reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1 - Banking Institutions in General › § 26–111. Utility bill payments services

§ 26–111. Utility bill payments services.
(a) Any financial institution that offers utility bill payment services in the District of Columbia shall not charge any consumer a fee for processing a utility bill payment. The requirements of this section shall apply to any financial institution whose deposits or shares are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Share Insurance Fund.
(b) Any person who violates this section shall be subject to a civil fine of not more than $1,000.
(Mar. 9, 1988, D.C. Law 7-85, § 2, 34 DCR 8124.)
Prior Codifications
1981 Ed., § 26-111.
Emergency Legislation
For temporary addition of § 26-112 1981 Ed., see § 12 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114) and § 13 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923).
References in Text
The “Federal Savings and Loan Insurance Corporation”, referred to in (a), has been abolished. For provisions relating to the abolition of the Federal Savings and Loan Insurance Corporation and the transfer of functions, personnel and property of that agency, see §§ 401 to 406 of Pub. L. 101-73, set out as a note under 12 U.S.C. § 1437.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.01. Short title

§ 26–131.01. Short title.
This chapter may be cited as the “Automated Teller Machine Act of 2000”.
(June 9, 2001, D.C. Law 13-308, § 501, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.03. Establishment of an automated teller machine or point-of-sale terminal

§ 26–131.03. Establishment of an automated teller machine or point-of-sale terminal.
(a) A District bank, federal bank, District credit union, or federal credit union may establish in the District, and operate on a transaction fee basis, an automated teller machine. A District bank or a District credit union may establish and operate outside of the District an automated teller machine.
(b) An out-of-state bank that maintains a branch in the District or an out-of-state credit union that maintains a subsidiary office in the District may establish and operate on a transaction fee basis an automated teller machine in the District.
(c) A District bank, federal bank, out-of-state bank, District credit union, federal credit union, out-of-state credit union, or other person may establish and operate a point-of-sale terminal in the District.
(June 9, 2001, D.C. Law 13-308, § 503, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.04. Satellite device or point-of-sale terminal

§ 26–131.04. Satellite device or point-of-sale terminal.
(a) A District bank, federal bank, out-of-state bank, District credit union, federal credit union, or out-of-state credit union which has established a satellite device or point-of-sale terminal in the District shall make the satellite device or point-of-sale terminal available on a nondiscriminatory basis for use by any other bank or credit union; provided, the establishing bank or credit union may require the other bank or credit union to pay a non-discriminatory and reasonably proportionate share of all acquisition, installation, and operating costs for the satellite device or point-of-sale terminal. The satellite device or point-of-sale terminal shall identify with equal prominence all of the banks, credit unions, or networks which use the satellite device or point-of-sale terminal.
(b) A District bank, federal bank, out-of-state bank, District credit union, federal credit union, or out-of-state credit union which has established in the District an automated teller machine which is not a satellite device may permit any other bank or credit union to use the automated teller machine; provided, that if such permission is granted:
(1)(A) The automated teller machine which is not a satellite device shall be made available on a nondiscriminatory basis for use by any other bank or credit union; and
(B) The establishing bank or credit union may require a payment by the other bank or credit union of a nondiscriminatory and reasonably proportionate share of all acquisition, installation, and operating costs; and
(2) The automated teller machine shall identify with equal prominence all of the banks, credit unions, and networks which use the automated teller machine.
(c) For the purposes of subsections (a) and (b) of this subsection, the proportionality of the charge shall be based on the number of transactions processed at the satellite device or point-of-sale terminal.
(June 9, 2001, D.C. Law 13-308, § 504, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.05. Evaluation of automated teller machine safety

§ 26–131.05. Evaluation of automated teller machine safety.
(a) An operator of, or person controlling, an automated teller machine shall adopt procedures for evaluating the safety of an automated teller machine. The procedures shall include a consideration of the following:
(1) The extent to which the lighting for the automated teller machine complies, or will comply, with the standards required by this chapter;
(2) The presence of obstructions, including landscaping and vegetation, in the area of the automated teller machine, the access area, and the defined parking area; and
(3) The incidence of crimes of violence in the immediate neighborhood of the automated teller machine, as reflected in the records of the local law enforcement agency.
(b) This chapter shall not impose a duty to relocate or modify an automated teller machine upon the occurrence of a particular event or circumstance.
(June 9, 2001, D.C. Law 13-308, § 505, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.06. Lighting of automated teller machine area

