Nebraska Statutes 8-2735. Licensee; notice to director; when; report; contents; breach of the security of the system; notification
(1) A licensee shall file notice with the director within thirty calendar days after any material change in information provided in a licensee’s application as prescribed by the director.
Terms Used In Nebraska Statutes 8-2735
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Authorized delegate: means an entity designated by the licensee or an exempt entity under the Nebraska Money Transmitters Act to engage in the business of money transmission on behalf of the licensee or exempt entity. See Nebraska Statutes 8-2704
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Controlling person: means any person in control of a licensee. See Nebraska Statutes 8-2707
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Banking and Finance. See Nebraska Statutes 8-2708
- Director: means the Director of Banking and Finance. See Nebraska Statutes 8-2709
- Executive officer: means the president, chairperson of the executive committee, senior officer responsible for business decisions, chief financial officer, and any other person who performs similar functions for a licensee. See Nebraska Statutes 8-2711
- Licensee: means a person licensed pursuant to the Nebraska Money Transmitters Act. See Nebraska Statutes 8-2713
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
(2) A licensee shall file a report with the director within five business days after the licensee has reason to know of the occurrence of any of the following events:
(a) The filing of a petition by or against the licensee under any bankruptcy law of the United States for liquidation or reorganization;
(b) The filing of a petition by or against the licensee for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or the making of a general assignment for the benefit of its creditors;
(c) The filing of an action to revoke or suspend the licensee’s license in a state or country in which the licensee engages in business or is licensed;
(d) The cancellation or other impairment of the licensee’s bond or other security;
(e) A charge or conviction of the licensee or of an executive officer, manager, or director of, or controlling person of, the licensee, for a felony; or
(f) A charge or conviction of an authorized delegate for a felony.
(3)(a) Except as provided in subdivisions (b) and (c) of this subsection, a licensee shall notify the director in writing or through the Nationwide Mortgage Licensing System and Registry within three business days from the time that the licensee becomes aware of any breach of security of the system of computerized data owned or licensed by the licensee, which contains personal information about a Nebraska resident, or the unauthorized access to or use of such information about a Nebraska resident as a result of the breach.
(b) If a licensee would be required under Nebraska law to provide notification to a Nebraska resident regarding such incident, then the licensee shall provide a copy of such notification to the department prior to or simultaneously with the licensee’s notification to the Nebraska resident.
(c) Notice required by this subsection may be delayed if a law enforcement agency determines that the notice will impede a criminal investigation. Notice shall be made in good faith, without unreasonable delay, and as soon as possible after the law enforcement agency determines that notification will no longer impede the investigation.
(d) For purposes of this subsection, the terms breach of the security of the system and personal information have the same meaning as in section 87-802.