(a) A person may provide check cashing services without obtaining a license under this subtitle by registering each year with the Commissioner under this section if the person:
(1) Charges a fee of up to 1.5% or $1, whichever is greater, of the face amount of the payment instrument per payment instrument;
(2) Provides check cashing services that are incidental to the retail sale of goods or services by the person that is providing the check cashing services;
(3) Is registered as a check casher money service business with the U.S. Department of Treasury;
(4) Conducts check cashing service transactions within the interior of the business location and not through the use of a mobile unit or an exterior drive-up or walk-up window;
(5) Has conspicuously posted a notice with the following information, in 48 point type or larger, at each business location at which the person provides check cashing services:
(i) The fees charged for check cashing services; and
(ii) How to contact the Office of Financial Regulation with comments or complaints; and
(6) Provides a receipt to each check cashing services customer that includes:
(i) The date of the transaction;
(ii) The face value of the check cashed;
(iii) The fee charged; and
(iv) The net dollar amount paid to the customer.
Procedure to register as check cashing service
(b) To register as a check cashing service, a person shall:
(1) Obtain and maintain a valid unique identifier issued by NMLS when an account is created with NMLS; and
(2) Provide information required by the Commissioner through NMLS, including:
(i) The person's name and address and, if the person is not an individual:
1. The names and addresses of each owner who owns more than 5% of the person; and
2. The officers and director or principal of the person;
(ii) The addresses at which check cashing services will be provided; and
(iii) Any other information determined to be necessary by the Commissioner.
Initial registration or renewal
(c) A person submitting an initial registration or a registration renewal under this section shall apply through NMLS:
(1) For the initial registration, on or after November 1, 2020; and
(2) For registration renewal, each year thereafter.
Fees
(d) A person submitting an initial registration or a registration renewal under this section shall pay to NMLS any fees that NMLS imposes in connection with the issuance of the registration or the renewal of the registration.
Application of sections 12-106 through 12-120
(e) Sections 12-106 through 12-120 of this subtitle do not apply to a person who registers under this section.
Credits
Added by Acts 2020, c. 443, § 1, eff. Oct. 1, 2020; Acts 2020, c. 444, § 1, eff. Oct. 1, 2020. Amended by Acts 2023, c. 28, § 1, eff. July 1, 2023; Acts 2023, c. 29, § 1, eff. July 1, 2023.
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
