The Department of Banking was created by Nebraska legislators to regulate state-chartered banks and other financial industries within the state. In 1939, regulation of state securities laws was also placed under the jurisdiction of the Department of Banking. Today, the Nebraska Department of Banking and Finance regulates and supervises various financial industries on behalf of the State of Nebraska and its residents.

Residential Mortgage Licensing Act Interpretative Opinions
The Department has issued Residential Mortgage Licensing Act Interpretative Opinions effective April 16, 2012. There are five separate Interpretative Opinions. Interpretative Opinion #1 provides guidance related to the activities requiring a mortgage loan originator license. Interpretative Opinions #2 and #3 provide guidance regarding loan processors and underwriters and independent processing companies. Interpretative Opinion #4 provides guidance related to financial responsibility for mortgage loan originators. Interpretative Opinion #5 provides guidance related to disclosing the unique identifiers of mortgage loan originators in connection with advertisements and solicitations.
Click here for the RMLA Interpretative Opinions.

Statement of Policy #33
The Department issued Statement of Policy #33, entitled “Electronic Terminal Access,” on March 1, 2012. SOP #33 focuses on Section 8-157.01 of the Nebraska Banking Act and Automated Teller Machine transactions, Point-of-Sale transactions, and Switches.
Forms SOP #33

Virginia-Based Company Ordered to Stop Soliciting Nebraska Investors
Lincoln, Neb., February 14, 2012 – The Nebraska Department of Banking and Finance has issued a Cease and Desist Order against Greyton, LLC, 8972 Quioccasin Road, No. 138, Richmond, Virginia (“Greyton”), its manager, Anthony T. Hall (“Hall”), and its affiliates, officers, directors, agents, and employees. The Order prohibits the entities and individuals named from offering or selling securities to Nebraska investors.
Full Press Release

Nebraska News
Recently a Pawnee City man was charged with stealing hundreds of thousands of dollars from his elderly uncle over an eleven-month period. A Nebraska State Patrol investigation revealed that over $600,000 of assets were liquidated by the man. The investigation found that the thief sold land, cashed CD’s, and transferred money out of accounts. The uncle had reportedly issued the man a durable power of attorney.
Durable powers of attorney are good tools. Durable powers of attorney, however, present some risk when they are issued to non-bonded, non-regulated individuals. There are entities in Nebraska that have state or federal authority to act with fiduciary powers. Those entities are found within banks or are independent trust companies, and they are regulated, examined, and bonded. Those entities are run by individuals who have made fiduciary decision making their full-time job.
Before issuing a durable power of attorney to someone to control your assets, you should consider if this is your best option. Please contact the Department (402) 471-2171 if you have a question regarding any bank or trust company using trust powers.

Masquerading Web site: Helpwithmybank.com
The Office of the Comptroller of the Currency (OCC) has issued a warning that the Web site "helpwithmybank.com," is attempting to masquerade as the legitimate Web site, "helpwithmybank.gov," and contains potentially damaging malware. The illegitimate site redirects the user to the legitimate site "helpwithmybank.gov" in an attempt to convince users that they are connecting to a legitimate site. Attempts to connect to the fake Web site could expose the user to harmful malware.
Any information that you may have concerning this matter should be brought to the attention of:
Email: occalertresponses@occ.treas.gov
Mail: Office of the Comptroller of the Currency
Enforcement & Compliance Division, MS 8-10
250 E St. SW, Washington, DC 20219
Fax: (202) 874-5301

Nebraska Department of Banking and Finance Closes Mid City Bank, Inc., Omaha
On November 4, 2011, The Nebraska Department of Banking and Finance (NDBF) closed Mid City Bank, Inc., Omaha, Nebraska.
The Department named the Federal Deposit Insurance Corporation (FDIC) as receiver of the bank. The FDIC entered into a purchase and assumption agreement with Purdum State Bank, Purdum, Nebraska, which has changed its name to “Premier Bank.” The transaction included the assumption of all customer deposits. All offices of the bank reopened for business on November 5, 2011.
Interested parties may also visit the FDIC website http://www.fdic.gov/bank/individual/failed/midcity.html.
Full Press Release

Nebraska Regulator Named Head of International Securities Organization
Lincoln, Neb., September 13, 2011 – Jack E. Herstein, Assistant Director of the Nebraska Department of Banking and Finance and head of the Department’s Bureau of Securities, begins his one-year tenure today as President of the North American Securities Administrators Association (NASAA). Herstein gave his inaugural address during the annual NASAA conference, being held this year in Wichita, Kansas. NASAA is celebrating 100 years of state securities regulation in the state which enacted the first laws to protect investors. Full Press Release

Department of Banking Issues Warning about Oil and Gas Scams
The Nebraska Department of Banking and Finance is issuing a warning to Nebraska residents considering investing in oil, gas, or alternative energy programs. According to Jack Herstein, Assistant Director for the Department’s Bureau of Securities, con artists frequently rely on today’s headlines in pitching their investment schemes. With recent headlines focusing on prices at the gas pump, Herstein warned Nebraska residents to be alert to investments in traditional and alternative energy projects. Such investments are highly risky and not appropriate for smaller investors.
Full Press Release

UPDATED DELAYED DEPOSIT SERVICES INFORMATION
The Department has updated its Delayed Deposit Services Interpretative Opinions and its Frequently Asked Questions document. The Interpretative Opinions were effective May 1, 2011, and include new Interpretative Opinion No. 7, which relates to Collection Items and the types of documentation that Department examiners will be looking for in collection files.
Click here for the DDS Interpretative Opinions.
Click here for the DDS FAQs.

United States Citizenship Attestation Form
Required for Registrations & Licensing
Effective in Nebraska, October 1, 2009: All individual applicants seeking registration or licensing will be required to complete and submit the United States Citizenship Attestation Form to the Department.
Effective October 1, 2010, the Bureau of Securities has updated the process for citizenship verification. Please see the Memo and United States Citizenship Attestation Form below, for the updated process.
Click here for the Bureau of Securities citizenship form.
Click here for the Bureau of Securities October 1, 2010 MEMO updating its process of citizenship verification.
Click here for the mortgage licensing citizenship form.
Click here for all other licenses.

Interpretative Opinion No. 26: Use of Certifications and Designations in Advertising by Investment Adviser Representatives and Broker-Dealer Agents
The Nebraska Department of Banking and Finance, Bureau of Securities issues an interpretative opinion regarding the use of designations in advertising by investment adviser representatives and broker-dealer agents. The Department periodically reviews the list of designations.
Read Interpretative Opinion & Approved Designations (12-31-2011)
To receive email notification when updates are made to the list of designations, please click here.

News

Current NDBF News Releases (2010-2012)
News Release Archives (2007-2009)

Contact Us
Nebraska Department of Banking & Finance
Address:
Commerce Court, Ste. 400
1230 'O' Street
Lincoln, NE 68508-1402
Mail to:
P.O. Box 95006
Lincoln, NE 68509-5006
Phone:
Financial Institutions Division:(402)471-2171
Bureau of Securities:(402)471-3445
Consumer Hotline:(877)471-3445
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Dave Heineman
Governor of Nebraska
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