Georgia Department of Banking & Finance ~ Non-Depository Financial Institutions Division
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Inside this Issue:
NMLS Electronic 2 Surety Bonds
Notice of Final 3 Rulemaking
Changes in Control 3 - Ownership and Management
Georgia New 4 Application and
Amendment Checklists
Upcoming Atlanta 4 Check Cashing Classes
Upcoming Dalton 4 Check Cashing Class
Upcoming 2017 5 State Holidays
Contact Information 5
APPENDIX: MSB Activity by Current
License Status
NMLS Money Services Businesses Call Report and 2nd Quarter 2017 Quarterly Reporting
The Department adopted the NMLS Money Services Businesses Call Report (MSBCR) functionality for submission of routine financial and transactional reporting requirements by Seller of Payment Instrument and Money Transmitter Licensees.
The NMLS MSBCR is a mandatory filing for Seller of Payment Instrument and Money Transmitter Licensees and is due 45 days after the quarter end (August 14, 2017).
Licensees should follow the instructions and directions provided by NMLS for completing the MSBCR requirement, in addition to updating the Uniform Authorized Agent Report. Licensees will also be required to continue to submit Average Daily Balance of Outstandings directly to the Department, outside of the NMLS, through the existing webform.
All updates and resources will be posted on the MSB Call Report page on the NMLS Resource Center. Likewise, the Department will continue to communicate with its licensees for reporting requirements outside of NMLS.
In addition to completing the Department's webform, agent/office information must be uploaded via the UAAR in the NMLS to complete your quarterly reporting. If you have no agents or offices, you must still report through the NMLS. Questions regarding the UAAR should be directed to the NMLS Call Center at 1-855-NMLS-123 (1-855-665-7123).
Please complete and submit all reports by August 14, 2017.
Licensees that fail to file all required reports by the deadline will be assessed a fine of $1,000 and may subject their Georgia license to revocation.
If you have additional questions, please e-mail the Department's MSB Section at msb@dbf.state.ga.us.
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2nd Quarter 2017
NMLS Electronic Surety Bonds
All new applicants for a money transmitter or seller of payment instrument license must utilize the Electronic Surety Bonds (ESB) feature through the NMLS to meet Georgia's surety bond requirements. For existing licensees, electronic bond conversion has begun. The deadline for conversion is December 31, 2017.
Please refer to the ESB for Licensees resources on NMLS found at: http://mortgage.nationwidelicensingsystem.org/Pages/ESBforNMLSLicensees.aspx.
Bonds for Existing Company Licensees Must be Marked "Converted"
When creating an ESB through NMLS, the surety entity has the option of choosing a new or a converted bond. Before delivering an ESB to the Department, existing licensees should ensure that the surety entity submits a converted ESB through NMLS. If the licensee finds that the bond is not a converted bond, the company user should use the Return to Surety functionality to return the bond to the surety entity prior to delivery to the Department.
The converted bond is the conversion of a licensee's paper bond, including any associated riders for such paper bond, issued outside the NMLS (collectively referred to as "original bond") into an electronic form. The bond number on the ESB should be the same as the number that appears on the original bond form that was submitted in hard copy. The amount of the ESB must represent the current bond obligation, including all riders issued since the original date of the bond.
Bond Execution and Delivery to the Regulator: Georgia requires that a Control Person (MU2) be designated as a signatory for the ESB execution process. Once the Control Person has signed the bond, the bond must be marked "Ready" by a company user. Marking a bond "Ready" indicates an executed original or converted bond is ready for delivery to the regulator.
To complete the bond submission process, the company user must return to the company account and complete the Mark Ready process to prepare the bond for submission to the regulator.
If the corresponding license request has not yet been submitted, the bond is delivered to the regulator immediately upon submission of the license application. Bonds that have been delivered will no longer show on the Bonds Pending Action page.
Companies may find the following resource helpful in ensuring that they have properly executive and delivered the bond to the regulator--http://mortgage.nationwidelicensingsystem.org/licensees/resources/LicenseeResources/ Bond%20Execution%20(Company).pdf
COMMONLY USED ACRONYMS
CC -- Check Casher License Department -- Ga. Department of Banking and Finance ESB -- Electronic Surety Bond MSB -- Money Services Business MSBCR -- Money Services Businesses Call Report
MT -- Money Transmitter License NMLS or NMLSR -- Nationwide Multistate Licensing System & Registry O.C.G.A. -- Official Code of Georgia Annotated
SPI -- Seller of Payment Instruments License
UAAR -- Uniform Authorized Agent Report
2nd Quarter 2017
Page 3
Notice of Final Rulemaking
On Thursday, June 29, 2017, the Department of Banking and Finance (Department) adopted Final Rules. The Rules were filed with the Secretary of State on June 29, 2017 and, pursuant to O.C.G.A. 50-13-6, will be effective on July 19, 2017 which is twenty days (20) following the filing of the Rules with the Secretary of State.
