(a) An authorized delegate may not make any fraudulent or false statement or misrepresentation to a licensee or to the Commissioner.
(b) All money transmission services conducted by an authorized delegate shall be conducted strictly in accordance with the licensee’s operating policies and procedures provided to the authorized delegate.
(c) An authorized delegate shall remit all funds owed to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate.
(d) (1) All funds received by an authorized delegate from money transmission services, less fees, shall constitute trust funds belonging to the licensee from the time the funds are received by the authorized delegate until the time when the funds are remitted to the licensee.
(2) If an authorized delegate commingles any of the funds received with any other funds or property owned or controlled by the authorized delegate, all commingled funds and other property shall be impressed with a trust in favor of the licensee in an amount equal to the amount of the funds due the licensee.
(e) An authorized delegate shall report to the licensee the theft or loss of a payment instrument within 24 hours after the theft or loss.
Structure Maryland Statutes
Title 12 - Miscellaneous Institutions and Activities
Subtitle 4 - Maryland Money Transmission Act
Section 12-402 - Scope of Subtitle
Section 12-403 - Powers of Commissioner
Section 12-405 - License Required
Section 12-406 - Qualifications of Applicant for License
Section 12-407 - Applications for Licenses
Section 12-408 - Fingerprinting
Section 12-409 - Investigation of Application; Issuance or Denial of License
Section 12-410 - Contents and Scope of Licenses; Additional Licenses
Section 12-411 - Term and Renewal of Licenses
Section 12-412 - Required Bond or Permissible Investments
Section 12-413 - Authorized Delegate
Section 12-413.1 - Training to Recognize Financial Abuse and Exploitation of Elder Adult
Section 12-415 - Change of Location or Control; Penalties
Section 12-416 - Reports to Commissioner
Section 12-417 - Compliance With Federal and State Laws
Section 12-418 - Required Permissible Investments; Segregation of Money by Authorized Delegate
Section 12-419 - Issuance of Duplicate Payment Instruments
Section 12-420 - Redemption of Unused Payment Instruments
Section 12-421 - Determination of Compliance With Subtitle
Section 12-422 - Voluntary Surrender of License
Section 12-423 - Investigatory Powers of Commissioner
Section 12-425 - Required Records
Section 12-427 - Persons Subject to Enforcement
Section 12-429 - Enforcement of Subtitle
Section 12-430.1 - Reporting and Enforcement of Actions Against Money Transmitters