Section § 2030

Explanation

If you want to run a money transfer business in California, you need to have a license unless you are exempt or working as an agent for someone who is licensed or exempt. Also, once you have a license, you can't transfer or assign it to someone else.

(a)CA Financial Code § 2030(a) A person shall not engage in the business of money transmission in this state, or advertise, solicit, or hold itself out as providing money transmission in this state, unless the person is licensed or exempt from licensure under this division or is an agent of a person licensed or exempt from licensure under this division.
(b)CA Financial Code § 2030(b) A license under this division is not transferable or assignable.

Section § 2031

Explanation

This law outlines who can apply for or receive a business license in the state. The applicants can be California-based corporations or LLCs, corporations from outside California but approved for business within the state, or out-of-state LLCs that are registered in California. However, LLCs from outside the United States are not eligible for a license.

Only the following persons may apply for or be issued a license:
(a)CA Financial Code § 2031(a) A corporation or limited liability company organized under the laws of this state.
(b)CA Financial Code § 2031(b) A corporation, other than a corporation organized under the laws of this state, that is qualified to transact intrastate business in this state under Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code.
(c)CA Financial Code § 2031(c) A limited liability company, other than a limited liability company organized under the laws of this state, that is qualified to transact intrastate business in this state under Article 8 (commencing with Section 17708.01) of the Corporations Code, except a limited liability company that is organized outside the United States shall not be issued a license.

Section § 2032

Explanation

This California law outlines the application requirements for anyone seeking a license to provide money transmission services, such as sending money from one place to another, in the state. Applicants must pay a nonrefundable $5,000 fee and submit an application that includes detailed information like the applicant's business name, past criminal convictions, and money transmission services offered. The application also requires financial reports, business plans, and details about any business partners or agents involved in the service. The commissioner has the authority to waive certain requirements or allow alternative information if needed.

(a)CA Financial Code § 2032(a) An applicant for licensure under this division shall pay to the commissioner a nonrefundable fee of five thousand dollars ($5,000).
(b)CA Financial Code § 2032(b) An applicant for a license under this division shall do so in a form and in a medium prescribed by the commissioner by order or regulation. The application shall state or contain all of the following:
(1)CA Financial Code § 2032(b)(1) The legal name and residential business address of the applicant and any fictitious or trade name used by the applicant in conducting its business.
(2)CA Financial Code § 2032(b)(2) A list of any criminal convictions of the applicant and any material litigation in which the applicant has been involved in the 10-year period next preceding the submission of the application.
(3)CA Financial Code § 2032(b)(3) A description of any money transmission services previously provided by the applicant and the money transmission services that the applicant seeks to provide in this state.
(4)CA Financial Code § 2032(b)(4) A list of the applicant’s proposed agents and the locations in this state where the applicant and its agents propose to engage in money transmission.
(5)CA Financial Code § 2032(b)(5) A list of other states in which the applicant is licensed to engage in money transmission and any license revocations, suspensions, or other disciplinary action taken against the applicant in another state.
(6)CA Financial Code § 2032(b)(6) Information concerning any bankruptcy or receivership proceedings affecting the licensee.
(7)CA Financial Code § 2032(b)(7) A sample form of payment instrument or instrument upon which stored value is recorded, if applicable.
(8)CA Financial Code § 2032(b)(8) A sample form of receipt for transactions that involve money received for transmission.
(9)CA Financial Code § 2032(b)(9) The name and address of any bank through which the applicant’s payment instruments and stored value will be paid.
(10)CA Financial Code § 2032(b)(10) A description of the source of money and credit to be used by the applicant to provide money transmission services.
(11)CA Financial Code § 2032(b)(11) The date of the applicant’s incorporation or formation and the state or country of incorporation or formation.
(12)CA Financial Code § 2032(b)(12) A certificate of good standing from the state or country in which the applicant is incorporated or formed.
(13)CA Financial Code § 2032(b)(13) A description of the structure or organization of the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded.
(14)CA Financial Code § 2032(b)(14) The legal name, any fictitious or trade name, all business and residential addresses, and the employment, in the 10-year period next preceding the submission of the application, of each executive officer, manager, director, or person that has control, of the applicant, and the educational background for each person.
(15)CA Financial Code § 2032(b)(15) A list of any criminal convictions and material litigation in which any executive officer, manager, director, or person in control, of the applicant has been involved in the 10-year period next preceding the submission of the application.
(16)CA Financial Code § 2032(b)(16) A copy of the applicant’s audited financial statements for the most recent fiscal year and, if available, for the two-year period next preceding the submission of the application.
(17)CA Financial Code § 2032(b)(17) A copy of the applicant’s unconsolidated financial statements for the current fiscal year, whether audited or not, and, if available, for the two-year period next preceding the submission of the application.
(18)CA Financial Code § 2032(b)(18) If the applicant is publicly traded, a copy of the most recent report filed with the United States Securities and Exchange Commission under Section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78m).
(19)CA Financial Code § 2032(b)(19) If the applicant is a wholly owned subsidiary of:
(A)CA Financial Code § 2032(b)(19)(A) A corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the parent corporation’s most recent report filed under Section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78m) and, if available, for the two-year period next preceding the submission of the application.
(B)CA Financial Code § 2032(b)(19)(B) A corporation publicly traded outside the United States, a copy of similar documentation filed with the regulator of the parent corporation’s domicile outside the United States.
(20)CA Financial Code § 2032(b)(20) The name and address of the applicant’s registered agent in this state.
(21)CA Financial Code § 2032(b)(21) The applicant’s plan for engaging in money transmission business, including without limitation three years of pro forma financial statements.
(22)CA Financial Code § 2032(b)(22) Any other information the commissioner requires with respect to the applicant.
(c)CA Financial Code § 2032(c) The commissioner may waive any of the information required under subdivision (b) or permit an applicant to submit other information instead of the required information.

