Section 12. Agents.--(a) A licensee or exempted person may conduct business at one or more locations through such agents as the licensee or exempted person may from time to time appoint. No license or any license fee shall be required of any such agent.
(b) An agent engaged in the business of money transmission or virtual currency transmission under subsection (a) or subject to an exemption under section 3 shall be appointed pursuant to a written agreement between the agent and the person on whose behalf the agent is acting. ((b) amended June 27, 2025, P.L.9, No.7)
(c) The written agreement shall contain at least the following provisions:
(1) There is consent by the agent and the person on whose behalf the agent is acting.
(2) The agent is acting on behalf of the person employing the agent's service for the transmission of money or virtual currency. ((2) amended June 27, 2025, P.L.9, No.7)
(3) The agent is subject to the control of the person on whose behalf the agent is acting, meaning that the licensee or exempted person takes complete financial responsibility for the money or virtual currency being transmitted from the moment an individual initiates the transmission of money or virtual currency until the intended recipient receives the transmitted money or virtual currency. ((3) amended June 27, 2025, P.L.9, No.7)
(4) There is no risk of loss to the individual initiating the transaction if the agent fails to remit the funds to the person on whose behalf the agent is acting.
(5) Receipt of funds by the agent is deemed receipt of funds by the person on whose behalf the agent is acting.
(6) The agent may not provide money transmission or virtual currency transmission outside the scope of activity permissible under the written agreement between the agent and the person on whose behalf the agent is acting except to the extent that the agent is licensed itself or operating as an agent for another person. ((6) amended June 27, 2025, P.L.9, No.7)
(7) Individuals doing business with the agent are aware that the agent is working on behalf of the person on whose behalf the agent is acting.
(12 amended Nov. 3, 2016, P.L.1002, No.129)
Compiler's Note: Section 16 of Act 129 of 2016, which amended section 12, provided that the amendment shall not apply to a transaction which was conducted prior to the effective date of section 16.