Nebraska Uniform Limited Liability Company Act
Nebraska Uniform Limited Liability Company Act. (cont.)
Nebraska Benefit Corporation Act
Credit Union Act
Nebraska Nonprofit Corporation Act
Nebraska Business Development Corporation Act
Nebraska Professional Corporation Act
Nebraska Industrial Development Corporation Act
Shareholders Protection Act
Name Protection Act
Nebraska Limited Cooperative Association Act
§ 21-201 Short title
§ 21-202 Reservation of power to amend or repeal
§ 21-203 Requirements for documents; extrinsicfacts
§ 21-204 Forms
§ 21-205 Filing, service, and copying fees
§ 21-206 Effective time and date of document
§ 21-207 Correcting filed document
§ 21-208 Filing duty of Secretary of State
§ 21-209 Appeal from Secretary of State’s refusalto file document
§ 21-210 Evidentiary effect of copy of fileddocument
§ 21-211 Certificate of existence
§ 21-212 Penalty for signing false document
§ 21-213 Powers
§ 21-214 Act definitions
§ 21-215 Notices and other communications
§ 21-216 Number of shareholders
§ 21-217 Qualified director
§ 21-218 Householding
§ 21-219 Incorporators
§ 21-220 Articles of incorporation
§ 21-221 Incorporation
§ 21-222 Liability for preincorporation transactions
§ 21-223 Organization of corporation
§ 21-224 Bylaws
§ 21-225 Emergency bylaws
§ 21-226 Purposes
§ 21-227 General powers
§ 21-228 Emergency powers
§ 21-229 Ultra vires
§ 21-230 Corporate name
§ 21-231 Reserved name
§ 21-232 Registered name
§ 21-233 Registered office and registered agent
§ 21-234 Change of registered office or registeredagent
§ 21-235 Resignation of registered agent
§ 21-236 Service on corporation
§ 21-237 Authorized shares
§ 21-238 Terms of class or series determinedby board of directors
§ 21-239 Issued and outstanding shares
§ 21-240 Fractional shares
§ 21-241 Subscription for shares before incorporation
§ 21-242 Issuance of shares
§ 21-243 Liability of shareholders
§ 21-244 Share dividends
§ 21-245 Share options and other awards
§ 21-246 Form and content of certificates
§ 21-247 Shares without certificates
§ 21-248 Restriction on transfer of sharesand other securities
§ 21-249 Expense of issue
§ 21-250 Shareholders’ preemptive rights
§ 21-251 Corporation’s acquisition of its ownshares
§ 21-252 Distributions to shareholders
§ 21-253 Annual meeting
§ 21-254 Special meeting
§ 21-255 Court-ordered meeting
§ 21-256 Action without meeting
§ 21-257 Notice of meeting
§ 21-258 Waiver of notice
§ 21-259 Record date
§ 21-260 Conduct of the meeting
§ 21-261 Remote participation in annual andspecial meetings
§ 21-262 Shareholders’ list for meeting
§ 21-263 Voting entitlement of shares
§ 21-264 Proxies
§ 21-265 Shares held by intermediaries and nominees
§ 21-266 Corporation’s acceptance of votes
§ 21-267 Quorum and voting requirements forvoting groups
§ 21-268 Action by single and multiple votinggroups
§ 21-269 Greater quorum or voting requirements
§ 21-270 Voting for directors; cumulative voting
§ 21-271 Inspectors of election
§ 21-271.01 Judicial review of corporate elections, shareholder votes, and other corporate governance disputes
§ 21-272 Voting trusts
§ 21-273 Voting agreements
§ 21-274 Shareholder agreements
§ 21-275 Subpart definitions
§ 21-276 Standing
§ 21-277 Demand
§ 21-278 Stay of proceedings
§ 21-279 Dismissal
§ 21-280 Discontinuance or settlement
§ 21-281 Payment of expenses
§ 21-282 Applicability to foreign corporations
§ 21-283 Shareholder action to appoint custodian or receiver
§ 21-284 Requirement for and functions of boardof directors
§ 21-285 Qualifications of directors
§ 21-286 Number and election of directors
§ 21-287 Election of directors by certain classesof shareholders
§ 21-288 Terms of directors generally
§ 21-289 Staggered terms for directors
§ 21-290 Resignation of directors
§ 21-291 Removal of directors by shareholders
§ 21-292 Removal of directors by judicial proceeding
§ 21-293 Vacancy on board
§ 21-294 Compensation of directors
§ 21-295 Meetings
§ 21-296 Action without meeting
§ 21-297 Notice of meeting
§ 21-298 Waiver of notice
§ 21-299 Quorum and voting
§ 21-2,100 Committees
§ 21-2,101 Submission of matters for shareholdervote
§ 21-2,102 Standards of conduct for directors
§ 21-2,103 Standards of liability for directors
§ 21-2,104 Directors’ liability for unlawfuldistributions
§ 21-2,105 Officers
§ 21-2,106 Functions of officers
