Nebraska Administrative Code Topic - BANKING AND FINANCE, DEPARTMENT OF
Here’s a refined overview of relevant Nebraska Administrative Code topics under the Department of Banking & Finance:
📘 Title 45 – Banking Rules (State‑chartered banks & trust companies)
This Title covers regulations for state‑chartered banks and trust companies, including:
General provisions, data processing, record retention, insider loans, officer responsibilities, etc. (ndbf.nebraska.gov, ndbf.nebraska.gov)
Chapters 12 & 13 set standards for director-performed audits and CPA examinations, detailing qualifications, independence, scope and audit acceptance criteria (ndbf.nebraska.gov).
📙 Title 47 – Nebraska Financial Innovation
Effective May 29, 2024, Title 47 implements the Nebraska Financial Innovation Act (“NFIA”), which establishes a state banking charter for digital‑asset institutions. Key areas include:
Charter application processes for digital‑asset depositories (e.g., custody, staking, node verification)
Bonding/insurance requirements to promote stability
Capital requirements and operating expense provisions (ndbf.nebraska.gov).
📗 Title 48 – Department of Banking & Finance (Securities Bureau)
This Title governs state securities law and related functions:
Chapter 1: General Provisions – Delegation of authority, fees, definitions, administration under the Nebraska Securities Act (ndbf.nebraska.gov, business.cch.com).
Chapters 2–37 – Include definitions, broker‑dealer/agent rules, investment adviser regulations, record‑keeping, exemptions (e.g., intrastate, co‑op, federal covered), underwriting, promotional share rules, and securities sales within financial institutions (business.cch.com).
Notable updates: Amendments to Chapters 6, 7, 9, and 12 (broker‑dealer agents and investment adviser regulation) took effect September 18, 2024, adopting NASAA/FINRA model rules such as extended exam validity for agents (ndbf.nebraska.gov).
🏛️ Statutory & Administrative Integration
Neb. Rev. Stat. § 8‑201 empowers the Department to promulgate rules for trust companies, forming the basis for Title 45 provisions (nebraskalegislature.gov).
Guidance and policy documents complement administrative rules, covering:
State‑bank powers, naming rules, loan limits, maintenance standards
Digital‑asset depository operational handbooks, AML/CFT/OFAC protocols under NFIA
Mortgage and installment‑loan licensing FAQs and interpretative opinions (ndbf.nebraska.gov).
✅ Summary Table
Title
Focus Areas
Highlights
45
State‑chartered banks/trust companies
Audit/examination standards, record‑keeping, officer rules
47
Digital‑asset depository charter
Charter rules, bonding/insurance, capital requirements
48
Securities regulation (broker‑dealer, investment adviser, issuer exemptions)
Definitions, fee schedules, conduct standards, recent NASAA/FINRA-aligned updates
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