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Hello my name is Faizal Khan I am a banking in a payment themselves a question I get is you know that I've been to the FinCEN website and it says if you do less than $1,000 per day per person you are not in MSP is that correct well I'm not a lawyer for first of all I am NOT a lawyer so this is just my personal opinion you can go ask a certified lawyer for their opinion and they will be happy to give you one providing you pay up for them my opinion is that you know this is a very vague statement it's something that the United States government has put out as a number $1,000 per day per person you know I don't know how many people would want see the need to send more than a thousand dollar sister let's say if I have to send $10,000 I could do five hundred dollars a day for twenty days and you know I achieved that goal but you are still doing money transmission I think we have to look at it in the greater context of what the Bank Secrecy Act says we have to look at it in a greater context of what money laundering acts might say or the Patriot Act may say or the individual laws of each state for money transmission may say and those are deliberately made very vague so that if the government would like to penalize you or go after you because you went strictly against this definition they would find a clause by which they can say you know you are wrong you needed a money transmitter license and he say but but but you know the thousand I said no you didn't read this clause you didn't read this clause so my take on this thing is that this clause should not be taken literally assume that this comes with many caveats and those Cabot's require you to have money transmission even if you're doing something where you don't need a money transmitter license then the Bank Secrecy Act or the Patriot Act may come and say well did you do kyc on this person did you do reporting on this person did you do a no fact check on this person and so forth and if you're not doing those things then they'll get you from that and so if you someone asks me you know I am a business and I if I do it under a under the $1,000 per day per customer limit am I gonna be okay as you know not getting a licenses my answer to that is always no you're not going to be okay and please do not rely on that like I said before this is my personal opinion you may differ you know and that's okay but in my opinion I feel that you should not take this definition literally I hope I was.

FAQ

What is the FinCEN law?
FinCEN's regulations under Section 314(a) enable Federal, State, local, and foreign (European Union) law enforcement agencies, through FinCEN, to reach out to financial institutions to locate accounts and transactions of persons that may be involved in terrorism or significant money laundering.
What is the purpose of FinCEN?
FinCEN's mission is to safeguard the financial system from illicit use and combat money laundering and promote national security through the collection, analysis, and dissemination of financial intelligence and strategic use of financial authorities.
What are FinCEN requirements?
Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax evasion, or other criminal activities.
Who enforces FinCEN?
The Office of Special Measures is responsible for implementing a variety of unique statutory authorities provided to FinCEN, including Section 311 of the USA PATRIOT Act (31 U.S.C.
Why was FinCEN created?
FinCEN was created in 1990 to support federal, state, local, and international law enforcement by analyzing the information required under the Bank Secrecy Act (BSA), one of the nation's most important tools in the fight against money laundering.
What is the full meaning of FinCEN?
FinCEN. Financial Crimes Enforcement Network, Department of the Treasury.
Who is regulated by FinCEN?
FinCEN has the challenging but important task of writing and coordinating the enforcement of anti-money laundering rules for more than 100,000 banks, credit unions, money services businesses (MSBs), insurance companies, securities brokers, casinos, mutual funds, precious metal dealers, and other financial institutions ...
Who does FinCEN apply to?
FinCEN has the challenging but important task of writing and coordinating the enforcement of anti-money laundering rules for more than 100,000 banks, credit unions, money services businesses (MSBs), insurance companies, securities brokers, casinos, mutual funds, precious metal dealers, and other financial institutions ...
What does the FinCEN stand for?
FinCEN. Financial Crimes Enforcement Network, Department of the Treasury.
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