§ 36a-597 — (Formerly Sec. 36-532). License required. Penalty.

Connecticut § 36a-597

• Jurisdiction: Connecticut
• Title 36a: The Banking Law of Connecticut
• Ch. 668: Nondepository Financial Institutions

Text

(a) No person shall engage in the business of money transmission in this state, or advertise or solicit such services, without a main office license issued by the commissioner as provided in sections 36a-595 to 36a-612, inclusive, except as an authorized delegate of a person that has been issued a license by the commissioner and in accordance with section 36a-607. Any activity subject to licensure pursuant to sections 36a-595 to 36a-612, inclusive, shall be conducted from an office located in a state, as defined in section 36a-2. On and after October 1, 2024, any person who owns, operates, solicits, markets, advertises or facilitates virtual currency kiosks in this state shall be deemed to be engaged in the business of money transmission in this state and shall be subject to licensure pursuant to sections 36a-595 to 36a-612, inclusive. A person engaged in the business of money transmission is acting in this state under this section if such person: (1) Has a place of business located in this state, (2) receives money or monetary value in this state or from a person located in this state, (3) transmits money or monetary value from a location in this state or to a person located in this state, (4) issues stored value or payment instruments that are sold in this state, (5) sells stored value or payment instruments in this state, or (6) owns, operates, solicits, markets, advertises or facilitates virtual currency kiosks physically located in this state. (b) Any person who knowingly engages in the business of money transmission in this state, without obtaining a license, as provided in sections 36a-595 to 36a-612 , inclusive, shall be guilty of a class D felony. Each transaction in violation of the provisions of this subsection shall constitute a separate offense.

Legislative History

(P.A. 81-264, S. 3; P.A. 01-56, S. 4; P.A. 03-61, S. 3; P.A. 04-61, S. 1; P.A. 09-208, S. 14; P.A. 13-253, S. 3; P.A. 16-65, S. 7; P.A. 18-173, S. 50; P.A. 24-146, S. 2.) History: Sec. 36-532 transferred to Sec. 36a-597 in 1995; P.A. 01-56 changed “Connecticut instruments” to “Connecticut payment instruments” and reworded language re money transmission; P.A. 03-61 substituted “or an entity or a person exempt under section 36a-609 and in accordance with” for “as provided in”; P.A. 04-61 designated existing provisions as Subsec. (a) and added new Subsec. (b) re criminal penalty for knowingly engaging in business of issuing Connecticut payment instruments or money transmission without a license; P.A. 09-208 amended Subsec. (a) by removing references to “subagents” of licensees, requiring licensee and agent to notify commissioner in writing of the termination of the contract between them, and making technical changes, effective July 7, 2009; P.A. 13-253 amended Subsec. (a) by deleting references to issuing Connecticut payment instruments, adding provision requiring that money transmission occur in this state and prohibiting the advertising or soliciting of money transmission services without a license, deleting references to Sec. 36a-600, adding reference to Secs. 36a-611 and 36a-612, changing “agent” to “authorized delegate”, deleting provision re entity or person exempt under Sec. 36a-609, adding provision re when person deemed to be engaged in the business of money transmission and making technical changes, and amended Subsec. (b) by deleting reference to issuing Connecticut payment instruments, adding provision requiring that money transmission occur in this state and replacing reference to Sec. 36a-600 with reference to Secs. 36a-595 to 36a-612; P.A. 16-65 amended Subsec. (a) by replacing “person shall be deemed to be engaged in the business of money transmission in this state” with “person engaged in the business of money transmission is acting in this state under this section” and, in Subdiv. (1), adding “located”, effective July 1, 2016; P.A. 18-173 amended Subsec. (a) by adding “main office”, adding provision re licensed activity to be conducted from office located in a state and deleting provision re licensee to notify the commissioner of termination of contract between the licensee and authorized delegate; P.A. 24-146 amended Subsec. (a) to add provisions re persons who own, operate, solicit, market, advertise or facilitate virtual currency kiosks being deemed to be in the business of money transmission and subject to licensure, make a conforming change and add Subdiv. (6) re owning, operating, soliciting, marketing, advertising or facilitating virtual currency kiosks.