§ 26–131.06. Lighting of automated teller machine area.
(a) A person who controls an access area or a defined parking area shall provide lighting for the access area or defined parking area, and the operator or person controlling an automated teller machine shall provide lighting for the automated teller machine and the exterior of an enclosed automated teller machine installation, during hours of darkness if the automated teller machine is open and operating, according to the following standards:
(1) There shall be a minimum of 10 candlefoot power at the face of the automated teller machine extending unobstructed outward 5 feet.
(2) There shall be a minimum of 2 candlefoot power within 50 feet in all unobstructed directions from the face of the automated teller machine.
(3) If the automated teller machine is located within 10 feet of the corner of a building and the automated teller machine is generally accessible from the adjacent side of the building, there shall be a minimum of 2 candlefoot power along the first 40 unobstructed feet of the adjacent side of the building.
(4) There shall be a minimum of 2 candlefoot power in the portion of the defined parking area within 60 feet of the automated teller machine.
(b) This section shall not apply to an automated teller machine which is located inside a building:
(1) Unless the building is a freestanding installation that exists for the sole purpose of providing an enclosure for the automated teller machine; or
(2) If an automated teller machine transaction can be conducted from outside the building.
(June 9, 2001, D.C. Law 13-308, § 506, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.07. Automated teller machine surcharge disclosure

§ 26–131.07. Automated teller machine surcharge disclosure.
(a) An operator of an automated teller machine in the District shall not impose a surcharge upon a customer for the use of an automated teller machine, including a use where there is a sale of a good or service, unless the surcharge is clearly disclosed to the customer electronically on the automated teller machine. After the disclosure is made, the person using the automated teller machine shall be provided an opportunity to cancel the use of the automated teller machine without incurring a surcharge.
(b) If person using an automated teller machine uses an access device issued by a person other than the operator of the automated teller machine, the operator of the automated teller machine shall disclose to the person using the automated teller machine that, in addition to any surcharge charged by the operator, a fee may be charged by the person’s financial institution for the use of the automated teller machine.
(June 9, 2001, D.C. Law 13-308, § 507, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.08. Point-of-sale terminal surcharge disclosure

§ 26–131.08. Point-of-sale terminal surcharge disclosure.
(a) An operator of a point-of-sale terminal in the District shall not impose a surcharge upon a person for the use of the point-of-sale terminal unless the surcharge is clearly disclosed to the person before the surcharge is incurred and before the customer is obligated to pay for a good or service.
(b) A disclosure under subsection (a) of this section shall be made as follows:
(1) If the point-of-sale device is purchased before June 9, 2001, or does not have an electronic display, the fee disclosure shall be on a label meeting federal standards or such other standards as may be promulgated by the Commissioner consistent with the purposes of this chapter.
(2) If the point-of-sale device is purchased on or after June 9, 2001, and has an electronic display, the fee disclosure shall be on a label meeting federal standards or such other standards as may be promulgated by the Commissioner consistent with the purposes of this chapter and shall be displayed on the electronic display before the surcharge is incurred and before the person using the point-of-sale terminal is obligated to pay for the good or service being purchased.
(June 9, 2001, D.C. Law 13-308, § 508, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.09. Complaints against an operator of an automated teller machine

§ 26–131.09. Complaints against an operator of an automated teller machine.
(a) An operator of an automated teller machine shall clearly and conspicuously disclose on a label or sign posted on the automated teller machine, or in clear view of a person viewing the automated teller machine, the name, address, and telephone number of the Department and the operator. The label or sign shall also state that a person may send comments or complaints regarding the automated teller machine to the Department and shall state that the Department is an agency of the District.
(b) The Commissioner may investigate a complaint, in whatever form received, regarding an automated teller machine. The investigation of the Commissioner under this subsection may include an examination of the automated teller machine. The operator of the automated teller machine shall pay to the Commissioner the reasonable costs and expenses incurred by the Commissioner for the examination or investigation.
(June 9, 2001, D.C. Law 13-308, § 509, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.11. Record keeping requirements

§ 26–131.11. Record keeping requirements.
An operator of an automated teller machine in the District shall maintain and, upon request, make available to the Commissioner, in a form satisfactory to the Commissioner, such books, records, and accounts as will enable the Commissioner to verify the daily activity at each of the operator’s automated teller machines. An operator shall retain the books, records, and accounts referred to in the previous sentence for at least 90 days from the date of the daily activity.
(June 9, 2001, D.C. Law 13-308, § 511, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.12. Penalties