Section § 2033

Explanation

This law section talks about the process for getting a license for money transmission in California. The commissioner can examine the applicant and the applicant must cover the costs. To be approved, the applicant must meet several criteria: having adequate financial resources, being financially sound, having good character and financial standing among directors and officers, having a solid plan for business success, and being likely to comply with all applicable laws. If these criteria are not met, the application will be denied after a notice and hearing.

(a)CA Financial Code § 2033(a) The commissioner may conduct an examination of the applicant and the applicant shall pay the reasonable cost of the examination.
(b)CA Financial Code § 2033(b) If the commissioner finds all of the following with respect to an application for a license, the commissioner shall approve the application:
(1)CA Financial Code § 2033(b)(1) The applicant has adequate tangible shareholders’ equity, as specified in Section 2040 to engage in the business of money transmission and the financial condition of the applicant is otherwise such that it will be safe and sound for the applicant to engage in the business of money transmission.
(2)CA Financial Code § 2033(b)(2) The applicant, the directors and officers of the applicant, any person that controls the applicant, and the directors and officers of any person that controls the applicant are of good character and sound financial standing.
(3)CA Financial Code § 2033(b)(3) The applicant is competent to engage in the business of money transmission.
(4)CA Financial Code § 2033(b)(4) The applicant’s plan for engaging in the business of money transmission affords reasonable promise of successful operation.
(5)CA Financial Code § 2033(b)(5) It is reasonable to believe that the applicant, if licensed, will engage in the business of money transmission and will comply with all applicable provisions of this division and of any regulation or order issued under this division.
(c)CA Financial Code § 2033(c) The commissioner shall deny an application for a license if he or she finds, after notice and a hearing, that the requirements of subdivision (b) have not been satisfied.

Section § 2034

Explanation

This law requires corporations or limited liability companies (LLCs) to officially appoint the commissioner as their agent to receive legal documents if they want a license. This ensures that if they are involved in legal or administrative cases, the commissioner can accept legal papers on their behalf, just like they were served directly to the company.

