under any state, territory,
				or federal law which involves dishonesty or fraud, or which involves any aspect
				of a digital assets business or platform, financial institution, depository
				institution, mortgage business, money lending, check cashing, or other similar
				business.
002.03C Pursuant to Neb.
				Rev. Stat. §
										8-3018(3),
				"felony" means any felony under state, territory, or federal law.
002.03D "Felony" and "misdemeanor" as used
				within Neb. Rev. Stat. §
										8-3018(3), also
				include foreign criminal offenses of a comparable nature or severity.
002.03E The Director may require any
				individual listed in an application as a shareholder, director, or officer to
				provide documentation of character, reputation, criminal record, financial
				standing, ability, and business qualifications by any means satisfactory to the
				Director.
002.03F Inability of any
				individual listed in an application to locate and obtain any documentation
				requested by the Director does not relieve the listed individual of providing
				the requested documentation to the Director.
002.03G Unavailability of foreign
				jurisdiction documentation equal to information provided in the United States,
				or its territories, for its citizens, that is requested by the Director for an
				individual listed in an application does not relieve the listed individual of
				providing the requested documentation.
002.03H Individuals listed in applications
				may use independent third parties, approved by the Department, to assist in
				attaining and submitting personal information, or background reports, required
				by the Director for an application. Any independent third party used must
				submit individual background information to the Department directly in a secure
				manner.