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Texas Finance Code - FIN § 152.102. Currency Exchange License Required

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A person may not engage in the business of currency exchange or advertise, solicit, or hold itself out as providing currency exchange unless the person is licensed under this chapter.

(b) For the purposes of this chapter, a person engages in the business of currency exchange services if the person receives compensation or expects to receive compensation, directly or indirectly, for conducting currency exchange services.

(c) Subsection (a) does not apply to a person who:

(1) is a money transmission licensee;

(2) is an authorized delegate of a money transmission licensee acting within the scope of authority conferred by a written contract with the licensee;

(3) is exempt under Section 152.004 and does not engage in currency exchange services outside the scope of the applicable exemption; or

(4) has been granted an exemption under Subsection (e).

(d) A license issued under Section 152.106 is not transferable or assignable.

(e) On receiving an application and finding that the exemption is in the public interest, the commissioner may exempt a retailer, wholesaler, or service provider that in the ordinary course of business accepts currency of a foreign country or government as payment for goods or services, unless:

(1) the value of the goods or services purchased in a single transaction with the retailer, wholesaler, or service provider exceeds $10,000;

(2) the change given or made as a result of the transaction with the retailer, wholesaler, or service provider exceeds $100;

(3) the person attempts to structure the transaction in a manner that evades the licensing requirements of this chapter or avoids using a money services licensee under this chapter;

(4) the person is engaged in the business of cashing checks, drafts, or other payment instruments for consideration and is not otherwise exempt from licensing under this chapter; or

(5) the person would not be eligible for a license under this chapter.

(f) In accordance with the investigation provisions of this chapter, the commissioner may examine a person to verify the person's exempt status under Subsection (e).

(g) A currency exchange licensee may engage in the business of currency exchange services at one or more locations in this state directly or indirectly owned by the licensee under a single license.

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Cite this article: FindLaw.com - Texas Finance Code - FIN § 152.102. Currency Exchange License Required - last updated January 01, 2024 | https://codes.findlaw.com/tx/finance-code/fin-sect-152-102/

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