§ 12-101. Definitions

MD Fin Inst Code § 12-101 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    In this subtitle the following words have the meanings indicated.

(b)    “Branch location” means any location other than the principal executive office of a licensee or license applicant at which the licensee conducts, or the license applicant, on licensure, will conduct, activities required to be licensed under this subtitle.

(c)    (1)    “Control person” means a person who has the power, directly or indirectly, to direct the management or policies of a licensee or license applicant, whether through ownership of securities, by contract, or otherwise.

(2)    “Control person” includes a person who:

(i)    Is a general partner, an officer, a director, or a member, or occupies a similar position or performs a similar function;

(ii)    Directly or indirectly has the right to vote 5% or more of a class of voting securities, or has the power to sell or direct the sale of 5% or more of a class of voting securities, of a licensee or license applicant; or

(iii)    In the case of a partnership, a limited partnership, a limited liability partnership, a limited liability company, or any other business entity:

1.    Has the right to receive on liquidation or dissolution of a licensee or license applicant 5% or more of the capital of the licensee or license applicant; or

2.    Has contributed 5% or more of the capital of a licensee or license applicant.

(d)    “Exempt entity” means an entity that is exempt from all requirements of licensing as provided under § 12–103(b) and (c) of this subtitle.

(e)    “License” means, unless the context requires otherwise, a license issued by the Commissioner under this subtitle to provide check cashing services.

(f)    “Licensee” means, unless the context requires otherwise, a person that is licensed by the Commissioner under this subtitle to provide check cashing services.

(g)    “Mobile unit” means a motor vehicle or other movable means from which check cashing services are provided.

(h)    (1)    “Payment instrument” means a check or a draft ordering a person to pay money.

(2)    “Payment instrument” includes a money order.

(i)    “Provide check cashing services” means to accept or cash, for compensation, a payment instrument regardless of the date of the payment instrument.

(j)    “Unique identifier” means a number or another identifier assigned by NMLS.