FINANCIAL INSTITUTIONS STATEMENTS OF POLICY
- Powers of a State Bank
Sets forth the powers of a state-chartered bank and describes services or products a state-chartered bank may offer.
- Loan Production Offices in Nebraska
Pertains to loan production offices in Nebraska and includes descriptions of their various areas of interest.
- Credit Card Banks in Nebraska
Contains a list of questions and answers regarding credit card banks in Nebraska.
- Bank and Bank Branch Naming Policy
Sets forth policies concerning the use and approval of the chartered name of a bank, the names of all bank offices used within the State of Nebraska, and the laws prohibiting the use of confusingly similar names by bank offices in the same community or county.
- Payment of Fees to an Insider of a Bank
Covers the issues surrounding the payment of fees to a bank insider.
- Formal and Informal Administrative Actions
Describes formal and informal administrative action processes, including corrective action procedures, as they relate to bank examination results.
- Capital Computation
Defines what “primary capital” is, for purposes of computing capital at a state-chartered bank.
- Violations of Banking Statutes
Briefly describes how the Department responds to civil and criminal banking statute violations.
- Loan Limits
Sets forth policies regarding the maximum amount a bank may loan to a customer.
- Livestock Loans
Sets forth policies regarding rules and restrictions regarding loans secured by livestock.
- Inclusion of Nonledger Assets in Total Amount Loaned Under State Lending Limits
Pertains to the treatment of ledger and nonledger assets in the same line of credit.
- Participation Loans
Sets forth policies regarding the purchase and renewal of participation loans.
- Lending Limits Where Bank’s Capital Declines
Discusses lending limits for a bank that experiences a decline in bank capital and includes examples for further clarification.
- Other Real Estate
Contains policies regarding a bank’s acquisition of other real estate.
- Financial Institution Bond Coverage
Contains policies regarding financial institution bond coverage as required by the Nebraska Banking Act.
- Disclosure of Information to Bonding Companies
Covers the types of disclosures of information that can or cannot be made to bonding companies.
- External Auditors and Confidentiality of Examinations and Other Materials
Sets forth policies that assist external auditors of a financial institution with the coordination and communication of information with examiners.
- Response Program/Notification Unauthorized Access to Customer Information
Contains policies for financial institutions regarding the implementation of a Response Program in the event of a data security breach and establishes the requirement to notify the Department of a data security breach.
FINANCIAL INSTITUTIONS MISCELLANEOUS GUIDANCE DOCUMENTS
- Community Development Investments: A Banker's Guide Brochure
A brochure for bankers containing general information regarding community development investments.
- Financial Institution Directors: Duties & Responsibilities Manual
A manual intended to assist members of the board of directors of a financial institution to better understand their duties and responsibilities.
MORTGAGE BANKING INTERPRETATIVE OPINIONS
- Activities Requiring Licensure as a Mortgage Loan Originator Describes the type of activities that require licensing as a mortgage loan originator.
- Loan Processors and Underwriters Licensing Requirements Describes mortgage loan originator licensing requirements pertaining to loan processors and underwriters.
- Independent Loan Processing Companies Discusses the application of the licensing requirements of the Residential Mortgage Licensing Act to independent loan processing companies.
- Financial Responsibility Describes the factors that the Department will consider when evaluating the financial responsibility of an applicant for a mortgage loan originator license.
- Use of Unique Identifier Describes the requirements pertaining to the use of a unique identifier by mortgage bankers and mortgage loan originators.
MORTGAGE BANKING MISCELLANEOUS GUIDANCE DOCUMENTS
- Conference of State Bank Supervisors—Guidance on Nontraditional Mortgage Product Risks
Discusses lender’s obligations concerning nontraditional mortgage loans.
- Illustrations of Consumer information on Nontraditional Mortgage Products
Provides examples to assist mortgage bankers and mortgage loan originators to understand the guidance and to meet their obligations concerning nontraditional mortgage loans.
- Conference of State Bank Supervisors—Statement on Subprime Mortgage Lending
Discusses lender’s obligations concerning subprime mortgage loans.
- Mortgage Loan Originator License Maintenance, Renewal, and Surrender FAQs
Answers common questions concerning maintenance, renewal, and surrender of mortgage loan originator licenses.
- Mortgage Loan Originator License Application Process FAQs
Answers common questions concerning the application process for mortgage loan originator licenses.
- Mortgage Loan Originator General Licensing Questions
Answers common questions concerning mortgage loan originators and licensing.
INSTALLMENT LOAN MISCELLANEOUS GUIDANCE DOCUMENTS
- Installment Loan Application General Hearing Questions
Contains commonly asked hearing questions and topics for Installment Loan License Application hearings.
- Installment Loan Licensing FAQs
A list of commonly asked questions and answers regarding the Nebraska Installment Loan Act.
DELAYED DEPOSIT SERVICES INTERPRETATIVE OPINIONS
- Determining Maximum Service Fee That Can Be Charged By Delayed Deposit Licensees
Discusses the method for calculating the maximum fees that are allowed to be charged by delayed deposit services businesses.
- Definition of “Maker”
Discusses the requirements of the Act as they pertain to jointly owned financial institution accounts.
- Definition of “Check”; Presentment; Penalty Charges; Prepayment
Discusses the requirements of the Act related to depositing checks, authorizations to electronically debit accounts, notices to customers, prepayments, and the penalty fees that may be charged for checks returned nonsufficient funds.
- Method of Payment
Discusses the Act’s prohibition of charging a customer additional fees or charges when paying the proceeds from a delayed deposit services transaction.
