45-1004. Installment loans; license required, when; authority of licensee; affiliate of licensee; how treated. (1)(a) Any person may, after procuring a license from the department, engage or continue in the business of making loans of money and charge, contract for, and receive the maximum for interest and other charges in accordance with the authorization and […]
45-1005. Installment loans; license; application; fee. Any person who desires to obtain an original license to engage in the business of lending money under the terms and conditions of the Nebraska Installment Loan Act or an original license to hold or acquire any rights of ownership, servicing, or other forms of participation in a loan […]
45-1006. Installment loans; application hearing; protest; procedure. (1) When an application for an original installment loan license has been accepted by the director as substantially complete, notice of the filing of the application shall be published by the department three successive weeks in a legal newspaper published in or of general circulation in the county […]
45-1007. Installment loans; license; bond. (1) Except as otherwise provided in this section, a license shall not be issued until the applicant gives to the department a bond in the penal sum of fifty thousand dollars to be executed by the applicant and a surety company authorized to do business in the State of Nebraska, […]
45-1008. License; issuance; requirements; term. Upon the filing of an application under the Nebraska Installment Loan Act, the payment of the license fee, and the approval of the required bond, the director shall investigate the facts regarding the applicant. If the director finds that (1) the experience, character, and general fitness of the applicant, of […]
45-1009. License; application; grant or denial; time allowed; abandoned application; department; powers. (1) The department shall approve or deny every application for license under section 45-1008 within ninety days after the filing of an application, if the application is substantially complete and is accompanied by the required fees and the approved bond. (2) If an […]
45-101.01. Unconstitutional. Annotations This section enacted by 1963 Special Session as a part of Legislative Bill 11 was unconstitutional as special legislation. State Securities Co. v. Ley, 177 Neb. 251, 128 N.W.2d 766 (1964).
45-101.02. Terms, defined. As used in sections 45-101.02 to 45-101.04, 45-102, and 45-105, unless the context otherwise requires: (1) Interest means the compensation agreed upon or allowed by law upon any loan or forbearance of money, goods, or things in action but does not include loan service costs; (2) Loan service costs means reasonable and […]
45-101.03. General interest rate; maximum; variable rate authorized; conditions. (1) Except as provided in section 45-101.04, any rate of interest which may be agreed upon, not exceeding sixteen percent per annum on the unpaid principal balance, shall be valid upon any loan or forbearance of money, goods, or things in action and may be taken […]
45-101.04. General interest rate; maximum; when not applicable. The limitation on the rate of interest provided in section 45-101.03 shall not apply to: (1) Other rates of interest authorized for loans made by any licensee or permittee operating under a license or permit duly issued by the Department of Banking and Finance pursuant to the […]
45-101.05. Mortgage loan; escrow account; how established and maintained. No lender, in connection with a mortgage loan, shall require the borrower or prospective borrower: (1) To deposit in any escrow account which may be established in connection with such loan for the purpose of assuring payment of taxes, insurance premiums, or other charges with respect […]
45-101.06. Escrow accounts; not required. It is not the intent of sections 45-101.05 to 45-101.07 to require that escrow accounts be required or established. Source Laws 1976, LB 502, § 2.
45-101.07. Violations; penalty. Any lender who violates any of the provisions of section 45-101.05 shall be guilty of a Class IV misdemeanor. Source Laws 1976, LB 502, § 3; Laws 1977, LB 41, § 39.
45-1010. Installment loans; licenses; limitations as to business and persons. Not more than one place of business shall be maintained under the same license, but more than one license may be issued to the same licensee upon compliance with all provisions of the Nebraska Installment Loan Act governing the issuance of an original license, for […]
45-1011. Installment loans; place of business; separate office required; exceptions; enforcement. No licensee shall conduct the business of making loans under the Nebraska Installment Loan Act within any office, room, or place of business in which any other business is solicited or engaged in, or in association or conjunction with any other business, if the […]
45-1012. Licensee; service of process. Obtaining a license constitutes sufficient contact with this state for the exercise of personal jurisdiction over the licensee in any action arising out of the licensee’s activity in this state. Source Laws 1941, c. 90, § 7, p. 347; C.S.Supp.,1941, § 45-135; R.S.1943, § 45-124; Laws 1983, LB 447, § […]
45-1013. Installment loans; license; renewal; fees; relocation of place of business; procedure; hearing; fee. (1) For the annual renewal of an original license under the Nebraska Installment Loan Act, the licensee shall file with the department a fee of two hundred fifty dollars and a renewal application containing such information as the director may require […]
45-1014. Installment loans; fees; disposition. All original license fees and annual renewal fees shall be collected by the department and remitted to the State Treasurer for credit to the Financial Institution Assessment Cash Fund. All investigation and examination fees, charges, and costs collected by or paid to the department shall likewise be remitted to the […]
45-1015. Installment loans; doing business without license; penalty. Any person who, by any device, subterfuge, or pretense whatsoever, engages in or continues any of the kinds of business or enterprise permitted to licensees by the Nebraska Installment Loan Act without having obtained the license required by the act, with intent to evade the provisions of […]
45-1016. Installment loans; rules and regulations; power of Department of Banking and Finance. The director may adopt and promulgate rules and regulations and issue orders, rulings, demands, and findings to carry out the purposes of the Nebraska Installment Loan Act. Source Laws 1941, c. 90, § 23, p. 354; C.S.Supp.,1941, § 45-151; R.S.1943, § 45-129; […]
