The Bureau of Securities is responsible for regulating Investment Advisers and Investment Adviser Representatives in the State of Nebraska. The Bureau of Securities also investigates any complaints filed against Investment Advisers and Investment Adviser Representatives involving Nebraska residents.

An Investment Adviser or Investment Adviser Representative is a firm or individual registered to give advice regarding individual securities. Investment Advisers and Investment Adviser Representatives usually operate on a fee basis for their services. All Investment Advisers and Investment Adviser representatives register with the states in which they provide advisory services.

SEC Registered Investment Advisers are required to Notice File in jurisdictions prior to conducting business. The Notice Filing is facilitated through the IARD system.  

The Bureau of Securities does not register qualified retirement programs.

The following information is provided to assist in preparing an application for investment adviser registration in Nebraska.

Investment Adviser Application Filings Through Web IARD (Investment Adviser Registration Depository)

Applications, form filings, and fee payments for Investment Adviser firms and representatives should be made directly through the Web IARD.

• Form ADV;
• A $200 Investment Adviser application fee;
• Form U4; and
• A $40 representative application fee

More information and links to the Web IARD are available from our Investment Adviser Forms page.
 

Investment Adviser applicants must submit the following supplements to the State of Nebraska Dept. of Banking & Finance Securities Bureau:

• An executed "Affidavit of Investment Adviser Activity in Nebraska";
• A current Audited Financial Statement or Certified Balance Sheet no more than 90 days old;
• A copy of the Articles of Incorporation, Articles of Partnership or LLC Membership Agreement that shows the current legal name of the applicant;
• A Corporate Resolution (only for those entities organized as a corporation);
• A Surety Bond in the amount of $25,000 or applicant must maintain a net capital over $25,000;
• Specimen Contracts and/or Agreements

All business engaging in "payday lending" services are required to be licensed by the Nebraska Department of Banking and Finance. Laws governing payday lending services are provided in the Delayed Deposit Services Licensing Act, Neb. Rev. Stat. งง 45-901 - 45-930.

A Delayed Deposit Services Business License covers only the main location. Branch applications must be made separately. Main office licenses and branch licenses are valid from the date of issuance until the following May 1, at which time the license(s) must be renewed.

To obtain a Delayed Deposit Services Business License, an applicant must submit:

• a complete Delayed Deposit Services Business License Application (no unanswered questions);
• an original surety bond issued by a surety company authorized to do business in Nebraska;
• a complete Delayed Deposit Services Business License Biographical Questionnaire for each officer, director, shareholder, partner or member;
• a complete Delayed Deposit Services Financial Statement (Individual) for each officer, director, shareholder, partner or member;
• a Request for Criminal History Check for each officer, director, shareholder, partner or member;
• A check in the total amount of $15 per each person for whom a Request for Criminal History Check is submitted (i.e., if 10 individuals are required to submit a Request for Criminal History Check, the total payment would be $150). This payment should be made payable to the Nebraska State Patrol
• A non-refundable application fee in the amount of $500 made payable to the Nebraska Department of Banking and Finance.

If the applicant wishes to apply for a branch location within the same county as the main office license, the following additional items must be submitted:

• A complete Application for a Branch of a Delayed Deposit Services Business License for each branch location;
• A current corporate financial statement, including a balance sheet and income and expense statement. The financial statement should identify the number and outstanding balance of uncollected checks as of the date of the statement; and
• A non-refundable application fee in the amount of $150 for each branch location made payable to the Nebraska Department of Banking and Finance.

Once the application for a new license has been determined to be complete and all information has been submitted, the agency has 90 days to approve or deny the application. Review the  Guidelines for Delayed Deposit Services Business License Application for more information regarding publications, hearings and costs.

After the publication process, a hearing will be held on the application. The applicant is responsible for payment of costs associated with this hearing. If it is determined that further investigation is needed, the applicant will also be responsible for the costs of such investigation.

The applicant will be notified in writing of the department's determination.

Apply for a license

The Delayed Deposit Services Licensing Act was passed by the Legislature in 1994, giving the Nebraska Department of Banking and Finance the authority to regulate businesses commonly known as payday lenders. By state statute, these businesses are "Delayed Deposit Services."

A Delayed Deposit Service, or DDS, basically allows individuals to obtain cash using a check as collateral for a maximum 34-day period. There are laws governing the business practices of these companies, which you can find under the Delayed Deposit Services/Payday Lenders menu and the DDS Statutes link. As the regulatory entity of these businesses, our agency has the authority to investigate complaints, to conduct exams of these businesses to ensure compliance with state law and to assess fines when violations have been discovered.