Ga. Comp. R. & Regs. R. 80-12-5-.05 - Minimum Requirements for Books and Records
An MALPB must maintain the following books and records:
(a) All records required to
be maintained by federal, state or, if applicable, international law, rules, or
regulations, including, but not limited to, the rules enacted by the Department
to carry out the provisions of the Act;
(b) All records required to be maintained by
the applicable payment card networks;
(c) All contracts related to the MALPB's
provision of merchant acquiring activities, including, but not limited to,
contracts with payment card networks, merchants, affiliates, subsidiaries,
eligible organizations, and support organizations;
(d) All records related to compliance with
payment card network data security standards, such as Payment Card Industry
Data Security Standard ("PCI DSS"), including, but not limited to, records
indicating data security deficiencies by the MALPB, affiliates, subsidiaries,
eligible organizations, support organizations, and merchants;
(e) All records related to the clearing and
settlement of transactions through the payment card networks including, but not
limited to, remittances to payment card networks;
(f) All reports or other compilation of data
provided to payment card networks and/or merchants related to
transactions;
(g) All records
related to chargebacks, and business format change;
(h) Daily account of merchant funds broken
down by merchant;
(i) Copies of all
trust or custodial account agreements;
(j) Records of all complaints and records of
disposition;
(k) Copies of
examination reports prepared by any agency, division, or instrumentality of the
United States, the State of Georgia or any other state, or any foreign country
which report relates to the merchant acquiring activities of the
MALPB;
(l) Copies of reports
required to be prepared or submitted by the MALPB to any agency, division, or
instrumentality of the United States, the State of Georgia or any other state,
or any foreign country which report relates to the merchant acquiring
activities of the MALPB;
(m) Copies
of documents related to any adverse action taken by any agency, division, or
instrumentality of the United States, the State of Georgia or any other state,
or any foreign country, including, but not limited to, a revocation or
suspension of a license or charter or the imposition of a fine or civil
monetary penalties;
(n) Copies of
all payroll records, including, but not limited to, federal and state
withholding tax forms such as W-2s filed with the Internal Revenue Service by
the MALPB on behalf of individuals employed by the MALPB;
(o) Employee files for all employees which
shall include a Georgia Crime Information Center criminal background check and
National Crime Information Center background check;
(p) Subject to the limitations in O.C.G.A. §
7-9-12, a deposit record which
contains a continuing itemized record of all activity in the deposit
account;
(q) An income and expense
register and all of the supporting documentation related to income and
expenses;
(r) A daily statement for
each business day properly supported by a general ledger showing daily activity
to each asset, liability, and capital account;
(s) Minutes from all meetings of the MALPB's
Board of Directors and the committees of the Board of Directors;
(t) A shareholder list;
(u) An investment register and investment
safekeeping report; and
(v)
Information on transactions with holding companies, affiliates, and
subsidiaries with respect to the terms and circumstances of such transactions
and the basis of fees or other charges in order to determine compliance with
Rules 80-12-9-.01 and
80-12-9-.02.
Notes
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