Regulation On The Nature, Scope And Form Of The Required Supporting Documents Within The Meaning Of § 19 (2) Sentence 2 Of The Payment Service Supervisory Law
Original Language Title: Verordnung über Art, Umfang und Form der erforderlichen Nachweise im Sinne des § 19 Absatz 2 Satz 2 des Zahlungsdiensteaufsichtsgesetzes
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Regulation on the nature, scope and form of the required supporting documents within the meaning of § 19 (2) sentence 2 of the payment service supervision Act (agent regulation - AgNwV) AgNwV Ausfertigung date: 15.10.2009 full quotation: "agent regulation by October 15, 2009 (BGBl. I p. 3641)" footnote (+++ text detection from: 31.10.2009 +++) input formula on the basis of § 19 paragraph 5 sentence 1 and 3 of the payments service supervisory Act of June 25, 2009 (BGBl. I p. 1506) the Federal Ministry of finance in consultation with the German Bundesbank prescribed after consultation with the associations of the payment institutions : § 1 evidence (1) as proof of a payment institution for the purposes of section 19 paragraph 2 sentence 1 of the payment service supervision law to catch up with at least has the reliability and professional competence of agents: 1 a current certificate of the Managing Director of the agent and of the persons responsible for the management (article 30 paragraph 1 of the federal Central Register law);
2. a current information from the commercial register (sections 149, 150 of the Gewerbeordnung) for the agents, the managers of the agents and the people responsible for the Executive Board;
3. a current information from the debtor directory section 915 of the civil procedure code and the debtor directory according to § 26 paragraph 2 of the Insolvency Act for the agents, the managers of the agents and the people responsible for the Executive Board;
4. explanations of the Managing Director of the agent and of the persons responsible for the management, as well as the documentation according to § 10 paragraph 1 of the ZAG ad regulation;
5. a current clearance of the IRS for the agents, the managers of the agents and the people responsible for the Executive Board;
6. a current information of the trade authority according to § 14 of the trade regulations for the agent;
7. a current information from the commercial register for the agent;
8. the last annual financial statements or the last loss surplus account of the agent and a current business evaluation;
9 current registration cards of the Managing Director of the agents and the people responsible for the Executive Board;
10 by hand signed complete curriculum vitae of the Managing Director of the agents and the people responsible for management, that include all education and training and professional and commercial activities;
11. the usual activities and credits for the education specified in the curriculum vitae referred to in paragraph 10 and training as well as professional and commercial activities;
12 evidence of regulatory approvals and permits that are required according to the activity in the curriculum vitae referred to in number 10 and the registration referred to in paragraph 6.
Has omissions, defects and contradictions in relation to the by the agent for the Managing Director of the agents or presented for those responsible or information collected documents and information to actively pursue the payment institution and to enlighten them. If necessary, are to seek more evidence. For agents in the sense of § 19 paragraph 4 of the payment service supervision Act to obtain comparable authority information these are, as far as in the State where the agent is located, be granted. Provides more evidence of the law of the country in which the agent is established, pursuant to article 17 paragraph 1 letter 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 amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ L 319 of December 5, 2007, p. 1, L 187 of the astronomy, p. 5), are also to overtake them.
(2) the professional competence requires the proof of sufficient theoretical and practical knowledge of the agent on the payment services to be provided.
§ 2 is sufficient to ensure the permanent compliance with obligations (1) permanently to ensure that the agent is reliable and professionally appropriate, complies with the legal requirements for the provision of payment services and its information requirements, the payment institution with the agent has to reach a written agreement, which the obligations of the agent and the rights of the payment institution including Consortium and termination rights and rights of the payment institution and whose Auditors lays down.
(2) the payment institution must document the checks of the agent. The required according to § 1 para 1 evidence, that the agent is reliable and professionally suitable, is to renew regularly at reasonable intervals.
Article 3 exception for regulated agents the provisions of this Regulation shall not apply if the agent a at home or credit - regulated in another Member State of the European Union or another Contracting State to the agreement on the European economic area, E-money-, is financial services or payment institution.
Article 4 entry into force this regulation enters into force on October 31, 2009.
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