§ 21-2,107 Standards of conduct for officers
§ 21-2,108 Resignation and removal of officers
§ 21-2,109 Contract rights of officers
§ 21-2,110 Subpart definitions
§ 21-2,111 Permissible indemnification
§ 21-2,112 Mandatory indemnification
§ 21-2,113 Advance for expenses
§ 21-2,114 Court-ordered indemnification and advance for expenses
§ 21-2,115 Determination and authorizationof indemnification
§ 21-2,116 Indemnification of officers
§ 21-2,117 Insurance
§ 21-2,118 Variation by corporate action; applicationof subchapter
§ 21-2,119 Exclusivity of subpart
§ 21-2,120 Subpart definitions
§ 21-2,121 Judicial action
§ 21-2,122 Directors’ action
§ 21-2,123 Shareholders’ action
§ 21-2,124 Business opportunities
§ 21-2,125 Excluded transactions
§ 21-2,126 Required approvals
§ 21-2,127 Domestication
§ 21-2,128 Action on a plan of domestication
§ 21-2,129 Articles of domestication
§ 21-2,130 Surrender of charter upon domestication
§ 21-2,131 Effect of domestication
§ 21-2,132 Abandonment of a domestication
§ 21-2,133 Nonprofit conversion
§ 21-2,134 Action on a plan of nonprofit conversion
§ 21-2,135 Articles of nonprofit conversion
§ 21-2,136 Surrender of charter upon foreignnonprofit conversion
§ 21-2,137 Effect of nonprofit conversion
§ 21-2,138 Abandonment of a nonprofit conversion
§ 21-2,139 Foreign nonprofit domesticationand conversion
§ 21-2,140 Articles of domestication and conversion
§ 21-2,141 Effect of foreign nonprofit domesticationand conversion
§ 21-2,142 Abandonment of a foreign nonprofitdomestication and conversion
§ 21-2,143 Entity conversion authorized; definitions
§ 21-2,144 Plan of entity conversion
§ 21-2,145 Action on a plan of entity conversion
§ 21-2,146 Articles of entity conversion
§ 21-2,147 Surrender of charter upon conversion
§ 21-2,148 Effect of entity conversion
§ 21-2,149 Abandonment of an entity conversion
§ 21-2,150 Authority to amend
§ 21-2,151 Amendment before issuance of shares
§ 21-2,152 Amendment by board of directorsand shareholders
§ 21-2,153 Voting on amendments by voting groups
§ 21-2,154 Amendment by board of directors
§ 21-2,155 Articles of amendment
§ 21-2,156 Restated articles of incorporation
§ 21-2,157 Amendment pursuant to reorganization
§ 21-2,158 Effect of amendment
§ 21-2,159 Amendment by board of directorsor shareholders
§ 21-2,160 Bylaw increasing quorum or votingrequirement for directors
§ 21-2,161 Definitions
§ 21-2,162 Merger
§ 21-2,163 Share exchange
§ 21-2,164 Action on a plan of merger or shareexchange
§ 21-2,165 Merger between parent and subsidiaryor between subsidiaries
§ 21-2,166 Articles of merger or share exchange
§ 21-2,167 Effect of merger or share exchange
§ 21-2,168 Abandonment of a merger or shareexchange
§ 21-2,169 Disposition of assets not requiringshareholder approval
§ 21-2,170 Shareholder approval of certaindispositions
§ 21-2,171 Definitions
§ 21-2,172 Right to appraisal
§ 21-2,173 Assertion of rights by nominees and beneficial owners
§ 21-2,174 Notice of appraisal rights
§ 21-2,175 Notice of intent to demand paymentand consequences of voting or consenting
§ 21-2,176 Appraisal notice and form
§ 21-2,177 Perfection of rights; right to withdraw
§ 21-2,178 Payment
§ 21-2,179 After-acquired shares
§ 21-2,180 Procedure if shareholder dissatisfiedwith payment or offer
§ 21-2,181 Court action
§ 21-2,182 Court costs and expenses
§ 21-2,183 Other remedies limited
§ 21-2,184 Dissolution by incorporators orinitial directors
§ 21-2,185 Dissolution by board of directorsand shareholders
§ 21-2,186 Articles of dissolution
§ 21-2,187 Revocation of dissolution
§ 21-2,188 Effect of dissolution
§ 21-2,189 Known claims against dissolved corporation
§ 21-2,190 Other claims against dissolved corporation
§ 21-2,191 Court proceedings
§ 21-2,192 Director duties
§ 21-2,193 Grounds for administrative dissolution
§ 21-2,194 Procedure for and effect of administrativedissolution
§ 21-2,195 Reinstatement following administrative dissolution
§ 21-2,196 Appeal from denial of reinstatement
§ 21-2,197 Grounds for judicial dissolution
§ 21-2,198 Procedure for judicial dissolution
§ 21-2,199 Receivership or custodianship
§ 21-2,200 Decree of dissolution
§ 21-2,201 Election to purchase in lieu of dissolution
§ 21-2,202 Deposit with State Treasurer
§ 21-2,203 Authority to transact business required
§ 21-2,204 Consequences of transacting businesswithout authority
