This chapter does not apply to:
(1) the United States or a department, agency, or instrumentality of the United States;
(2) money transmission by the United States Postal Service or by a contractor on behalf of the United States Postal Service;
(3) a state, county, city, or another governmental agency or governmental subdivision of a state;
(4) a bank, bank holding company, office of an international banking corporation, branch of a foreign bank, corporation organized pursuant to the Bank Service Corporation Act, 12 U.S.C. Section 1861-1867 (Supp. V 1999), or corporation organized under the Edge Act, 12 U.S.C. Section 611-633 (1994 & Supp. V 1999), under the laws of a state or the United States if it does not issue, sell, or provide payment instruments or stored value through an authorized delegate who is not such a person;
(5) electronic funds transfer of governmental benefits for a federal, state, county, or governmental agency by a contractor on behalf of the United States or a department, agency, or instrumentality of the United States, or a state or governmental subdivision, agency, or instrumentality of a state;
(6) a board of trade designated as a contract market under the federal Commodity Exchange Act, 7 U.S.C. Section 1-25 (1994), or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for a board of trade;
(7) a registered futures commission merchant under the federal commodities laws to the extent of its operation as a futures commission merchant;
(8) a person who provides clearance or settlement services pursuant to a registration as a clearing agency or an exemption from that registration granted under the federal securities laws to the extent of its operation as a provider of clearance or settlement services;
(9) an operator of a payment system to the extent that it provides processing, clearing, or settlement services, between or among persons excluded by this section, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearing house transfers, similar funds transfers;
(10) a person registered as a securities broker-dealer under federal or state securities laws to the extent of his operation as a securities broker-dealer; or
(11) a credit union regulated and insured by the National Credit Union Association.
HISTORY: 2016 Act No. 266 (H.4554), Section 1, eff May 25, 2018.
Structure South Carolina Code of Laws
Chapter 11 - South Carolina Anti-money Laundering Act
Section 35-11-100. Short title.
Section 35-11-105. Definitions.
Section 35-11-110. Applicability of chapter.
Section 35-11-200. License required.
Section 35-11-205. Application for license.
Section 35-11-210. Approval to engage in money transmission when licensed in another state.
Section 35-11-220. Issuance of license.
Section 35-11-225. Renewal of license.
Section 35-11-300. License required.
Section 35-11-305. Application for license.
Section 35-11-310. Issuance of license.
Section 35-11-315. Renewal of license.
Section 35-11-400. Relationship between licensee and authorized delegate.
Section 35-11-405. Unauthorized activities.
Section 35-11-500. Authority to conduct examinations.
Section 35-11-505. Cooperation.
Section 35-11-515. Change of control.
Section 35-11-525. Money laundering reports.
Section 35-11-530. Confidentiality.
Section 35-11-600. Maintenance of permissible investments.
Section 35-11-605. Types of permissible investments.
Section 35-11-700. Suspension and revocation.
Section 35-11-705. Suspension and revocation of authorized delegates.
Section 35-11-710. Orders to cease and desist.
Section 35-11-715. Consent orders.
Section 35-11-720. Civil penalties.
Section 35-11-725. Criminal penalties.
Section 35-11-730. Unlicensed persons.
Section 35-11-735. Appointment of receiver for licensee.
Section 35-11-740. Additional criminal penalties; definitions.
Section 35-11-800. Administrative proceedings.
Section 35-11-810. Administration by commissioner.
Section 35-11-815. Regulations.
Section 35-11-900. Uniformity of application and construction.