Ohio Revised Code Search

...Any creditor as to whom any of the acts or things prohibited in sections 1313.56 and 1313.57 of the Revised Code are void, whether the claim of such creditor has matured or will thereafter mature, may commence an action in a court of competent jurisdiction to have such acts or things declared void. Such court shall appoint a trustee or receiver under sections 1313.01 to 1313.59 of the Revised Code, who, upon being du...

...If the assignee fails or declines, upon notice by any creditor, to institute suit as provided in section 1313.58 of the Revised Code, such creditor may himself commence it within five days after serving notice upon the assignee to commence suit, and the procedure and administration shall be the same as is provided for in sections 1313.01 to 1313.58, inclusive, of the Revised Code for suits begun by a creditor.

...nother place, but does not include transactions in which the recipient of the money or its equivalent is the principal or authorized representative of the principal in a transaction for which the money or its equivalent is received, other than the transmission of money or its equivalent. "Transmit money" also includes the sale of checks and other payment instruments.

...esentative of any of these; (5) A contractor providing electronic transfer of government benefits on behalf of the United States or any department, agency, or instrumentality of the United States or on behalf of any state or any political subdivision of any state of the United States; (6) A person the only money transmitter activity of which is to deliver payroll money on behalf of employers to employees by check o...

... affiliates or to any party to the transaction or its affiliates. (b) The information is of a personal, medical, financial, or similar nature, disclosure of which would result in a clearly unwarranted invasion of personal privacy. (c) The information is contained in, related to, or derived from examinations, operating or condition reports, agreements, orders, or actions prepared by, on behalf of, or for the use of ...

...ndition; (2) The applicant's business practices; (3) The applicant's and its directors', executive officers', and controlling persons' experience, competence, and history of compliance with applicable laws. (C) The superintendent shall not approve an application described in division (A)(1) of this section if the applicant does not meet both of the following requirements: (1) The applicant is a legally establ...

...Each licensee, at all times, shall meet both of the following requirements: (A) Be a legally established business entity that is capitalized separately and distinctly from every other legal entity and qualified to do business in this state; (B) Have a minimum net worth of not less than five hundred thousand dollars, calculated according to generally accepted accounting principles, but excluding any assets that the ...

...(A)(1)(a) Subject to division (A)(2) of this section, each licensee shall maintain permissible investments described in division (B) of this section having an aggregate market value of not less than the aggregate amount of all of the licensee's outstandings received from persons in the United States, directly and through authorized delegates, to the extent reported to the licensee. (b) For purposes of division (A)(1...

...(A)(1) In a form satisfactory to the superintendent of financial institutions, each licensee shall provide and maintain a security device of one or more of the types described in division (B) of this section of not less than three hundred thousand dollars or such greater amount as the superintendent finds appropriate but, except pursuant to a supervisory action, not exceeding two million dollars. (2) By control agre...

...f the number of money transmission transactions undertaken by the licensee in this state and in the United States in total, the dollar amount of those transactions, and the number and dollar amount of those transactions currently outstanding; (3) A schedule of the licensee's permissible investments and their market values as of the end of the calendar quarter; (4) A schedule of the locations, if any, within this st...

...escribing the event and its expected impact on the licensee's activities in the state: (1) Any material changes in information provided in a licensee's application or any report submitted to the superintendent under sections 1315.01 to 1315.18 of the Revised Code; (2) The licensee's filing for bankruptcy or reorganization; (3) The institution of revocation or suspension proceedings against the licensee by any stat...

...records of each money transmission transaction; (2) A general ledger containing all assets, liabilities, capital, income, and expense accounts, posted at least monthly; (3) All bank statements and bank reconciliation records; (4) A record of all outstandings; (5) A record of all payments made; (6) The names and addresses of all authorized delegates of the licensee; (7) Any other records that the superintendent ...

...F) of this section, no person, alone or acting in concert with other persons, shall, directly or indirectly, acquire control of a licensee without the prior approval of the superintendent of financial institutions. (B) A person or group of persons proposing to acquire control of a licensee shall submit an application for the superintendent's approval in the form prescribed by the superintendent. (C)(1) The superint...

... institutions shall examine all of the facts and circumstances relating to the application. (B) The superintendent shall approve the application described in division (A) of this section if the superintendent determines both of the following: (1) The competence and experience of the applicant or applicants seeking to acquire control of a licensee and the applicant's or applicants' general fitness to operate the ...

...t chooses to conduct money transmission activities in this state through an authorized delegate shall execute an express written contract with the authorized delegate that, at a minimum, sets forth all of the following: (1) The duties and responsibilities of the authorized delegate regarding money or its equivalent received from persons located in this state for transmission by the licensee; (2) The duties and resp...

...eputy or examiner appointed or any contractor engaged by the superintendent for that purpose, thoroughly shall examine the records and affairs of each licensee. The examination shall include a review of all of the following: (1) Compliance with law; (2) Safety and soundness; (3) Other matters that the superintendent determines. (B) The superintendent may conduct all aspects of an examination described in division...

... director of commerce to enable them to act in the interests of the public; (2) To the banking commission, created pursuant to section 1123.01 of the Revised Code, to enable the commission to effectively advise the superintendent and take action on any matter the superintendent presents to the commission; (3) To financial institution regulatory authorities of this and other states, the United States, and other coun...

...Annually, the superintendent shall establish both of the following: (A) The application fee for an application for a license to transmit money under section 1315.03 of the Revised Code; (B) An annual fee described in division (E) of section 1315.04 of the Revised Code for each licensee to carry on the business of a money transmitter. When establishing the annual fee for each licensee, the superintendent may conside...

...The superintendent of financial institutions may adopt rules that, in the superintendent's judgment, are necessary or appropriate to carry out the purposes of sections 1315.01 to 1315.18 of the Revised Code.

...Code, or under an order or supervisory action issued or taken under those sections, for a person to serve as an organizer, incorporator, director, executive officer, or controlling person of a licensee, or to otherwise have a substantial interest in or participate in the management of a licensee, the superintendent shall request the superintendent of the bureau of criminal identification and investigation, or a...

...out to engage in an unsafe or unsound practice in conducting the business of transmitting money. (2) The licensee or other person is violating, has violated, or, the superintendent has reasonable cause to believe, is about to violate any of the following: (a) A law or rule; (b) A condition imposed in writing by the superintendent in connection with granting an application or other request by the licensee or other ...

...any of the following applies: (1) Any fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying the application. (2) The licensee's net worth becomes inadequate and the licensee, after ten days' written notice from the superintendent, fails to take steps that the superintendent considers necessary to remedy the deficiency. (3) The li...

...ch day a violation, unsafe or unsound practice, or breach continues as follows: (1) The superintendent may assess a civil penalty of not more than five hundred dollars per day if the licensee or other person violates any of the following: (a) Any law or rule; (b) Any order issued pursuant to section 1315.15 or 1315.151 of the Revised Code; (c) Any condition imposed in writing by the superintendent in connection w...

...If the superintendent of financial institutions has reason to believe that a person has violated or is violating section 1315.02 of the Revised Code, the superintendent may petition the court of common pleas of the county where the person's principal place of business or residence is located or, if the person's principal place of business or residence is not in this state, the court of common pleas of Franklin county...

...(A) The superintendent of financial institutions may do both of the following: (1) Summon and compel, by order or subpoena, witnesses to appear before the superintendent, deputy superintendent, examiner, or attorney examiner, and testify under oath regarding the affairs of a licensee or other person; (2) Compel, by order or subpoena, the production of any record, book, paper, document, item, or other thing pertaini...