8-3012 – Digital asset depository institution; formation; articles of incorporation; contents; filing; capital requirements; bank holding company; powers.
8-3012. Digital asset depository institution; formation; articles of incorporation; contents; filing; capital requirements; bank holding company; powers. (1) Except as otherwise provided by subsection (5) of this section, five or more adult persons, including at least one Nebraska resident, may form a digital asset depository institution. The incorporators shall subscribe the articles of incorporation and […]
8-3013 – Digital asset depository institution; capital and surplus requirements.
8-3013. Digital asset depository institution; capital and surplus requirements. (1) The capital stock of each digital asset depository institution chartered under the Nebraska Financial Innovation Act shall be subscribed for as paid-up stock. No digital asset depository institution shall be chartered with capital stock of less than ten million dollars. (2) No digital asset depository […]
8-3014 – Financial institution; digital asset depository department; charter amendment; director; powers and duties.
8-3014. Financial institution; digital asset depository department; charter amendment; director; powers and duties. (1) Any financial institution, having adopted or amended its articles of incorporation to authorize the conduct of a digital asset depository business may be further chartered by the director to transact a digital asset depository business in a digital asset depository department […]
8-3015 – Digital asset depository; act as; authority or charter to operate; required; application; fee.
8-3015. Digital asset depository; act as; authority or charter to operate; required; application; fee. (1) No corporation shall act as a digital asset depository without first obtaining authority or a charter to operate from the director under the Nebraska Financial Innovation Act. (2) The incorporators under section 8-3012 shall apply to the director for a […]
8-3016 – Application for authority or charter; notice; hearing; director; department; powers and duties.
8-3016. Application for authority or charter; notice; hearing; director; department; powers and duties. (1) After a substantially complete application for digital asset depository authority or a digital asset depository institution charter has been submitted, the director shall notify the applicants in writing within thirty calendar days of any deficiency in the required information or that […]
8-3017 – Application for charter or authority to operate; hearing; how conducted.
8-3017. Application for charter or authority to operate; hearing; how conducted. The hearing for a charter application or for authority to operate a digital asset depository shall be conducted under the Administrative Procedure Act and shall comply with the requirements of the act. Source Laws 2021, LB649, § 17. Cross References Administrative Procedure Act, see […]
8-3018 – Application for charter or authority to operate; director; investigation and examination.
8-3018. Application for charter or authority to operate; director; investigation and examination. Upon receiving the application for a charter to become a digital asset depository institution, or for authority to operate a digital asset depository department, the applicable fee, and other information required by the director, the director shall make a careful investigation and examination […]
8-3019 – Application for charter or authority to operate; decision; criteria and requirements; approval; how effected.
8-3019. Application for charter or authority to operate; decision; criteria and requirements; approval; how effected. (1) Within ninety days after receipt of the transcript of the public hearing, the director shall render a decision on the application based on the following criteria and requirements: (a) Whether the character, reputation, criminal record, financial standing, and ability […]
8-3020 – Conditions to commence business; compliance required; failure to commence business; effect.
8-3020. Conditions to commence business; compliance required; failure to commence business; effect. (1) If an application is approved and a charter or authority is granted by the director under section 8-3019, the digital asset depository shall not commence business before satisfaction of all conditions precedent contained in the director’s order or conditional order. (2) If […]
8-3021 – Appeal.
8-3021. Appeal. Any decision of the department or director in approving, conditionally approving, or disapproving a charter or authority for a digital asset depository is appealable in accordance with the Administrative Procedure Act. Source Laws 2021, LB649, § 21. Cross References Administrative Procedure Act, see section 84-920.