§ 26–131.12. Penalties.
If the Commissioner finds, after notice and a hearing, that a person has violated this chapter or a rule or regulation promulgated, or order issued, under this chapter, the Commissioner may order the person to pay to the Department a civil penalty in such amount as the Commissioner determines is appropriate; provided, that the amount of the penalty shall not exceed $1,000 for a violation; provided further, that if there is a continuing violation, the penalty may be no more than the greater of $1,000 or $100 multiplied by the number of days that the violation has continued.
(June 9, 2001, D.C. Law 13-308, § 512, 48 DCR 3244.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 1A - Automated Teller Machines › § 26–131.13. Authority of Commissioner to issue rules and regulations

§ 26–131.13. Authority of Commissioner to issue rules and regulations.
The Commissioner may promulgate rules and regulations to implement the provisions of this chapter in accordance with subchapter I of Chapter 5 of Title 2.
(June 9, 2001, D.C. Law 13-308, § 513, 48 DCR 3244.)
Cross References
Banking institutions formed under federal statute, application of District law, see § 26-710.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–201. Formation; general nature and powers

§ 26–201. Formation; general nature and powers.
(a) Any 5 or more persons who desire to form an incorporated building or homestead association, all being citizens of the United States, and a majority of them residents of the District of Columbia, may make, sign, seal, and acknowledge, before some officer authorized to take the acknowledgment of deeds, and file for record in the Office of the Recorder of Deeds, a certificate, in writing, to the same effect as that required in Chapters 1 and 3 of Title 29 for the formation of the corporations therein mentioned.
(b) When such certificate shall have been filed for record as aforesaid, the persons who have signed and acknowledged the same, and their successors, shall become and be a body politic and corporate, in fact and in law, by the name stated in the certificate, and by that name have succession and be capable of suing and being sued in the courts, of the District, and of purchasing, holding, and conveying such real estate as may be necessary to the conduct of its business, and to make reasonable bylaws not inconsistent herewith.
(Mar. 3, 1901, 31 Stat. 1298, ch. 854, §§ 687, 688; July 2, 2011, D.C. Law 18-378, § 3(k)(2), 58 DCR 1720.)
Prior Codifications
1981 Ed., § 26-501.
1973 Ed., § 26-401.
Effect of Amendments
D.C. Law 19-378, in subsec. (a), substituted “Chapters 1 and 3 of Title 29” for “Chapter 2 of Title 29”.
Transfer of Functions
Pursuant to Reorganization Plan No. 3 of 1992, effective January 20, 1993, unless another date was designated by the Mayor under Sec. V of the Plan, the D.C. Office of Banking and Financial Institutions (“OBFI”) is hereby transferred from the Deputy Mayor for Economic Development (“DMED”) control center to a separate OBFI control center/responsibility center. OBFI will continue to be administered by the Superintendent and will remain a part of the economic development cluster reporting to the Mayor.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–202. Powers as to stock

§ 26–202. Powers as to stock.
Such corporation shall have power, in its certificate of incorporation or in its bylaws, to provide that its shares of stock may be issued in series; to limit the number of shares which each stockholder may be allowed to hold; to prescribe the entrance fee to be paid by each stockholder at the time of subscribing; and to regulate the instalments to be paid on each share and the times at which they shall be payable. It shall also have power to enforce the payment of all installments and other dues by such fines and forfeitures as its bylaws may from time to time provide.
(Mar. 3, 1901, 31 Stat. 1299, ch. 854, § 689.)
Prior Codifications
1981 Ed., § 26-502.
1973 Ed., § 26-402.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–203. Bonus to be paid by late subscribers

§ 26–203. Bonus to be paid by late subscribers.
Any person applying for membership or stock after a month from the time of the incorporation may be required to pay on subscribing such bonus or assessment as may be fixed by said bylaws in order to place said new members or stockholders on a footing with the original members and others holding stock at the time of such application.
(Mar. 3, 1901, 31 Stat. 1299, ch. 854, § 690.)
Prior Codifications
1981 Ed., § 26-503.
1973 Ed., § 26-403.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–207. Advancements — Payments of premiums

§ 26–207. Advancements — Payments of premiums.
The moneys accumulated from time to time shall be offered to such shareholder or shareholders as shall bid the highest premium for preference or priority of right to an advancement of the ultimate value of 1 or more of his or their respective shares. The said premium shall consist of a percentage on the amount of the advance and shall be deemed to be a consideration or bonus paid by the shareholder for the present and immediate use and possession of the future or ultimate value of the share so advanced, and shall not be deemed usurious. The said premium may either be deducted in advance from the amount to be advanced to the shareholder or be made payable in monthly installments, in addition to legal interest on the sum advanced, as the bylaws may provide.
(Mar. 3, 1901, 31 Stat. 1299, ch. 854, § 692.)
Prior Codifications
1981 Ed., § 26-507.
1973 Ed., § 26-406.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–208. Advancements — Security

