Code of Massachusetts Regulations
209 CMR - DIVISION OF BANKS AND LOAN AGENCIES
Title 209 CMR 45.00 - The Licensing and Regulation of Money Services Businesses
Section 45.05 - Licensing Standards

Universal Citation: 209 MA Code of Regs 209.45

Current through Register 1531, September 27, 2024

(1) A license to engage in the business of check selling, check cashing or foreign transmittal will be issued to an applicant if the Commissioner, upon review of the application and all other relevant information, determines that the applicant has met all of the requirements of 209 CMR 45.03 or 45.04, M.G.L. c. 167F, § 4, c. 169, or c. 169A, as applicable.

(2)

(a) The Commissioner may deny an application if the Commissioner upon review of the application and other relevant information, determines that the applicant has not satisfied the requirements of 209 CMR 45.03 or 45.04, M.G.L. c. 167F, § 4, c. 169, or c. 169A, as applicable.

(b) The Commissioner may also deny such an application or the renewal thereof if the applicant has:
1. violated any provisions of M.G.L. c. 167F, § 4, c. 169, or c. 169A, or 209 CMR 45.00;

2. violated or engaged in a pattern of violations of any state or federal law applicable to the conduct of the licensed business, or any rule, regulation, or administrative order or directive promulgated thereunder;

3. conducted or will conduct its business in an unsafe or unsound manner;

4. engaged in conduct which has resulted in the suspension or revocation of its license to engage in the business of a check seller, foreign transmittal agency, check casher, or any other business by any licensing authority of any state;

5. made a false statement of a material fact in the application for a license;

6. an adverse credit history as determined by the Commissioner in a current credit report; or

7. ever:
a. been convicted of or pleaded nolo contendere to a felony; or

b. committed an act involving fraud or deceit, which act is substantially related to the qualifications, functions, or duties of a person engaged in the licensed business.

(3) The Commissioner may deny an application for a check casher license under M.G.L. c. 169A if a check cashing store located at the address at which the applicant intends to operate its business has had its check casher license revoked within six months of the date of the new application.

(4) An applicant for a check seller license or for a foreign transmittal agency license whose application has been denied may appeal the Commissioner's action under M.G.L. c. 30A.

(5) An applicant for a check casher license whose application has been denied under 209 CMR 45.05(2) or (3) may appeal the Commissioner's action to the superior court sitting in the county in which the business of the applicant is located pursuant to M.G.L. c. 169A, § 4.

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