Respondent of a Money-Services Business
The respondent of a money-services business (MSB) is a director, an officer or a partner of the MSB.
Where the MSB is not constituted under a Québec law and does not have its head office or an establishment in Québec, the respondent does not have to be a director, officer or partner of the business. The respondent does have to satisfy the requirements under section 5 of the Money-Services Businesses Act (MSBA) and section 5 of the Regulation under the Money-Services Businesses Act concerning a respondent.
The respondent must be officially appointed as the respondent by the MSB.
A document confirming the appointment must be filed with the licence application. The document can be a resolution of the board of directors or shareholders, or a mandate (power of attorney) from the MSB operator.
The respondent is responsible for:
- filing the licence application for the MSB;
- acting on behalf of the MSB in dealings with us for all follow-up related to the application of the MSBA and related regulations;
- providing all required documents and information and replying to any requests we have regarding the MSB.
We must be able to readily contact the respondent, and the respondent must promptly reply to any request from us.
If the respondent is unable to properly exercise their functions for whatever reason, the MSB must determine whether or not another respondent needs to be appointed.
Generally, if the respondent is no longer able to exercise their functions on an extended basis or definitively, we will expect the MSB to appoint a new respondent and confirm the appointment in an official document filed with us.
If the respondent is temporarily unable to exercise their functions, but the MSB does not consider it necessary to appoint a new respondent, the MSB must notify us that the respondent's responsibilities have been temporarily delegated to a director, officer or partner of the MSB, who will act as a substitute respondent.
The substitute respondent has to exercise the functions and responsibilities as the respondent appointed by the MSB.