§ 28-8-4.1-101 Citation as Money Transmission Modernization Act
§ 28-8-4.1-102 Purposes and policies
§ 28-8-4.1-201 Definitions; applicability
§ 28-8-4.1-301 Exempt persons
§ 28-8-4.1-302 Person claiming exemption; director’s authority to require information and documentation
§ 28-8-4.1-401 Authority of director of department of financial institutions; authority of department
§ 28-8-4.1-402 Confidential information; reporting violations and complaints to the NMLS; director’s authority to use the NMLS; information or material subject to privilege or confidentiality; release of information
§ 28-8-4.1-403 Director’s authority to conduct examinations and investigations; access to records; costs of examination; persons operating without a license
§ 28-8-4.1-404 Director’s authority to participate in multistate supervisory processes; authority to take independent action not waived
§ 28-8-4.1-405 Federal law governing money transmission; state law preempted to extent of inconsistency; director’s authority to provide interpretive guidance
§ 28-8-4.1-406 Outside vendor providing services to licensee; department’s authority to examine; expense of examination; refusal to permit examination
§ 28-8-4.1-501 Engaging in the business of money transmission; license required; exceptions; license not transferrable or assignable
§ 28-8-4.1-502 Multistate licensing processes and nationwide protocols for licensing; director’s authority to use the NMLS
§ 28-8-4.1-503 Application for license; contents; applications by business entities; required fees; director’s authority to waive or substitute requirements
§ 28-8-4.1-504 Required information for individuals; investigative background reports; director’s authority to waive or substitute requirements
§ 28-8-4.1-505 Department’s approval or denial of application; time frame; conditions for approval; applicant subject to multistate licensing process; written notice of denial; term of license
§ 28-8-4.1-506 Annual license renewal; fee; term of renewal; renewal report; director’s use of the NMLS
§ 28-8-4.1-507 Department’s authority to suspend or revoke license; obligation to meet tangible net worth, surety bond, and permissible investment requirements
§ 28-8-4.1-601 Acquiring control of licensee; application to department; time frame for approval or denial; conditions for approval; applicant subject to multistate licensing process; written notice of denial; exempt persons and transactions; advance determination of co
§ 28-8-4.1-602 Adding or replacing key individual; notice to department; department’s authority to disapprove; time frames; licensee subject to multistate licensing process
§ 28-8-4.1-701 Quarterly report of conditions; contents
§ 28-8-4.1-702 Annual audited financial statement; accountant’s certificate of opinion
§ 28-8-4.1-703 Quarterly report of authorized delegates; contents
§ 28-8-4.1-704 Civil and criminal proceedings; licensee’s notice to director
§ 28-8-4.1-705 Duty to comply with federal and state reporting requirements pertaining to money laundering
§ 28-8-4.1-706 Record keeping; required information; retention
§ 28-8-4.1-801 Authorized delegate; required contract; contents; notice of action taken against license; money held in trust for benefit of licensee; subdelegates prohibited
§ 28-8-4.1-802 Money transmission on behalf of unlicensed or nonexempt person prohibited; joint and several liability
§ 28-8-4.1-803 Action by licensee against authorized delegate; jurisdiction; equitable or legal relief; reporting of court order; authorized delegate’s knowing failure to remit money held in trust; criminal offense
§ 28-8-4.1-901 Licensee’s duty to forward money received for transmission; exception
§ 28-8-4.1-902 Duty to refund money received for transmission; exceptions
§ 28-8-4.1-903 Receipts for money received for transmission; form; required information
§ 28-8-4.1-1001 Duty to maintain tangible net worth; amount; director’s authority to exempt applicant or licensee
§ 28-8-4.1-1002 Surety bond; amount of required security
§ 28-8-4.1-1003 Permissible investments; statutory trust
§ 28-8-4.1-1004 Enumeration of permissible investments; letter of credit naming department as beneficiary; enumeration of permissible investments subject to limitations
§ 28-8-4.1-1005 Policy of insurance against loss by criminal act or act of dishonesty; required sum
§ 28-8-4.1-1101 Revocation or suspension of license; order to show cause; findings by the department; entry of order; relinquishment of license; existing contractual obligations; emergency or temporary order
§ 28-8-4.1-1102 Prohibition against designating current authorized delegate; order to show cause; findings by the department; entry of order; relinquishment of designation as authorized agent; existing contractual obligations; emergency or temporary order
§ 28-8-4.1-1103 Failure to renew license; revocation or suspension of license; reinstatement; right to appeal
§ 28-8-4.1-1104 Applicability of law governing administrative orders and procedures; venue
§ 28-8-4.1-1105 Violations; department’s authority to impose civil penalty; amount
§ 28-8-4.1-1106 Violations; director’s authority to compromise, settle, and collect civil penalties
§ 28-8-4.1-1107 Violations; director’s authority to apply for injunctive relief
§ 28-8-4.1-1108 Consent order; not an admission or finding of violation
§ 28-8-4.1-1109 Material, false statements, or omissions in documents; failure to file required documents; criminal offense
§ 28-8-4.1-1110 Applicability of rulemaking statute; notice to licensees and license applicants
§ 28-8-4.1-1201 Applying and construing law; consideration of uniformity of law among enacting states
§ 28-8-4.1-1202 Severability of provisions
§ 28-8-4.1-1203 Persons licensed to engage in money transmission before January 1, 2024; amendment of authorized delegate contracts; authorized delegate’s duty to comply
§ 28-8-4.1-1204 Corporations and limited liability companies as licensees; good standing in state of incorporation
§ 28-8-4.1-1205 Person on tax warrant list; issuance or renewal of license prohibited; notice of release of warrant
§ 28-8-4.1-1206 Administration by division of consumer credit

Terms Used In Indiana Code > Title 28 > Article 8 > Chapter 4.1 - Money Transmission Modernization Act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5