8-108. Director; bank, financial institution, holding company, or bank subsidiary; examination; powers; procedure; charge.
377 words·~2 min read·
/ne/chapter-8/8-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) The director, the director's deputy, or any duly appointed examiner has the authority to make a thorough examination into all the books, papers, and affairs of any bank or other financial institution chartered by the department or a holding company or bank subsidiary of such bank or financial institution, if any, and in so doing to administer oaths and affirmations, to examine on oath or affirmation the officers, agents, and clerks of such bank, financial institution, holding company, or bank subsidiary touching the matter which they may be authorized and directed to inquire into and examine, and to subpoena the attendance of any person or persons in this state to testify under oath or affirmation in relation to the affairs of such bank, financial institution, holding company, or bank subsidiary. The director, deputy, or examiner has the authority to examine and monitor by electronic means the books, papers, and affairs of any such bank, financial institution, holding company, or bank subsidiary. The director may provide any examination or report to the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Comptroller of the Currency, the Consumer Financial Protection Bureau, or a foreign state agency.
(b)The director may accept any examination or report from a foreign state agency and may accept any examination or report from the Federal Deposit Insurance Corporation, the Federal Reserve Board, the Comptroller of the Currency, or the Consumer Financial Protection Bureau in lieu of an examination or report required under the Nebraska Banking Act. Any such examination or report accepted by the director remains the property and confidential record of the foreign state agency or federal agency which provided the examination or report to the director. A request or subpoena for any such examination or report shall be directed to the foreign state agency or federal agency which provided the examination or report to the director.
(2)The department has the authority to examine the books, papers, and affairs of any electronic data processing center which has contracted with a bank or financial institution to conduct the bank's or financial institution's electronic data processing business. The department may charge the electronic data processing center for the time spent by the department in such examination at a rate set by the director.