Current through 2024 Act No. 225.
Section 35-11-510 - Reports(A) A licensee shall file with the Commissioner within fifteen business days any material changes in information provided in a licensee's application as prescribed by the Commissioner.(B) Each licensee shall submit a report of authorized delegates within forty-five days of the end of the calendar quarter. The Commissioner is authorized and encouraged to utilize NMLS for the submission of the report required by this subsection provided that such functionality is consistent with the requirements of this subsection. The authorized delegate report must include, at a minimum, each authorized delegate's:(2) taxpayer employer identification number;(3) principal provider identifier;(6) any business conducted in other states;(7) any fictitious or trade name;(8) contact person's name, phone number, and email;(9) start date as licensee's authorized delegate;(10) end date acting as licensee's authorized delegate, if applicable; and(11) any other information the Commissioner reasonably requires with respect to the authorized delegate.(C) A licensee shall file a report with the Commissioner within one business day after the licensee has reason to know of the occurrence of any of the following events:(1) the filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. Section 101-110, as amended or recodified from time to time, for bankruptcy or reorganization;(2) the filing of a petition by or against the licensee for receivership, the commencement of another judicial or administrative proceeding for its dissolution or reorganization, or the making of a general assignment for the benefit of its creditors; or(3) the commencement of a proceeding to revoke or suspend its license in a state or country in which the licensee engages in business or is licensed.(D) A licensee shall file a report with the Commissioner within three business days after the licensee has reason to know of the occurrence of any of the following events: (1) a charge or conviction of the licensee or of a key individual or person in control of the licensee for a felony; or(2) a charge or conviction of an authorized delegate for a felony.(E) Each licensee shall submit a report of condition within forty-five days of the end of the calendar quarter, or within any extended time as the Commissioner may prescribe. The report of condition must include: (1) financial information at the licensee level;(2) nationwide and state-specific money transmission transaction information in every jurisdiction in the United States where the licensee is licensed to engage in money transmission;(3) permissible investments report;(4) transaction destination country reporting for money received for transmission, if applicable, which shall only be included in a report of condition submitted within forty-five days of the end of the fourth calendar quarter; and(5) any other information the Commissioner reasonably requires with respect to the licensee. The Commissioner is authorized and encouraged to utilize NMLS for the submission of the report required by this subsection and is authorized to change or update as necessary the requirements of this subsection to carry out the purposes of this chapter and maintain consistency with NMLS reporting.(F) Each licensee, within ninety days after the end of each fiscal year, or within any extended time as the Commissioner may prescribe, shall file with the Commissioner:(1) an audited financial statement of the licensee for the fiscal year prepared in accordance with United States Generally Accepted Accounting Principles, prepared by an independent certified public accountant or independent public accountant who is satisfactory to the Commissioner, which must include or be accompanied by a certificate of opinion of the independent certified public accountant or independent public accountant that is satisfactory in form and content to the Commissioner. If the certificate or opinion is qualified, the Commissioner may order the licensee to take any action as the Commissioner may find necessary to enable the independent or certified public accountant or independent public accountant to remove the qualification; and(2) any other information as the Commissioner may reasonably require.Amended by 2024 S.C. Acts, Act No. 218 (SB 1031),s 1, eff. 7/2/2024.