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In the rapidly evolving financial industry, maintaining regulatory compliance is of paramount importance.

At Dilendorf Law Firm, our dedicated team of professionals offers a specialized service — the FBO (For the Benefit Of) Opinion Letter — to guide our clients through the intricacies of the regulatory landscape.

Our FBO Opinion Letter service is the result of years of experience and in-depth knowledge in the legal and regulatory aspects of payments and money services businesses.

We understand that every business has unique needs, and we craft our opinion letters with meticulous attention to the specific circumstances of each client.

We are committed to offering a comprehensive and thorough analysis of your business model, funds flows, the role of any material service providers that you employ, and your relationship with your bank.





Dilendorf Law Firm provides FBO Opinion Letters, aiding businesses with their FBO Custodial Accounts, ensuring regulatory compliance and promoting secure, transparent financial operations

Our extensive review includes:

  • Business Model Analysis: We examine your business model, highlighting its unique aspects, identifying potential regulatory risks, and providing solutions for maintaining compliance.
  • Funds Flow Review: We detail the flow of funds within your business, ensuring the clarity and transparency of your financial operations.
  • Service Provider Evaluation: If you work with any service providers, we assess their role in your operations and their impact on your regulatory compliance.
  • Bank Relationship Overview: We thoroughly discuss the dynamics of your relationship with your bank, emphasizing your role as the bank’s customer and not a service provider.

We provide a comprehensive FBO (For the Benefit Of) Opinion Letter to our clients, aiding them in maintaining transparency and compliance in their financial operations.

Our detailed letter outlines the key facts regarding the business model and funds flows of the client, incorporating all relevant aspects of the relationship between the client and the bank.

This service is crafted to meet the specific needs of money transmitters and other financial entities using FBO custodial accounts.

FBO Custodial Account: What is it?

An FBO (For Benefit Of) Custodial Account is a specialized type of bank account designed to safeguard funds for a third party. The term “for benefit of” refers to the financial arrangement where the funds held within the account are not owned by the bank but are held in trust for a specific party or parties.

The distinguishing characteristic of an FBO Custodial Account is the nature of ownership and control over the funds. The account is held in the bank’s name, but the funds are designated ‘for the benefit of’ a specific third party, often a client of the bank.

The bank holds these funds in custody, separating them from its own assets. This means that, even in the event of the bank’s financial difficulties or insolvency, the third party’s funds are protected from creditors.

While the bank holds the account, it does not have control over the funds within it. The client, though not having direct access or control, benefits from the account, with the bank managing the funds according to the client’s instructions and best interests.

FBO Custodial Accounts are utilized in a wide range of scenarios across industries. They are particularly beneficial for:

  • Money Transmitters: These businesses, which facilitate the transfer of funds domestically and internationally, use FBO Custodial Accounts to safeguard their clients’ money during transactions.
  • Investment Advisors and Brokerage Firms: These entities often use FBO accounts to hold client assets separately and securely while facilitating trades and investments.
  • Trusts and Estates: FBO Custodial Accounts can be used to securely hold and manage funds for the beneficiaries of a trust or estate.
  • Real Estate Transactions: In a property transaction, an FBO account can be used to hold escrow funds, ensuring they are safe until the transaction is complete.
  • Businesses Processing Large Volumes of Customer Payments: Companies that handle significant customer transactions, such as utility companies or large retailers, can use FBO accounts to segregate and protect customer funds.

What is an FBO Custodial Account for Money Transmitters?

In essence, an FBO Custodial Account is a financial account held by a bank or another financial institution in which the funds are held ‘for the benefit of’ a third party.

In the context of money transmitters, this third party is often their clients—the individuals or entities that have engaged the money transmitter’s services.

The money transmitter, while acting as a custodian for these funds, does not own them. The funds are held by the bank, but the bank also doesn’t own them—they are set aside specifically for the benefit of the third-party clients.

How does an FBO Custodial Account Benefit Money Transmitters?

