This chapter does not apply to the
following:
(1)An operator of a payment system, to the extent that the
operator provides processing, clearing, or settlement services,
between or among licensees or persons exempt under this section,
in connection with wire transfers, credit card transactions, debit
card transactions, stored value transactions, automated
clearinghouse transactions, or similar funds transfers.
(2)A person appointed as an agent of a payee to collect and
process a payment from a payor to the payee for goods or
services, other than money transmission itself, provided to the
payor by the payee, if all of the following apply:
(A)There exists a written agreement, between the payee and
the agent, directing the agent to collect and process payments
from payors on the payee's beh
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This chapter does not apply to the
following:
(1) An operator of a payment system, to the extent that the
operator provides processing, clearing, or settlement services,
between or among licensees or persons exempt under this section,
in connection with wire transfers, credit card transactions, debit
card transactions, stored value transactions, automated
clearinghouse transactions, or similar funds transfers.
(2) A person appointed as an agent of a payee to collect and
process a payment from a payor to the payee for goods or
services, other than money transmission itself, provided to the
payor by the payee, if all of the following apply:
(A) There exists a written agreement, between the payee and
the agent, directing the agent to collect and process payments
from payors on the payee's behalf.
(B) The payee holds the agent out to the public as accepting
payments for goods or services on the payee's behalf.
(C) Payment for the goods and services is treated as received by
the payee upon receipt by the agent, so that the payor's
obligation is extinguished, and there is no risk of loss to the
payor, if the agent fails to remit the funds to the payee.
(3) A person that acts as an intermediary by processing payments
between a person that has directly incurred an outstanding money
transmission obligation to a sender, and the sender's designated
recipient, if the person:
(A) is properly licensed or exempt from licensing requirements
under this chapter;
(B) provides a receipt, electronic record, or other written
confirmation to the sender identifying the person as the
provider of money transmission in the transaction; and
(C) bears sole responsibility to satisfy the outstanding money
transmission obligation to the sender, including the obligation
to make the sender whole in connection with any failure to
transmit the funds to the sender's designated recipient.
(4) The United States, or a department, agency, or instrumentality
of the United States, or its agent.
(5) Money transmission by the United States Postal Service or by
an agent of the United States Postal Service.
(6) A state, county, or city, or any other:
(A) governmental agency; or
(B) governmental subdivision or instrumentality;
of a state, or its agent.
(7) A federally insured depository financial institution, bank
holding company, office of an international banking corporation,
foreign bank that establishes a federal branch under the
International Bank Act (12 U.S.C. 3102), corporation organized
under the Bank Service Corporation Act (12 U.S.C. 1861-1867),
or corporation organized under the Edge Act (12 U.S.C. 611-633).
(8) Any of the following that is organized under the laws of any
state of the United States:
(A) A trust company.
(B) A corporate fiduciary.
(C) An industrial loan corporation.
(9) Electronic funds transfer of governmental benefits for a
federal, state, county, or governmental agency by a contractor on
behalf of:
(A) the United States or a department, agency, or
instrumentality of the United States; or
(B) a state or governmental subdivision, agency, or
instrumentality.
(10) A:
(A) board of trade designated as a contract market under the
federal Commodity Exchange Act (7 U.S.C. 1-25); or
(B) person that, in the ordinary course of business, provides
clearance and settlement services for a board of trade;
to the extent of its operation as or for such a board.
(11) A registered futures commission merchant under federal
commodities laws, to the extent of its operation as such a
merchant.
(12) A person registered as a securities broker-dealer under
federal or state securities laws, to the extent of its operation as
such a broker-dealer.
(13) An individual employed by:
(A) a licensee;
(B) an authorized delegate; or
(C) a person exempted from the licensing requirements of this
chapter;
when acting within the scope of employment and under the
supervision of the licensee, authorized delegate, or exempted
person as an employee and not as an independent contractor.
(14) A person expressly appointed as a third party service
provider to or agent of an entity exempt under subdivision (7),
solely to the extent that:
(A) the service provider or agent is engaging in money
transmission on behalf of, and pursuant to a written agreement
with, the exempt entity, and the agreement sets forth the
specific functions that the service provider or agent is to
perform; and
(B) the exempt entity assumes all risk of loss and all legal
responsibility for satisfying the outstanding money transmission
obligations, owed to purchasers and holders of those
outstanding money transmission obligations, upon the service
provider's or agent's receipt of the purchasers' or holders' money
or monetary value.
(15) A person exempt by regulation or order if the director finds
that:
(A) an exemption is in the public interest; and
(B) regulation of the person is not necessary for the purposes of
this chapter.