To serve legal documents to such companies, you can leave a copy at the commissioner's office, but this is only valid if the person serving the papers sends a copy by registered mail to the company's last known address and provides proof of doing so in court or the relevant agency.

This law adds to existing laws on serving legal documents, not replacing them.

(a)CA Financial Code § 2034(a) Before any corporation or limited liability company is issued a license, the corporation or limited liability company shall file with the commissioner, in such form as the commissioner may by regulation or order require, an appointment irrevocably appointing the commissioner to be the corporation’s or limited liability company’s attorney to receive service of any lawful process in any noncriminal judicial or administrative proceeding against the corporation or limited liability company, or any of its successors, that arises under this division or under any regulation or order issued under this division after such appointment has been filed, with the same force and validity as if served personally on the corporation or limited liability company or its successor, as the case may be.
(b)CA Financial Code § 2034(b) Service may be made by leaving a copy of the process at any office of the commissioner, but that service is not effective unless (1) the party making that service, who may be the commissioner, sends notice of service and a copy of the process by registered or certified mail to the party served at its last address on file with the commissioner, and (2) an affidavit of compliance with this section by the party making service is filed in the case on or before the return date, if any, or within such further time as the court, in the case of a judicial proceeding, or the administrative agency, in the case of an administrative proceeding, allows.
(c)CA Financial Code § 2034(c) The provisions of this section are in addition to, and not in limitation of, other provisions of law relating to service of process.

Section § 2035

Explanation

If you want to gain control of a money transmission business, you must first get written approval from the financial commissioner. Your application needs to include certain information in a form that the commissioner decides.

The commissioner will approve your application only if you and your team have good character and financial standing, are capable of running the business, and if it's believed that you'll follow all relevant laws and won't harm the company's stability with any major changes.

If your plans involve someone unfit to be a director or officer, it might be considered harmful. If you don't follow these rules, the commissioner can order you to do so and may take you to court if needed.

The commissioner also has the power to change or revoke your approval if there's cause, and can exempt certain transactions from these rules if they aren't needed for public or customer protection. You may also have to cover the costs if you're examined as part of this process.

(a)CA Financial Code § 2035(a) No person shall, directly or indirectly, acquire control of a licensee unless the commissioner has first approved, in writing, the acquisition of control. An application to acquire control of a licensee shall be in writing, under oath, and in a form prescribed by the commissioner. The application shall contain that information which the commissioner may require.
(b)CA Financial Code § 2035(b) The commissioner shall not approve the application unless the commissioner finds all of the following:
(1)CA Financial Code § 2035(b)(1) The applicant and all of the officers and directors of the applicant are of good character and sound financial standing.
(2)CA Financial Code § 2035(b)(2) The applicant is competent to engage in the business of money transmission.
(3)CA Financial Code § 2035(b)(3) It is reasonable to believe that, if the applicant acquires control of the licensee, the applicant and the licensee will comply with all applicable provisions of this division and any regulation or order issued under this division.
(4)CA Financial Code § 2035(b)(4) The applicant’s plans, if any, to make any major change in the business, corporate structure, or management of the licensee are not detrimental to the safety and soundness of the licensee.
(c)CA Financial Code § 2035(c) For the purposes of subdivision (b), the commissioner may find an applicant’s plan to make major changes in the management of a licensee is detrimental to the licensee if the plan provides for a person who is not of good character to become a director or officer of the licensee. The grounds specified in this subdivision shall not be deemed to be the only grounds upon which the commissioner may find, for the purposes of subdivision (b), that an applicant’s plan to make a major change in the management of a licensee is detrimental to the licensee.
(d)CA Financial Code § 2035(d) If it appears to the commissioner that any person is violating or failing to comply with this section, the commissioner may direct the person to comply with this section by an order issued over the commissioner’s official seal.
(e)CA Financial Code § 2035(e) Whenever it appears to the commissioner that any person has committed or is about to commit a violation of any provision of this section or of any regulation or order of the commissioner issued pursuant to this section, the commissioner may apply to the superior court for an order enjoining the person from violating or continuing to violate this section or that regulation or order, and for other equitable relief as the nature of the case or interests of the licensee, the controlling person, the creditors or shareholders of the licensee or controlling person or the public may require.
(f)CA Financial Code § 2035(f) The commissioner may, for good cause, amend, alter, suspend, or revoke any approval of a proposal to acquire control of a licensee issued pursuant to this section.
(g)CA Financial Code § 2035(g) There shall be exempted from the provisions of this section any transaction which the commissioner by regulation or order exempts as not being comprehended within the purposes of this section and the regulation of which he or she finds is not necessary or appropriate in the public interest or for the protection of a licensee or the customers of a licensee.
(h)CA Financial Code § 2035(h) The commissioner may conduct an examination of the applicant and the applicant shall pay the reasonable cost of the examination.

