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Consumer & Mortgage Lending Guidance Documents

2021-01  Loan Originators and Loan Processors Working Remotely

2021-02  Kansas Uniform Consumer Credit Code (UCCC) Working Remotely

Money Transmitter Guidance Documents

MT 2014-01 Virtual Currency

MT 2016-01 Agent-of-the-Payee

MT 2019-01 Cash In Transit

If you are seeking an exemption for Agent-of-the-Payee based on Guidance Document MT 2016-01, please submit the following items:

  1. A letter that specifically requests a review for an Agent-of-the-Payee exemption on your company. Reference within the letter the contractual language that pertains to the criteria required by the Guidance Document.

    Specifically:
    • The payee expressly grants authority to the agent to accept payments on the payee’s behalf in the preexisting written agreement.
    • Payment is treated as received by the payee upon receipt by the agent. If applicable, this shall include who is liable for lost payments.
    • Payment is for goods or services other than money transmission that has been provided or to be provided by the payee.
  2. A copy of each preexisting written agreement(s) that pertains to this request between your company as the agent and the payee.

Your letter and all supporting documents must be received in order for this request to be considered “complete” and for our office to begin such review. Failure to provide all required information will result in a denial.

Complete requests may be submitted by mail or email to:

Bailey Burghart, Licensing Program Analyst
Office of the State Bank Commissioner
700 SW Jackson, Suite 300
Topeka, KS 66603

bailey.burghart@osbckansas.org

Federal Law & Guidance

Money Service Businesses

For laws, regulations, and guidance regarding money services businesses, visit FinCEN’s website for MSBs.

For information regarding the regulation of money services businesses by the states, visit the Money Transmitter Regulator’s Association (MTRA) website.

For information regarding Virtual Currencies, see the Model State Consumer and Investor Guidance on Virtual Currency – Issued by the Conference of State Bank Supervisors (CSBS) April 23, 2014.

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