002.01 Agent
"Agent" means a national bank, state bank, trust company, or
broker/dealer that maintains an account in its name in a clearing corporation
or that is a member of the Federal Reserve Systems and through which a
custodian participates in a clearing corporation, including the
Treasury/Reserve Automated Debit Entry Securities Systems (TRADES) or Treasury
Direct systems, except that with respect to securities issued by institutions
organized or existing under the laws of a foreign country or securities used to
meet the deposit requirements pursuant to the laws of a foreign country as a
condition of doing business therein, "agent" may include a corporation that is
organized or existing under the laws of a foreign country and that is legally
qualified under those laws to accept custody of securities.
002.02 Clearing corporation
"Clearing corporation" means a corporation as defined in
subdivision
8-102(a)
(5) of the Uniform Commercial Code that is
organized for the purpose of effecting transactions in securities by
computerized book-entry, except that with respect to securities issued by
institutions organized or existing under the laws of a foreign country or
securities used to meet deposit requirements pursuant to the laws of a foreign
country as a condition of doing business therein, "clearing corporation" may
include a corporation that is organized or existing under the laws of a foreign
country and which is legally qualified under those laws to effect transactions
in securities by computerized book-entry. Clearing corporation also includes
"Treasury/Reserve Automated Debt Entry Securities System" and "Treasury Direct"
book-entry securities systems established pursuant to 31 U.S.C. § 3100et
seq., 12 U.S.C. pt. 391 and 5 U.S.C. pt. 301.
002.03 Custodian
"Custodian" means:
002.03(a) A national bank, state bank or
trust company that shall at all times during which it acts as a custodian
pursuant to the Insurers Investment Act be no less than adequately capitalized
as determined by the standards adopted by United States banking regulators and
that is regulated by either state banking laws or is a member of the Federal
Reserve System and that is legally qualified to accept custody of securities in
accordance with the standards set forth below, except that with respect to
securities issued by institutions organized or existing under the laws of a
foreign country, or securities used to meet the deposit requirements pursuant
to the laws of a foreign country as a condition of doing business therein,
"custodian" may include a bank or trust company incorporated and organized
under the laws of a country other than the United States that is regulated as
such by that country's government or an agency thereof that shall at all times
during which it acts as a custodian pursuant to this regulation be no less than
adequately capitalized as determined by the standards adopted by international
banking authorities and that is legally qualified to accept custody of
securities; or
002.03(b) A
broker/dealer that shall be registered with and subject to jurisdiction of the
Securities and Exchange Commission, maintains membership in the Securities
Investor Protection Corporation, and has a tangible net worth equal to or
greater than two hundred fifty million dollars ($250,000,000).
002.04 Custodied securities
"Custodied securities" means securities held by the custodian
or its agent or in a clearing corporation, including the Treasury/Reserve
Automated Debt Equity Securities System (TRADES) or Treasury Direct
systems.
002.05 Securities'
certificate
"Securities' certificate" has the same meaning as that
defined in Section
8-102(a)
(16) of the Uniform Commercial
Code.
002.06 Security
"Security" has the same meaning as that defined in Section
8-102(a)
(15) of the Uniform Commercial
Code.
002.07 Tangible net
worth
"Tangible net worth" means shareholders equity, less
intangible assets, as reported in the broker/dealer's most recent Annual or
Transition Report pursuant to Section 13 or 15(d) of the Securities Exchange
Act of 1934 (S.E.C. Form 10-K) filed with the Securities and Exchange
Commission.
002.08
Treasury/Reserve Automated Debt Entry Securities System ("
TRADES") and
"
Treasury Direct"
"Treasury/Reserve Automated Debt Entry Securities System
("TRADES") and "Treasury Direct" mean the book-entry securities systems
established pursuant to 31 U.S.C. § 3100et seq., 12 U.S.C. pt. 391 and 5
U.S.C. pt 301. The operation of TRADES and Treasury Direct are subject to 31
C.F.R. pt. 357 et seq.
002.09 The remaining definitions of Neb. Rev.
Stat. §
44-5103
apply for purposes of this chapter.