§ 21-2,205 Application for certificate of authority
§ 21-2,206 Amended certificate of authority
§ 21-2,207 Effect of certificate of authority
§ 21-2,208 Corporate name of foreign corporation
§ 21-2,209 Registered office and registeredagent of foreign corporation
§ 21-2,210 Change of registered office or registeredagent of foreign corporation
§ 21-2,211 Resignation of registered agentof foreign corporation
§ 21-2,212 Service on foreign corporation
§ 21-2,213 Withdrawal of foreign corporation
§ 21-2,214 Automatic withdrawal upon certainconversions
§ 21-2,215 Withdrawal upon conversion to anonfiling entity
§ 21-2,216 Transfer of authority
§ 21-2,217 Grounds for revocation
§ 21-2,218 Procedure for and effect of revocation
§ 21-2,219 Foreign corporation; reinstatement
§ 21-2,220 Appeal from revocation
§ 21-2,220.01 Foreign corporation; domestication; procedure
§ 21-2,220.02 Foreign corporation; cessation of domestication
§ 21-2,220.03 Foreign corporation; surrender of foreign charter; effect
§ 21-2,220.04 Foreign corporation; domesticated under prior law; status
§ 21-2,221 Corporate records
§ 21-2,222 Inspection of records by shareholders
§ 21-2,223 Scope of inspection right
§ 21-2,224 Court-ordered inspection
§ 21-2,225 Inspection of records by directors
§ 21-2,226 Exception to notice requirements
§ 21-2,227 Financial statements for shareholders
§ 21-2,228 Biennial report for Secretary ofState
§ 21-2,229 Notice of incorporation, amendment,merger, or share exchange; notice of dissolution
§ 21-2,230 Application to existing domestic corporations
§ 21-2,231 Application to qualified foreign corporations
§ 21-2,232 Saving provisions
§ 21-301 Domestic corporations; biennial reportand occupation tax; procedure
§ 21-302 Domestic corporations; biennial report;contents
§ 21-303 Corporations; occupation tax; amount; stock without par value, determination of amount
§ 21-304 Foreign corporations; biennial reportand occupation tax; procedure
§ 21-305 Foreign corporations; biennial report;contents
§ 21-306 Foreign corporations; occupation tax;investigation by Secretary of State for collection purposes
§ 21-311 Occupation taxes; disposition;monthly report of Secretary of State
§ 21-312 Occupation taxes; lien; notice;lien subject to prior liens
§ 21-313 Domestic corporation; foreign corporation;failure to file report or pay occupation tax; effect
§ 21-314 Occupation taxes; how collected;credited to General Fund
§ 21-315 Occupation taxes; collection;venue of action
§ 21-318 List of corporations; duty of Secretaryof State
§ 21-319 Investigation by Secretary of Statefor collection purposes; duty of county clerk
§ 21-321 Reports and fees; exemptions
§ 21-322 Dissolution; certificate required; filing; fees
§ 21-323 Domestic corporations; reports andtaxes; notice; failure to pay; administrative dissolution;lien; priority
§ 21-323.01 Domestic corporation administratively dissolved; reinstatement; application; procedure; payment required
§ 21-323.02 Domestic corporation administratively dissolved; denial of reinstatement;appeal
§ 21-325 Foreign corporations; reports andtaxes; notice; failure to pay; authorityto transact business revoked; lien; priority
§ 21-325.01 Foreign corporation authority to transact business revoked; reinstatement; procedure
§ 21-325.02 Foreign corporation authority to transact business; reinstatementdenied; appeal
§ 21-328 Occupation tax; refund; procedure;appeal
§ 21-329 Paid-up capital stock, defined
§ 21-330 Corporations; excess payment; refund
§ 21-608 Societies declared to be corporations; status of subordinate organizations
§ 21-609 Societies declared to be corporations; power to acquire and hold property; charter, constitution; filing of copy required
§ 21-610 Societies declaredto be corporations; power to act as administrator, executor, guardian, ortrustee
§ 21-611 Corporate acts; how attested
§ 21-612 Subordinate organizations; operation of orphanages and other homes; incorporation; acquisition of property; use and investment of funds; power to borrow
§ 21-613 Grand organizations; operation of orphanages and other homes; acquisition of property; use and investment of funds
§ 21-614 Orphanages and other homes; books, inspection by Auditor of Public Accounts; diversion of property and funds; powers of Attorney General
§ 21-615 Orphanages and other homes; establishment; certified copy of charter to be filed
