Form 107 - Registration Of Money Services Business Instructions

ADVERTISEMENT

Rev. 7/10
FinCEN Form 107a
Registration of Money Services Business Instructions
1
General Information
value, the provision of stored value services does
9. A “redeemer” is a business that accepts
not relieve it of the responsibility to register , if
instruments in exchange for currency or other
required, as a provider of those other services.
instruments for which it is not the issuer. You are
Who Must Register
not a redeemer if you take the instruments in
For the regulatory definition of “money services
exchange for goods or general services, provided
Generally each money services business must
business” see 31 CFR 1010.100(t) and (ff).
that the amount of cash returned is not more than
register with the Department of the Treasury. This
$1,000 for any one customer on any day .
form must be used by a money services business
The following terms are used in the form and
(also referred to as an MSB) to register . However,
instructions to describe a money services business:
10. A “seller” is a business that issuers authorize,
not all MSBs are required to register . For example,
through written agreement or otherwise, to sell
if you are an MSB solely because you are an agent
1. An “agent” is a separate business entity from the
their instruments or their send and receive transfer
of another MSB, you are not required to register.
issuer that the issuer authorizes, through written
services.
The discussion below will help you determine
agreement or otherwise, to sell its instruments or,
whether or not you are an MSB that is required to
in the case of funds transmission, to sell its send
11. A “transaction account” is a deposit or account
register. For more information visit
and receive transfer services. A person who is
on which the depositor or account holder is
permitted to make withdrawals by negotiable or
solely an employee of the MSB is not an agent of
The term money services business includes:
that MSB.
transferable instrument, payment orders of
1. Currency dealers or exchangers who exchange
withdrawal, telephone transfers, or other similar items
more than $1,000 for any one customer on any
for the purpose of making payments or transfers to
2. A “branch” is an owned location of either an
day.
issuer or agent at which financial services are sold.
third persons or others. Such terms include demand
An MSB should not separately register each of its
deposits, negotiable order of withdrawal accounts,
2. Check cashers who cash checks totaling more
savings deposit subject to automatic transfers, and
branches. A mobile operation owned by an MSB is
than $1,000 for any one customer on any day .
a branch of that MSB. The MSB’s headquarters is
share draft accounts. See 12 USC 461(b)(1)(c).
not a branch. If the MSB has only one location,
3. Issuers of traveler’s checks, money orders or
When to Register
that location is not a branch.
stored value who issue more than $1,000 in
traveler’s checks, money orders or stored value
3. A “check casher” is a person engaged in the
Initial registration: File the form within 180 days
for any one customer on any day .
business of providing cash to persons in return for
after the date the business is established.
a check.
4. Sellers of traveler’s checks, money orders or
Renewal: Each MSB must renew its registration
stored value who sell more than $1,000 in traveler’s
every two years, on or before December 31. See
4. A “currency dealer or exchanger” is a person
checks, money orders or stored value for any one
who engages in the physical exchange of currency
31 CFR 1022.380(b)(2).
For example, if an MSB
customer on any day .
for retail customers.
registered on October 15, 2003, it must file a
renewal by December 31, 2004, and then every
5. Redeemers of traveler’s checks, money orders
5. “Informal value transfer system”. See explanation
24 months thereafter (on or before December 31,
or stored value who redeem more than $1,000 in
of the term money transmitter.
2006, then December 31, 2008, etc.).
Renewals
traveler’s checks, money orders or stored value
must be submitted on a new Form 107. Photo
for any one customer on any day .
6. An “issuer” is the business that is ultimately
copies of previously submitted forms or
responsible for payment of money orders or
facsimiles will not be accepted for renewal
6. Money transmitters.
travelers checks as the drawer of such instruments,
purposes
or a money transmitter that has the obligation to
7. U.S. Postal Service.
guarantee payment of a money transfer .
Correction: Use the form to correct a prior report.
Complete Part I in it s entirety and only those other
The following are not required to register:
7. A “money transmitter” is a person that engages
entries that are being added or changed. Staple a
1. A business that is an MSB solely because it serves
as a business in the transfer of funds through a
copy of the prior report (or the acknowledgment
as an agent of another MSB. For example, a
financial institution.
from ECC-D if received) to the corrected report.
supermarket corporation that sells money orders
Generally, acceptance and transmission of funds as
for an issuer of money orders is not required to
Refile a new registration form
an integral part of the execution and settlement of
Re-registration:
register. This is true even if the supermarket
a transaction other than the funds transmission itself
when one of the following events occurs:
corporation serves as an agent for two or more
(for example, in connection with the bona fide
1. a change in ownership requiring re-registration
MSBs. However , an MSB that serves as an agent of
sale of securities) will not cause a person to be a
under state registration law;
another MSB and engages in MSB activities on its
money transmitter.
2. more than 10 percent of voting power or equity
own behalf must register . For example, a
An “informal value transfer system” is a kind of
interest is transferred (except certain publicly-
supermarket corporation must register if, in addition
traded companies) or;
money transmitter . An informal value transfer
to acting as an agent of the money order issuer , it
system includes any person who engages as a
3. the number of agents increases by more than 50
provides check cashing or currency exchange
business in an informal money transfer system or
percent.
services on its own behalf in an amount greater
any network of people who engage as a business in
than $1,000 for any one person on any day .
Where to Register
facilitating the transfer of money domestically or
internationally outside of the conventional financial
Send your completed form to:
2. The United States Postal Service, any agency of
institutions system.
the United States, of any state , or of any political
8. A “person” is an individual, a corporation, a
subdivision of any state.
Enterprise Computing Center - Detroit
partnership, a trust or est a te, a joint stock company ,
Attn: Money Services Business Registration
an association, a syndicate, joint venture, or other
P.O. Box 33116
3. At this time, persons are not required to register
unincorporated organization or group, an Indian
to the extent that they issue, sell or redeem stored
Detroit, MI 48232-0116
Tribe (as that term is defined in the Indian Gaming
value. If, however , a money services business
Regulatory Act), and all entities cognizable as legal
provides money services in addition to stored
personalities.

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Financial
Go
Page of 3