§ 26–208. Advancements — Security.
For every advance made as aforesaid a bond in a penalty equal to the ultimate value of the shares advanced may be required, secured by a first mortgage or deed of trust on real estate, and a pledge of the shares advanced upon, as additional or collateral security, which bond shall be conditioned for the payment at the stated meetings of the corporation of the monthly dues on the share so advanced upon and the interest on the sum advanced, and the installments of premium, if made so payable, and all fines chargeable upon arrears of payments, until said shares shall reach their ultimate value aforesaid, or said advance be otherwise canceled or discharged.
(Mar. 3, 1901, 31 Stat. 1299, ch. 854, § 693.)
Prior Codifications
1981 Ed., § 26-508.
1973 Ed., § 26-407.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–209. Advancements — Participation of all shares in profits

§ 26–209. Advancements — Participation of all shares in profits.
The shares advanced upon shall participate equally with the other shares in the profits and the amounts paid by the advanced shareholders, together with such proportion of the profits accrued or such rate of interest as said bylaws may determine, the same as allowed on shares withdrawn not advanced upon, less all fines and a proportionate part of losses and other charges incurred.
(Mar. 3, 1901, 31 Stat. 1299, ch. 854, § 694.)
Prior Codifications
1981 Ed., § 26-509.
1973 Ed., § 26-408.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–210. Advancements — Redemption on failure to bid

§ 26–210. Advancements — Redemption on failure to bid.
Where advances from the funds on hand cannot be made on satisfactory terms, the shareholders failing to bid therefor, the bylaws may provide for the redemption of shares of stock, with the consent of the shareholders, and in case that cannot be done, for the involuntary withdrawal and cancelation of shares, the said shares to be selected by lot, always from the oldest series, until exhausted, or the funds to be applied ratably among the owners of shares of the same series.
(Mar. 3, 1901, 31 Stat. 1300, ch. 854, § 695.)
Prior Codifications
1981 Ed., § 26-510.
1973 Ed., § 26-409.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–211. Withdrawal by shareholder

§ 26–211. Withdrawal by shareholder.
A shareholder shall be entitled to withdraw at any time, by giving such notice as the bylaws may require, where no advance has been made on his shares, in which case he shall be entitled to receive the amount of dues paid in by him on each of his shares, together with such proportion of the profits accrued or such rate of interest as said bylaws may determine, less all fines due and a proportionate part of all losses and other charges incurred; provided, that not more than one-half of the funds in the treasury at any time shall be applicable to the demands of the withdrawing shareholders without the consent of the board of trustees.
(Mar. 3, 1901, 31 Stat. 1300, ch. 854, § 696.)
Prior Codifications
1981 Ed., § 26-511.
1973 Ed., § 26-410.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–212. Repayment of advances

§ 26–212. Repayment of advances.
A shareholder who has been advanced may at any time repay his advance upon application to the corporation, whereupon, on settlement of his account, he shall be charged with the full amount of the advance and of the accrued installments of the premium, if that has been added to the advancement and made payable in instalments, together with all monthly dues, interest, and fines accrued and charged, and shall receive credit for all monthly dues paid on his shares and the profits thereon the same as are allowed under the bylaws on shares withdrawn not advanced upon, and, if the premium has been deducted in advance, with such proportion of the premium as the bylaws may direct, and the balance remaining due, over and above such credits, shall be received by said corporation in satisfaction and discharge of said advance; provided, that in case of the insolvency of the association, he shall not be entitled to credit for the full amount of dues paid by him, but shall only be entitled to a dividend upon said amount, in common with the nonadvanced shareholders.
(Mar. 3, 1901, 31 Stat. 1300, ch. 854, § 697.)
Prior Codifications
1981 Ed., § 26-512.
1973 Ed., § 26-411.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–213. Forfeiture of stock

§ 26–213. Forfeiture of stock.
Any nonadvanced shareholder failing to pay the instalments due on his share and the fines due from him for such time as the bylaws shall determine, shall forfeit his stock, but may, on application, receive a return of the amount paid in on account of his stock, less the accrued fines.
(Mar. 3, 1901, 31 Stat. 1300, ch. 854, § 698.)
Prior Codifications
1981 Ed., § 26-513.
1973 Ed., § 26-412.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–214. Foreclosure of advanced shareholder’s security

