26-2919. AUTHORIZED REPRESENTATIVE CONDUCT. (1) An authorized representative shall not make any fraudulent or false statement or misrepresentation to a licensee or to the director.
(2) All money transmission or sale or issuance of payment instrument activities conducted by authorized representatives shall be strictly in accordance with the licensee’s written procedures provided to the authorized representative.
(3) An authorized representative shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized representative.
(4) All funds, less fees, received by an authorized representative of a licensee from the sale or delivery of a payment instrument issued by a licensee or received by an authorized representative for transmission shall, from the time such funds are received by such authorized representative until such time when the funds or an equivalent amount are remitted by the authorized representative to the licensee, constitute trust funds owned by and belonging to the licensee. If an authorized representative commingles any such funds with any other funds owned or controlled by the authorized representative, all commingled proceeds and other property shall be impressed with a trust in favor of the licensee in an amount equal to the amount of the proceeds due the licensee.
(5) An authorized representative shall report to the licensee the theft or loss of payment instruments within twenty-four (24) hours from the time he knew or should have known of such theft or loss.
History:
[26-2919, added 1994, ch. 410, sec. 1, p. 1293.]
Structure Idaho Code
Chapter 29 - MONEY TRANSMISSION
Section 26-2901 - SHORT TITLE.
Section 26-2902 - DEFINITIONS.
Section 26-2903 - LICENSE REQUIRED.
Section 26-2905 - LICENSE QUALIFICATIONS.
Section 26-2906 - PERMISSIBLE INVESTMENTS.
Section 26-2907 - LICENSE APPLICATION.
Section 26-2908 - BOND OR OTHER SECURITY DEVICE.
Section 26-2909 - APPLICATION FEE.
Section 26-2910 - ISSUANCE OF LICENSE.
Section 26-2911 - RENEWAL OF LICENSE AND ANNUAL REPORT.
Section 26-2912 - EXTRAORDINARY REPORTING REQUIREMENTS.
Section 26-2913 - CHANGES IN CONTROL OF A LICENSE.
Section 26-2914 - AUTHORITY TO CONDUCT EXAMINATIONS AND INVESTIGATIONS.
Section 26-2915 - MAINTENANCE OF RECORDS.
Section 26-2916 - CONFIDENTIALITY OF DATA SUBMITTED TO THE DIRECTOR.
Section 26-2917 - SUSPENSION OR REVOCATION OF LICENSES.
Section 26-2918 - AUTHORIZED REPRESENTATIVE CONTRACTS.
Section 26-2919 - AUTHORIZED REPRESENTATIVE CONDUCT.
Section 26-2920 - REVOCATION OR SUSPENSION OF AUTHORIZED REPRESENTATIVES.
Section 26-2921 - LICENSEE LIABILITY.
Section 26-2922 - HEARINGS — PROCEDURES.
Section 26-2923 - CIVIL PENALTIES.
Section 26-2924 - ENFORCEMENT.
Section 26-2925 - CRIMINAL PENALTIES.
Section 26-2926 - PROMULGATION OF RULES.
Section 26-2927 - SEVERABILITY.
Section 26-2928 - APPOINTMENT OF DIRECTOR AS AGENT FOR SERVICE OF PROCESS.