Can you summarize NERS 8-194?
This provision, found in the Nebraska Revised Statutes under the section on Banks and Banking, governs the determination and declaration of insolvency of banks in the state of Nebraska. When the director of the bank determines that a bank is insolvent and the stockholders or owners fail to restore solvency within the specified time and manner, or if the bank violates state laws, the director must make a written finding of the bank’s condition and declare it insolvent.
Can you summarize NERS 8-195?
This legal document pertains to insolvent banks and their interaction with the Department of Banking and Finance. If a bank deems itself aggrieved by the actions of the department, it can petition the district court to enjoin further proceedings. The court will then hear the allegations and proofs of the parties and determine the facts. If the bank can prove that it is solvent, conducting its business as provided by law, and not endangering the interests of its depositors and other creditors, and that the Director of Banking and Finance has acted arbitrarily and abused their discretion, the court may set aside the declaration of insolvency and enjoin the director from proceeding further.
Can you summarize NERS 8-196?
An appeal under section 8-195 shall operate as a stay of judgment of the district court, and no bond need be given if the appeal is taken by the director. If the appeal is taken by the bank, a bond shall be given as required by law for an appeal in civil cases. Source: Laws 1933, c. 18, 53, p. 162; Laws 1935, c. 16, 1, p. 89; C.S.Supp.,1941, 8-190; R.
Can you summarize NERS 8-197?
This legal document, part of the Nebraska Revised Statutes under the section on Banks and Banking, governs the liquidation process of insolvent banks. It outlines two methods of liquidation: (a) The Federal Deposit Insurance Corporation (FDIC) may accept the appointment as receiver or liquidating agent for insolvent banks whose deposits are insured by the FDIC. (b) If the bank is declared insolvent and its deposits are not insured by the FDIC, depositors and other creditors representing at least 51% of the deposits and claims have the right to liquidate the bank through liquidating trustees.
Can you summarize NERS 8-198?
This provision, found in the Nebraska Revised Statutes under the section on Banks and Banking, grants the department the authority to act as the receiver and liquidating agent for financial institutions chartered by the department. The department, subject to the supervision and control of the district court, can proceed to liquidate or reorganize such financial institutions in accordance with the Nebraska Banking Act. This provision does not constitute an unlawful delegation of judicial power to an executive department of government.
Can you summarize NERS 8-199?
This provision, found in the Nebraska Revised Statutes under the section for Banks and Banking, outlines the powers and privileges of the department when it is designated as the receiver for a financial institution chartered by the department. The department, acting through the director, has the authority to enforce debts and obligations owed to the financial institution or its creditors, shareholders, or owners. Additionally, the department can execute necessary instruments for the sale of property or settlement of obligations, subject to approval by the district court.
Can you summarize NERS 8-2103?
(1) A Nebraska state chartered bank may establish and maintain a branch or acquire a branch in any other state with the prior approval of the director and upon payment of the branch application fee set forth in section 8-602. (2) A Nebraska state chartered bank may engage in an interstate merger transaction in any other state in which it is the resulting bank and establish one or more branches in such other state with the prior approval of the director and upon payment of the merger and branch application fees set forth in section 8-602.
Can you summarize NERS 8-2104?
This legal document, governed by the Nebraska Revised Statutes, pertains to the establishment and maintenance of branches by out-of-state banks in Nebraska. It states that an out-of-state bank can establish and maintain a branch or acquire a branch in Nebraska by complying with the applicable requirements of the Nebraska Model Business Corporation Act. Additionally, an out-of-state bank can engage in an interstate merger transaction in Nebraska, resulting in the establishment of one or more branches.
Can you summarize NERS 8-2401?
This legal document outlines the formation and conditions for a credit card bank under the Nebraska Banking Act. To be formed under this act, a credit card bank must meet several conditions, including limitations on accepting certain types of deposits, restrictions on services provided, minimum capital stock and paid-in surplus requirements, employment or contracting obligations, limitations on the number of offices and processing centers, and operating in a manner that does not harm existing financial institutions.
Can you summarize NERS 8-2402?
The Department of Banking and Finance may grant a charter to transact the business of a credit card bank if the Director of Banking and Finance is satisfied that the applicant has met the conditions set forth in section 8-2401 and the Nebraska Banking Act as to the formation of a new bank. Source: Laws 2004, LB 999, 18. Cross References Nebraska Banking Act, see section 8-101.02.