§ 25-227 — Action to enforce obligation to pay certificate of deposit; when

Nebraska § 25-227

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(1) For purposes of this section:
(a) Account agreement means one or more written instruments that establish when a certificate of deposit is payable;
(b) Certificate of deposit means a deposit or share account at a depository institution that:
(i) Is payable by the depository institution at the expiration of a specified time; and
(ii) May be transferable or nontransferable, negotiable or nonnegotiable, and renewable or nonrenewable;
(c) Depository institution means a state-chartered or federally chartered financial institution located in this state that is authorized to maintain certificates of deposit; and
(d) Maturity date means the time specified in an account agreement when a certificate of deposit is first payable, without taking into account any agreement regarding renewals.
(2) Subject to subsection (3) of this section, an action to enforce the obligation of a depository institution to pay all or part of the balance of a certificate of deposit shall be commenced by the earlier of:
(a) The time that an action to enforce an obligation under subsection (e) of section 3-118 , Uniform Commercial Code, must be commenced if the certificate of deposit is subject to such section; or
(b) Seven years after the later of:
(i) The maturity date of the certificate of deposit;
(ii) The due date of the certificate of deposit indicated in the depository institution's last written notice of renewal of the certificate of deposit, if any;
(iii) The date of the last written communication from the depository institution recognizing the depository institution's obligation with respect to the certificate of deposit; or
(iv) The last day of the taxable year for which a person identified in the certificate of deposit last reported interest income earned on the certificate of deposit on a federal or state income tax return.
(3) Notwithstanding subsection (2) of this section, an action to enforce the obligation of a depository institution to pay all or part of the balance of an automatically renewing certificate of deposit in existence on July 1, 2008, shall be commenced by the later of:
(a) Seven years after the later of:
(i) The maturity date of the certificate of deposit;
(ii) The due date of the certificate of deposit indicated in the depository institution's last written notice of renewal of the certificate of deposit, if any;
(iii) The date of the last written communication from the depository institution recognizing the depository institution's obligation to pay the certificate of deposit; or
(iv) The last day of the taxable year for which a person identified in the certificate of deposit last reported interest income earned on the certificate of deposit on a federal or state income tax return; or
(b) One year after July 1, 2008.
(4) This section applies to all certificates of deposit that are in existence on or after July 1, 2008.

Legislative History

Source: Laws 2008, LB151, § 1. Annotations: An action commenced on November 30, 2009, was time barred by this section, because it was past the 7 years after the maturity date of the certificate of deposit and more than a year since July 1, 2008. Swift v. Norwest Bank-Omaha West, 285 Neb. 619, 828 N.W.2d 755 (2013). The maturity date of a certificate of deposit was 9 months after the date issued, and the maturity date did not extend for 9 additional months every time the certificate of deposit automatically renewed. Swift v. Norwest Bank-Omaha West, 285 Neb. 619, 828 N.W.2d 755 (2013).