Can you summarize NERS 8-148.09?
This legal document, sourced from the Nebraska Revised Statutes, governs the authority of banks to subscribe to, invest in, buy, and own stock of other financial institutions. The document outlines the conditions under which such transactions are authorized, including mergers, consolidations, and asset acquisitions. The acquiring bank must obtain prior approval from the director, and in certain cases, the transaction must occur on the same day as the acquisition of shares.
Can you summarize NERS 8-148.10?
Any financial institution as defined in section 8-3003 other than a digital asset depository institution as defined in section 8-3003 may invest not more than ten percent of its capital and surplus either in stock of a corporation operating a digital asset depository institution or directly, alone, or with others, in a digital asset depository institution. With written approval of the director, such additional percentage of its capital and surplus may be so invested as the director shall approve.
Can you summarize NERS 8-149?
This legal document, governed by the Nebraska Revised Statutes, pertains to banks and their investment activities. It states that no bank can invest in bank premises or the stock, bonds, debentures, or other obligations of any corporation holding the premises without the written approval of the director. Additionally, banks are prohibited from making loans upon the security of the stock of such corporations if the total investments and loans exceed the bank’s paid-up capital stock, surplus, and capital notes and debentures.
Can you summarize NERS 8-150?
This legal document, governed by the Nebraska Revised Statutes under the section for Banks and Banking, pertains to the power of banks to purchase, hold, and convey real estate. Banks are allowed to acquire real estate through various means, such as pursuant to section 8-149, through debts owed to the bank, or through sales under judgments, decrees, deeds of trust, or mortgages. However, when acquiring real estate through sales, banks are prohibited from bidding more than the amount required to satisfy the judgments or decrees with costs.
Can you summarize NERS 8-1501?
For purposes of sections 8-1501 to 8-1505, unless the context otherwise requires: (1) Person means an individual, corporation, partnership, limited liability company, trust, association, joint venture, pool, syndicate, sole proprietorship, unincorporated organization, or other form of entity not specifically listed in this subdivision; and (2) Control means to own directly or indirectly or to control in any manner twenty-five percent or more of the voting shares of any bank, trust company, or holding company or to control in any manner the election of the majority of directors of any bank, trust company, or holding company.
Can you summarize NERS 8-1502?
This legal document, found in the Nebraska Revised Statutes under the section on Banks and Banking, governs the acquisition of control of state-chartered banks and trust companies. It requires any person acting personally or as an agent to provide sixty days’ notice to the Department of Banking and Finance before acquiring control of such institutions. The Director of Banking and Finance has thirty days to review the notice and may disapprove the proposed acquisition within that period.
Can you summarize NERS 8-1503?
Within ten days after receipt of notice of disapproval pursuant to section 8-1502, the acquiring party may request an agency hearing on the proposed acquisition. At such hearing, all issues shall be determined on the record pursuant to the administrative rules of procedure and the rules and regulations as may be issued by the Department of Banking and Finance in accordance with the Administrative Procedure Act. At the conclusion of such hearing, the Director of Banking and Finance shall by order approve or disapprove the proposed acquisition on the basis of the record made at such hearing.
Can you summarize NERS 8-1504?
This legal document governs the process of acquisition and applies to persons or entities making an acquisition. The document specifies the information that must be included in a notice filed for an acquisition. The required information includes the identity, personal history, business background, and experience of each person involved in the acquisition, as well as their material business activities and affiliations in the past five years. The notice must also include a statement of the assets and liabilities of the persons involved, the terms and conditions of the proposed acquisition, and the source and amount of funds or other consideration used or to be used in the acquisition.
Can you summarize NERS 8-1505?
The Director of Banking and Finance may disapprove any proposed acquisition if: (1) The financial condition of any acquiring person is such as might jeopardize the financial stability of the bank or trust company or prejudice the interests of the depositors of the bank or trust company; (2) The competence, experience, or integrity of any acquiring person or of any of the proposed management personnel indicates that it would not be in the interest of the depositors of the bank or trust company or in the interest of the public to permit such person to control the bank or trust company; or (3) Any acquiring person neglects, fails, or refuses to furnish the Director of Banking and Finance all the information required by him or her.
Can you summarize NERS 8-1506?
This legal document, part of the Nebraska Revised Statutes governing banks and banking, outlines the powers of the Director of Banking and Finance in relation to failing financial institutions. The Director has the authority to take immediate action, without a hearing, to convert or merge the charter, ownership, assets, liabilities, or branches of a financial institution if it is determined to have impaired capital, unsafe or unauthorized operations, or if it endangers the interests of depositors or savers.