- Holding of Checks
Discusses the requirements of the Act as they pertain to presenting checks and the thirty-four day holding period.
- Collection of Returned Checks; Partial Collection Payments
Discusses the collection methods for checks returned for nonsufficient funds, including the use of ACH and collection of partial items, allowable fees, and required customer notices.
- Collection Items; Documentation Required
Discusses the records which must be retained by licensees in connection with collection efforts on checks returned for nonsufficient funds.
- Use of the Terms “Loan” and “Payday Loan”
Discusses the conditions under which delayed deposit services licensees may use the terms “loans” and “payday loans” to describe their business in advertising.
- Extended Payment Plan
Discusses the requirements of the Act relating to Extended Payment Plans (“EPP”), including amendment of the delayed deposit agreement, terms of an EPP, and prepayment of an EPP.
- Rescission; Redemption
Discusses a maker’s right to rescind a delayed deposit transaction, a maker’s right to redeem a delayed deposit transaction, and a maker’s right to rescind an authorization for electronic payment.
- Military Personnel, Spouses and Dependents
Discusses limitations regarding delayed deposit transactions provided to military personnel, their spouses, and dependents under the Act and the federal Military Lending Act of 2006.
DELAYED DEPOSIT SERVICES MISCELLANEOUS GUIDANCE DOCUMENTS
- DDS Frequently Asked Questions
A list of commonly asked questions and answers regarding the Nebraska Delayed Deposit Services Act.
- DDS Rate Chart
A chart to assist Nebraska delayed deposit services businesses with the computation of rates for delayed deposit services transactions ranging from $5.00 to $500.00.
- DDS General Hearing Questions
Contains commonly asked hearing questions and topics for Delayed Deposit Services Business Application hearings.
SECURITIES INTERPRETATIVE OPINIONS
- Certificates of Deposit
Discusses the factors the Department will consider in determining whether a certificate of deposit constitutes a security as defined in the Securities Act.
- Exclusion from Definition of Security for Limited Liability Companies Which Are Actively Managed by Members
Discusses the factors that the Department will consider in determining whether a limited liability company is actively managed by its members for purposes of the exclusion of such interests from the definition of “security.”
- Applicability of the Securities Act of Nebraska to Offers Effected Through the Internet that do not Result in Sales to Nebraska
Discusses the conditions for out-of-state offerings conducted on the internet without registering the securities in Nebraska.
- Offers of “Free” Securities with Purchase of Item for Value and Section 8-1101(11)
Discusses the registration requirements for securities that are given away in connection with a purchase of other items for value.
- Canadian Multijurisdictional Offerings in Nebraska
Discusses registration requirements for Canadian Multijurisdictional Offerings.
- Shelf Registration by Coordination and Section 8-1106
Discusses the procedures for filing a shelf registration of securities.
- Financial Institution Offerings and the Sections 8-1110(3), 8-1110(4) and 8-1110(5) Exemptions
Discusses requirements for exemption from registration for offers and sales of financial institution securities.
- Isolated Transactions and the Section 8-1111(1) Exemption
Discusses the factors that the Department will consider in determining whether an offering constitutes an isolated transaction.
- Sales of Securities to Existing Security Holders and the Section 8-1111(11) Exemption
Discusses requirements for issuers wishing to rely upon the existing security holder exemption.
- Institutional Investors and the Section 8-1111(8) Exemption
Discusses the types of institutions that can qualify for the exemption found in Section 8-1111(8).
- Securities Subject to Conversion and the Section 8-1111(14) Exemption
Discusses the types of transactions which qualify for the conversion exemption in Section 8-1111(14).
- “Unit” Defined and the Section 8-1111(5) Exemption
Discusses the definition of the term “unit” in determining whether a transaction qualifies for the exemption found in Section 8-1111(5).
- Registered Broker-Dealers and the Sections 8-1111(2) and 8-1111(3) Exemptions
Discusses broker-dealer registration requirements in connection with the exemptions found in Sections 8-1111(2) and 8-1111(3).
- Private Securities Transactions by Agents and the Sections 8-1111(9), 8-1111(16) and 8-1111(20) Exemptions
Discusses the requirement that the individual offering the securities must be registered as an agent of a broker-dealer if such individual is receiving commissions related to the sale of the security.
- Determining Number of Clients of an Investment Adviser
Discusses the factors and procedures for determining the number of clients of an investment adviser.
- Applicability of the Securities Act of Nebraska to Persons Who Provide Investment Advisory Services as a Component of Other Fina
Discusses the definition of “investment adviser” as it relates to individuals who provide financial planning.
- Use of Certifications and Designations in Advertising by Investment Adviser Representatives and Broker-Dealer Agents
Discusses prohibited practices in the use of certifications and designations in advertising by investment adviser representatives and broker-dealer agents.
- Rescission Offers and Sections 8-1116, 8-1117 and 8-1118
Discusses registration requirements related to rescission offers.
SECURITIES MISCELLANEOUS GUIDANCE DOCUMENTS
- Securities Exemption FAQs
Answers frequently asked questions regarding securities exemptions and notice filings.
- Raising Capital Through Securities Sales
Brochure providing guidance regarding applicable securities laws and exemptions for businesses seeking to sell securities to raise capital.
- Securities Interpretative Opinion No. 17 - Certifications and Designations - FAQs
Answers frequently asked questions regarding securities designations.
SELLER-ASSISTED MARKETING ACT INTERPRETATIVE OPINION