8-331 Articles of incorporation; bylaws; filing; certificate of approval; application; contents; approval by Department of Banking and Finance. - Nebraska Statutes

8-331. Articles of incorporation; bylaws; filing; certificate of approval; application; contents; approval by Department of Banking and Finance.Every association shall adopt articles of incorporation and bylaws. A copy of the articles of incorporation and bylaws of every such association shall be filed in the office of the Department of Banking and Finance, together with an application for a certificate of approval and payment of the examination fee prescribed by section 8-602. The application shall furnish and set forth facts and information desired by the Department of Banking and Finance. The department, upon completion of its investigations and its examination of the articles, bylaws, and application for certificate of approval, shall issue a certificate of approval of the association and articles of incorporation and bylaws, but no such certificate of approval shall be issued unless and until the department has determined:(1) That the articles of incorporation and bylaws conform to the requirements of sections 8-301 to 8-384 and contain a just and equitable plan for the management of the association's business;(2) That the persons organizing the association are of good character and responsibility;(3) That in its judgment a need exists for such an institution in the community to be served;(4) That there is a reasonable probability of its usefulness and success; and(5) That the same can be established without undue injury to properly conducted existing local building and loan associations.No such association shall transact any business, except the execution of its articles of incorporation, the adoption of bylaws, and the election of directors and officers, until it has procured a certificate of approval under this section. No amendment of the articles of incorporation or bylaws of any such association shall become operative until a copy of the amendment has been filed and a certificate of approval obtained under this section in regard to the original articles of incorporation and bylaws. SourceLaws 1899, c. 17, § 15, p. 92; R.S.1913, § 500; Laws 1919, c. 190, tit. V, art. XIX, § 16, p. 730; C.S.1922, § 8098; C.S.1929, § 8-136; R.S.1943, § 8-331; Laws 1949, c. 11, § 1, p. 72; Laws 1957, c. 10, § 3, p. 130; Laws 1978, LB 717, § 5; Laws 2000, LB 932, § 10; Laws 2005, LB 533, § 18.AnnotationsRequirements hereof apply to application for branch office. First Fed. Sav. & Loan Assn. v. Department of Banking, 187 Neb. 562, 192 N.W.2d 736 (1971).