§ 26–214. Foreclosure of advanced shareholder’s security.
In case any advanced shareholder shall fail to pay all dues, interest, or premiums and shall be in arrears for any part of the same for the period of 2 months, the payment of the same and of the principal of the advance may be enforced by a foreclosure of the securities given for the same, and if upon a statement of account, as in case of a voluntary settlement of said advance, as hereinbefore authorized, there shall be any surplus of the proceeds of sale of the property given as security over the amount found due from such advanced shareholder, together with all costs incurred by the corporation, such surplus shall be paid to said defaulting shareholder, or his assigns, and his shares of stock so advanced upon shall be the property of the corporation.
(Mar. 3, 1901, 31 Stat. 1300, ch. 854, § 699.)
Prior Codifications
1981 Ed., § 26-514.
1973 Ed., § 26-413.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter I - General › § 26–215. Purchase of real property

§ 26–215. Purchase of real property.
Such corporation shall not invest its fund in any real estate except what is necessary for the conduct of its business, but may purchase such property at sales made upon foreclosure of mortgages or in satisfaction of judgments or other liens held by it; provided, that such property so purchased be sold within a reasonable time thereafter.
(Mar. 3, 1901, 31 Stat. 1300, ch. 854, § 700.)
Prior Codifications
1981 Ed., § 26-515.
1973 Ed., § 26-414.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter II - Federal Securities › § 26–231. Purchase of federal securities

§ 26–231. Purchase of federal securities.
The board of directors of any building association incorporated or unincorporated, organized and existing under the laws of the District of Columbia to do or now doing in the District of Columbia a building association business, in their discretion, may purchase the bonds of the Home Owners’ Loan Corporation created pursuant to the authority of the Home Owners’ Loan Act of 1933, approved June 13, 1933 (and said association is hereby permitted to carry said bonds as an asset at the par value of said bonds) or may subscribe and pay for shares of any federal corporation created or authorized by law to lend money to building and loan associations.
(Mar. 3, 1901, ch. 854, § 55; Mar. 27, 1934, 48 Stat. 506, ch. 96.)
Prior Codifications
1981 Ed., § 26-516.
1973 Ed., § 26-415.
References in Text
The Home Owners’ Loan Corporation, referred to near the middle of this section, was dissolved by the Act of June 30, 1953, 67 Stat. 126, ch. 170, § 21.
The Home Owners’ Loan Act of 1933, approved June 13, 1933, referred to near the middle of this section, is codified in Chapter 12 of Title 12, United States Code, and, as amended, is referred to as the “Home Owners’ Loan Act.”.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter II - Federal Securities › § 26–232. Exchange of securities or real estate for federal bonds

§ 26–232. Exchange of securities or real estate for federal bonds.
Any building association incorporated or unincorporated, organized and existing under the laws of the District of Columbia, to do or now doing, in the District of Columbia, a building association business, is authorized and empowered to exchange mortgages or deeds of trust or the notes or bonds secured thereby or other obligations and liens secured on real estate or any real estate which it may have or hold, for the bonds of the Home Owners’ Loan Corporation created pursuant to the authority of the Home Owners’ Loan Act of 1933, approved June 13, 1933, and said association is hereby authorized to carry said bonds as an asset at the par value of said bonds.
(Mar. 3, 1901, ch. 854, § 56; Mar. 27, 1934, 48 Stat. 506, ch. 96.)
Prior Codifications
1981 Ed., § 26-517.
1973 Ed., § 26-416.
Section References
This section is referenced in § 26-710.
References in Text
The Home Owners’ Loan Corporation, referred to in this section, was dissolved by the Act of June 30, 1953, 67 Stat. 126, ch. 170, § 21.
The Home Owners’ Loan Act of 1933, approved June 13, 1933, referred to in this section, is codified in Chapter 12 of Title 12, United States Code, and, as amended, is referred to as the “Home Owners’ Loan Act.”.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 2 - Building Associations › Subchapter III - Transfer of Remaining Functions to the Superintendent of Banking and Financial Institutions › § 26–251. Remaining powers, duties, and functions of Comptroller transferred to Superintendent of Banking and Financial Institutions

