The South Carolina Office of the 黑料社区, Money Services Division, 聽licenses and regulates money transmitters and currency exchange institutions within the State pursuant to the South Carolina Anti-Money Laundering Act, S.C. Code Ann. 搂 35-11-100聽et seq. (the 鈥淎ct鈥). Answers to many of your questions and concerns may be found in this section. Please use any of the links for additional assistance. If you still need assistance, please call our office at (803) 734-1221 or email [email protected]聽and we will be happy to assist you.
Request for written interpretations regarding the Act, the regulations, or any other order issued thereunder, must be submitted in writing, as described in S.C. Code Regs. 搂 13-2801.
What type of licenses does South Carolina Money Services Division offer for Money Service Businesses?
The Money Services Division issues two different license types for money service businesses:
Money Transmitter License:聽This license is required for any company or person engaging in the business of money transmission or advertising, soliciting, or holding itself out as providing money transmission. Money transmission means selling or issuing payment instruments or stored value, or receiving money or monetary value for transmission. Money transmission does not include the provision solely of delivery, online, or telecommunications services or network access.
Currency Exchange License:聽This license is required for any company or person engaging in the business of currency exchange or advertising, soliciting, or holding itself out as providing currency exchange for which the person receives revenues equal to or greater than five percent of total revenues. Currency exchange means receipt of revenues from the exchange of money of one government for money of another government.
Check Casher Licenses are issued by the South Carolina Board of Financial Institutions/.听
What are the requirements to become licensed in South Carolina?
Money service businesses are required to complete a license application through the Nationwide Multi-State Licensing system (鈥淣MLS鈥). Requirements for each specific license type are provided in the .
Is the transmission of virtual currency regulated under the Act?
The Money Services Division views virtual currencies as lacking the characteristics necessary to be a medium of exchange.听 Therefore, it is the view of the Division that virtual currencies alone do not qualify as monetary value.听 However, to the extent that virtual currency transactions also involve the transfer of fiat currency, they may be subject to money transmission regulation under the Act.听 For more information, see the Division鈥檚 December 5, 2018 interpretation.pdf
For situations in which an automated machine, or ATM, is involved with the transfer of virtual currency, please see聽Order MSD-19003聽(pdf) to assist in determining if a license would be required in South Carolina.
I want to offer wire transmission services as an agent of another company licensed as a money transmitter in South Carolina, such as Western Union. Do I need a Money Transmitter License from the Money Services Division?
No. You will be considered an authorized delegate (agent) of the license holder. As an authorized delegate of a license holder, such as Western Union, you do not need a license from the Division for the activities covered by the authorized delegate agreement. The license holder is responsible for reporting all of its active authorized delegates to the Money Services Division on a quarterly basis.
However, if you are also offering other Division-regulated money services business activities not covered in your authorized delegate agreement with the license holder, you would need a license from the Division. For example, if in addition to being a Western Union agent you also offer currency exchange services on your own, you may also need a Currency Exchange License from the Money Services Division.
Are Money Service Businesses required to have a surety bond?
The amount of the required security must be the greater of $100,000 or an amount equal to one hundred percent (100%) of the licensee's average daily money transmission liability in this state calculated for the most recently completed calendar quarter, up to a maximum of eight hundred thousand dollars ($800,000).听 The security can be in the form of a surety bond, letter of credit or other similar security in a form acceptable to the Commissioner.
See Section 35-11-215 for additional information about the required security.
Security is not required for currency exchange licenses.
What recent federal regulations impact my application?
Applicants must demonstrate compliance with聽 link to:聽 聽regarding anti-money laundering programs and the registration of money service businesses. See聽.
How do I verify that my business is licensed as a money service business in South Carolina?
To verify a money service business license, please refer to the聽.
I have recently been approved for a money service business license; when will I receive a license certificate and license number?
The Money Services Division does not issue license certificates or license numbers for money service businesses. The NMLS ID number assigned to your business will be the South Carolina license identifying number.
Are there any quarterly reporting requirements for money service businesses?
Yes. Within 45 days after the quarter has ended, the Money Services Division requires that each money transmitter licensee file the Money Services Call Report through the NMLS.
The Money Services Division also requires the money transmitter and currency exchange license holders to report all authorized delegate adjustments (additions, deletions, and modifications) within 45 days after the end of each quarter. The reports must be submitted through the Uniform Authorized Agent Reporting (UAAR) functionality in the NMLS system.
How do I request an interpretive order from the Commissioner regarding the SCUMSA?
Requests for written interpretations shall be in writing.听 The request must state or contain:
聽聽聽聽聽聽 (1) the specific section or subsection of the particular statute, regulation, or order to which the request pertains;
聽聽聽聽聽聽 (2) the names of each person and entity involved in the underlying facts;
聽聽聽聽聽聽 (3) a description of the particular situation at hand. Requests must not attempt to include every possible type of situation that may arise in the future. The facts and representations must be specific, not general, and contain all relevant facts;
聽聽聽聽聽聽 (4) an indication as to why the requesting party thinks a problem exists, the requesting party鈥檚 opinion on the matter, and the basis of the opinion, to include any relevant legal analysis; and
聽聽聽聽聽聽 (5) if the requesting party seeks confidential treatment, a specific request for confidential treatment and the basis for confidential treatment must be submitted with the request.
The Commissioner, in his discretion, may decline to issue orders when the requests do not meet the requirements listed above, or when there is deemed to be sufficient guidance existing on the issue at hand.