Prior to adopting the Rules, the proposed Rules along with a synopsis were distributed on May 25, 2017. The Department received four (4) written comments regarding the proposed Rules. The Department fully considered the comments it received and made substantive revisions to proposed rule 80-13-1-.02 in response to the comments. The Department believes that the Rules as adopted encourage safety and soundness, and conform to the law.
To view or download the Final Rules, go to Regulations page on the Department's website (https:// dbf.georgia.gov/dbf-regulations) and select the appropriate link for the Final Rules, OR you may access them directly from: 2017 DBF Final Rulemaking: 6-29-17
Changes in Control - Ownership and Management
Licensed MSBs must submit a written request for approval by the Department prior to any proposed changes in ownership, control persons, or executive officers.
The changes that must comply with this requirement are those in which a person will directly (or indirectly) own or control 10 percent or more of the business organization. It also affects those changes in which a person will exert control over the organization, regardless of whether such person directly or indirectly owns a stake in the organization. Control is defined as directly or indirectly having the power to direct the management or policies of the licensed entity.
The written request for the Department's approval must be submitted 30 days prior to the date of proposed change AND the proposed change cannot take effect without written approval from the Department. A non-refundable $500 application fee will be assessed by the Department via an Agency Fee Invoice through the NMLS upon receipt of the related jurisdictional documents for the requested change. In the event that the proposed change becomes effective without the Department's approval, a fine of $1,000 will be assessed. In addition to a fine, the Department may initiate an administrative action against the licensee.
Please keep in mind that the submission of an amendment through the NMLS for an Advance Change Notice (ACN) does not constitute the required written request to the Department for prior approval of the proposed change.
For additional guidance/instructions on how to submit a written request, please follow these links to the appropriate Amendment checklist on the NMLS:
Georgia Check Casher License Amendment Georgia Money Transmitter License Amendment Georgia Seller of Payment Instruments License Amendment
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2nd Quarter 2017
Georgia New Application and Amendment Checklists
Please visit the NMLS Resource Center for our most current checklists and jurisdictional forms. When making any change to your NMLS record, please consult the appropriate Amendment checklist.
Using outdated forms will delay the processing of applications and other approval requests.
Georgia Check Casher License Georgia Money Transmitter License Georgia Seller of Payment Instruments License
New Application Amendment
New Application Amendment
New Application Amendment
Upcoming Atlanta Check Cashing Class
The Department offers a check cashing class that benefits first-time and experienced check cashers. These classes generally last about an hour. There is no cost for the class and it is a great way to learn about Georgia law, Department regulations, the Bank Secrecy Act ("BSA") and Anti-Money Laundering ("AML") requirements. During examinations, those who have attended the class have stated that the knowledge and information they gained helped prevent violations and avoid the imposition of fines.
As a further benefit, the Department provides a certificate of attendance that licensees may use as evidence of training received on BSA and Anti-Money Laundering.
The classes are limited to a maximum of seven attendees, so you must make an advance reservation by calling 770-986-1652 or emailing msb@dbf.state.ga.us. Reserve your seat now! We look forward to seeing you.
Upcoming Atlanta Check Casher Class* September 6, 2017, 10:00 AM December 6, 2017, 10:00 AM
* Please note that the class schedule is subject to change
Upcoming Dalton Check Cashing Class
The Department will be holding a check cashing class in Dalton, Georgia on Tuesday, September 19, 2017, from 10:00 AM - 12 PM (Sign in will begin at 9:00). The class will be held at the Northwest Georgia Trade and Convention Center, 2211 Dug Gap Battle Road, Dalton, Georgia 30720. The class will take place in the blue lecture hall in the upper level of the building - see the map of the building below for the Northwest Georgia Trade and Convention Center.
Please refer to their website for more details about the location http://www.visitdaltonga.com/convention-center/ plan-your-meeting/our-facility/floor-plans/ To reserve a seat, please contact us at 770-986-1652 or send an email to msb@dbf.state.ga.us.
2nd Quarter 2017
Upcoming 2017 State Holidays--State Offices Closed
Labor Day -- Monday, September 4th Columbus Day -- Monday, October 9th
Page 5
Department Contact Information
NAME Fernando Ornelas, Supervisory Examiner Ana Contreras, Senior Assistant Financial Examiner Byron Larios, Assistant Financial Examiner
E-MAIL ADDRESS fornelas@dbf.state.ga.us acontreras@dbf.state.ga.us blarios@dbf.state.ga.us
PHONE# (770) 986-1313 (770) 986-1652 (770) 986-1639
Corresponding with the Department
When corresponding with the Department, e-mail communication is preferred. Providing written details in the email 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 with an answer. The main Division e-mail address is msb@dbf.state.ga.us.
Since the Department's main method of communicating with licensees is via e-mail, it is very important that you supply the Department with a valid e-mail address and that you keep us informed if your e-mail address changes. Please be sure that your e-mail account does not divert Department e-mail to your spam or junk folder.
