April to June 2007, Volume 3, Issue #2 (This Newsletter is a quarterly publication containing topics of interest to the categories of MSBs regulated by the Georgia Department of Banking and Finance. We hope that you will find this publication to be informative and valuable for providing information about the issues affecting your industry. If there are any issues you would like for the Department to highlight or address in future editions, please e-mail your questions or suggestions to dbfmort@dbf.state.ga.us.) In This Issue: IN THE NEWS Department of Banking & Finance's 2007 Housekeeping Bill The Department's Housekeeping Bill for this legislative session is Senate Bill 70. In addition to some basic housekeeping changes, some of the significant items related to the Sale and Issuance of Checks, Cashing of Checks, and Money Transmission in the State of Georgia, Articles 4 and 4A of Chapter 1 of Title 7 of the Official Code of Georgia, Code are noted below for your reference. A complete marked-up version of the housekeeping bill can be found on the internet at: http://www.legis.ga.gov/legis/2007_08/fulltext/sb70.htm DBF Housekeeping Bill 1 DBF Website 3 Customer Service Georgia 4 Administrative Actions 5 Quarterly Reporting 6 SAR Reporting Form 6 Article 4 - Sale of Checks or Money Orders Action on Applications During the Previous Quarter/Closed 7/9 Licensees 7-1-681 An amendment is proposed to include a clarification to the list of entities that are exempt from licensure by the Department as a check seller or Department Contact Information 10 money transmitter, which language update provides that the exempt entity must be federally insured. 7-1-682 An amendment clarifies the Department's obligation to deny applications for and revoke licenses for felony convictions of designated persons. It also updates language to streamline procedures for criminal background checks to be obtained and requires the public posting of licenses. 7-1-683 This amendment provides clarification regarding a licensee's obligation to obtain a surety bond or dedicate assets. Certain types of assets have been deleted from the list of those that currently are acceptable to be dedicated to the Department in lieu of obtaining a bond. Language has also been included to clarify the applicability of code requirements relative to an individual who directs the affairs or establishes policy for the applicant or licensee. 7-1-686 Language is included in this provision to update notice requirements regarding a change in the number of the licensee's locations. - 1 - 7-1-687 This amendment clarifies that notification regarding the designation of agents by the licensee must be provided to the Department in writing. 7-1-689 Language has been inserted to provide for the administrative procedures to be followed when bond coverage is not maintained by a licensee. It also changes the procedures to be undertaken when administrative action is taken by the Department against an agent of a licensee. This amendment further provides that any notice or final order sent by certified mail which is returned to the Department as "refused" or "unclaimed" will be deemed to have been received by the addressee. 7-1-689.1 Language has been inserted to provide for changes in procedures when other administrative actions by the Department are taken. The amendment includes a provision that any notice or final order sent by certified mail that is returned to the Department as "refused" or "unclaimed" will be deemed to have been received by the addressee. 7-1-692 This amendment prohibits a licensee from the purposeful withholding, deletion, destruction or alteration of information required by the Department. It also prohibits a licensee from making false statements or material misrepresentations to the Department. Article 4A - Cashing Checks, Drafts, or Money Order for Consideration 7-1-700 The amendment seeks to clarify the existing definition of "check casher" and provide for a definition of a "registered casher of checks" so as to require registration for those engaged in cashing checks for a fee that is limited to the greater of $2.00 or 2% of the face value of the check. 7-1-701 This language change makes this section applicable to registered cashers of checks as well as to licensed check cashers. 