TITLE 7
BANKING AND FINANCE
ARTICLE 4
SALE OF PAYMENT INSTRUMENTS
7-1-683.1. Locations for conduct of business; contracting with authorized agent; requirements of agent.
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As authorized by this Code section, a licensee may conduct its business through designated authorized agents at one or more locations in this state, so long as such locations have been included in the licensee's application and reports as required by Code Section 7-1-683 and subsection (d) of Code Section 7-1-686. The department may refuse within 30 days after application, for cause, to approve a licensee's designation of an authorized agent. In such cases the authorized agent shall have the same procedural rights as are provided in this article for the denial of an application for a license. No additional license other than that obtained by the licensee shall be required of any authorized agent of a licensee. An authorized agent of a licensee shall sell payment instruments or transmit money only at the location designated in the written notice provided to the department.
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Licensees desiring to conduct licensed activities through authorized agents shall enter into a written contract with the authorized agent. The contract shall authorize the agent to operate only pursuant to the terms of the contract and shall specifically designate the authorized activities that the agent may engage in on behalf of the licensee. Upon request of the department, a licensee shall provide the department with a copy of the executed written contract between the licensee and its authorized agent.
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Upon the department receiving written notice from the licensee designating an authorized agent, the authorized agent shall be:
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Required to operate in full compliance with this article, the rules and regulations promulgated under this article, and any applicable order issued by the commissioner;
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Required to timely remit all money legally due to the licensee in accordance with the terms of the written contract between the licensee and the authorized agent;
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Prohibited from utilizing subagents to carry out its responsibilities;
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Subject to examination and investigation by the department as set forth in this article, including, but not limited to, the requirements of Code Section 7-1-689;
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Subject to administrative actions, including, but not limited to, the revocation or suspension of its authorization to act as an authorized agent, a cease and desist order, and the imposition of fines; and
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Required to comply with applicable state and federal law.
(Code 1981, §7-1-683.1, enacted by Ga. L. 2014, p. 251, § 1/HB 982; Ga. L. 2015, p. 5, § 7/HB 90.)
The 2015 amendment,
effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "but not limited to," for "but not limited," in paragraph (c)(5).