Annual Registration; Payroll Service Provider

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Effective 1-1-2022.

Sec. 3. (a) The department shall require each payroll service provider to annually register with the department in the manner prescribed by the department.

(b) The department shall prescribe the annual registration form to be used by a registrant under subsection (a). The form must require at least the following:

(1) A list of all responsible persons of the payroll service provider that provide third party payroll services.

(2) A certification and acknowledgment by the payroll service provider that the bank account that is used by the payroll service provider for employer withholding tax deposits shall only be used for employer withholding tax liabilities and other payroll obligations of client employers that the payroll service provider is holding and is required to remit to the appropriate agency, employee of the employer, or other payee as authorized by the employer, and may not be used for any other purpose (other than using the account as a sweep account under section 4 of this chapter), including for the payment of operating expenses or personal use, and that a payroll service provider's withdrawal or use of funds in the account for any other purpose constitutes fraud.

As added by P.L.97-2021, SEC.2.


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