Section § 2036

Explanation

This law allows the commissioner to add conditions to any financial authorization, approval, license, or order. These conditions are meant to ensure that the business stays stable and operates safely, as well as to protect consumers.

The commissioner may impose on any authorization, approval, license, or order issued pursuant to this division any conditions that are necessary for the safety and soundness of the licensee, or reasonable or necessary to maintain or enhance consumer protection.

Section § 2037

Explanation

This section requires money transmission licensees in California to secure their obligations by either depositing cash or certain approved securities with the Treasurer, or providing a surety bond. The purpose is to ensure they can fulfill financial obligations towards customers. The amount required depends on the type of business activity and must fall within specified limits, such as between $500,000 and $2 million for selling payment instruments, or $250,000 and $7 million for money transmission services. These financial securities also act as a trust fund for the benefit of the licensee's customers in California. Any bond or deposit must be maintained for at least four years after the licensee stops operations, unless the commissioner decides otherwise.

(a)CA Financial Code § 2037(a) As security, each licensee shall deposit and thereafter maintain on deposit with the Treasurer cash in an amount not less than, or securities having a market value not less than, such amount as the commissioner may find and order from time to time as necessary to secure the faithful performance of the obligations of the licensee with respect to money transmission in California. These securities shall be subject to the approval of the commissioner and shall consist of interest-bearing bonds, notes, or other obligations of the United States or any agency or instrumentality thereof, or of the State of California, or of any city, county, or city and county, political subdivision or district of the State of California, or that are guaranteed by the United States or the State of California.
(b)CA Financial Code § 2037(b) So long as a licensee that maintains securities on deposit with the Treasurer pursuant to this section is solvent, that licensee shall be entitled to receive any interest paid on the securities.
(c)CA Financial Code § 2037(c) In lieu of the deposit of cash or securities pursuant to subdivision (a), a licensee may deliver to the commissioner the bond of a surety company, in form and written by a company satisfactory to the commissioner, in an amount not less than the amount of the deposit of cash or securities required of the licensee, conditioned upon the faithful performance of the obligations of the licensee with respect to money transmission in California. The commissioner shall deposit such bond with the Treasurer.
(d)CA Financial Code § 2037(d) A licensee that sells or issues payment instruments or stored value shall maintain securities on deposit or a bond of a surety company in an amount of no less than five hundred thousand dollars ($500,000) or 50 percent of the average daily outstanding payment instrument and stored value obligations in California, whichever is greater; provided that such amount shall not be more than two million dollars ($2,000,000).
(e)CA Financial Code § 2037(e) A licensee that engages in receiving money for transmission shall maintain securities on deposit or a bond of a surety company in an amount greater than the average daily outstanding obligations for money received for transmission in California, provided that such amount shall not be less than two hundred fifty thousand dollars ($250,000) nor more than seven million dollars ($7,000,000).
(f)CA Financial Code § 2037(f) The amount of securities on deposit or a bond of a surety company required to be maintained by subdivisions (d) and (e) are cumulative.
(g)CA Financial Code § 2037(g) The money and securities deposited with the Treasurer pursuant to this section and the proceeds of any bond held by the Treasurer pursuant to this section shall constitute a trust fund for the benefit of persons in California who purchased payment instruments or stored value from the licensee or its agent, or persons in California who delivered to any licensee or its agent money or monetary value for money transmission. Suit to recover on any bond may be brought by any party aggrieved in a court of competent jurisdiction of any county in which the licensee has an agent.
(h)CA Financial Code § 2037(h) Securities on deposit or a bond shall cover claims for so long as the commissioner specifies, but for at least four years after the licensee ceases to provide services under this division in this state. However, the commissioner may permit the amount of the security to be reduced or eliminated before the expiration of that time to the extent the amount of the licensee’s payment instruments or stored value obligations outstanding, or outstanding money or monetary value received for money transmission, is less than the deposit or bond. The commissioner may permit a licensee to substitute another form of security acceptable to the commissioner for the security effective at the time the licensee ceases to provide money transmissions in this state.

