From a cursory look, I was under the impression that they would need a license in every state that they'd do business in.
Square is exempt from the California Money Transmission Act per FC § 1805(d) (see http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fin...), since it's actually JPMorgan Chase Bank, N.A. that is moving your money.
Square does not have a license.
http://www.dfi.ca.gov/directory/mt.asp
And Square has no plans to get one as of last month.
http://www.dfi.ca.gov/publications/summaries/2011/september....
Would it not be possible for them to partner in the same fashion to do direct debit?