RCW 31.45.080
Trust funds—Deposit requirements—Rules.
(1) All funds received by a licensee or its agents from the sale of checks, drafts, money orders, or other commercial paper serving the same purpose constitute trust funds owned by and belonging to the person from whom they were received or to the person who has paid the checks, drafts, money orders, or other commercial paper serving the same purpose.
(2) All such trust funds shall be deposited in a bank, savings bank, or savings and loan association located in Washington state in an account or accounts in the name of the licensee designated "trust account," or by some other appropriate name indicating that the funds are not the funds of the licensee or of its officers, employees, or agents. Such funds are not subject to attachment, levy of execution, or sequestration by order of a court except by a payee, assignee, or holder in due course of a check, draft, or money order sold by a licensee or its agent. Funds in the trust account, together with funds and checks on hand and in the hands of agents held for the account of the licensee at all times shall be at least equal to the aggregate liability of the licensee on account of checks, drafts, money orders, or other commercial paper serving the same purpose that are sold.
(3) The director shall adopt rules requiring the licensee to periodically withdraw from the trust account the portion of trust funds earned by the licensee from the sale of checks, drafts, money orders, or other commercial paper serving the same purpose. If a licensee has accepted, in payment for a check, draft, money order, or commercial paper serving the same purpose issued by the licensee, a check or draft that is subsequently dishonored, the director shall prohibit the withdrawal of earned funds in an amount necessary to cover the dishonored check or draft.
(4) If a licensee or its agent commingles trust funds with its own funds, all assets belonging to the licensee or its agent are impressed with a trust in favor of the persons specified in subsection (1) of this section in an amount equal to the aggregate funds that should have been segregated. Such trust continues until an amount equal to the necessary aggregate funds have been deposited in accordance with subsection (2) of this section.
(5) Upon request of the director, a licensee shall furnish to the director an authorization for examination of financial records of any trust fund account established for compliance with this section.
(6) The director may adopt any rules necessary for the maintenance of trust accounts, including rules establishing procedures for distribution of trust account funds if a license is suspended, terminated, or not renewed.
[ 1994 c 92 § 281; 1991 c 355 § 8.]
Structure Revised Code of Washington
Title 31 - Miscellaneous Loan Agencies
Chapter 31.45 - Check Cashers and Sellers.
31.45.020 - Application of chapter.
31.45.022 - Privacy or confidentiality of any information or material—Federal or other state's laws.
31.45.043 - Multistate licensing system—Director's discretion.
31.45.045 - Reports—Nationwide licensing system.
31.45.060 - Licensee—Schedule of fee and charges—Recordkeeping.
31.45.070 - Licensee—Permissible transactions—Restrictions.
31.45.077 - Small loan endorsement—Application—Form—Information—Exemption from disclosure—Fees.
31.45.079 - Making small loans—Agent for a licensee or exempt entity—Federal preemption.
31.45.080 - Trust funds—Deposit requirements—Rules.
31.45.082 - Delinquent small loan—Restrictions on collection by licensee or third party—Definitions.
31.45.084 - Small loan installment plan—Terms—Restrictions.
31.45.085 - Loan application—Required statement—Rules.
31.45.086 - Small loans—Right of rescission.
31.45.088 - Small loans—Disclosure requirements—Advertising—Making loan.
31.45.090 - Report requirements—Disclosure of information—Rules.
31.45.093 - Information system—Access—Required information—Fees—Rules.
31.45.100 - Examination or investigation—Director's authority—Costs.
31.45.103 - Subpoena authority—Application—Contents—Notice—Fees.
31.45.105 - Violations of chapter—Enforceability of transaction.
31.45.120 - Violations or unsound practices—Temporary cease and desist order—Director's authority.
31.45.130 - Temporary cease and desist order—Licensee's application for injunction.
31.45.140 - Violation of temporary cease and desist order—Director's application for injunction.
31.45.150 - Licensee's failure to perform obligations—Director's duty.
31.45.160 - Director's possession of property and business—Appointment of receiver.
31.45.180 - Violation—Misdemeanor.
31.45.190 - Violation—Consumer protection act—Remedies.
31.45.200 - Director—Broad administrative discretion.
31.45.210 - Military borrowers—Licensee's duty—Definition.