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According to the CEO of WePay, they have confirmed with the DFI that they do not require a money transmitter's license:

http://www.quora.com/Does-WePay-have-a-money-transmitter-lic...

Aaron himself says Square isn't a money transmitter:

http://www.quora.com/Square-company/Will-Square-be-subject-t...

Payment processors are regulated differently than money transmitters:

The money transmitter definition also provides that “the acceptance and transmission of funds as an integral part of the execution and settlement of a transaction other than the funds transmission itself ... will not cause a person to be a money transmitter.”

[...]

FinCEN has already concluded that a merchant payment processor acting exclusively on behalf of merchants receiving payments for goods and services, rather than on behalf of consumers making payments to merchants, is not a money transmitter.




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