Mass. Gen. Laws ch. 169B, sec. 2 — MA Code / Part I / Title XXII / Chapter 169B / Section 2
Exemptions
Status: in_force

[Text of section added by 2024, 312, Sec. 3 effective January 1, 2026. See 2024, 312, Sec. 6.]

[Text of section added by 2024, 312, Sec. 3 effective January 1, 2026. See 2024, 312, Sec. 6.]

Section 2. (a) This chapter shall not apply to:

(i) an operator of a payment system to the extent that the payment system provides processing, clearing or settlement services, between or among persons exempted by this subsection or licensees, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearing house transfers or similar funds transfers;

(ii) a person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission itself, provided to the payor by the payee; provided, however, that: (A) there exists a written agreement between the payee and the agent, directing the agent to collect and process payments from payors on the payee's behalf; (B) the payee holds the agent out to the public as accepting payments for goods or services on the payee's behalf; and (C) payment for the goods and services is treated as received by the payee upon receipt by the agent so that the payor's obligation is extinguished and there is no risk of loss to the payor if the agent fails to remit the funds to the payee;

(iii) a person who acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender, and the sender's designated recipient; provided, however, that the entity: (A) is properly licensed or exempt from licensing requirements under this chapter; (B) provides a receipt, electronic record or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and (C) bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the funds to the sender's designated recipient;

(iv) the United States or a department, agency or instrumentality thereof, or its agent;

(v) money transmission by the United States Postal Service or by an agent of the United States Postal Service;

(vi) a state, county, city or any other governmental agency or governmental subdivision or instrumentality of a state, or its agent;

(vii) a federally insured depository financial institution, bank holding company, office of an international banking corporation, foreign bank that establishes a federal branch pursuant to the International Banking Act of 1978, 12 U.S.C. § 3102, as amended or recodified from time to time, corporation organized pursuant to the Bank Service Company Act, 12 U.S.C. §§ 1861 to 1867, inclusive, as amended or recodified from time to time or corporation organized under the Edge Act, 12 U.S.C. §§ 611 to 633, inclusive, as amended or recodified from time to time;

(viii) electronic funds transfer of governmental benefits for a federal, state, county or governmental agency by a contractor on behalf of the United States or a department, agency or instrumentality thereof, or on behalf of a state or governmental subdivision, agency or instrumentality thereof;

(ix) a board of trade designated as a contract market under the Commodity Exchange Act, 7 U.S.C. §§ 1 to 25, inclusive, as amended or recodified from time to time, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board;

(x) a futures commission merchant registered under federal commodities laws to the extent of its operation as such a merchant;

(xi) a person registered as a securities broker-dealer under federal or state securities laws to the extent of its operation as such a broker-dealer;

(xii) an individual employed by a licensee, authorized delegate or any person exempted from the licensing requirements of the chapter when acting within the scope of employment and under the supervision of the licensee, authorized delegate or exempted person as an employee and not as an independent contractor;

(xiii) a person expressly appointed as a third-party service provider to or agent of an entity exempt under clause (vii), solely to the extent that: (A) such service provider or agent is engaging in money transmission on behalf of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the service provider or agent is to perform; and (B) the exempt entity assumes all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser's or holder's money or monetary value by the service provider or agent; and

(xiv) a person exempt by regulation or order if the commissioner finds such exemption to be in the public interest and that the regulation of such person is not necessary for the purposes of this chapter.

(b) The commissioner may require any person claiming to be exempt from licensing pursuant to subsection (a) to provide information and documentation to the commissioner demonstrating that such person qualifies for any claimed exemption.