2022 Nebraska Revised Statutes
Chapter 8 - Banks and Banking
8-101.03 - Terms, defined.
8-101.03. Terms, defined.
For purposes of the Nebraska Banking Act, unless the context otherwise requires:
(1) Access device means a code, a transaction card, or any other means of access to a customer's account, or any combination thereof, that may be used by a customer for the purpose of initiating an electronic funds transfer at an automatic teller machine or a point-of-sale terminal;
(2) Acquiring financial institution means any financial institution establishing a point-of-sale terminal;
(3) Automatic teller machine means a machine established and located in the State of Nebraska, whether attended or unattended, which utilizes electronic, sound, or mechanical signals or impulses, or any combination thereof, and from which electronic funds transfers may be initiated and at which banking transactions as defined in section 8-157.01 may be conducted. An unattended automatic teller machine shall not be deemed to be a branch operated by a financial institution;
(4) Automatic teller machine surcharge means a fee that an operator of an automatic teller machine imposes upon a consumer for an electronic funds transfer, if such operator is not the financial institution that holds an account of such consumer from which the electronic funds transfer is to be made;
(5) Bank or banking corporation means any incorporated banking institution which was incorporated under the laws of this state as they existed prior to May 9, 1933, and any corporation duly organized under the laws of this state for the purpose of conducting a bank within this state under the act. Bank means any such banking institution which is, in addition to the exercise of other powers, following the practice of repaying deposits upon check, draft, or order and of making loans. Bank or banking corporation includes a digital asset depository institution as defined in section 8-3003. Notwithstanding the provisions of this subdivision, a digital asset depository institution is subject to the provisions of subdivision (2)(b) of section 8-3005;
(6)(a) Bank subsidiary means a corporation or limited liability company that:
(i) Has a bank as a shareholder, member, or investor; and
(ii) Is organized for purposes of engaging in activities which are part of the business of banking or incidental to such business except for the receipt of deposits.
(b) A bank subsidiary may include a corporation organized under the Nebraska Financial Innovation Act.
(c) A bank subsidiary is not to be considered a branch of its bank shareholder;
(7) Capital or capital stock means capital stock;
(8) Data processing center means a facility, wherever located, at which electronic impulses or other indicia of a transaction originating at an automatic teller machine are received and either authorized or routed to a switch or other data processing center in order to enable the automatic teller machine to perform any function for which it is designed;
(9) Department means the Department of Banking and Finance;
(10) Digital asset depository means a financial institution that securely holds liquid assets when such assets are in the form of controllable electronic records, either as a corporation organized, chartered, and operated pursuant to the Nebraska Financial Innovation Act as a digital asset depository institution, or a financial institution operating a digital asset depository business as a digital asset depository department under a grant of authority by the director;
(11) Director means the Director of Banking and Finance;
(12) Financial institution means a bank, savings bank, building and loan association, savings and loan association, or credit union, whether chartered by the United States, the department, or a foreign state agency; any other similar organization which is covered by federal deposit insurance; a trust company; or a digital asset depository that is not a digital asset depository institution;
(13) Financial institution employees includes parent holding company and affiliate employees;
(14) Foreign state agency means any duly constituted regulatory or supervisory agency which has authority over financial institutions and which is created under the laws of any other state, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Virgin Islands or which is operating under the code of law for the District of Columbia;
(15) Impulse means an electronic, sound, or mechanical impulse, or any combination thereof;
(16) Insolvent means a condition in which (a) the actual cash market value of the assets of a bank is insufficient to pay its liabilities to its depositors, (b) a bank is unable to meet the demands of its creditors in the usual and customary manner, (c) a bank, after demand in writing by the director, fails to make good any deficiency in its reserves as required by law, or (d) the stockholders of a bank, after written demand by the director, fail to make good an impairment of its capital or surplus;
(17) Making loans includes advances or credits that are initiated by means of credit card or other transaction card. Transaction card and other transactions, including transactions made pursuant to prior agreements, may be brought about and transmitted by means of an electronic impulse. Such loan transactions including transactions made pursuant to prior agreements shall be subject to sections 8-815 to 8-829 and shall be deemed loans made at the place of business of the financial institution;
(18) Order includes orders transmitted by electronic transmission;
(19) Point-of-sale terminal means an information processing terminal which utilizes electronic, sound, or mechanical signals or impulses, or any combination thereof, which are transmitted to a financial institution or which are recorded for later transmission to effectuate electronic funds transfer transactions for the purchase or payment of goods and services and which are initiated by an access device. A point-of-sale terminal is not a branch operated by a financial institution. Any terminal owned or operated by a seller of goods and services shall be connected directly or indirectly to an acquiring financial institution; and
(20) Switch means any facility where electronic impulses or other indicia of a transaction originating at an automatic teller machine are received and are routed and transmitted to a financial institution or data processing center, wherever located. A switch may also be a data processing center.
- Laws 1963, c. 29, § 1, p. 134;
- Laws 1965, c. 27, § 1, p. 198;
- Laws 1967, c. 19, § 1, p. 117;
- Laws 1975, LB 269, § 1;
- Laws 1976, LB 561, § 1;
- Laws 1987, LB 615, § 1;
- Laws 1988, LB 375, § 1;
- Laws 1993, LB 81, § 1;
- Laws 1994, LB 611, § 1;
- Laws 1995, LB 384, § 1;
- Laws 1997, LB 137, § 1;
- Laws 1998, LB 1321, § 1;
- Laws 2000, LB 932, § 1;
- Laws 2002, LB 1089, § 1;
- Laws 2003, LB 131, § 1;
- Laws 2003, LB 217, § 1;
- Laws 2015, LB348, § 1;
- R.S. Supp.,2016, § 8-101;
- Laws 2017, LB140, § 2;
- Laws 2021, LB649, § 33;
- Laws 2022, LB707, § 6.
- Operative Date: July 21, 2022
- Nebraska Financial Innovation Act, see section 8-3001.
When a corporation is conducting business as a bank, that corporation falls within the purview of Nebraska's banking statutes which regulate banks and banking in this state. In re Invol. Dissolution of Battle Creek State Bank, 254 Neb. 120, 575 N.W.2d. 356 (1998).
Notwithstanding interest rate limits under Nebraska statutes, national bank in Nebraska can legally charge, on credit card transactions, same rates allowed by section 45-114 et seq. Fisher v. First Nat. Bank of Omaha, 548 F.2d 255 (8th Cir. 1977).