§ 26–251. Remaining powers, duties, and functions of Comptroller transferred to Superintendent of Banking and Financial Institutions.
Any powers, duties, and functions of the Comptroller of the Currency with respect to building associations and building and loan associations operating in the District of Columbia which are not transferred to the Federal Home Loan Bank Board by the specific statutory amendments herein contained are also hereby transferred from the Comptroller of the Currency to the Federal Home Loan Bank Board. After April 11, 1986, the powers, duties, and functions referred to in this section shall reside in the Superintendent of Banking and Financial Institutions [now Commissioner of the Department of Insurance, Securities, and Banking].
(Sept. 15, 1951, 65 Stat. 324, ch. 404, § 4; Nov. 23, 1985, D.C. Law 6-63,§ 106(e); as added Apr. 11, 1986, D.C. Law 6-107, § 2(k), 33 DCR 1168.)
Prior Codifications
1981 Ed., § 26-505.
1973 Ed., § 26-404a.
Section References
This section is referenced in § 26-710.
References in Text
The “Home Loan Bank Board,” formerly referred to throughout this section, was changed to “Federal Home Loan Bank Board” by § 109(a)(3) of the Act of August 11, 1955, 69 Stat. 640. Subsequently, the Federal Home Loan Bank Board was abolished. For provisions relating to the abolition of the Federal Home Loan Bank Board and the transfer of functions, personnel and property of that agency, see §§ 401 to 406 of Pub. L. 101-73, set out as a note under 12 U.S.C. § 1437.
The words “specific statutory amendments,” referred to in the section, means the amendments made by §§ 1 to 3 of the Act of September 15, 1951, 65 Stat. 324, ch. 404.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–301. Definitions

§ 26–301. Definitions.
For the purposes of this chapter, the term:
(1) “Check” means any check, draft, money order, personal money order, or other instrument for the transmission or payment of money.
(2) “Check cashing” means the exchange of a check for money delivered to the presenter at the time and place of the presentation.
(3) Repealed.
(4) “Issue date” means, on a check held for deferred deposit, the date the check is cashed and the deferred deposit agreement is originated.
(5) “Licensee” means any person duly licensed by the Superintendent [Commissioner] pursuant to this chapter.
(6) “Limited station” means a type of check cashing business that authorizes the licensee to carry on the business of cashing checks for employees of a single and particular business or office and at a single location at or near such particular business or office site.
(7) “Mobile unit” means any vehicle or other movable structure from which the business of cashing checks is to be conducted.
(8) “Person” means an individual, firm, corporation, business trust, estate, trust, partnership, limited liability company, association, 2 or more persons having a joint or common interest, or any other legal or commercial entity, or group of individuals however organized but does not include the United States government, the government of the District of Columbia, or the United States Postal Service.
(9) “Superintendent” means the Superintendent of the Office of Banking and Financial Institutions [Commissioner of the Department of Insurance, Securities, and Banking].
(May 12, 1998, D.C. Law 12-111, § 2, 45 DCR 1782; Nov. 24, 2007, D.C. Law 17-42, § 2(a), 54 DCR 9988.)
Prior Codifications
1981 Ed., § 26-1101.
Section References
This section is referenced in § 28-3303.
Effect of Amendments
D.C. Law 17-42 repealed par. (3) which had read as follows: “(3) ‘Deferred deposit’ means a supplemental check cashing service that allows the maker, in the event of a need for emergency cash, to write a personal check and receive cash immediately upon presentment and qualification, while delaying the deposit of the check into his or her personal checking account, pursuant to an agreement with the licensed check casher, for a mutually agreed to number of days following the issue date of the check. Post-dating of personal checks cashed and held for deferred deposit shall be prohibited.”
Effective Dates
Section 4 of D.C. Law 17-42 provided: “This act shall take effect following the certification by the Chief Financial Officer, through a revised quarterly revenue estimate for fiscal year 2008, that local funds exceed the annual revenue estimates incorporated in the fiscal year 2008 budget and financial plan in an amount sufficient to account for its fiscal effect. The Chief Financial Officer shall set aside revenue to account for the cost of fully implementing this act.”
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–302. Requirement of license

§ 26–302. Requirement of license.
Except as provided in § 26-303 no person, including a person doing so on May 12, 1998, shall engage in the business of cashing checks for consideration without first obtaining a license from the Superintendent [Commissioner] pursuant to this chapter. No separate license under this chapter shall be required for any agent of a licensee.
(May 12, 1998, D.C. Law 12-111, § 3, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1102.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–303. Exemptions

§ 26–303. Exemptions.
The provisions of the chapter shall not apply to:
(1) Banks, credit unions, trust companies, building and loan associations, and savings and loan associations organized under the laws of the United States or of the District of Columbia or authorized to do business in the District of Columbia;
(2) The United States Postal Service; or
(3) Any person who cashes checks without consideration or a charge.
(May 12, 1998, D.C. Law 12-111, § 4, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1103.
Section References
This section is referenced in § 26-302.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–304. Form and contents of application for license

