In recent years, payroll companies have experienced a significant shift in the regulatory landscape. Previously unregulated or unaware of potential regulations, these companies are now facing increased scrutiny from various states. 

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Texas Leads the Way 

Texas was among the first states to take enforcement action against a payroll company, asserting that such companies fall under the definition of a money transmitter. This revelation meant that payroll companies in Texas needed a money transmitter license to provide their services. 


Regulatory Interpretations Spread 

Following Texas, other states such as Connecticut, Idaho, and New Hampshire interpreted their existing laws to include payroll companies as money transmitters. This interpretation implies that if a company receives funds from an employer, holds them in their accounts, and then disburses them to employees or taxing authorities, they are considered money transmitters and require licensing by the state financial regulator. 


Model Money Transmission Modernization Act (MTMA) 

In 2020, the Conference of State Bank Supervisors (CSBS) developed the Model Money Transmission Modernization Act (MTMA). The MTMA explicitly includes providing payroll processing services within the definition of money transmission.  


Several states have already enacted the MTMA, either in whole or in part. However, some states, like Indiana, adopted the MTMA but excluded the provision related to payroll providers. 


Challenges and Compliance Obligations 

This evolving regulatory landscape has prompted the payroll industry to reassess their operations across all states and territories where money movement occurs. They must determine if they fit the definition of money transmission in each jurisdiction and whether there are clear exceptions in the law. If no exception exists, payroll companies must obtain licenses or seek clarification from state regulators regarding their licensing requirements. 


Navigating Complex State Laws 

This paradigm shift in regulations poses numerous challenges for payroll companies. They now face the task of navigating complex and varying state laws. Compliance efforts require thorough analysis and understanding of each state’s regulations to ensure proper licensure and adherence to requirements. 


Administrative Burden and Operational Complexity 

The administrative burden associated with obtaining licenses and meeting compliance obligations adds complexity and costs to payroll operations. It necessitates the allocation of sufficient resources to ensure compliance, such as investing in robust internal control systems, data security measures, and staff training. 


Collaboration and Mitigating Impact 

Collaboration between payroll providers and regulatory authorities becomes paramount in mitigating the impact of these new regulations. Open communication channels and regular dialogues foster mutual understanding and facilitate the development of practical and workable solutions. 



The regulatory landscape for payroll companies has shifted dramatically in recent years.  

From being unregulated entities, payroll providers are now subject to increased scrutiny and regulatory requirements. Understanding and complying with state regulations is essential for these companies to continue their operations effectively. Through proactive measures and collaboration, the payroll industry can adapt to these new regulations and thrive in the changing landscape. 

Connect with an expert to learn more about partnering with Asure to provide payroll services to your clients.

Watch our video, NACHA, Bank Secrecy Act, Money Transmitter Law: What Businesses Must Know   

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