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2.59.501    APPLICATION FOR SATELLITE TERMINAL AUTHORIZATION

(1) Application for authorization to install and maintain an automated teller machine may be filed by a financial institution, a business entity owned by a financial institution, or a business entity other than a financial institution.   The application shall be made on forms provided by the department and shall contain the following information in addition to any other information which the department may determine to be necessary.

(a) The name and address of the financial institution or business making application.

(b) The proposed location of the machine.

(c) A general description of the area in which location is proposed and the manner of installation (e.g. freestanding, exterior wall, separate interior booth, etc.)

(d) The types of transactions which will be performed by the machine.

(e) The manner of operation, in detail, including whether the machine is on-line or off-line.

(f) With whom the use of the machine will be presently shared and the terms and conditions under which other financial institutions are participating or may participate in its use.

(g) The manufacturer and model of the machine.

(h) The distance from the proposed location to the principal place of business or branches thereof, of each participating financial institution.

(i) The distance from the proposed location to the nearest facility or main banking house of a bank not sharing the machine.

(j) Safeguards against the possibility of error or fraud in the operation of the machine.

(k) Customer protection procedures, including disclosure of customer rights and liabilities.

(l) Insurance and security provisions protecting the machine and its users.

(m) Owner certification of compliance, as required by 32-6-304, MCA.

(n) Completed specimen copies of all forms to be used in connection with the operation of the machine (e.g. transaction record, periodic account statement, customer information, etc.)

(o) Statement of how personal identification numbers are selected for customers.

(2) Application for authorization to install, maintain and operate a point-of-sale terminal must be filed by the merchant whose place of business is the proposed location of the terminal.   The application shall be made on forms provided by the department and shall contain the following information in addition to any other information which the department may determine to be necessary:

(a) The name and address of the merchant making application.

(b) A general description of the place of business where the terminal is to be located and a description of the location and manner of installation of the terminal within the place of business.

(c) The manner of operation in detail, as it relates to electronic funds transfers, including whether the terminal is on-line or off-line.

(d) The name, address and phone number of the person immediately responsible for supervision of use of the terminal.

(e) With whom the terminal will be presently shared and the terms and conditions under which other financial institutions are participating or may participate in its use.

(f) The manufacturer and model number of the terminal.

(g) The distance from the proposed location to the principal places of business of each participating financial institution.

(h) Safeguards against the possibility of error or fraud in the operation of the terminal.

(i) Customer protection procedures, including disclosure of customer rights and liabilities.

(j) Insurance and security provisions protecting the terminal and its users.

(k) Evidence of compliance with 32-6-305, MCA.

(l) Completed specimen copies of all forms to be used in connection with the electronic funds transfer operation of the terminal (e.g. drafts and receipts) .

(m) Statement of how personal identification numbers are selected for customers.

(3) Changes in the information required by this section which occur after the receipt of authorization to maintain a satellite terminal shall be reported to the department before or at the time they occur.

History: Sec. 32-6-401, MCA; IMP, Sec. 32-6-401, MCA; Eff. 10/25/77; AMD, 1987 MAR p. 1968, Eff. 10/30/87; TRANS, from Commerce, 2001 MAR p. 1178.

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