BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month March 25, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Banking and Finance
  • schedule 90 minutes

Complying With Money Transmission Laws: FBO Accounts and Other Exemptions, Federal and State Regulatory Framework

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About the Course

Introduction

This CLE webinar will examine current legal requirements for money transmission and the licensing exemptions available to money transmitters at both the federal and state levels. The panel will also discuss the advantages and potential pitfalls of For Benefit Of (FBO) accounts for banks and the money transmitters that partner with them.

Description

Any business looking to move money in connection with its products or services needs to consider how laws and regulations applicable to money transmission might apply to their business. Fintechs and other companies must distinguish between primary and incidental money transmission and the federal and state requirements with respect to each activity. They must also have an understanding of the available exemptions.

The Bank Secrecy Act of 1970 governs money transmission at the federal level, with the Financial Crimes Enforcement Network (FinCEN) being tasked with enforcing compliance. The Money Transmission Modernization Act (MTMA) was approved for state adoption by the Conference of State Bank Supervisors and to date has been enacted in full or in part in 31 states. However, state regulations remain varied and inconsistent and can present the most difficult part of figuring out a compliance strategy.

FinCEN has approved exemptions for certain types of businesses, including companies that process payments as their primary business activity and use regulated payment networks like ACH and Fedwire, and e-commerce companies like Airbnb and Uber that handle payments on behalf of a provider of goods or services.

To reduce money transmitter risk, fintechs may partner with banks that offer FBO accounts opened for the benefit of the fintech's customers, with funds flowing through an account owned and controlled by the bank. But they must structure their relationships and services to fit the bank's requirements. Contractual provisions and operational procedures must be sufficient to give the bank comfort that proper transaction monitoring and accounting will be done.

Listen as our authoritative panel discusses the state and federal regulatory framework around money transmission and the available exemptions, including FBO accounts. The panel will also discuss if state adoption of the MTMA has created a more unified and consistent approach to the application process and regulation of money transmitters.

Presented By

Jeremy M. McLaughlin
Partner
K&L Gates LLP

Mr. McLaughlin leads the firm's Payments, Banking Regulation, and Consumer Financial Services practice group, and co-chairs both the Fintech industry group and the Digital Assets, Blockchain Technology and Cryptocurrencies industry group. His practice focuses on regulatory compliance and enforcement for fintechs, digital asset and cryptocurrency companies, and other consumer financial products and services, including emerging payment and prepaid products. Mr. McLaughlin counsels clients on compliance with a wide range of laws, including state and federal consumer protection laws, money transmitter laws, international remittances, anti-money laundering laws, abandoned property laws, gift card rules, sweepstakes laws, and payment network rules. He helps clients negotiate and draft agreements involving payment technologies and licensing issues, custodial arrangements, and draft terms and conditions and disclosures for new products. He also serves as regulatory counsel in connection with investments, including conducting due diligences of payment companies and digital asset and cryptocurrency platforms. Mr. McLaughlin is a regular speaker at fintech and cryptocurrency conferences both in the U.S. and abroad and is a regular contributor to the Fintech and Blockchain Law Watch blog.



Linda C. Odom
Partner
K&L Gates, LLP

Ms. Odom, a partner, has over 25 years' experience in financial services technology representing banks, credit unions, payments companies and fintechs. She focuses on helping structure diverse payment programs to meet or limit regulatory requirements and then drafting partner, vendor, and customer contracts and disclosures to meet business and regulatory compliance goals. As a decades-long intellectual property and technology lawyer, her understanding of the underlying payments technologies allows her to be more effective in advising clients and negotiating commercial transactions in these areas. In the last few years Ms. Odom has focused on faster payments, fintech M&A due diligence and cryptocurrency and cannabis payments. 

Felix Shipkevich
Principal
Shipkevich, PLLC

Mr. Shipkevich is the founder and principal of Shipkevich PLLC, a New York City-based law firm focusing on transactional and litigation services in global financial services, debt relief and settlement, FinTech, and emerging digital currency sectors. He is also a Special Professor of Law at his alma mater, the Maurice A. Deane School of Law at Hofstra University. Mr. Shipkevich currently teaches popular courses on the business and policies of cryptocurrencies as well as corporate finance law. Additionally, he gives talks on topics such as financial technology, digital currency, and regulation issues in the debt settlement industry. Mr. Shipkevich has participated at gatherings across the United States, Europe and Asia, including Federal Bar Association’s Blockchain: From Innovation to Regulation; Blockchain Law Summit’s Blockchain and Cryptocurrency Regulations in the U.S. and Abroad; as well as NFT.NYC Token Regulations Panel; Reg A Conference; Hofstra University’s Payments Processing Roundtable; The Blockchain Event; IMTC World; Revcon Debt Relief, Financial Services Convention and many others. An entrepreneur as well, Mr. Shipkevich is the founder of Hotspot Law, a revolutionary new platform and mobile phone app that connects consumers with free consultations with local attorneys. He is also the founder of Payment Week, a payments industry news magazine covering mobile payments, which was sold to a national financial services company in 2015.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, March 25, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Money transmission defined: types of money transmitters

II. Federal regulation: Bank Secrecy Act and FinCEN

III. State regulation: patchwork of varying regulations

IV. Federal exemptions

V. FBO accounts

A. Contractual terms

B. Concerns for banks

C. Concerns for fintech and other money transmitters using FBO accounts

VI. Money Transmission Modernization Act (Money Transmitter Model Law)


The panel will review these and other important issues:

  • What constitutes money transmission, and how is it regulated at the federal and state levels?
  • What types of money transmitters are exempt from federal regulation?
  • To what extent do state laws recognize the same or similar exemptions?
  • How is an FBO account structured, and what are the key issues with which banks need to be concerned?