{"data":{"id":"us-ky/krs-286.9-010","jurisdiction":"us-ky","citation":"KRS 286.9-010","heading":"Definitions for subtitle.","body":"As used in this subtitle, unless the context requires otherwise:\n(1) \"Affiliate\" means a person who directly or indirectly through one (1) or more\nintermediaries controls or is controlled by, or is under common control with, a\nlicensee;\n(2) \"Applicant\" mea ns a person filing an application or renewal application for a\nlicense in accordance with this subtitle;\n(3) \"Archive\" means to copy data to a long -term storage mechanism apart from the\ndatabase;\n(4) \"Cashing\" means providing currency for a payment instrument;\n(5) \"Check\" means any check, draft, money order, personal money order, travelers'\ncheck, or other demand instrument for the transmission or payment of money;\n(6) \"Check cashing license\" means a license issued pursuant to this subtitle by the\ncommissioner to conduct the business of cashing checks in this Commonwealth;\n(7) \"Closed\" or \"close\" means that one (1) of the following has occurred in connection\nwith a deferred deposit service transaction concerning the customer's payment\ninstrument:\n(a) The pay ment instrument is redeemed by the customer by payment to the\nlicensee of the face amount of the payment instrument in cash;\n(b) The payment instrument is exchanged by the licensee for a cashier's check or\ncash from the customer's financial institution;\n(c) The payment instrument is deposited, or submitted as an electronic check\npursuant to federal law and with specific customer aut horization to do so, by\nthe licensee, and the licensee has evidence that the person has satisfied the\nobligation;\n(d) The payment instrument is collected by the licensee or its agent through any\ncivil remedy available under the laws of this state; or\n(e) Any other reason that the commissioner may deem to be proper under this\nsubtitle;\n(8) \"Consideration\" means any premium or fee charged of any kind for the sale of\ngoods or services in excess of the cash price of the goods or services;\n(9) \"Control\" means:\n(a) Ownership of, or the power to vote, directly or indirectly, twenty -five percent\n(25%) or more of a class of voting securities or voting interests of a licensee\nor applicant, or the person in control of a licensee or applicant;\n(b) The power to elect a m ajority of executive officers, managers, directors,\ntrustees, or other persons exercising managerial authority over a licensee or\napplicant, or the person in control of a licensee or applicant; or\n(c) The power to exercise, directly or indirectly, a contro lling influence over the\nmanagement or policies of a licensee or applicant, or the person in control of a\nlicensee or applicant;\n(10) \"Customer\" means a person who inquires into the availability of or applies for a\ndeferred presentment service transaction or a person who enters into a deferred\npresentment service transaction;\n(11) \"Customer transaction data\" means all data reported to the database pertinent to a\nparticular customer transaction, including the date of the transaction, identification\nof the li censee and location, the sum of money involved, the time payment is\ndeferred, fees charged, any alleged violations of this subtitle, and any identifying\ncustomer information;\n(12) \"Database\" means the database described in KRS 286.9-140;\n(13) \"Database provider\" means one (1) of the following:\n(a) A third-party provider selected by the commissioner in accordance with KRS\n286.9-140 to operate the statewide database described in that section; or\n(b) The commissioner, if the commissioner has not selected a third-party provider\nin accordance with KRS 286.9-140;\n(14) \"Deferred deposit service business\" means a person who engages in deferred\ndeposit transactions;\n(15) \"Deferred deposit service business license\" means a license issued in accordance\nwith this subtit le by the commissioner to conduct check cashing and deferred\ndeposit service business in this Commonwealth;\n(16) \"Deferred deposit transaction\" or \"deferred presentment service transaction\" means,\nfor consideration, accepting a payment instrument, and hold ing the payment\ninstrument for a period of time prior to deposit or presentment in accordance with\nan agreement with or any representation made to the customer whether express or\nimplied;\n(17) \"Delete\" means to erase data by overwriting the data;\n(18) \"Identifying customer information\" means the name of the customer, his or her\nSocial Security number, driver license number, or other state -issued identification\nnumber, address, any account numbers or information specific to a payment\ninstrument provided by a  customer to a licensee, a bank, savings bank, savings and\nloan association, or credit union, and any other nonpublic, personal financial\ninformation of a customer entered into the database or that comes into the\npossession of the database provider through customer or licensee inquiry or report;\n(19) \"Licensee\" means a person who has been issued either a check cashing license or a\ndeferred deposit service business license by the commissioner in accordance with\nthis subtitle to conduct check cashing or defer red deposit service business in the\nCommonwealth;\n(20) \"Maturity date\" means the date on which a payment instrument is authorized to be\nredeemed or presented for payment; and\n(21) \"Payment instrument\" means a check, draft, money order, or traveler's check,  for\nthe transmission or payment of money sold or issued to one (1) or more persons,\nwhether or not such instrument is negotiable.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53717","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:14Z","sha256":"86536cf2e28c4f601a45e39aa05a10127b48fb0f186905e4e24ab1cb19ff4498","source_id":"us-ky","stale":false,"prev":"us-ky/krs-286.8-990","next":"us-ky/krs-286.9-020"},"notice":"GroundRules: Original legal text. Not legal advice."}