8-3019. Application for charter or authority to operate; decision; criteria and requirements; approval; how effected.
(1) Within ninety days after receipt of the transcript of the public hearing, the director shall render a decision on the application based on the following criteria and requirements:
(a) Whether the character, reputation, criminal record, financial standing, and ability of the shareholders owning ten percent or more equity in the applicant are sufficient to afford reasonable promise of a successful operation;
(b) That the digital asset depository will be operated by officers of integrity and responsibility;
(c) Whether the character, financial responsibility, criminal background, and banking or other financial experience and business qualifications of those proposed as officers and directors are sufficient to afford reasonable promise of a successful operation;
(d) The adequacy and plausibility of the business plan of the digital asset depository institution, including the ongoing customer expectations of the digital asset depository institution as determined by the director;
(e) Compliance by the digital asset depository institution with the capital and surplus requirements of section 8-3013;
(f) Whether the digital asset depository institution is being formed for no other purpose than legitimate objectives authorized by law;
(g) That the name of the proposed digital asset depository institution includes the words "digital asset bank" so that it does not resemble the name of any other financial institution transacting business in the state so as to cause confusion;
(h) That the digital asset depository will be operated in a safe and sound manner to benefit its customers;
(i) That the digital asset depository shall help meet the digital financial needs of the communities in which it operates, consistent with safe and sound operations, and shall maintain and update a public file and on any Internet website it maintains containing specific information about its efforts to meet community needs, including:
(i) The collection and reporting of data;
(ii) Its policies and procedures for accepting and responding to consumer complaints; and
(iii) Its efforts to assist with financial literacy or personal finance programs to increase knowledge and skills of Nebraska students in areas such as budgeting, credit, checking and savings accounts, loans, stocks, and insurance;
(j) Whether the applicants have complied with all provisions of state law and are eligible to apply for membership in the federal reserve system; and
(k) Any other considerations in addition to statutory requirements submitted by the applicant pursuant to operational order, rules and regulations, or request of the department.
(2) The director shall approve an application upon making favorable findings on the criteria set forth in subsection (1) of this section. If necessary, the director may either conditionally approve an application by specifying conditions relating to the criteria or may disapprove the application. The director shall state findings of fact and conclusions of law as part of such decision.
(3) If the director approves the application, the director shall issue an order.
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