Page 6
Georgia Department of Banking and Finance
2990 Brandywine Road Suite 200
Atlanta, Georgia 30341-5565
Phone: (770) 986-1633 Fax: (770) 986-1655 or 1029 Email: msb@dbf.state.ga.us
2nd Quarter 2017
The Department is the state agency that regulates and examines Georgia statechartered banks, state-chartered credit unions, and state-chartered trust companies. The Department also has responsibility for the supervision, regulation, and examination of Merchant Acquirer Limited Purpose Banks (MALPBs) chartered in Georgia.
In addition, the Department has regulatory and/or licensing authority over mortgage brokers, lenders and processors, mortgage loan originators, check cashers, sellersissuers of payment instruments, money transmitters, 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 a willing and able partner with our regulated entities in order to support vibrant economic growth and prosperity in Georgia.
Sign-up to Receive this Publication
This quarterly publication highlights topics and activities pertaining to the Department's regulation of state-licensed Money Service Businesses (MSBs). Notification is delivered to interested parties via e-mail. Licensee primary contacts are automatically subscribed to receive Department publications appropriate to their particular industry.
If you would like to be added to our distribution list, please go to our homepage (dbf.georgia.gov) and look for the Stay Connected e-mail subscription box. This will take you to our new subscription service provided by GovDelivery (also known as Granicus). Notifications regarding subscriptions will originate from Department of Banking and Finance GADBF@public.govdelivery.com.
APPENDIX
License Status Approved Denied Revoked Terminated Expired Terminated Ordered to Surrender
Terminated Surrendered/Cancelled
Definition
The entity has an Approved licens e.
The entity applied for a licens e and the reques t was Denied. The entity's licens e was Revoked and the entity is no longer authorized to conduct business.
The entity failed to renew. An entity has been ordered to s urrender their approved licens e. The entity is not authorized to conduct busines s. The entity has reques ted a s urrender/cancelation of their licens e and the regulator has granted this surrender/ cancelation request.
MSB ACTIVITY BY CURRENT LICENSE STATUS
GA Check Casher License
Approved
NMLS# License#
Company Name
1240338
29767
MIRA ENTERPRISES
1601176
55881
YOG Foodmart LLC
1447496
49215
D & G Burke Dawgs LLC
1241265
18252
JJoy Cashing Checks Services, L.L.C.
1576462
55836
KRISH FOODS LLC
1595032
56072
GRICELDA ULLOA PIERCE
1612352
55969
SHREE GAJKARNA CORPORATION
1585073
56178
Geeta Managment Llc
1572926
54041
Happy N Joy INC
1377288
46690
Happy Go Lucky, Inc.
1622807
56424
Pritam enterprises llc
1557653
54856
SAT JALARAM
1574882
56350
MEMORIAL EXPRESS INC
1622111
56485
khodiyar seven corp.
1256032
44363
BACONTON INVESTMENTS INC
1605660
56774
RED LATINA LLC
1622132
56718
R & C Solutions LLC
1634670
57005
AIS BUSINESS INC
1637066
57025
Tienda La Union
1636961
56924
Guru Mata Llc
Date 04/03/2017 04/03/2017 04/10/2017 04/12/2017 04/13/2017 04/18/2017 04/20/2017 04/20/2017 05/01/2017 05/08/2017 05/08/2017 05/08/2017 05/22/2017 05/24/2017 05/26/2017 05/30/2017 06/13/2017 06/16/2017 06/16/2017 06/22/2017
City BERLIN Blackshear Waynesboro Gainesville AMERICUS GAINESVILLE DAWSONVILLE Lawrenceville Macon Marietta savannah FITZGERALD DECATUR woodbine VALDOSTA MARIETTA Valdosta Austell Calhoun NEWNAN
State GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA GA
Appendix 1 of 2
1644910 1611337
57227 57040
Wild 3434 Inc LODHI 9 FOOD MART LLC
22
Terminated - Expired
NMLS# License#
1264213
41937
NAZA Food Inc.
Company Name
1
GA Money Transmitter License
Approved
NMLS# License#
Company Name
1533796
53148
BRAZJET EXPRESS INC.
1353190
53427
Klarna Inc.
1567523
56242
Lifeline Legal Funding LLC
1168701 1561676
54666 55786
Finxera, Inc. Nairagram LLC
5
GA Seller of Payment Instruments License
Approved
NMLS# License#
Company Name
1573723
55968
Clark, Sharp & Reynolds, LLC
1574869 1380271
55787 55996
Wyre Payments, Inc. DFS GSD Corp.
1584874
56693
Mercury Service Group LLC
4
Terminated - Surrendered/Cancelled
NMLS# License#
Company Name
1214068
43826
CMO, Inc.
1
06/28/2017 Columbus
GA
06/28/2017 MABLETON
GA
Date 04/04/2017
City Macon
State GA
Date 04/06/2017 05/03/2017 06/01/2017 06/26/2017 06/28/2017
City Deerfield Beach Columbus Atlanta San Jose Suwanee
State FL OH GA CA GA
Date 04/21/2017 06/02/2017 06/12/2017 06/19/2017
City Fort Worth San Francisco Phoenix Hauppauge
State TX CA AZ NY
Date 06/16/2017
City Melbourne
State FL
Appendix 2 of 2