Delayed Deposit Service License

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

Delayed Deposit Services/Payday Lender Regulation

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.

Nebraska Money Transmitters Act

Chapter 8, Article 27

To print a PDF version without annotations or a complete source, Click Here. This file is placed on our website for your reference and convenience only. For an official version, please click on the listed statute below or visit the Nebraska Unicameral website.

 

8-2701 Act, how cited.
8-2702 Terms, defined.
8-2703 Exemptions
8-2704 Authority to require demonstration of exemption.
8-2705 Director; implementation; broad administrative authority.
8-2706 Information; reports; records; confidentiality; disclosure; director; powers.
8-2707 Licensee or authorized delegate; supervision; director; powers; violation of act; administrative fine.
8-2708 Multistate supervisory process; authority to participate.
8-2709 Money transmission; license required; when; not transferable or assignable.
8-2710 Licensing cooperation and coordination among state regulators; Nationwide Mortgage Licensing System and Registry; participation authorized.
8-2711 License; application; form; contents; fee.
8-2712 Individual in control or seeking control; key individuals; background information; investigative background report; director; powers.
8-2713 License; issuance or denial; procedure; appeal; license term.
8-2714 License renewals.
8-2715 License; suspend or revoke; grounds; applicant or licensee; demonstrate compliance with law.
8-2716 Licensee; application to acquire control; approval or denial; procedure; appeal; applicability of provisions.
8-2717 Key individual; add or replace; notice; disapproval; conditions; appeal.
8-2718 Report of condition.
8-2719 Audited financial statement; other information; filing; requirements.
8-2720 Authorized delegate report.
8-2721 Licensee; report to director; when; breach of security of the system; notification.
8-2722 Bank Secrecy Act; reporting requirements.
8-2723 Records; maintenance; requirements.
8-2724 Authorized delegate; authorized; procedures.
8-2725 License required; liability for money transmission for unlicensed or nonexempt person.
8-2726 Licensee; money transmission; duties.
8-2727 Refunds.
8-2728 Receipt for money received for transmission.
8-2729 Payroll processing services.
8-2730 Licensee; net worth requirements.
8-2731 Surety bond.
8-2732 Permissible investments; requirements.
8-2733 Permissible investments; types.
8-2734 Suspension, revocation, cancellation, surrender, or expiration of license; conditions; effect.
8-2735 Authorized delegate; suspend or revoke designation; grounds; relief.
8-2736 Cease and desist; order; procedure.
8-2737 Consent order.
8-2738 Violation; penalty.
8-2739 Violation; fine; amount.
8-2740 Money transmission; unlicensed person; cease and desist order; temporary restraining order.
8-2741 Fees, charges, costs, fines; remittance.
8-2742 Adoption of federal law by reference.
8-2743 Repealed. Laws 2025, LB474, § 114.
8-2744 Repealed. Laws 2025, LB474, § 114.
8-2745 Repealed. Laws 2025, LB474, § 114.
8-2746 Repealed. Laws 2025, LB474, § 114.
8-2747 Repealed. Laws 2025, LB474, § 114.
8-2748 Repealed. Laws 2016, LB778, § 9.