§ 21-616 Orphanages and other homes; establishment under other laws
§ 21-617 Society names and emblems; registration
§ 21-618 Society names and emblems; registration; procedure; effect
§ 21-619 Society names and emblems; registration; record
§ 21-620 Society names and emblems; similarity; registration not granted, when
§ 21-621 Society names and emblems; registration; certificate to issue
§ 21-622 Society emblems; unlawful use; penalty
§ 21-623 Society names and emblems; registration; fees
§ 21-624 Society names and emblems; registration; organizations not affected
§ 21-1101 Legislative grant of charter; reservation of power to change
§ 21-1301 Cooperative corporation; formation;general purposes and powers; exceptions; action by cooperative corporation;vote required
§ 21-1302 Cooperative corporation; articles of incorporation; contents
§ 21-1303 Cooperative corporation; additional powers; stockholder vote; conditions; adoption of articles and bylaws
§ 21-1304 Cooperative corporation; contracts with members; provisions; damages for breach
§ 21-1305 Cooperative corporation; fees, filings, and reports
§ 21-1306 Cooperative; use of word restricted; penalty for violation
§ 21-1333 Cooperative farm land company; incorporation; purposes; general powers
§ 21-1334 Cooperative farm land company; articles of incorporation; contents; new members
§ 21-1335 Cooperative farm land company; corporate powers
§ 21-1336 Cooperative farm land company; annual report; contents; fee
§ 21-1337 Cooperative farm land company; certificate of compliance; occupation tax laws inapplicable
§ 21-1338 Cooperative farm land company; fees; disposition
§ 21-1339 Cooperative farm land company; investment in purchase-money mortgages by insurance companies, authorized
§ 21-1401 Terms, defined; act, how cited
§ 21-1402 Formation; purposes
§ 21-1403 Articles of incorporation; contents
§ 21-1404 Articles of incorporation; filing; certified copy as evidence; fees
§ 21-1405 Powers
§ 21-1406 Members; eligibility; suspension or withdrawal; voting; liability for corporate debts; certificate of membership
§ 21-1407 Bylaws
§ 21-1408 Directors; duties and powers; annual and special meetings; notice
§ 21-1410 Marketing contracts; breach; rights of association
§ 21-1411 Federation of associations; acquisition of stock or membership; agreements
§ 21-1412 Cooperative; use of term restricted
§ 21-1414 Application of general corporation laws
§ 21-2701 Terms, defined
§ 21-2702 Foreign trade zones; establishment, operation, and maintenance
§ 21-2703 Foreign trade zones; select and describe locations
§ 21-2801 Religious association; ceases to exist; vesting of property
§ 21-2802 Religious association; vesting of property; application; notice; transfer of property
§ 21-2803 Religious association; affiliated with other association; withdrawal; use of name

Terms Used In Nebraska Statutes > Chapter 21

  • Absconding supervision: means a probationer has purposely avoided supervision for a period of at least two weeks and reasonable efforts by probation officers and staff to locate the probationer in person have proven unsuccessful. See Nebraska Statutes 29-2266
  • Abuse: means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult. See Nebraska Statutes 28-351
  • Acquiring person: shall mean a person who makes or proposes to make a control-share acquisition. See Nebraska Statutes 21-2434
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative sanction: means an additional probation requirement imposed upon a probationer by his or her probation officer, with the full knowledge and consent of the probationer, designed to hold the probationer accountable for violations of conditions of probation, including, but not limited to:

    (a) Counseling or reprimand by his or her probation officer. See Nebraska Statutes 29-2266

  • Adult protective services: means those services provided by the department for the prevention, correction, or discontinuance of abuse, neglect, or exploitation. See Nebraska Statutes 28-352
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affiliate: shall mean a person who directly or indirectly controls, is controlled by, or is under common control with another person. See Nebraska Statutes 21-2435
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bequest: Property gifted by will.
