Money Laws

[Brian Scarano]

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The Money Transmitter Division of DFPI licenses and regulates money transmitters, which includes issuers of payment instruments (money orders), travelers checks and stored value. The California money transmission laws are found in the California Financial Code, Division 1.2, commencing with section 2000.

The DFPI uses the Nationwide Multistate Licensing System and Registry (NMLS) to manage money transmitter licenses. Through NMLS, companies will have the option to apply for, or amend, its license conveniently and safely online.

Prospective applicants for a new money transmitter license or an acquisition of control should review and understand the laws and regulations that govern money transmission in California. Applicants should then arrange for a pre-filing meeting with the Money Transmitter Division staff. The prospective applicant should contact MT.Inq...@dfpi.ca.gov to arrange for a copy of pre-filing materials and make an appointment. Prospective applicants whose business relates to crypto assets should contact the DFPI Crypto Unit at cry...@dfpi.ca.gov.

Applications may be filed via the NMLS, instructions for which can be found on the New Application Checklist for new license applications and the Amendment Checklist for acquisition of control applications.

DFPI Portfolio Managers are available to confer with you to discuss questions in advance of conducting a pre-filing meeting or filing an application. However, no application will be decided in advance of filing. You may contact DFPI Portfolio Management via MT.Inq...@dfpi.ca.gov. If you are a prospective applicant whose business relates to crypto assets, please contact the DFPI Crypto Unit at cry...@dfpi.ca.gov.

Money laundering is the process of making illegally-gained proceeds (i.e. "dirty money") appear legal (i.e. "clean"). Typically, it involves three steps: placement, layering and integration. First, the illegitimate funds are furtively introduced into the legitimate financial system. Then, the money is moved around to create confusion, sometimes by wiring or transferring through numerous accounts. Finally, it is integrated into the financial system through additional transactions until the "dirty money" appears "clean." Money laundering can facilitate crimes such as drug trafficking and terrorism, and can adversely impact the global economy.

In its mission to "safeguard the financial system from the abuses of financial crime, including terrorist financing, money laundering and other illicit activity," the Financial Crimes Enforcement Network acts as the designated administrator of the Bank Secrecy Act (BSA). The BSA was established in 1970 and has become one of the most important tools in the fight against money laundering. Since then, numerous other laws have enhanced and amended the BSA to provide law enforcement and regulatory agencies with the most effective tools to combat money laundering. An index of anti-money laundering laws since 1970 with their respective requirements and goals are listed below in chronological order.

The OCC prescribes regulations, conducts supervisory activities and, when necessary, takes enforcement actions to ensure that national banks have the necessary controls in place and provide the requisite notices to law enforcement to deter and detect money laundering, terrorist financing and other criminal acts and the misuse of our nation's financial institutions.

The Bank Secrecy Act (BSA), 31 USC 5311 et seq establishes program, recordkeeping and reporting requirements for national banks, federal savings associations, federal branches and agencies of foreign banks. The OCC's implementing regulations are found at 12 CFR 21.11 and 12 CFR 21.21. The BSA was amended to incorporate the provisions of the USA PATRIOT Act which requires every bank to adopt a customer identification program as part of its BSA compliance program.

In addition to utilizing information filed by banks in money laundering and terrorist financing investigations, U.S. law enforcement also provides banks with access to resources and tools such as those listed here that can be used to strengthen your BSA/AML risk management programs.

The OCC and the U.S. Department of Treasury periodically issue alerts, advisories and rulemakings concerning institutions or individuals who may be engaged in fraudulent activities or be deemed to be of high-risk for money laundering or terrorist financing activities.

The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Financial Crimes Enforcement Network (FinCEN), and the National Credit Union Administration issued a statement encouraging banks to take innovative approaches to meet their Bank Secrecy Act/anti-money laundering (BSA/AML) compliance obligations and further strengthen the financial system against illicit financial activity.

U.S. banks play a key role in combating the financing of terrorism by identifying and reporting potentially suspicious activity as required under the BSA. A number of resources are available to assist you in this effort.

Criminals have long used money-laundering schemes to conceal or "clean" the source of fraudulently obtained or stolen funds. Money laundering poses significant risks to the safety and soundness of the U.S. financial industry. With the advent of terrorists who employ money-laundering techniques to fund their operations, the risk expands to encompass the safety and security of the nation. Through sound operations, banks play an important role in helping investigative and regulatory agencies identify money-laundering entities and take appropriate action.

A financial institution is required to file a suspicious activity report no later than 30 calendar days after the date of initial detection of facts that may constitute a basis for filing a suspicious activity report. If no suspect was identified on the date of detection of the incident requiring the filing, a financial institution may delay filing a suspicious activity report for an additional 30 calendar days to identify a suspect. In no case shall reporting be delayed more than 60 calendar days after the date of initial detection of a reportable transaction.

DFS allows Money Transmitters to use the Nationwide Multistate Licensing System and Registry (NMLS) to manage license applications and ongoing regulation. DFS also utilizes the NMLS Uniform Authorized Agent Reporting (UAAR) functionality to fulfill agent reporting requirements.

To access NMLS for the first time, you must complete a Company Account Request Form and identify a Primary Account Administrator and a Secondary Account Administrator. This form can be submitted online through the NMLS website in the Getting Started section. This form needs to be submitted only once per company, regardless of the number of NMLS participating states in which you are licensed.

Within three days of completing and submitting the Company Account Request Form, the Primary Account Administrator will receive NMLS login information. The Primary Account Administrator will have full rights to access the system, submit information to this agency and other participating state regulators, and set up other company users in the system. Instructions and tutorials on how to access and use the system are also available in the NMLS Resource Center.

Each company holding a DFS Money Transmitter License who wishes to manage their license on NMLS must create a company record in the system. To gain access to NMLS, the applicant must submit a form requesting an NMLS account.

To submit an application and ensure your application is received, acknowledged as complete, and processed, please follow the instructions on the DFS Money Transmitter Checklists. No application shall be deemed to be complete until the Department has received all required information, documents, and fees.

Note: If the applicant has already submitted Forms MU1 and MU2 through NMLS for another state, the applicant does not need to re-enter the company record into NMLS. However, the applicant is required to provide jurisdiction-specific information to support its New York State application.

These requirements are for changes in certain individuals of licensees whose licenses are not managed on NMLS. For those managed on NMLS, visit the NMLS section website for New York State and navigate to Company Licenses and Amendment under the pertinent industry type, and look under Change in Control on the Amendment Checklist.

For matters related to Budget Planners, Check Cashers, Licensed Lenders, Money Transmitters, Premium Finance Agencies, and Sales Finance Companies, submit the documents as directed by the DFS Portfolio Manager assigned to your institution.

*Background Investigation Reports are usually required only for individuals of licensed check cashers and money transmitters. However, Background Investigation Reports may also be required for other officers, directors, stockholders, owners, and control persons of any licensee as determined by the Superintendent in her sole discretion.

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