Section § 2038

Explanation

This law outlines various fees related to licensing in California. If you apply for a new license, it costs $5,000. If you're trying to acquire control of a licensed business, that's $3,500. Every year, by July 1, a licensee should pay an annual fee of $2,500, plus $125 for each branch in the state and $25 for each agent's branch.

The commissioner can also perform examinations of licensees and applicants, where those being examined have to pay a specific fee based on the commissioner's estimated costs, including possible travel expenses. Additionally, fees for filing applications are due when submitting the application and won’t be refunded no matter the outcome.

Fees shall be paid to, and collected by, the commissioner, as follows:
(a)CA Financial Code § 2038(a) The fee for filing an application for a license is five thousand dollars ($5,000), as provided in subdivision (a) of Section 2032.
(b)CA Financial Code § 2038(b) The fee for filing an application for approval to acquire control of a licensee is three thousand five hundred dollars ($3,500).
(c)CA Financial Code § 2038(c) A licensee shall pay annually on or before July 1, a licensee fee of two thousand five hundred dollars ($2,500).
(d)CA Financial Code § 2038(d) A licensee shall pay annually on or before July 1, one hundred twenty-five dollars ($125) for each licensee branch office in this state.
(e)CA Financial Code § 2038(e) A licensee shall pay annually on or before July 1, twenty-five dollars ($25) for each agent branch office in this state.
(f)CA Financial Code § 2038(f) Whenever the commissioner examines a licensee or any agent of a licensee, the licensee shall pay, within 10 days after receipt of a statement from the commissioner, a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.
(g)CA Financial Code § 2038(g) Whenever the commissioner examines an applicant, the applicant shall pay, within 10 days after receipt of a statement from the commissioner, a fee for the examination, as determined by the commissioner. In determining the fee, the commissioner may use the estimated average hourly cost, including, but not limited to, overhead, for all persons performing the examination, plus, if it is necessary for any examiner engaged in the examination to travel outside this state, the travel expenses of the examiner.
(h)CA Financial Code § 2038(h) Each fee for filing an application shall be paid at the time the application is filed with the commissioner. No fee for filing an application shall be refundable, regardless of whether the application is approved, denied, or withdrawn.

Section § 2039

Explanation

This law describes the reporting requirements for financial licensees in California. First, the commissioner has the discretion to grant exemptions from these requirements if they feel they are unnecessary or redundant. Second, licensees must file an annual audit report within 90 days after the fiscal year ends, which includes audited financial statements prepared by an independent accountant. Third, licensees must submit quarterly reports within 45 days after the end of each calendar quarter, detailing financial statements, securities schedules, and any other necessary information. Fourth, licensees need to file quarterly reports through NMLS regarding branch office locations, agents' details, transactions, and money transmission activities. Lastly, the commissioner may require additional reports as needed.