§ 26–304. Form and contents of application for license.
(a) An application for a license under this chapter shall be in writing under oath in the form prescribed by the Superintendent [Commissioner of the Department of Insurance, Securities, and Banking].
(b) The application shall include:
(1) If the applicant is an individual, the applicant’s name, business address and telephone number, and residence address and telephone number;
(2) If the applicant is a partnership or other non-corporate business association, the business name, business address and telephone number, and the residence address and telephone number of each:
(A) General partner, if the applicant is a limited partnership;
(B) General partner who holds the interest in the partnership or more than 10% interest if the applicant is a general partnership; or
(C) Member, if the applicant is a limited liability company or other non-corporate business association;
(3) If the applicant is a corporation:
(A) The name, address, and telephone number of the corporate entity; and
(B) The name, business telephone number, and the residence and telephone number of the president, senior vice presidents, secretary, treasurer, each director, and each stockholder owning or controlling 10% or more of any class of stock in the corporation;
(4) The applicant’s business plan;
(5) The name under which the check cashing business is to be conducted;
(6) The name and address of the applicant’s registered agent;
(7) The location at which the applicant proposes to conduct business;
(8) If the applicant seeks to conduct business from a mobile unit, the District registration number or other identification of the mobile unit and the area in which the applicant proposes to operate the mobile unit;
(9) If the applicant seeks to conduct business from a limited station, the group of employees that would be served and the location at which these employees would be served; and
(10) Any other information that the Superintendent [Commissioner] requires.
(May 12, 1998, D.C. Law 12-111, § 5, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1104.
Section References
This section is referenced in § 26-308.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–305. Application and license fees

§ 26–305. Application and license fees.
At the time of filing an application under this chapter, each applicant shall pay to the Superintendent [Commissioner of the Department of Insurance, Securities, and Banking] a non-refundable license fee of $300, except that an applicant for a license to maintain one or more limited stations shall pay the non-refundable limited station license application fee as provided in § 26-314.
(May 12, 1998, D.C. Law 12-111, § 6, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1105.
Section References
This section is referenced in § 26-308.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–306. Bond to accompany application for license

§ 26–306. Bond to accompany application for license.
(a) At the time of filing an application under this chapter, each applicant shall file with the Superintendent [Commissioner of Insurance, Securities, and Banking] a bond in the sum of $5,000 for each location and mobile unit from which the applicant proposes in the application to conduct business. The bond shall be issued by a person authorized to issue such bonds in the District and shall be in a form satisfactory to the Superintendent [Commissioner]. To satisfy the requirements of this section, the bond shall be effective on the date the license is issued by the Superintendent [Commissioner] and run to the Superintendent [Commissioner] for the use of the District. The applicant shall be the obligor of the bond. The bond must be conditioned upon the observance by the applicant of all the provisions of this chapter and of all rules and regulations lawfully made by the Superintendent [Commissioner] hereunder, and must be for the benefit of the District concerning any and all monies that become due or owing to the District from the applicant under this chapter as well as for the benefit of any private claimants against the applicant with respect to the cashing of checks in the District. The surety on the bond shall have the right to cancel such bond upon giving 30 days written notice to the Superintendent [Commissioner] and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation. Any license issued pursuant to this chapter shall be revoked, and void, by operation of law during any period when the bond required by this section is not in full force and effect.
(b) If the Superintendent [Commissioner], at any time, reasonably determines that the bond is insecure, deficient in amount, or exhausted in whole or in part, or if the surety on the bond has notified the Superintendent [Commissioner] of its intention to cancel the bond, the Superintendent [Commissioner] may, by written order, require the filing of a new or supplemental bond in order to secure compliance with this chapter. The licensee shall comply with the order within 20 days following service of the order upon the licensee.
(May 12, 1998, D.C. Law 12-111, § 7, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1106.
Section References
This section is referenced in § 26-308 and § 26-316.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–307. Minimum liquid assets required

§ 26–307. Minimum liquid assets required.
Each applicant shall demonstrate, in a form satisfactory to the Superintendent, [Commissioner] the availability of capital of at least $25,000 for the operation of the business of each location and mobile unit from which the applicant proposes in the application to conduct business. Each licensee shall continuously maintain capital of at least $5,000 for the operation of the business of each location and mobile unit from which the licensee conducts business.
(May 12, 1998, D.C. Law 12-111, § 8, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1107.
Section References
This section is referenced in § 26-308 and § 26-316.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–308. Granting of license; investigations

