Sec. 3. Federal registration of eligible state payment service providers
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/bill/119/hr/8395/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered provider may submit an application to register with the Comptroller to become a registered covered provider. The Comptroller shall evaluate an application received under paragraph
(1)using only the factors specified under paragraph (3). The factors specified in this paragraph are the following: The applicant is limited to engaging in activities that directly support or are incidental to the provision of payment services. The applicant is able to meet the requirements of sections 4 and 5. The applicant has adequate financial resources, managerial or technical expertise, and a governance system tailored to the business model and risk profile of the covered provider. The applicant is able to comply with the requirements of the Bank Secrecy Act (as defined in section 2 of the GENIUS Act ( 12 U.S.C. 5901 )). The applicant demonstrates benefit to the public, including with respect to innovation, competition, and enabling widespread access and use of payment services. The applicant is not a designated financial market utility (as defined in section 803(4) of the Payment, Clearing, and Settlement Supervision Act of 2010 ( 12 U.S.C. 5462(4) )). A covered provider described in section 2(3)(A) that becomes a registered covered provider under this Act may provide payment services in any State. With respect to an application under subsection
(a)received during the 180-day period beginning on the date of the enactment of this Act, the Comptroller shall notify each applicant, not later than 180 days after the receipt of such application— that the application is complete; or that the application is incomplete and the specific information required for the application to be considered complete. The Comptroller may extend the period described in paragraph
(1)by an additional 60 days. With respect to an application received after the end of the period described in paragraph
(1)(including any extension made under paragraph (2)), the Comptroller shall provide the notification required under such paragraph to each applicant not later than 30 days after receiving such application. Not later than 180 days after notifying the applicant that an application is complete, the Comptroller shall notify the applicant of whether the Comptroller approved or denied such application. If the Comptroller fails to submit a notification with such 180-day period, such application shall be deemed to be approved. The Comptroller may deny a complete application received under subsection
(a)only if the Comptroller determines the factors described in subsection (a)(3) are not satisfied. The Comptroller shall provide each applicant of a complete application that was denied a written notice explaining such denial, including all findings made by the Comptroller with respect to the factors described in subsection (a)(3). The Comptroller shall establish, by rule, a process by which the Comptroller may review and revoke a registration granted under this section to a covered provider if the Comptroller determines the factors described in subsection (a)(3) are not satisfied. Such process shall include a process for providing notice to the covered provider and a process for review of the decision to revoke a registration.
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