(a)CA Financial Code § 2039(a) The commissioner may, by order or regulation, grant exemptions from this section in cases in which the commissioner finds that the requirements of this section are not necessary or may be duplicative.
(b)CA Financial Code § 2039(b) In addition to any other reports as may be required pursuant to Sections 453, 454, and 455, each licensee shall, within 90 days after the end of each fiscal year, or within any extended time as the commissioner may prescribe, file with the commissioner an audit report for the fiscal year that shall comply with all of the following provisions:
(1)CA Financial Code § 2039(b)(1) The audit report shall contain audited financial statements of the licensee for or as of the end of the fiscal year prepared in accordance with United States generally accepted accounting principles and any other information as the commissioner may require.
(2)CA Financial Code § 2039(b)(2) The audit report shall be based upon an audit of the licensee conducted in accordance with United States generally accepted auditing standards and any other requirements as the commissioner prescribes.
(3)CA Financial Code § 2039(b)(3) The audit report shall be prepared by an independent certified public accountant or independent public accountant who is not unsatisfactory to the commissioner.
(4)CA Financial Code § 2039(b)(4) The audit report shall include or be accompanied by a certificate of opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the commissioner. If the certificate or opinion is qualified, the commissioner may order the licensee to take any action as the commissioner finds necessary to enable the independent or certified public accountant or independent public accountant to remove the qualification.
(c)CA Financial Code § 2039(c) Each licensee shall, not more than 45 days after the end of each calendar year quarter, or within a longer period as the commissioner, by regulation or order, specifies, file with the commissioner a report containing all of the following:
(1)CA Financial Code § 2039(c)(1) Financial statements, including balance sheet, income statement, statement of changes in shareholders’ equity, and statement of cashflows, for, or as of the end of, that calendar year quarter, verified by two of the licensee’s principal officers. The verification shall state that each of the officers making the verification has a personal knowledge of the matters in the report and that each of them believes that each statement on the report is true.
(2)CA Financial Code § 2039(c)(2) For issuers and sellers of payment instruments and stored value, a schedule of eligible securities owned by the licensee pursuant to Section 2081.
(3)CA Financial Code § 2039(c)(3) Other information as the commissioner, by regulation or order, requires.
(d)CA Financial Code § 2039(d) Each licensee, not more than 45 days after the end of each calendar year quarter, shall file through the NMLS a report containing all of the following:
(1)CA Financial Code § 2039(d)(1) The current address of each branch office of the licensee in this state. If a branch office was opened or closed during the calendar year quarter, the date it was opened or closed. If a branch office was relocated during the calendar year quarter, the addresses of the old and new locations and the date of relocation.
(2)CA Financial Code § 2039(d)(2) All of the following information related to each agent who acted, in this state, as an agent of the licensee during the calendar year quarter:
(A)CA Financial Code § 2039(d)(2)(A) The agent’s name, telephone number, and email address.
(B)CA Financial Code § 2039(d)(2)(B) The agent’s taxpayer employer identification number.
(C)CA Financial Code § 2039(d)(2)(C) The agent’s principal provider identifier.
(D)CA Financial Code § 2039(d)(2)(D) The agent’s physical address.
(E)CA Financial Code § 2039(d)(2)(E) The agent’s mailing address.
(F)CA Financial Code § 2039(d)(2)(F) Any business conducted in other states by the agent on behalf of the licensee.
(G)CA Financial Code § 2039(d)(2)(G) Any fictitious or trade name used by the agent.
(H)CA Financial Code § 2039(d)(2)(H) The date of appointment or termination of the agent in the calendar year, if applicable.
(I)CA Financial Code § 2039(d)(2)(I) The addresses for the old and new locations and the date of relocation of any agent that relocated during the calendar year quarter, if applicable.
(3)CA Financial Code § 2039(d)(3) The total volume of activities, number of transactions conducted, and outstanding money transmission obligations in California under this division and in the United States in the calendar year quarter categorized by type of money transmission, and, if feasible whether the transmission was conducted via a mobile application or an internet website. For money received for transmission, a report of the average daily outstanding transmission liabilities in California, and, if applicable, a schedule of each foreign country to which money was sent, along with the total amount of money sent to that foreign country in that calendar year quarter. For payment instruments and stored value, a report of the average daily outstanding payment instruments and stored value liabilities in California in that calendar year quarter.
(4)CA Financial Code § 2039(d)(4) Other information as the commissioner, by regulation or order, requires.
(e)CA Financial Code § 2039(e) Each licensee shall file with the commissioner other reports as and when the commissioner, by regulation or order, requires.