7-1-702 This amendment clarifies the Department's obligation to deny applications for and revoke licenses and registrations for felony convictions and streamlines procedures for criminal background checks to be obtained. It also specifies the dates on which licenses and registrations will expire each year. 7-1-704 This language change makes this section applicable to registered cashers of checks as well as to licensed check cashers. 7-1-705 The amendment will make this section applicable to registered cashers of checks as well as to licensed check cashers. Clarification is also included regarding check bearer identification. Requirements to advertise the need to produce identification have been eliminated. 7-1-706 This amendment adds a provision for fees to be charged by a registered check casher at no more than $2.00 or 2% of the face amount of the check. (Licensed check casher fees, which will not be changed by the proposed amendment, are capped at no more than $5.00 or 3% of the face amount of the check.) - 2 - 7-1-707 The language proposed seeks to allow the Department to suspend or revoke a license or registration in an instance in which requested information has been purposefully withheld deleted, destroyed or altered, or when false statements or material misrepresentations have been made to the Department. This section also is made applicable to registered check cashers in addition to licensees. Further, this amendment proposes to change the procedures to be followed when administrative action is taken by the Department against designated persons. It also includes a provision that any notice or final order sent by certified mail that is returned to the Department as "refused" or "unclaimed" will be deemed to have been received by the addressee. 7-1-709 This amendment modifies the availability of exemptions from licensure and provides that the section does not apply to any entity that cashes checks for which no fee is charged. NEW DBF WEBSITE The Department has launched a new website within the State's georgia.gov web portal. It contains a new layout which should provide enhanced navigation. The following information should also provide some quick tips for finding information on our old site. The new site is setup by entity type. The main menu navigation, is in the upper left- hand corner of the main page and contains these options: Consumer Resources Banks & Holding Companies Credit Unions Mortgage Brokers & Lenders Money Service Businesses Publications Laws and Regulations Once you click on any of the entity types from the main page, you will get to submenus where there are more menu choices for that entity type. The new website is designed to put everything (well almost!) the entity needs within their specific menu framework. We hope you find the new redesign easy to navigate and useful to your needs. The search feature has been greatly improved, and should provide you much needed assistance. It is in the upper- right hand corner of each page. Please note the new website address, http://dbf.georgia.gov, but users can still access the site via the URL http://www.gadbf.org and be redirected to our new address. - 3 - CUSTOMER SERVICE GEORGIA Governor Sonny Perdue has a campaign to put new emphasis on customer service, emphasizing easier access to government services, faster processes so customers can get business done quickly, and friendlier service in a customerfocused, goal-oriented culture. It is the Department's goal to provide excellent customer service, meeting and exceeding the expectations of our customers. Along those lines, we would like to recognize the following individuals for going above and beyond in serving our customers during the past quarter: Susan Nelson, Applications Analyst-MSBs (Non-Depository Financial Institutions): The Department received comments in a customer satisfaction survey stating: "I was very satisfied with Susan Nelson's prompt reply on my check cashing application. The whole process was completed without a hitch. Susan was quite easy to work with as well as very expeditious." CCOONNGGRRAATTUULLAATTIIOONNSS AANNDD GGRREEAATT JJOOBB!!!! The Department is the state agency that regulates and examines banks, credit unions, and trust companies chartered by the State. The Department also has regulatory