(A) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with generally accepted accounting principles of not less than the aggregate amount of all of its outstanding payment instruments and store-value obligations issued or sold in all states and money transmitted from all states by the licensee.
(B) The commissioner, with respect to a licensee, may limit the extent to which a type of investment within a class of permissible investments may be considered a permissible investment, except for money and certificates of deposit issued by a bank. The commissioner by rule may prescribe or by order allow other types of investments that the commissioner determines to have a safety substantially equivalent to other permissible investments.
(C) Permissible investments, even if commingled with other assets of the licensee, are held in trust for the benefit of the purchasers and holders of the licensee's outstanding payment instruments and stored-value obligations in the event of bankruptcy or receivership of the licensee.
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.