Regulation on the nature, scope and form of the required documents within the meaning of Article 19 (2), second sentence, of the Payment Services Supervisory Act (Agent Detection Regulation-AgNwV)

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AgNwV

Date of completion: 15.10.2009

Full quote:

" The Agent Detection Regulation of 15. October 2009 (BGBl. 3641) "

Footnote

(+ + + Text evidence from: 31.10.2009 + + +)   

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Input formula

On the basis of § 19 (5) sentence 1 and 3 of the Payment Services Supervisory Act of 25 June 2009 (BGBl. 1506), the Federal Ministry of Finance, in consultation with the Deutsche Bundesbank, after hearing the associations of the payment institutions: Unofficial table of contents

§ 1 Nachweise

(1) As proof of the reliability and professional competence of an agent, a payment institution shall, for the purposes of § 19 (2) sentence 1 of the Payment Services Supervisory Act, at least obtain:

1.

an up-to-date certificate of management of the agents of the agent and of the persons responsible for the management (Section 30 (1) of the Federal Central Register Act);

2.

an up-to-date information from the Business Central Register (§ § 149, 150 of the Commercial Code) for the agent, the manager of the agent and the persons responsible for the management of the business;

3.

an up-to-date information from the list of debtors according to § 915 of the Code of Civil Procedure and the list of debtors according to Article 26 (2) of the Insolvency Code for the agent, the agents of the agent and those responsible for the management of the debtor persons;

4.

Statements made by the agents of the agent and the persons responsible for the management, as well as the accompanying documents, in accordance with § 10 (1) of the ZAG-Ad Regulation;

5.

an up-to-date health certificate issued by the financial office for the agent, the manager of the agent and the persons responsible for the management;

6.

an up-to-date information of the commercial authority according to § 14 of the Commercial Code for the agent;

7.

an up-to-date information from the commercial register for the agent;

8.

the last annual financial statements or the last income statement of the agent and an up-to-date economic evaluation;

9.

current reporting certificates of the agents of the agent and of the persons responsible for the management;

10.

Uninterrupted lifestyles signed by the agents of the agent and those responsible for the management, containing all education and training and professional and commercial activities;

11.

the usual evidence of activity and evidence of education and training as specified in the curriculum vitae referred to in point 10, as well as professional and commercial activities;

12.

Evidence of official authorisations and authorisations required in accordance with point 10 of the curriculum vitae and of the trade declaration referred to in paragraph 6.

The payment institution shall actively pursue any imperfections, defects and contradictions in relation to the documents and information provided or obtained by the agent, for the managers of the agent or for the persons responsible for the responsible persons, and to educate them. If necessary, further evidence should be obtained. For agents within the meaning of Section 19 (4) of the Payment Services Supervisory Act, comparable government information shall be obtained, provided that they are issued in the State in which the agent is established. If the law of the State in which the agent is established, further evidence is provided for in accordance with Article 17 (1) (c) of Directive 2007 /64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market, Amendments to Directives 97 /7/EC, 2002 /65/EC, 2005 /60/EC and 2006 /48/EC, and repealing Directive 97 /5/EC (OJ L 327, 30.12.1997, p. 1, OJ L 319, 18.7.2009, p. 5), these must also be obtained. (2) Professional competence requires the evidence of sufficient theoretical and practical knowledge of the agent to be provided on the payment services to be provided. Unofficial table of contents

§ 2 Ensuring permanent compliance with the obligations

(1) In order to ensure that the agent is reliable and professional in the long term, in order to ensure that the agent meets the legal requirements in the course of the provision of the payment services and meets his obligations to provide information, the payment institution with the agent shall have a (2) The payment institution shall be subject to written agreement which establishes the obligations of the agent and the rights of the payment institution, including the right of instructions and dismissal of the payment institution and its auditors. has to document the checks of the agent. The evidence required in accordance with § 1 (1) that the agent is reliable and technically suitable shall be renewed at appropriate intervals on a regular basis. Unofficial table of contents

§ 3 Exception for supervised agents

The provisions of this Regulation shall not apply where the agent is a credit, e-money, credit, credit, credit, credit, credit, credit or credit card, regulated in the territory of the country or in another Member State of the European Union or another State Party to the Agreement on the European Economic Area, Financial services or payment institution. Unofficial table of contents

§ 4 Entry into force

This Regulation shall enter into force on 31 December October 2009, in force.