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Can I offer a cryptocurrency as a form of payment without violating financial regulations in Nebraska? What are the requirements?
Based on the documents provided, it is unclear whether offering cryptocurrency as a form of payment is allowed in Nebraska. However, there are regulations in place regarding payment of fees, digital signatures, and securities offerings that may be relevant to your query.
Payment of Fees
According to NEAC 48-01-03, all filing fees must be payable by corporate check, money order, or ACH to the Nebraska Department of Banking and Finance or through a registration depository or electronic filing system recognized by the Director. Cash, personal checks, and checks drawn on non-United States banks will not be accepted. This regulation does not explicitly mention cryptocurrency as an acceptable form of payment.
Digital Signatures
NEAC 437-2-01 states that for a digital signature to be valid for use under the Nebraska Digital Signatures Act and NAC Title 437, it must be created by technologies and practices that are accepted for use by the State of Nebraska. Acceptable technology and practices must be capable of creating signatures that conform to requirements set forth in Neb. Rev. Stat. §86-611, specifically:
- It is unique to the person using it;
- It is capable of verification;
- It is under the sole control of the person using it;
- It is linked to data in such a manner that if the data are changed, the digital signature is invalidated;
- It conforms to Title 437 of the Nebraska Administrative Code.
Securities Offerings
There are several regulations in place regarding securities offerings in Nebraska, including requirements for issuer qualification, advertising, escrow agreements, and restrictions on resale. However, none of these regulations explicitly mention cryptocurrency as an acceptable form of payment.
Based on the documents provided, it is unclear whether offering cryptocurrency as a form of payment for fees or securities offerings is allowed in Nebraska. It is recommended that you consult with a legal professional familiar with Nebraska financial regulations for further guidance.
[1.1][2.1][3.1][4.1][5.1][5.2][5.3][5.4][6.1]
Source(s):
- [1.1] PAYMENT OF FEES.
- [2.1] For a digital signature to be valid for use under the Nebraska Digital Signatures Act and NAC Title 437, it must be created by technologies and practices that are accepted for use by the State of Nebraska.
- [3.1] Acceptable technology and practices must be capable of creating signatures that conform to requirements set forth in Neb.
- [4.1] ESCROW REQUIREMENT.
- [5.1] ISSUER QUALIFICATION.
- [5.2] ADVERTISING.
- [5.3] RESTRICTIONS ON RESALE.
- [5.4] ESCROW AGREEMENT.
- [6.1] RESTRICTION ON SALES.
Jurisdiction
Nebraska