Maryland enacts law excluding certain payroll processors from money transmission licensing
On April 14, Maryland enacted HB 118, which, effective October 1, amends the Maryland Money Transmission Act to exclude from the definition of “money transmitter” a person designated as an agent of a payor for the purpose of providing payroll processing services. Under the amendment, the exclusion applies when three conditions are met: (i) there is a written agreement between the payor and the agent directing the agent to provide payroll processing services on the payor’s behalf; (ii) the payor holds the agent out to employees and other payees as providing payroll processing services on the payor’s behalf; and (iii) the payor’s obligation to a payee, “including an employee or another party entitled to receive funds via the payroll processing services provided by the agent” is not extinguished if the agent fails to remit the funds.