Public-domain · open source
OpenJurist

Chapter

Money Transmission Modernization Act

  • Ind. Code § 28-8-4.1-101— Citation as Money Transmission Modernization Act
  • Ind. Code § 28-8-4.1-102— Purposes and policies
  • Ind. Code § 28-8-4.1-201— Definitions; applicability
  • Ind. Code § 28-8-4.1-301— Exempt persons
  • Ind. Code § 28-8-4.1-302— Person claiming exemption; director's authority to require information and documentation
  • Ind. Code § 28-8-4.1-401— Authority of director of department of financial institutions; authority of department
  • Ind. Code § 28-8-4.1-402— Confidential information; reporting violations and complaints to the NMLS; director's authority to use the NMLS; information or material subject to privilege or confidentiality; release of information
  • Ind. Code § 28-8-4.1-403— Director's authority to conduct examinations and investigations; access to records; costs of examination; persons operating without a license
  • Ind. Code § 28-8-4.1-404— Director's authority to participate in multistate supervisory processes; authority to take independent action not waived
  • Ind. Code § 28-8-4.1-405— Federal law governing money transmission; state law preempted to extent of inconsistency; director's authority to provide interpretive guidance
  • Ind. Code § 28-8-4.1-406— Outside vendor providing services to licensee; department's authority to examine; expense of examination; refusal to permit examination
  • Ind. Code § 28-8-4.1-501— Engaging in the business of money transmission; license required; exceptions; license not transferrable or assignable
  • Ind. Code § 28-8-4.1-502— Multistate licensing processes and nationwide protocols for licensing; director's authority to use the NMLS
  • Ind. Code § 28-8-4.1-503— Application for license; contents; applications by business entities; required fees; director's authority to waive or substitute requirements
  • Ind. Code § 28-8-4.1-504— Required information for individuals; investigative background reports; director's authority to waive or substitute requirements
  • Ind. Code § 28-8-4.1-505— Department's approval or denial of application; time frame; conditions for approval; applicant subject to multistate licensing process; written notice of denial; term of license
  • Ind. Code § 28-8-4.1-506— Annual license renewal; fee; term of renewal; renewal report; director's use of the NMLS
  • Ind. Code § 28-8-4.1-507— Department's authority to suspend or revoke license; obligation to meet tangible net worth, surety bond, and permissible investment requirements
  • Ind. Code § 28-8-4.1-601— Acquiring control of licensee; application to department; time frame for approval or denial; conditions for approval; applicant subject to multistate licensing process; written notice of denial; exempt persons and transactions; advance determination of control status
  • Ind. Code § 28-8-4.1-602— Adding or replacing key individual; notice to department; department's authority to disapprove; time frames; licensee subject to multistate licensing process
  • Ind. Code § 28-8-4.1-701— Quarterly report of conditions; contents
  • Ind. Code § 28-8-4.1-702— Annual audited financial statement; accountant's certificate of opinion
  • Ind. Code § 28-8-4.1-703— Quarterly report of authorized delegates; contents
  • Ind. Code § 28-8-4.1-704— Civil and criminal proceedings; licensee's notice to director
  • Ind. Code § 28-8-4.1-705— Duty to comply with federal and state reporting requirements pertaining to money laundering
  • Ind. Code § 28-8-4.1-706— Record keeping; required information; retention
  • Ind. Code § 28-8-4.1-801— Authorized delegate; required contract; contents; notice of action taken against license; money held in trust for benefit of licensee; subdelegates prohibited
  • Ind. Code § 28-8-4.1-802— Money transmission on behalf of unlicensed or nonexempt person prohibited; joint and several liability
  • Ind. Code § 28-8-4.1-803— Action by licensee against authorized delegate; jurisdiction; equitable or legal relief; reporting of court order; authorized delegate's knowing failure to remit money held in trust; criminal offense
  • Ind. Code § 28-8-4.1-901— Licensee's duty to forward money received for transmission; exception
  • Ind. Code § 28-8-4.1-902— Duty to refund money received for transmission; exceptions
  • Ind. Code § 28-8-4.1-903— Receipts for money received for transmission; form; required information
  • Ind. Code § 28-8-4.1-1001— Duty to maintain tangible net worth; amount; director's authority to exempt applicant or licensee
  • Ind. Code § 28-8-4.1-1002— Surety bond; amount of required security
  • Ind. Code § 28-8-4.1-1003— Permissible investments; statutory trust
  • Ind. Code § 28-8-4.1-1004— Enumeration of permissible investments; letter of credit naming department as beneficiary; enumeration of permissible investments subject to limitations
  • Ind. Code § 28-8-4.1-1005— Policy of insurance against loss by criminal act or act of dishonesty; required sum
  • Ind. Code § 28-8-4.1-1101— Revocation or suspension of license; order to show cause; findings by the department; entry of order; relinquishment of license; existing contractual obligations; emergency or temporary order
  • Ind. Code § 28-8-4.1-1102— Prohibition against designating current authorized delegate; order to show cause; findings by the department; entry of order; relinquishment of designation as authorized agent; existing contractual obligations; emergency or temporary order
  • Ind. Code § 28-8-4.1-1103— Failure to renew license; revocation or suspension of license; reinstatement; right to appeal
  • Ind. Code § 28-8-4.1-1104— Applicability of law governing administrative orders and procedures; venue
  • Ind. Code § 28-8-4.1-1105— Violations; department's authority to impose civil penalty; amount
  • Ind. Code § 28-8-4.1-1106— Violations; director's authority to compromise, settle, and collect civil penalties
  • Ind. Code § 28-8-4.1-1107— Violations; director's authority to apply for injunctive relief
  • Ind. Code § 28-8-4.1-1108— Consent order; not an admission or finding of violation
  • Ind. Code § 28-8-4.1-1109— Material, false statements, or omissions in documents; failure to file required documents; criminal offense
  • Ind. Code § 28-8-4.1-1110— Applicability of rulemaking statute; notice to licensees and license applicants
  • Ind. Code § 28-8-4.1-1201— Applying and construing law; consideration of uniformity of law among enacting states
  • Ind. Code § 28-8-4.1-1202— Severability of provisions
  • Ind. Code § 28-8-4.1-1203— Persons licensed to engage in money transmission before January 1, 2024; amendment of authorized delegate contracts; authorized delegate's duty to comply
  • Ind. Code § 28-8-4.1-1204— Corporations and limited liability companies as licensees; good standing in state of incorporation
  • Ind. Code § 28-8-4.1-1205— Person on tax warrant list; issuance or renewal of license prohibited; notice of release of warrant
  • Ind. Code § 28-8-4.1-1206— Administration by division of consumer credit