InfoBytes Blog
Maine enacts new money transmission law in line with the Money Transmission Modernization Act
On April 22, the Governor of Maine signed into law LD 2112 (the “Act”) which will codify a new law titled the “Maine Money Transmission Modernization Act.” The Act will amend and repeal many parts of the state’s money transmission laws and brought the law more in alignment with the Money Transmission Modernization Act, the model law drafted with a goal of creating a single set of nationwide standards and requirements. The stated purpose of the Act will be to coordinate with states to reduce the regulatory burden, protect the public from financial crimes, and standardize licensing activities allowed and exempted by Maine.
Among many other new provisions, the Act will require any person which engages in the business of money transmission or advertises, solicits, or holds itself out as providing money transmission to obtain a license. The Act will define “money transmission” as “(i) [s]elling or issuing payment instruments to a person located in [Maine]; (ii) [s]elling or issuing stored value to a person located in [Maine]; or (iii) [r]eceiving money for transmission from a person located in [Maine].” However, the Act will exempt, an agent of the payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission services, provided certain criteria are met. Additionally, the Act will exempt certain persons acting as intermediaries, persons expressly appointed as third-party service providers to an exempt entity, payroll processors, registered futures commission merchants and securities broker-dealers, among others. Anyone claiming to be exempt from licensing may be required to provide information and documentation demonstrating their qualification for the claimed exemption.
The Act also will include a section on virtual currency, which will be defined as “a digital representation of value that: (i) [i]s used as a medium of exchange, unit of account or store of value, and (ii) [i]s not money, whether or not denominated in money.” The Act will specify that “virtual currency business activity” will include, among other activities, exchanging, transferring, storing, or engaging in virtual currency administration, whereas “virtual currency administration” will be defined as issuing virtual currency with the authority to redeem the currency for money, bank credit or other virtual currency.
The Act will require certain reporting, including about the licensee’s condition, financial information, and money transmission transactions from every jurisdiction, among other types of information. The amendments will also outline numerous licensing application and renewal procedures including net worth, surety bond, and permissible investment requirements. Maine will now join several other states that adopted the model law. The Act takes effect on July 16 of this year.