Several key benefits make FBO Custodial Accounts extremely valuable for money transmitters:

  • Security and Safety: Because the funds in an FBO Custodial Account are separated from the bank’s own assets, they are protected even if the bank faces financial difficulties or insolvency. This protects the clients’ funds and maintains the reputation and credibility of the money transmitter.
  • Regulatory Compliance: FBO Custodial Accounts allow money transmitters to meet regulatory requirements regarding the safekeeping of client funds. Many jurisdictions require that client funds be held separately to ensure their safety and integrity.
  • Operational Efficiency: Using FBO Custodial Accounts can simplify funds management for money transmitters. As the funds are segregated, tracking and reporting client transactions become more streamlined and transparent.
  • Trust and Transparency: By keeping clients’ funds in an FBO Custodial Account, money transmitters demonstrate transparency and build trust with their clients. It assures clients that their funds are safe, well-managed, and separate from the operational funds of the money transmitter or the bank.

Regulatory Considerations for Money Transmitters using FBO Custodial Accounts

While FBO Custodial Accounts offer significant advantages, they also bring about regulatory considerations that money transmitters must understand and manage.

The money transmitter’s role as the custodian of clients’ funds and their relationship with the bank necessitates careful compliance with federal and state laws. The money transmitter acts as the bank’s customer and not as a service provider, with the FBO Custodial Account not establishing a customer relationship between the bank and the money transmitter’s clients.

Compliance requirements extend to the understanding and management of funds flow, knowledge of the obligations towards the clients and the bank, and potential regulatory risks.

In this complex and highly regulated environment, obtaining legal opinion becomes crucial for opening and operating U.S. bank accounts for payment facilitation. At Dilendorf Law Firm, our FBO Opinion Letter service provides comprehensive analysis and advice for money transmitters using FBO Custodial Accounts, helping them to navigate the regulatory landscape effectively and confidently.

Crafting such letters involves a systematic process that adheres to a stringent set of guidelines.

  • Legal Opinion Preparation

Each FBO Opinion Letter is meticulously prepared by our team of experienced money transmitter attorneys. Our lawyers have deep experience in the law and regulation of payments and money services businesses.

This depth of knowledge ensures that the legal opinion is both robust and finely tuned to the specifics of each client’s situation.

  • Client-Centric Approach

Our FBO Opinion Letters are client-centric. The letter is addressed to, and paid for by the client, and the client is the primary recipient. We believe that this approach fosters transparency and accountability.

  • Collaboration and Engagement

We believe that effective legal counsel requires open dialogue and collaboration. A copy of the FBO Opinion Letter is provided to the bank involved in the custodial arrangement, and our counsel is available to discuss the letter and its implications with the bank’s counsel.

This engagement ensures that all parties understand the legal opinion and its basis.

  • Comprehensive Analysis

Our FBO Opinion Letters provide a comprehensive analysis of the client’s business model, funds flows, and the client’s relationship with the bank, including any material service providers. We investigate and describe these elements in detail, ensuring that the letter provides a complete picture of the client’s operations and legal position.

  • Federal and State Law Considerations

The legal opinion we provide is not merely a set of conclusions; instead, it offers an in-depth analysis of the client’s activities in light of federal and state money transmission law. We provide a reasoned basis for our findings, ensuring that the letter is grounded in a robust legal analysis.

While we don’t conduct a full survey of the laws of all states, we provide a solid basis for generalizing our conclusions to the jurisdictions relevant to the particular model.

Should we be aware of any material contrary authority based on our general experience, we will include this in the letter.

  • Balance of Risk and Benefit

Our goal is to balance the need for comprehensive legal research and analysis with the practical considerations of cost and efficiency. We strive to make our FBO Opinion Letters as thorough and informative as possible while also being mindful of the resources available to our clients.

  • Ongoing Support and Advice

The issuance of an FBO Opinion Letter is not the end of our engagement. We stand ready to provide ongoing legal advice and support, helping our clients navigate any changes in the legal and regulatory landscape and advising on any adjustments needed to maintain compliance.

