Section 169B:7 - [Effective 4/1/2025] Authorized delegates(a)(1) Before a licensee is authorized to conduct business through an authorized delegate or allows a person to act as the licensee's authorized delegate, the licensee shall:(i) adopt, and update as necessary, written policies and procedures reasonably designed to ensure that the licensee's authorized delegates comply with applicable state and federal law;(ii) enter into a written contract that complies with paragraph (3); and(iii) conduct a reasonable risk-based background investigation sufficient for the licensee to determine whether the authorized delegate has complied and will likely comply with applicable state and federal law.(2) An authorized delegate shall operate in full compliance with this chapter.(3) The written contract required by paragraph (1) shall be signed by the licensee and the authorized delegate and, at a minimum, shall: (i) appoint the person signing the contract as the licensee's authorized delegate with the authority to conduct money transmission on behalf of the licensee;(ii) set forth the nature and scope of the relationship between the licensee and the authorized delegate and the respective rights and responsibilities of the parties;(iii) require the authorized delegate to agree to fully comply with applicable state and federal laws, rules and regulations pertaining to money transmission, including, but not limited to, this chapter and regulations implementing this chapter and relevant provisions of the Bank Secrecy Act and the USA Patriot Act, Pub. Law 107-56;(iv) require the authorized delegate to remit and handle money and monetary value in accordance with the terms of the contract between the licensee and the authorized delegate;(v) impose a trust on money and monetary value net of fees received for money transmission for the benefit of the licensee;(vi) require the authorized delegate to prepare and maintain records as required by this chapter or regulations implementing this chapter, or as reasonably requested by the commissioner;(vii) acknowledge that the authorized delegate consents to examination or investigation by the commissioner;(viii) state that the licensee shall be subject to regulation by the commissioner and that, as part of that regulation, the commissioner may suspend or revoke an authorized delegate designation or require the licensee to terminate an authorized delegate designation; and(ix) acknowledge receipt of the written policies and procedures required under clause (i) of paragraph (1).(4) If the licensee's license is suspended, revoked, surrendered or expired, the licensee shall, within 5 business days, provide documentation to the commissioner that the licensee has notified all applicable authorized delegates of the licensee whose names are in a record filed with the commissioner of the suspension, revocation, surrender or expiration of a license. Upon suspension, revocation, surrender or expiration of a license, applicable authorized delegates shall immediately cease to provide money transmission as an authorized delegate of the licensee.(5) An authorized delegate of a licensee shall hold in trust for the benefit of the licensee all money net of fees received from money transmission. If any authorized delegate commingles any funds received from money transmission with any other funds or property owned or controlled by the authorized delegate, all commingled funds and other property shall be considered held in trust in favor of the licensee in an amount equal to the amount of money net of fees received from money transmission.(6) An authorized delegate shall not use a subdelegate to conduct money transmission on behalf of a licensee.(b) A person shall not engage in the business of money transmission on behalf of a person not licensed under this chapter or not exempt pursuant to section 2. A person that engages in such activity shall be considered to provide money transmission to the same extent as if the person were a licensee and shall be jointly and severally liable with the unlicensed or nonexempt person.Mass. Gen. Laws ch. 169B, § 169B:7
Added by Acts 2024, c. 312,§ 3, eff. 4/1/2025.