New York Codes, Rules and Regulations
Title 3 - BANKING
Chapter III - SUPERINTENDENT'S REGULATIONS
Subchapter B - NON-BANKING ORGANIZATIONS
Part 406 - Money Transmitters
Section 406.2 - Definitions
Current through Register Vol. 46, No. 12, March 20, 2024
For purposes of this Part:
(a) The term money transmission shall include all instruments sold or issued including travelers checks, money orders, checks, drafts, orders, wire or electronic transfers, facsimile transfers and shipments by courier for the transmission or payment of money.
(b) The term travelers check means an instrument for the payment of money which:
(c) The term money order means an instrument for the payment of money (whether or not negotiable) which:
(d) The terms person, licensee and check shall have the respective meanings specified in Banking Law, section 640.
(e) The terms agent and subagent means any person designated or appointed by the licensee to engage in money transmission at locations other than an office of the licensee as provided in Banking Law, section 648, but does not include licensed cashers of checks which act as agents of licensed money transmitters under applicable regulations.
(f) The term corporate licensee shall include any licensee, wherever organized, which is a corporation or association, having written articles of incorporation or association, but shall not include a partnership.
(g) The term principal officer means chairman of the board, president, chairman of the executive committee, executive vice-president, comptroller, and any other persons who perform similar functions.
(h) The term principal stockholder means any person (or group of persons acting in concert) who is the beneficial owner of 25 percent or more of outstanding voting shares of any class.
(i) The term control shall have the meaning specified in Banking Law, section 652-a.
(j) The terms fund, holder(s), New York instrument(s), New York traveler's check(s), purchaser(s) and uninsured money transmitter shall have the respective meanings specified in Banking Law, section 653.
(k) Notwithstanding the foregoing definitions, no person who issues or delivers a check, draft or other instrument or document for the transmission or payment of money or which evidences an obligation for the transmission or payment of money, shall be deemed to have issued or sold such check, draft, instrument or document, within the meaning of section 653(6), (9) or 640(4) of the Banking Law if such check, draft instrument or document:
(l) The term agent of a payee means any person authorized by a payee to receive funds on behalf of the payee and to deliver such funds received from the payor to the payee.