  • Capital: shall mean share accounts, membership shares, reserve accounts, and undivided earnings. See Nebraska Statutes 21-1703
  • Caregiver: shall mean any person or entity which has assumed the responsibility for the care of a vulnerable adult voluntarily, by express or implied contract, or by order of a court of competent jurisdiction. See Nebraska Statutes 28-353
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Chambers: A judge's office.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Constituent limited cooperative association: means a limited cooperative association that is a party to a merger or consolidation. See Nebraska Statutes 21-29,117
  • Constituent limited cooperative association means a limited cooperative association that: is a party to a merger or consolidation. See Nebraska Statutes 21-29,117
  • Constituent organization: means an organization, other than a limited cooperative association, that is a party to a merger or consolidation. See Nebraska Statutes 21-29,117
  • Control-share acquisition: shall mean an acquisition, directly or indirectly, by an acquiring person of ownership of voting stock of an issuing public corporation that, except for the Shareholders Protection Act, would, when added to all other shares of the issuing public corporation owned by the acquiring person, entitle the acquiring person, immediately after the acquisition, to exercise or direct the exercise of a new range of voting power within any of the following ranges of voting power: (1) At least twenty percent but less than thirty-three and one-third percent. See Nebraska Statutes 21-2439
  • Corporate central credit union: shall mean a credit union the members of which consist primarily of other credit unions. See Nebraska Statutes 21-1704
  • Credit union: shall mean a cooperative, nonprofit corporation organized under the Credit Union Act for purposes of educating and encouraging its members in the concept of thrift, creating a source of credit for provident and productive purposes, and carrying on such collateral activities as are set forth in the act. See Nebraska Statutes 21-1705
  • Custodial sanction: means an additional probation requirement imposed upon a probationer designed to hold the probationer accountable for a violation of a condition of probation. See Nebraska Statutes 29-2266
  • Decedent: A deceased person.
  • Department: shall mean the Department of Banking and Finance. See Nebraska Statutes 21-1706
  • Department: shall mean the Department of Health and Human Services. See Nebraska Statutes 28-356
  • Director: shall mean the Director of Banking and Finance. See Nebraska Statutes 21-1707
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: shall mean a person who works full-time or part-time for and is compensated by a credit union. See Nebraska Statutes 21-1708
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Executor: A male person named in a will to carry out the decedent
  • Exploitation: means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult. See Nebraska Statutes 28-358
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Financial institution: shall mean 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. See Nebraska Statutes 21-1708.01
  • Fixed asset: shall mean assets as prescribed in generally accepted accounting principles. See Nebraska Statutes 21-1709
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Immediate family shall: include any person related to a member by blood or marriage, including foster and adopted children. See Nebraska Statutes 21-1710
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: shall mean a natural person. See Nebraska Statutes 21-1711
  • Insolvent: shall mean a condition in which (1) the actual cash market value of the assets of a credit union is insufficient to pay its liabilities to its members, (2) a credit union is unable to meet the demands of its creditors in the usual and customary manner, (3) a credit union, after demand in writing by the director, fails to make good any deficiency in its reserves as required by law, or (4) a credit union, after written demand by the director, fails to make good an impairment of its capital or surplus. See Nebraska Statutes 21-1712
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interested shareholder: shall mean any person, other than the issuing public corporation or any subsidiary of the issuing public corporation, who is (1) the owner, directly or indirectly, of ten percent or more of the outstanding voting stock of such corporation or (2) an affiliate or associate of such corporation and at any time within the five-year period immediately prior to the date in question was the owner, directly or indirectly, of ten percent or more of the then outstanding voting stock of such corporation. See Nebraska Statutes 21-2440
  • Interested shares: shall mean the voting stock of an issuing public corporation owned by an acquiring person. See Nebraska Statutes 21-2441
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Juror: A person who is on the jury.