In summary, our FBO Opinion Letters reflect our commitment to providing our clients with high-quality, relevant, and practical legal advice. We leverage our extensive experience and knowledge in the field to give our clients the confidence and clarity they need to navigate their regulatory obligations.

To learn more about our FBO Opinion Letter service, or to schedule a consultation, please do not hesitate to get in touch with us at (212) 457-9797 or via email at

Contact us today to start the conversation and let us support your journey towards compliance and operational excellence.



State Money Transmitter Licensing Authorities:

State State Money Transmitter Licensing Authority
Alabama Alabama Securities Commission
Alaska Alaska Division of Banking and Securities
Arizona Arizona Department of Financial Institutions
Arkansas Arkansas Securities Department
California California Department of Business Oversight
Colorado Colorado Division of Banking
Connecticut Connecticut Department of Banking
Delaware Delaware Office of the State Bank Commissioner
District of Columbia District of Columbia Department of Insurance, Securities and Banking
Florida Florida Office of Financial Regulation
Georgia Georgia Department of Banking and Finance
Hawaii Hawaii Department of Commerce and Consumer Affairs
Idaho Idaho Department of Finance
Illinois Illinois Department of Financial & Professional Regulation
Indiana Indiana Department of Financial Institutions
Iowa Iowa Division of Banking
Kansas Kansas Office of the State Bank Commissioner
Kentucky Kentucky Department of Financial Institutions
Louisiana Louisiana Office of Financial Institutions
Maine Maine Office of Consumer Credit Protection
Maryland Maryland Department of Labor, Licensing & Regulation
Massachusetts Massachusetts Office of Consumer Affairs and Business Regulation
Michigan Michigan Department of Insurance and Financial Services
Minnesota Minnesota Department of Commerce
Mississippi Mississippi Department of Banking and Consumer Finance
MIssouri MIssouri Division of Finance
Montana Montana Division of Banking & Financial Institutions
Nebraska Nebraska Department of Banking and Finance
Nevada Nevada Department of Business & Industry
New Hampshire New Hampshire Banking Department
New Jersey New Jersey Department of Banking & Finance
New Mexico New Mexico Regulation and Licensing Department
New York New York Department of Financial Services
North Carolina North Carolina Commissioner of Banks
North Dakota North Dakota Department of Financial Institutions
Ohio Ohio Department of Commerce
Oklahoma Oklahoma Banking Department
Oregon Oregon Division of Financial Regulation
Pennsylvania Pennsyvlania Department of Banking and Securities
Rhode Island Rhode Island Department of Business Regulation
South Carolina South Carolina Attorney General
South Dakota South Dakota Division of Banking
Tennessee Tennessee Department of Financial Institutions
Texas Texas Department of Banking
Utah Utah Department of Financial Institutions
Vermont Vermont Department of Financial Regulation
Virginia Virginia State Corporation Commission
Washington Washington State Department of Financial Institutions
West Virgnia West Virginia Division of Financial Institutions
Wisconsin Wisconsin Department of Financial Institutions
Wyoming Wyoming Division of Banking

Stablecoins Federal Guidelines

New York



  • OFR-560-01 – Application to Register as a Money Services Business
  • OFR-560-02 – Location Notification Form
  • OFR-560-03 – Declaration of Intent to Engage in Deferred Presentment Transactions
  • OFR-560-04 – Money Services Business Quarterly Report Form
  • OFR-560-05 – Pledge Agreement
  • OFR-560-06 – Money Services Business Surety Bond Form
  • OFR-560-07 – Security Device Calculation Form
  • Chapter 560, Florida Statutes – Money Services Businesses
  • Rule 69V-560, Florida Administrative Code – Money Transmitters
  • Form OFR-560-09 – Disciplinary Guidelines for Money Services Businesses
  • Security Device Calculation Form
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