Section § 2040

Explanation

This section mandates that financial licensees must maintain a minimum tangible net worth, which is either $100,000 or a percentage of their total assets. The percentages vary depending on the amount of the assets, starting at 3% for the first $100 million. There's a provision for the commissioner to exempt or reduce these requirements based on several factors, like the license's operations in other states or the nature of assets and liabilities. If a licensee faces certain regulatory actions, they may be required to hold a greater net worth than typically required.

(a)CA Financial Code § 2040(a) Subject to subdivision (b), a licensee shall maintain at all times a tangible net worth of the greater of one hundred thousand dollars ($100,000) or 3 percent of total assets for the first one hundred million dollars ($100,000,000), 2 percent of additional assets for one hundred million dollars ($100,000,000) to one billion dollars ($1,000,000,000), and one-half of 1 percent of additional assets for over one billion dollars ($1,000,000,000).
(b)Copy CA Financial Code § 2040(b)
(1)Copy CA Financial Code § 2040(b)(1) The commissioner shall, pursuant to paragraph (2), have the authority to exempt, in part or in whole, an applicant or licensee from the requirements of this section.
(2)CA Financial Code § 2040(b)(2) The commissioner, in determining whether to exempt, in part or in whole, an applicant or licensee from the requirements of this section, shall consider all of the following factors:
(A)CA Financial Code § 2040(b)(2)(A) Whether the applicant or licensee is licensed to engage in money transmission in other states and whether the applicant or licensee has been subject to any disciplinary actions, including license revocations or suspensions.
(B)CA Financial Code § 2040(b)(2)(B) Whether the applicant or licensee is licensed to engage in money transmission in other states and the tangible net worth requirements in those other states, if applicable.
(C)CA Financial Code § 2040(b)(2)(C) The nature and magnitude of short-term fluctuations in the total assets and money transmitter liabilities of the applicant or licensee, the risks associated with those fluctuations, and how those fluctuations affect the net worth requirements of this section.
(D)CA Financial Code § 2040(b)(2)(D) Any factors that suggest that the money transmission activities of the applicant or licensee function in such a manner that a waived or modified tangible net worth requirement would not compromise the interest of persons in this state who use money transmission services, including, but not limited to, both of the following:
(i)CA Financial Code § 2040(b)(2)(D)(i) The manner in which the applicant or licensee holds actual possession of funds from persons in this state who use money transmission services.
(ii)CA Financial Code § 2040(b)(2)(D)(ii) Whether the applicant or licensee transmits funds described in clause (i) to the intended recipient as soon as practicable following receipt.
(E)CA Financial Code § 2040(b)(2)(E) Any other factors as the commissioner deems appropriate.
(c)CA Financial Code § 2040(c) If a licensee is subject to an order issued under Section 580 or 581, the commissioner may require a licensee to maintain tangible net worth greater than the amount required by subdivision (a) of this section.

Section § 2041

Explanation

In California, a money transmission business must operate under its real name unless it meets specific conditions. If a company wants to use a different name, it must first comply with certain business regulations or notify the commissioner 30 days in advance. They can also use a trade name or logo, but they must clearly disclose their true business name.

(a)CA Financial Code § 2041(a) A licensee shall conduct money transmission in California under its true name unless it has complied with Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code.
(b)CA Financial Code § 2041(b) A licensee may only conduct money transmission in California under its true name unless it has provided 30-day advance written notice to the commissioner. A licensee may also use a trade name or logo, so long as there is reasonable disclosure of its true name.

