533C.501 Relationship between licensee and authorized delegate. 1. Before a licensee is authorized to conduct business through an authorized delegate or allows a person to act as the licensee’s authorized delegate, the licensee shall do all of thefollowing: a. Adopt, and update as necessary, written policies and procedures reasonably designed to ensure that the licensee’s authorized delegates comply with applicable state and federallaw. b. Enter into a written contract that complies with this subsection.c. Conduct a reasonable risk-based background investigation sufficient for the licensee to determine whether the authorized delegate has complied and will likely comply withapplicable state and federal law. 2. An authorized delegate shall operate in full compliance with this chapter.3. The written contract required by subsection 1 shall be signed by the licensee and the authorized delegate and shall: a. Appoint the person signing the contract as the licensee’s authorized delegate with the authority to conduct money transmission on behalf of the licensee. b. Set forth the nature and scope of the relationship between the licensee and the authorized delegate and the respective rights the authority to conduct money transmission on behalf of the licensee. b. Set forth the nature and scope of the relationship between the licensee and the authorized delegate and the respective rights and responsibilities of the parties. c. Require the authorized delegate to agree to fully comply with all applicable state and federal laws, rules, and regulations pertaining to money transmission, including this chapterand regulations implementing this chapter, relevant provisions of the federal Bank SecrecyAct and federal Uniting and Strengthening America by Providing Appropriate Tools Requiredto Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56. d. Require the authorized delegate to remit and handle money and monetary value in accordance with the terms of the contract between the licensee and the authorized delegate. e. Impose a trust on money and monetary value net of fees received for money transmission for the benefit of the licensee. f. Require the authorized delegate to prepare and maintain records as required by this chapter or regulations implementing this chapter, or as reasonably requested by thesuperintendent. g. licensee. f. Require the authorized delegate to prepare and maintain records as required by this chapter or regulations implementing this chapter, or as reasonably requested by thesuperintendent. g. Acknowledge that the authorized delegate consents to examination or investigation by the superintendent. h. State that the licensee is subject to regulation by the superintendent who may suspend or revoke an authorized delegate designation or require the licensee to terminate anauthorized delegate designation as a part of regulation. i. Acknowledge receipt of the written policies and procedures required under subsection 1. 4. If the licensee’s license is suspended, revoked, surrendered, or expired, the licensee shall, within five business days, provide documentation to the superintendent that thelicensee has notified all applicable authorized delegates of the licensee whose namesare in a record filed with the superintendent of the suspension, revocation, surrender, orexpiration of a license. Upon suspension, revocation, surrender, or expiration of a license,applicable authorized delegates shall immediately cease to provide money transmission asan authorized delegate of the licensee. nse. Upon suspension, revocation, surrender, or expiration of a license,applicable authorized delegates shall immediately cease to provide money transmission asan authorized delegate of the licensee. 5. An authorized delegate of a licensee holds in trust for the benefit of the licensee all money net of fees received from money transmission. If any authorized delegate comminglesany funds received from money transmission with any other funds or property owned orcontrolled by the authorized delegate, all commingled funds and other property shall beconsidered held in trust in favor of the licensee in an amount equal to the amount of moneynet of fees received from money transmission. 6. An authorized delegate may not use a subdelegate to conduct money transmission on behalf of a licensee. 2003 Acts, ch 96, §16, 42; 2023 Acts, ch 83, §19Section stricken and rewritten Sat Dec 23 01:36:52 2023 Iowa Code 2024, Section 533C.501 (18, 2)
Iowa Legal Code