Can you summarize NERS 8-138?
This legal document governs the acceptance and receipt of deposits by banks when they are insolvent. According to the document, no bank is allowed to accept or receive deposits when it is insolvent. If a bank receives or accepts deposits while insolvent, the officer, agent, or employee involved is guilty of a Class III felony. The document does not mention any exemptions. It is applicable to all banks and aims to prevent insolvent banks from accepting deposits.
Can you summarize NERS 8-139?
This legal document governs the approval of loans and investments by banks in Nebraska. It requires that no loan or investment be made by a bank without the approval of an active executive officer. The executive officers of banks must possess good moral character, known integrity, business experience and responsibility, and be capable of conducting the affairs of a bank on sound banking principles. Additionally, banks must apply for and obtain a license from the department for their active executive officers to act in such capacity, unless they elect for their active executive officers to be exempt from this requirement.
Can you summarize NERS 8-140?
Any financial institution chartered by the department that employs a mortgage loan originator, as defined in section 45-702, shall register such employee with the Nationwide Mortgage Licensing System and Registry, as defined in section 45-702, by furnishing the following information concerning the employee’s identity to the Nationwide Mortgage Licensing System and Registry: (1) Fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state and national criminal history background check; and (2) Personal history and experience, including authorization for the Nationwide Mortgage Licensing System and Registry to obtain information related to any administrative, civil, or criminal findings by any governmental jurisdiction.
Can you summarize NERS 8-141?
This legal document governs the limits on loans that banks can provide to corporations, limited liability companies, firms, and individuals. The limit is set at twenty-five percent of the paid-up capital, surplus, and capital notes and debentures or fifteen percent of the unimpaired capital and unimpaired surplus of the bank, whichever is greater. However, there are exceptions to these limitations. These exceptions include obligations secured by shipping documents or livestock, obligations secured by certain bonds or notes of the United States, obligations secured by negotiable warehouse receipts, and obligations secured by readily marketable collateral.
Can you summarize NERS 8-142?
This legal document, found in the Nebraska Revised Statutes under the section on BANKS AND BANKING, pertains to officers, employees, directors, or agents of any bank. It outlines the penalties for knowingly violating or permitting a violation of section 8-141. The severity of the penalty depends on the nature and impact of the violation. Violations resulting in the insolvency of the bank are classified as a Class IV felony. Violations resulting in a monetary loss to the bank of over twenty thousand dollars or exceeding the authorized limit by forty thousand dollars or more are classified as a Class I misdemeanor.
Can you summarize NERS 8-143?
This legal document governs the actions of directors of banks in Nebraska. If the directors knowingly violate or permit violations of section 8-141, the bank may face forfeiture of its rights, privileges, and franchises. Before the charter of the bank is declared forfeited, a court of competent jurisdiction must determine and adjudicate the violation. The Director of Banking and Finance may bring an action for this purpose. In case of a violation, directors who participated in or knowingly assented to the violation may be personally liable for all damages sustained by the bank, its shareholders, or any other person as a result of the violation.
Can you summarize NERS 8-143.01?
This section of the Nebraska Revised Statutes governs the extension of credit by banks to their executive officers, directors, principal shareholders, and related interests. It sets limits on the amount of credit that can be extended and requires approval by the board of directors for certain extensions. The section also allows for specific exemptions, such as credit for financing education or the purchase of a residence. Executive officers are required to make annual written reports on loans or indebtedness, or the board of directors may obtain credit reports.
Can you summarize NERS 8-144?
Any officer or employee of any bank who willfully and knowingly violates any provision of sections 8-141 to 8-143.01 shall be liable under his or her bond for any loss to the bank resulting therefrom. Source: Laws 1909, c. 10, 40, p. 86; R.S.1913, 319; Laws 1919, c. 190, tit. V, art. XVI, 40, p. 701; C.S.1922, 8020; C.S.1929, 8-159; R.S.1943, 8-153; Laws 1963, c. 29, 44, p. 152; Laws 1994, LB 611, 3; Laws 2017, LB140, 41.
Can you summarize NERS 8-145?
Any stockholder or director, officer, agent, or employee of any bank who, for the use or benefit of himself or herself or any person other than the bank, solicits, asks for, or receives or agrees to receive from any person any gift or compensation or reward or inducement of any kind for (1) procuring or endeavoring to procure any loan from such bank to any person, (2) procuring or endeavoring to procure the purchase by such bank from any person of any negotiable or nonnegotiable instrument of any kind by discount or otherwise, (3) procuring or endeavoring to procure the purchase by such bank from any person of any real or personal property of any kind, or (4) procuring or endeavoring to procure such bank to permit any person to overdraw his or her account with such bank, is guilty of a Class I misdemeanor.