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Terms Used In New Jersey Statutes 17:15A-31

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
2. As used in this act:

“Applicant” means a person who has applied or is in the process of applying for a license pursuant to this act.

“Automated cash machine” means an unmanned communications terminal which dispenses cash, traveler’s checks or both; does not accept deposits; and through which transactions with banking institutions are consummated.

“Automated check cashing machine” means an unmanned communications terminal which only cashes checks for a fee.

“Check” includes a check, draft, money order, negotiable order of withdrawal and similar types of negotiable instruments.

“Commissioner” means the Commissioner of Banking and Insurance.

“Controlling interest” means ownership, control or interest in 25% or more of the outstanding and issued voting stock of the check cashing business.

“Customer” means any person who seeks to have a check cashed by a licensee but does not include the maker of a check payable to another person.

“Department” means the Department of Banking and Insurance.

“Fee” includes any fee, charge, cost, expense, or other consideration.

“License” means a license issued pursuant to this act and held by a licensee, which license authorizes the licensee to cash checks for a fee as provided pursuant to this act.

“Licensee” means a person who holds, or who should hold, a license pursuant to this act.

“Limited branch office” means a private premises where a licensee maintains and makes available to the particular group specified in the authorization, and to that group only, the facilities for cashing checks, drafts, or money orders on the designated premises for no more than two days of each week as designated in the authorization pursuant to subsection c. of section 12 of this act and also includes the premises where payroll services are provided.

“Mobile office” means any vehicle or other moveable means from which the business of cashing checks is conducted.

“Natural person” does not include a payee identified on the payee line of a check as a partnership, professional association, company, corporation, or other business entity.

“Office” includes a principal office and a full branch office.

“Payroll check” means a check issued by an employer to its employee in payment of salary or wages for services rendered by the employee.

“Payroll service” means a service provided, pursuant to a written agreement, by a licensed check casher to an employer in which the employer pays a fixed fee or rate for the on-site delivery of payroll or cashing of payroll checks issued to its employees, at no cost to the employees.

“Person” has the meaning given that word in R.S.1:1-2.

“Substantial stockholder” means any person who beneficially owns or controls more than 10% of the outstanding voting shares of an applicant or a licensee.

L.1993, c.383, s.2; amended 2003, c.252, s.1; 2015, c.233, s.1.