and/or licensing authority over mortgage brokers, lenders, and processors, money service businesses, international banking organizations, and bank holding companies conducting business in Georgia. Our MISSION is to promote safe, sound, competitive financial services in Georgia through innovative, responsive regulation and supervision. Our VISION is to be the best financial services industry regulator in the country Progressive. Proactive. Service-Oriented. - 4 - ADMINISTRATIVE ISSUES ADMINISTRATIVE ACTIONS CEASE AND DESIST ORDERS Issued CAMBIOREAL INCORPORATED, Wilmington DE On February 26, 2007, a Cease and Desist Order issued by the Georgia Department of Banking and Finance ("Department") to CambioReal Incorporated, Wilmington, DE 19810, became final. Williams, Jeanette, Athens, GA On December 13, 2006, Cease and Desist Order issued by the Georgia Department of Banking and Finance ("Department") to Athens Check Exchange, Ltd.'s owner, Jeanette Williams became final on December 13, 2006. Williams, Richard E., Athens, GA On December 13, 2006, Cease and Desist Orders issued by the Georgia Department of Banking and Finance ("Department") to Athens Check Exchange, Ltd.'s employee, Richard E. Williams, became final on December 13, 2006. LICENSE REVOCATIONS Final Athens Check Exchange, Ltd., Athens, GA - February 16, 2007, the Georgia Department of Banking and Finance's ("Department's") decision to revoke the check casher's license of Athens Check Exchange, Ltd., License Number 14795, located at 400 Hawthorne Avenue, Athens, Georgia 30606 became effective under state law. Athens Check Exchange, Ltd.'s license was revoked after the Department determined that this check casher had in its employ a convicted felon. - 5 - QUARTERLY REPORTING - REMINDER Quarterly Reporting: Check Sellers and Money Transmitters It is time once again to provide Quarterly Report information. As with the last reporting period, these reports must be made by the licensee on-line. No electronic submissions to this office will be accepted, with the exception of the initial file submitted when a licensee is first approved. Passwords to the system are provided in a letter notifying licensees of the new process. You may change the password at any time. Quarterly notifications are being sent to each licensee, but once users are familiar with the system and have established their own passwords, the quarterly hardcopy notifications may be suspended licensees will be notified by e-mail only. Please make certain your e-mail on file is correct! Note the screens above. Direct links are available from the Department's MSB website: http://dbf.georgia.gov/msbforms Or you may use the links noted for each type: The websites are: https://bkgfin.dbf.state.ga.us/MTQtrReport.html for Money Transmitters, and: https://bkgfin.dbf.state.ga.us/CSQtrReport.html for licensed Sellers of Checks. Suspicious Activity Reports Reminder Financial Crimes Enforcement Network (FinCEN) has revised Form TD F 90-22.56, Suspicious Activity Report by Money Services Business, to simplify the reporting process. The new report is FinCEN Form 109, Suspicious Activity Report by Money Services Business, and is effective for use on, BUT NOT BEFORE, March 31, 2007. The current form, TD F 90-22.56, will not be accepted by the Enterprise Computing Center-Detroit after September 30, 2007. The ability to file FinCEN Form 109 using E-Filing, or electronic filing, is currently being finalized, as are the Magnetic Media Specifications. The revised SAR-MSB may be found at www.msb.gov under "What's New". Be sure to include the form's instructions, as these contain critical "How to" information for completing the form. Any questions regarding the revised format may be directed to the BSA Forms Manager via the FinCEN Helpline at 1-800-949-2732. - 6 - ACTION ON APPLICATIONS DURING THE PREVIOUS QUARTER APPROVED CHECK CASHERS (License/Registration) Lic# 22125 22152 22124 22128 22129 22142 22153 22116 22156 22160 22161 22162 22172 22174 22180 22181 22165 22192 22193 22194 22203 22133 22155 22210 22212 22218 22208 22239 22240 22243 22244 22249 22250 22252 22251 22253 22217 Company Name Srujal, Inc. JTS Holdings, LLC Swaroop Investments, Inc. Chong Ae Park Jay Joganima Inc. Galaxy Check Cashing, Inc. Pena, Robert E. Osmani Corporation