2019 Connecticut General Statutes
Title 36a - The Banking Law of Connecticut
Chapter 668 - Nondepository Financial Institutions
Section 36a-611 - *(See end of section for amended version and effective date.) Maintenance of records.
(a) Each licensee, as defined in section 36a-596, shall maintain and prepare such records as will enable the Banking Commissioner to determine whether the licensee and any of its authorized delegates are complying with the provisions of sections 36a-595 to 36a-609, inclusive, this section, and section 36a-612 at the office named in the license, or, if requested by the commissioner, shall make such records available at such office or send such records to the commissioner by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt, not later than five business days after such request by the commissioner. Upon request, the commissioner may grant a licensee additional time to make such records available or send such records to the commissioner.
(b) Each licensee shall maintain the following records for at least five years:
(1) A record of each payment instrument or stored-value obligation sold within this state;
(2) A general ledger posted at least monthly containing all asset, liability, capital, income and expense accounts;
(3) Bank statements and bank reconciliation records;
(4) Records of outstanding money transmissions in this state;
(5) Records of each payment instrument and stored value obligation paid during the previous five years;
(6) A list of the last known names and addresses of all of the licensee's authorized delegates; and
(7) Any other records the commissioner may require.
(P.A. 13-253, S. 18.)
*Note: On and after July 1, 2019, this section, as amended by section 60 of public act 18-173, is to read as follows:
“Sec. 36a-611. Maintenance of records. Unique identifier of license. Advertising of license. (a) Each licensee shall maintain and prepare such records as will enable the commissioner to determine whether the licensee and any of its authorized delegates are complying with the provisions of sections 36a-595 to 36a-612, inclusive, at the office named in the license, or, if requested by the commissioner, shall make such records available at such office or send such records to the commissioner by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt, not later than five business days after such request by the commissioner. Upon request, the commissioner may grant a licensee additional time to make such records available or send such records to the commissioner.
(b) Each licensee shall maintain the following records for at least five years:
(1) A record of each payment instrument or stored-value obligation sold within this state;
(2) A general ledger posted at least monthly containing all asset, liability, capital, income and expense accounts;
(3) Bank statements and bank reconciliation records;
(4) Records of outstanding money transmissions in this state;
(5) Records of each payment instrument and stored value obligation paid during the previous five years;
(6) A list of the last known names and addresses of all of the licensee's authorized delegates; and
(7) Any other records the commissioner may require.
(c) (1) The unique identifier of any person licensed under section 36a-600 shall be clearly shown on all solicitations and advertisements, including any business card used to solicit money transmission business and Internet web site, and any other documents as established by rule, regulation or order of the commissioner, and shall be clearly stated in all audio solicitations and advertisements. The solicitations or advertisements of any person licensed under section 36a-600 (A) shall not include any statement that such person is endorsed in any way by this state, except that such solicitations and advertisements may include a statement that such person is licensed in this state; (B) shall not include any statement or claim that is deceptive, false or misleading; (C) shall otherwise conform to the requirements of sections 36a-595 to 36a-612, inclusive, any regulations issued thereunder and any other applicable law; and (D) shall be retained for two years from the date of use of such solicitation or advertising.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, an advertisement or solicitation on a third-party Internet web site need not include the unique identifier of a person licensed under section 36a-600, provided such advertisement or solicitation contains a link to a solicitation, advertisement or Internet web site that clearly shows the unique identifier of such person.”
(P.A. 13-253, S. 18; P.A. 18-173, S. 60.)
History: P.A. 18-173 amended Subsec. (a) by deleting reference to Sec. 36a-596, added Subsec. (c) re unique identifier of license and requirements for solicitations or advertisements, and made technical changes, effective July 1, 2019.
