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Nebraska Digital Asset Depository Regime
Nebraska’s Financial Innovation Act creates a state digital asset depository charter regime for custody, stablecoin issuance, payment activity, AML controls, disclosures, and supervision.
At a glance
Bill details
- Bill number
- LB 649
- Session
- 107th Legislature, 1st Regular
- Chamber
- Unicameral
- Legislative stage
- Enacted
Action
- Last action
- LB717 amendments to the digital asset depository framework became operative on Feb. 26, 2026.
- Last action date
- Feb 26, 2026
Sponsor
- Primary sponsor
- Sen. Mike Flood
- Sponsor party
- Nonpartisan
Source
- Source provider
- State legislature
- Source ID
- NE LB649; Neb. Rev. Stat. 8-3001-3031
- State legislature
- Official bill page
Overview
Nebraska’s Digital Asset Depository Regime is a state-level United States banking framework created by the Nebraska Financial Innovation Act, codified at Neb. Rev. Stat. §§ 8-3001 to 8-3031. The Act created a charter pathway for digital asset depository institutions and digital asset depository departments of existing financial institutions. Nebraska’s Department of Banking and Finance states that the law became effective on October 1, 2021 and that the Department administers and enforces the Act.
As of June 5, 2026, the regime is in force and has been amended several times, including LB 92 in 2023, LB 251 and LB 474 in 2025, and LB 717 in 2026. Nebraska’s governor’s office also announced on November 12, 2025 that the state issued a digital asset depository institution charter to Telcoin Digital Asset Bank.
What the Nebraska digital asset depository regime covers
The Act defines a digital asset depository around financial institutions that securely hold liquid assets when those assets are controllable electronic records. The framework covers both a separately chartered digital asset depository institution and a financial institution that receives authority to operate a digital asset depository department.
The director of the Nebraska Department of Banking and Finance has power to issue charters and general supervision and control over digital asset depositories. A depository may carry on nonlending digital asset banking business, provide payment services at a customer’s request, and apply to become a Federal Reserve member bank.
Chartering, offices, and operating limits
- Charter pathway: A corporation generally must obtain authority or a charter from the director before acting as a digital asset depository.
- Nebraska presence: The Act requires the main office and chief executive officer’s primary office to be in Nebraska, while allowing business with customers outside the state as authorized.
- Nonlending model: A digital asset depository institution may not accept demand deposits of U.S. currency accessible by check or similar means and generally may not make fiat consumer, mortgage, or commercial loans.
- CEFI and DeFi interaction: The statute allows facilitation of digital asset business services resulting from customer interaction with centralized finance or decentralized finance platforms, including exchange, staking, and controllable electronic record lending or borrowing.
Custody, stablecoins, customer protections, and AML controls
The Act requires customer criteria tied to anti-money laundering, customer identification, and beneficial ownership evidence. It also requires account disclosures in understandable language, including fee schedules, service terms, fork support, material risks, private key treatment, and other digital asset account information.
For stablecoins, the statute requires a digital asset depository to maintain unencumbered U.S. dollar-denominated liquid assets valued at not less than 100% of the stablecoins issued and outstanding. The authorized digital asset business activities include custody services, stablecoin issuance with reserve deposits at a qualifying FDIC-insured Nebraska-main-office financial institution, and use of independent node verification networks and stablecoins for payment activities.
Supervision, examination, and enforcement
The director may call for verified reports and the Department may examine a digital asset depository to determine its condition, resources, management, safety and prudence, and compliance with the Act. The statute also authorizes assessments, examination costs, required insurance or bonds, charter suspension, officer or director removal, rulemaking, and orders needed to administer the Act.
Status and timeline
| Date | Event | Status |
|---|---|---|
| January 20, 2021 | LB 649 was introduced in the Nebraska Legislature. | Introduced |
| May 20, 2021 | LB 649 passed final reading. | Passed |
| May 25, 2021 | LB 649 was approved by the governor, according to bill-history records. | Adopted |
| October 1, 2021 | The Nebraska Financial Innovation Act became effective. | In force |
| June 7, 2023 | LB 92 cleanup amendments became effective. | Effective |
| February 26, 2026 | LB 717 amendments to the digital asset depository framework became operative. | Effective |
Editors should classify the regime as an in-force Nebraska state banking and digital asset depository framework, with ongoing Department guidance, rulemaking, supervision, and charter activity to monitor.
Key provisions
Nebraska Financial Innovation Act scope
Creates a statutory digital asset depository framework under Neb. Rev. Stat. §§ 8-3001 to 8-3031.
Director charter authority
Authorizes the Director of Banking and Finance to issue charters and supervise digital asset depositories.
DADI and department pathways
Recognizes separately chartered digital asset depository institutions and digital asset depository departments of financial institutions.
Nonlending operating model
Limits demand-deposit and fiat lending activity while allowing nonlending digital asset banking and payment services.
Customer AML and beneficial ownership checks
Requires customer evidence sufficient for AML, customer-identification, beneficial-ownership, and lawful-business criteria.
Customer disclosures and uninsured notices
Requires account terms, fees, risks, fork treatment, private-key information, and notices that digital assets are not FDIC insured.
Stablecoin reserve requirement
Requires unencumbered U.S. dollar-denominated liquid assets worth at least 100% of issued and outstanding stablecoins.
Custody, stablecoin, and payment activities
Authorizes custody services, stablecoin issuance with reserve deposits, and use of node networks and stablecoins for payments.
Reports, exams, and enforcement powers
Allows reports, examinations, assessments, insurance or bond requirements, orders, officer removal, and charter suspension.
Timeline
LB 649 introduced
Nebraska Financial Innovation Act bill introduced by Sen. Mike Flood.
Final reading passed
LB 649 passed final reading in the Nebraska Legislature.
Governor approval
LB 649 was approved by the governor, according to bill-history records.
NFIA effective
Nebraska Department of Banking and Finance states the Act became effective.
LB 92 cleanup effective
Department page states cleanup amendments adopted by LB 92 became effective.
LB 251 amendments effective
2025 amendments reflected in the NDBF statutory compilation became effective.
LB 474 provisions operative
LB 474 provisions in the NDBF statutory compilation became operative.
First DADI charter announced
Governor’s office announced a charter for Telcoin Digital Asset Bank.
LB 717 operative
Current statute search result lists LB 717 amendments with a Feb. 26, 2026 operative date.
Who it affects
Actors
Governor of Nebraska, Nebraska Department of Banking and Finance, Nebraska Director of Banking and Finance, Nebraska Legislature
Asset classes
Controllable electronic records, Cryptocurrency, Digital assets, Stablecoins
Official sources
Editorial note
State-level Nebraska banking framework within the United States. Treat as a digital asset depository charter and supervision regime, not a general consumer crypto exchange license or money transmission law.