Amanuel's Retailing, Inc. Five K Check Cashing, Inc. Hardeep, Inc. Chun Hung, Inc. Bickley Outdoor Enterprises, Inc. Aum Namah Investment, Inc. V&G Brothers, Inc. Zain G, Inc. Park, Kyung Feria Express, Inc. CYJA, Inc. Jamil Investments, Inc. Williamson's Beverage Center, Inc. L. J. Investments, Inc. RAZN, LLC MR of Shell, Inc. McBrearty, Mike D. Estrada, Jose L. Double Y's Investment, Inc. Fast Stop, Inc. Blue Orange, Inc. FFRJ, Inc. Jai Mataja, Inc. TDIR, Inc. Ramirez, Isidro Bautista Sadguru, LLC Choe, Young W. Cervantes, Felisa Singh, Ajodhia Prasad DBA Conoco Food & Tobacco Mart Latin American Connection A & S Market C & J Company K & C Short Stop #2 Galaxy Check Cashing Latino Services Bilal Halal Meat & Grocery Shell Food Mart Five K Check Cashing Flag Package Store Moreland Package Store Bickley Outdoor Enterprises Citgo Food Mart Orchard Hill Food Mart Zetella Express Big H Quick Mart Feria Express Check Cash Plus S & N Package Store Williamson's Beverage Fuel Market Buford Shell Shurlington Package Store El Sol Skidaway Check Cashing Speed Track Winder Package Store Short Stop Hungry Lion TDIR Tienda La Union Houston Spirits and Tobacco EU Financial Services Dyana's Gifts and Decorations Quik Serve Convenience Store City CEDARTOWN ROSWELL GROVETOWN AUGUSTA DUBLIN CANTON LAWRENCEVILLE ATLANTA STONE MOUNTAIN ATLANTA ATLANTA ATLANTA TALBOTTON MOULTRIE ORCHARD HILL GRIFFIN LAWRENCEVILLE MARIETTA DORAVILLE DECATUR VIDALIA GRIFFIN COMMERCE ATLANTA MACON CALHOUN SAVANNAH DONALSONVILLE WINDER WINDER BAXLEY ATLANTA CALHOUN MACON DULUTH ATHENS GAINESVILLE Type R L R R R L R R R L R L R Approved 01/04/2007 01/04/2007 01/05/2007 01/05/2007 01/05/2007 01/05/2007 01/05/2007 01/08/2007 01/09/2007 01/09/2007 01/09/2007 01/09/2007 01/12/2007 R 01/12/2007 R 01/12/2007 R 01/12/2007 L 01/17/2007 L 01/17/2007 L 01/17/2007 L 01/17/2007 L 01/22/2007 L 01/23/2007 R 01/23/2007 R 01/23/2007 L 01/23/2007 R 01/23/2007 L 01/25/2007 R 01/25/2007 R 01/25/2007 L 01/26/2007 R 01/26/2007 R 01/29/2007 R 01/29/2007 R 01/29/2007 L 01/30/2007 R 01/30/2007 L 02/02/2007 - 7 - Lic# Company Name 22278 RJ's Store, Inc. 22279 22274 22277 22285 22291 22295 22296 22303 22300 22301 22302 22306 22127 22313 22315 22323 22330 22332 22331 22333 22329 22164 22348 Aslam, Muhammad Dutt, Inc. Farhaan Investments, Inc. Shanker Inc Holbrook, Pok Ye Meghna, Inc. Grand Group, Inc. Los Girasoles, Inc. Shree Design, Inc. Shreeji Bava Corporation HBL, Inc. Sky Check Cashing, Inc. Jagi, Inc. Khushi M, Inc. Thaker, Inc. S&S Bottle Shop, LLC Tienda y Carniceria Sonia, Inc. Kusum Enterprises, Inc. Valued Services of Georgia, LLC Sri Khalsa, Inc. Khodal Investments, Inc. Omshrim, Inc. SASA Group, Inc. 22351 22355 22356 22358 22359 22354 22365 22392 22394 22398 22402 22412 22414 22429 22435 22436 22444 22460 Hyunjan, Inc. BIG YHL, Inc. Boulevard Convenience, Inc. Cash Credit Corporation No. 40 McCamey, Cynthia Yvette Tai Seng (USA) Holdings, LLC Sandidge Machine Co., Inc. Downtown Jewelers, Inc. Pawn Max, Inc. Zoya Business, Inc. Khalsa, Inc. Lauderdale, Joe S. Sing Management Corporation Math Check Cashing LLC A+ Financial Services, Inc Royal HIghness, Inc. Pantoja, Martin Patel Enterprises, Inc. DBA RJ's Food Mart Pure Food Mart Discount Liquor Store Alcovy Check Cashers Panola Package Sportsman Package Store #2 Chevron Kwik Stop Food Store Los Girasoles Dixie Package 5 & 20 Package Store HBL Check Cashing Sky Check Cashing Cordele Food Mart Flint River Grocery #2 Thaker S&S Bottle Shop Tienda y Carniceria Sonia Sunny Food Shop Purpose Money Best Value One Shakti Mart ABC Country Shop Sasa Group Jan's Package Shop Check Cashing C & K Check Cashing Amoco Food Shop Cash Credit Check Cashing Yvette's Three In One Business Shell Gas Station Riverside Grocery Jack's Pawn Shop Pawn Max Citgo Food Mart Main Street Package Little Joe's Package Store Flags Village Package Store Math Check Cashing A+ Financial Tienda Mexicana Viva Mexico Hilltop Liquor & Tobacco Store L=Full Service; R=Registrant City LAKE PARK COVINGTON ALBANY DECATUR DECATUR MACON LAWRENCEVILLE LAWRENCEVILLE GAINESVILLE FOREST PARK DOUGLASVILLE BALLGROUND GRIFFIN CORDELE UNADILLA TUCKER CHAMBLEE BUFORD MONROE Type R R R L R L R R L L L L L R R L L L R Approved 02/02/2007 02/02/2007 02/08/2007 02/08/2007 02/08/2007 02/09/2007 02/09/2007 