Section 361.981

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 361

Effective - 28 Aug 2024   

  361.981.  Prohibited authorized delegates. — 1.  The circuit court in an action brought by a licensee shall have jurisdiction to grant appropriate equitable or legal relief, including without limitation prohibiting the authorized delegate from directly or indirectly acting as an authorized delegate for any licensee in this state and the payment of restitution, damages, or other monetary relief, if the circuit court finds that an authorized delegate failed to remit money in accordance with the written contract required by subsection 2 of section 361.975^* or as otherwise directed by the licensee or required by law.

  2.  If the circuit court issues an order prohibiting a person from acting as an authorized delegate for any licensee under subsection 1 of this section, the licensee that brought the action shall report the order to the director within thirty days and shall report the order through NMLS within ninety days.

  3.  An authorized delegate who holds money in trust for the benefit of a licensee and knowingly fails to remit more than one thousand dollars of such money is guilty of a class E felony.

  4.  An authorized delegate who holds money in trust for the benefit of a licensee and knowingly fails to remit no more than one thousand dollars of such money is guilty of a class A misdemeanor.

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(L. 2024 S.B. 1359)

*Section 361.1275 appears in original rolls, which does not exist.  The "Model Money Transmission Modernization Act" contains a reference to section 8.01 which correlates to section 361.975.