Neb. Rev. Stat. §§ 8-3012

Current with changes through the 2024 First Special Legislative Session

Section 8-3012 - Digital asset depository institution; formation; articles of incorporation; contents; filing requirements; capital requirements; bank holding company; powers

(1) Except as otherwise provided by subsection (5) of this section, five or more adult persons, including at least one Nebraska resident, may form a digital asset depository institution. The incorporators shall subscribe the articles of incorporation and transmit them and the bylaws of the digital asset depository to the director as part of an application for a charter under section 8-3015.

(2) The articles of incorporation shall include the following information:

(a) The corporate name;

(b) The object for which the corporation is organized;

(c) The term of its existence, which may be perpetual;

(d) The place in Nebraska where its main office shall be physically located and its operations conducted;

(e) The amount of capital stock and the number of shares;

(f) The name and residence of each shareholder subscribing to more than ten percent of the stock and the number of shares owned by that shareholder;

(g) The number of directors and the names of those who shall manage the affairs of the corporation for the first year; and

(h) A statement that the articles of incorporation are made to enable the incorporators to avail themselves of the advantages of the laws of the state.

(3) Copies of all amended articles of incorporation and bylaws shall be filed in the same manner as the original articles of incorporation and bylaws.

(4) The incorporators shall solicit capital prior to filing an application for a charter with the director, consistent with section 8-3013. In the event an application for a charter is not filed or is denied by the director, all capital shall be promptly returned without loss.

(5) Subject to federal and state law, a bank holding company may apply to hold a digital asset depository institution.

Neb. Rev. Stat. §§ 8-3012

Laws 2021, LB 649, § 12; Laws 2023, LB 92, § 26.

Amended by Laws 2023, LB 92,§ 26, eff. 6/7/2023, op. 6/7/2023.

Added by Laws 2021, LB 649,§ 12, eff. 8/28/2021, op. 10/1/2022.