§ 26–308. Granting of license; investigations.
(a) Upon the filing of an application in proper form, including the required fee and accompanying documents, the Superintendent [Commissioner] shall issue to the applicant a license to engage in the cashing of checks in the District of Columbia, unless the Superintendent [Commissioner] finds that the requirements prescribed by subsection (b) of this section and §§ 26-304, 26-305, 26-306, and 26-307 have not been met.
(b) The financial responsibility, conditions, and business experience of the applicant or licensee must be such as to warrant the belief that the applicant’s business will be conducted honestly and carefully. The Superintendent [Commissioner] may investigate and consider the qualifications of the applicant or licensee (including the officers and directors of the applicant) in determining whether the requirement has been met.
(May 12, 1998, D.C. Law 12-111, § 9, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1108.
Section References
This section is referenced in § 26-316.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–309. Issuance and form of license

§ 26–309. Issuance and form of license.
A license to cash checks shall state:
(1) The name of the licensee;
(2) The names of the members of the licensee (if applicable);
(3) The date of issuance and of expiration of the license;
(4) The date and state of incorporation of the licensee (if applicable);
(5) If the business is to be conducted at a specific address, the address at which the business is to be conducted; and
(6) If the business is to be conducted through the use of a mobile unit or a limited station, the words “Mobile Unit License,” or “Limited Station License”, the District registration number or other identification of the mobile unit or limited station, and the area in which the applicant is authorized to operate the mobile unit or limited station.
(May 12, 1998, D.C. Law 12-111, § 10, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1109.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–310. Display of license

§ 26–310. Display of license.
A license issued pursuant to this chapter shall be conspicuously displayed in the place of business of the licensee or, in the case of a mobile unit, upon the mobile unit.
(May 12, 1998, D.C. Law 12-111, § 11, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1110.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–311. Time and renewal of license

§ 26–311. Time and renewal of license.
(a) A license issued to a check-cashing business shall remain in full force and effect through the 31st day of December following its date of issuance, unless earlier surrendered, suspended, or revoked.
(b) If an application for a renewal license, along with a license renewal fee of $200, has been filed with the Superintendent [Commissioner] at least 30 days before the expiration of the license in force, such license shall continue in full force and effect either until the issuance by the Superintendent [Commissioner] of the renewal license applied for or until 5 days after the Superintendent [Commissioner] has refused to issue the renewal license and has given notice of such refusal to the applicant. Except for the fee, the requirements for the issuance of a renewal license shall be the same as the requirements for the issuance of the initial license. If the Superintendent [Commissioner] denies the applicant the authority to operate at a particular location, the operation of business at that particular location shall cease 5 days after the Superintendent [Commissioner] has refused to issue a renewal license to cover the location and has given notice of such refusal to the applicant.
(May 12, 1998, D.C. Law 12-111, § 12, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1111.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–311.01. Examinations

§ 26–311.01. Examinations.
(a) The Commissioner, or his or her designated agent, shall examine the affairs, business, premises, and records of each licensee at least once in every 3-year period and at any other time that the Commissioner considers necessary or provides by regulation.
(b) Each licensee shall be assessed an examination fee of $100 per examination, plus $20 per hour for each hour or fraction of each hour in excess of 4 hours if an examination of a licensee exceeds 4 hours.
(May 12, 1998, D.C. Law 12-111, § 12a; as added Oct. 3, 2001, D.C. Law 14-28, § 3102, 48 DCR 6981.)
Emergency Legislation
For temporary (90 day) addition of section, see § 2802 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–312. Transferability of license

§ 26–312. Transferability of license.
A license issued pursuant to this chapter shall not be transferable or assignable.
(May 12, 1998, D.C. Law 12-111, § 13, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1112.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–313. Limitation of license

§ 26–313. Limitation of license.
Not more than one location of business or mobile unit shall be maintained under the same license. More than one license may be issued to the same licensee upon compliance with this chapter for each new license.
(May 12, 1998, D.C. Law 12-111, § 14, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1113.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 3 - Check Cashers › § 26–314. License for limited station

§ 26–314. License for limited station.
Any licensee may open and maintain, within the District, one or more limited stations for the purpose of cashing checks for the particular group or groups specified in the license authorizing each limited station. A separate license shall be issued for each limited station maintained by the same licensee. The stations shall be licensed in accordance with all of the provisions of this chapter applicable to licensees, and the applicant shall pay a non-refundable limited station license application fee of $150 for each limited station. Such fee may be changed in the rules and regulations promulgated by the Superintendent [Commissioner] as he or she deems necessary.
(May 12, 1998, D.C. Law 12-111, § 15, 45 DCR 1782.)
Prior Codifications
1981 Ed., § 26-1114.
Section References
This section is referenced in § 26-305.