  • Law enforcement agency: shall mean the police department or the town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol. See Nebraska Statutes 28-359
  • Line of credit: shall mean a loan in which amounts are advanced to the borrower upon his or her request from time to time, pursuant to a preexisting contract and conditional or unconditional credit approval, and in which principal amounts repaid automatically replenish the funds available under the contract. See Nebraska Statutes 21-1713
  • Loan: shall mean any extension of credit pursuant to a contract. See Nebraska Statutes 21-1714
  • Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Magistrate shall: include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Membership officer: shall mean any member appointed by the board of directors of a credit union whose primary function is to act on applications for membership under the conditions the board and bylaws have prescribed. See Nebraska Statutes 21-1715
  • Membership shares: shall mean a balance held by a credit union and established by a member in accordance with standards specified by the credit union. See Nebraska Statutes 21-1716
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Neglect: means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death. See Nebraska Statutes 28-361.01
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Official: shall mean a member of the board of directors of a credit union, an officer of a credit union, a member of the credit committee of a credit union, if any, or a member of the supervisory committee of a credit union. See Nebraska Statutes 21-1717
  • Organization: shall mean any corporation, association, limited liability company, partnership, society, firm, syndicate, trust, or other legal entity. See Nebraska Statutes 21-1718
  • Organization: means a limited cooperative association, limited cooperative association governed by a law other than the Nebraska Limited Cooperative Association Act, a general partnership, a limited liability partnership, a limited partnership, a limited liability company, a business trust, a corporation, a cooperative, or any other person having a governing statute. See Nebraska Statutes 21-29,117
  • Person: shall mean an individual, partnership, limited liability company, corporation, association, cooperative organization, or any other legal entity treated as a person under the laws of this state. See Nebraska Statutes 21-1719
  • Person: shall mean any individual, corporation, partnership, limited liability company, unincorporated association, or other entity. See Nebraska Statutes 21-2444
  • Personal liability: means personal liability for a debt, liability, or other obligation of an organization which is imposed on a person that co-owns, has an interest in, or is a member of the organization:

    (a) By the organization's governing statute solely by reason of co-owning, having an interest in, or being a member of the organization. See Nebraska Statutes 21-29,117

  • Physical injury: shall mean damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and shall include, but not be limited to, physical pain, illness, or impairment of physical function. See Nebraska Statutes 28-363
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Registry: shall mean the Adult Protective Services Central Registry established by section 28-376 . See Nebraska Statutes 28-365
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reserves: shall mean an allocation of retained income and shall include regular and special reserves, except for any allowance for loan or investment losses. See Nebraska Statutes 21-1720
  • Reserves shall mean an allocation of retained income and shall: include regular and special reserves, except for any allowance for loan or investment losses. See Nebraska Statutes 21-1720
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Risk assets: shall mean all assets except the following:

    (1) Cash on hand. See Nebraska Statutes 21-1721

  • Senior adult: means any person sixty-five years of age or older. See Nebraska Statutes 28-366.01
  • Share account: shall mean a balance held by a credit union and established by a member in accordance with standards specified by the credit union, including balances designated as shares, share certificates, share draft accounts, or other names. See Nebraska Statutes 21-1722
  • Substance abuse violation: means a probationer's activities or behaviors associated with the use of chemical substances or related treatment services resulting in a violation of an original condition of probation, including:

    (a) Positive breath test for the consumption of alcohol if the offender is required to refrain from alcohol consumption. See Nebraska Statutes 29-2266

  • Substantial functional impairment: shall mean a substantial incapability, because of physical limitations, of living independently or providing self-care as determined through observation, diagnosis, investigation, or evaluation. See Nebraska Statutes 28-368
  • Substantial mental impairment: shall mean a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, investigation, or evaluation. See Nebraska Statutes 28-369
  • Surviving organization: means an organization into which one or more other organizations are merged or consolidated. See Nebraska Statutes 21-29,117
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Voting stock: shall mean stock of any class or series entitled to vote generally in the election of directors. See Nebraska Statutes 21-2447
  • Vulnerable adult: means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code. See Nebraska Statutes 28-371