Section § 2042

Explanation

This law section outlines the fees that money transmission businesses in California must pay each year. The commissioner sets an annual fee for these businesses based on their activity in the state, making sure it's enough to cover costs and unexpected expenses. The fee for those dealing with payment instruments or stored value is calculated by applying specific percentages to different increments of money they've handled. This is detailed in a tiered table and capped at a maximum rate. Money transmission businesses must pay based on their share of the total money transmitted in California. The fees can't go over $1 per $1,000 of transactions. If a business doesn't pay within 20 days of notification, a 5% monthly penalty is added until they pay.

(a)CA Financial Code § 2042(a) In addition to the fees provided in Section 2038, the commissioner shall levy an assessment each fiscal year, on a pro rata basis, on those licensees that at any time during the preceding calendar year engaged in the business of money transmission in California in an amount that is, in his or her judgment, sufficient to meet the commissioner’s expenses in administering the provisions of this division and to provide a reasonable reserve for contingencies.
(b)CA Financial Code § 2042(b) For licensees that sell or issue payment instruments or stored value, the amount of the annual assessment on any licensee shall not exceed the sum of the products determined by multiplying (1) increments of the aggregate face amount of payment instruments and stored value issued or sold in California by the licensee, directly or indirectly through agents, in the calendar year next preceding the date of such assessment, by (2) percentages of the base assessment rate, according to the following table:
Aggregate face amount of payment instruments and stored value sold (in millions)
Percentage of base assessment rate
First $1 ........................
100.0
Next $9 ........................
25.0
Next $40 ........................
12.5
Next $50 ........................
6.0
Next $400 ........................
3
Next $500 ........................
2
Excess over $1,000 ........................
1
The base assessment rate shall be fixed from time to time by the commissioner but shall not exceed one dollar ($1) per one thousand dollars ($1,000) face amount of payment instruments and stored value sold.
(c)CA Financial Code § 2042(c) For licensees receiving money for transmission, the basis of the apportionment of the assessment among the licensees assessed shall be the proportion that the total amount of money received for transmission by the licensee in California bears in relation to the total amount of money received for transmission by all licensees in California, as shown by the reports of licensees to the commissioner for the preceding calendar year. The assessment rate shall be fixed from time to time by the commissioner but shall not exceed one dollar ($1) per one thousand dollars ($1,000) of money received for transmission in California by the licensee.
(d)CA Financial Code § 2042(d) The commissioner shall notify each licensee by mail of the amount levied against it. The licensee shall pay the amount levied within 20 days. If payment is not made to the commissioner within that time, the commissioner shall assess and collect, in addition to the annual assessment, a penalty of 5 percent of the assessment for each month or part thereof that the payment is delinquent.

Section § 2043

Explanation

This law is about preventing financial abuse of older or dependent adults through money transmission. By April 1, 2013, and every year afterwards, businesses (licensees) that have agents must give them training materials. These materials help agents spot and handle cases of financial abuse involving elders or dependent adults. New agents must get these materials within a month of starting.

However, this doesn't apply to businesses that only deal with stored value products or those that provide services only through websites or apps. Businesses involved in certain kinds of money transmission activities must follow this rule, but only concerning the relevant activities.

(a)CA Financial Code § 2043(a) On or before April 1, 2013, and annually thereafter, each licensee shall provide its agents under contract with training materials on recognizing elder or dependent adult financial abuse, and how to appropriately respond if the agent suspects that he or she is being asked to engage in money transmission for a fraudulent transaction involving an elder or dependent adult.
(b)CA Financial Code § 2043(b) To ensure that agents that are newly appointed by licensees pursuant to Section 2060 receive the training materials described in subdivision (a) in a timely manner, each licensee shall provide those materials to any newly appointed agent no later than one month following the appointment of that agent.
(c)CA Financial Code § 2043(c) This section shall not apply to licensees that are engaged solely in selling or issuing stored value pursuant to paragraph (2) of subdivision (q) of Section 2003. Licensees that engage in money transmission activities pursuant to paragraph (1) or (3) of that subdivision, shall be subject to this section only with respect to their agents under contract for activities described in those paragraphs. Additionally, this section shall not apply to licensees who exclusively offer their services via an Internet Web site, a mobile application, or both.