02/09/2007 02/09/2007 02/12/2007 02/12/2007 02/13/2007 02/13/2007 02/16/2007 02/16/2007 02/16/2007 02/16/2007 02/19/2007 02/19/2007 PEACHTREE CITY L STONE MOUNTAIN L AMERICUS L DALTON R LAWRENCEVILLE L 02/20/2007 02/20/2007 02/22/2007 02/23/2007 02/23/2007 SAVANNAH DORAVILLE ATLANTA SOCIAL CIRCLE LAGRANGE MCDONOUGH DALTON DALTON MACON CONYERS EAST POINT COLUMBUS AUSTELL COLLEGE PARK LAWRENCEVILLE DUBLIN ELLIJAY CARTERSVILLE L L L L R L R L L L L L L L L L R R TOTAL 02/23/2007 02/26/2007 02/26/2007 02/26/2007 02/26/2007 02/28/2007 02/28/2007 03/02/2007 03/02/2007 03/02/2007 03/07/2007 03/14/2007 03/14/2007 03/19/2007 03/21/2007 03/21/2007 03/26/2007 03/30/2007 79 - 8 - EXPIRED/CLOSED CHECK CASHERS (License/Registration) Lic# Applicant 9203 Hare & Sheth, Inc. 20599 Super Check Cashing, Inc. 21328 Christine Kwon Enterprises, Inc. 20159 Lawrence Stevens, Inc. 22195 LBN Enterprises, LLC 20281 Meghna Express, Inc. 20717 Reeya & Damini Food Mart, Inc. 20488 Kashi, Inc. 21051 R.J. Food Mart, Inc. 21126 C.O.B. , Inc. 18747 Mountain Shadow Holdings, Inc. 14795 Thelma O. Williams 22089 BBS Enterprise, Inc. 21286 Patel, Arti 21153 Cho & Kim Enterprise, LLC 20142 RS & S Investments, Inc. 21925 Dollar Check Cashing, Inc. Type City LD Atlanta LD Norcross RD Atlanta LD Savannah LD Austell LD Chamblee RD Baxley LD Winder LD Lake Park LD Norcross LD Chamblee LD Athens LD Stone Mountain LD Americus LD Norcross LD Conyers LD Jonesboro Begin Business Closed 07/19/1990 01/08/2007 07/14/2005 01/08/2007 06/01/2006 01/22/2007 02/15/2005 01/22/2007 01/22/2007 04/01/2005 01/25/2007 08/22/2005 01/25/2007 06/13/2005 01/26/2007 12/19/2005 02/01/2007 02/06/2006 02/11/2007 08/22/2003 02/15/2007 08/01/1999 02/16/2007 02/20/2007 03/02/2006 02/20/2007 01/26/2006 02/23/2007 02/04/2005 03/01/2007 10/24/2006 03/19/2007 TOTAL 17 APPROVED/EXPIRED MONEY TRANSMITTERS & SELLERS OF CHECKS LicNUM 22117 22123 22280 22283 Applicant Name Tempus Consulting, Inc. Money Express Financial Corp. Addis International Money Transfer, LLC Ready Remittance Company, LLC 22304 Coinstar E-Payment Services, Inc. 21627 19201 20246 22028 Amanuel's Retailing, Inc. Servimex, Inc. Bancomercio de El Salvador, Inc. Point Financial Corporation ** DBA Addis International Money Transfer Servimex Bancomercia City Washington Coral Gables Stone Mountain Atlanta Greenwood Village Stone Mountain Miami Lakes Falls Church East Point ST DC FL GA GA CO GA FL VA GA ** Licensed Seller of Checks Approved 01/22/2007 01/23/2007 02/07/2007 02/16/2007 02/16/2007 Closed 01/17/2007 TOTAL 02/10/2007 03/16/2007 03/20/2007 9 - 9 - Department Contact Information NAME E-MAIL ADDRESS PHONE# Melinda Kinard, Director of Money Services Businesses and Mortgage Licensing Joel Byers, Supervisory Manager - Money Services Businesses (MSBs) mkinard@dbf.state.ga.us byers@dbf.state.ga.us 770-986-1649 770-986-1656 Peter Lisowski, Financial Examiner lisowski@dbf.state.ga.us 770-986-1315 Teresa Koeppel, Administrative Examiner tkoeppel@dbf.state.ga.us 770-986-1639 Susan Nelson, Applications Analyst nelson@dbf.state.ga.us 770-986-1652 Mailing Address: Department of Banking and Finance 2990 Brandywine Road, Suite 200 Atlanta, GA 30341-5565 Website: http://dbf.georgia.gov Phone & Fax Numbers: Phone: (770) 986-1633 or Toll Free: (888) 986-1633 Fax: (770) 986-1655 or 1029 E-MAILING THE DEPARTMENT The Department would like to encourage you to correspond with us using e-mail. Providing written details in the e-mail regarding any questions or concerns you may have allows the Department to forward the request to the appropriate person who handles that area, and if sufficient details are included in the request, that person can then more efficiently provide you an answer. The main Division e-mail address is dbfmort@dbf.state.ga.us In the event you still need additional information or you do not receive a timely response to your e-mail, please contact us by phone. NOTE: This publication is delivered to interested parties via e-mail and is also available from the Department's website at: http://dbf.georgia.gov under Publications, Bulletins. If you would like to be added to our distribution list, please send an e-mail to dbfcorp@dbf.state.ga.us and indicate your name, the company you are with, license or registration # (if applicable), and phone number. - 10 -