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 evidence required within the meaning of Section 19 (2), second sentence, of the Payment Services Supervision Act (Agent Detection Regulation-AgNwV)

Non-official Table of Contents

AgNwV

Date of expiry: 15.10.2009

Full quote:

" Agent detection regulation of 15. October 2009 (BGBl. I p. 3641) "

footnote

(+ + + text evidence from: 31.10.2009 + + +) 
unofficial table of contents

input formula

On the basis of § 19 The first and third sentences of paragraph 5 of the Payment Services Supervisory Act of 25. June 2009 (BGBl. I p. 1506), the Federal Ministry of Finance, in consultation with the Deutsche Bundesbank, after consulting the associations of payment institutions: Table of contents

§ 1 evidence

(1) As proof of the reliability and professional competence of an agent, a payment institution shall at least obtain the following for the purposes of section 19 (2) sentence 1 of the Payment Services Supervisory Act:
1.
a current management certificate of the agents ' directors and the persons responsible for the management (§ 30, paragraph 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;
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 § 26 (2) of the Insolvency Code for the agent, the agents ' managers and the persons responsible for the management;
4.
Declarations of the agent's directors and the persons responsible for the management, as well as the accompanying documents, in accordance with § 10 (1) of the ZAG screen ordering;
5.
a current health certificate from the agent's financial office, the agent's business managers, and the business management responsible persons;
6.
a current information of the commercial authority according to § 14 of the Commercial Code for the agent;
7.
an up-to-date information from the agent's store registry;
8.
the last year or the last statement of the agent's revenue surplus and a current economic evaluation;
9.
current reporting certificates of the agent's business managers and the persons responsible for the management;
10.
uninterrupted lifestyles of the agents ' heads of business and of those responsible for the Managers responsible for all education and training and professional and commercial activities;
11.
the usual activities and activities. Proof of performance of the education and training as well as professional and commercial activities specified in the curriculum vitae referred to in point 10;
12.
administrative authorisations and authorisations required in accordance with point 10 and the trade declaration referred to in point 6.
Defects, defects and inconsistencies in relation to those of the agent, for which: the Director of the agent or documents and information submitted or obtained for the persons responsible shall actively pursue the payment institution and inform it. 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 shall be provided for in accordance with Article 17 (1) (c) of Directive 2007 /64/EC of the European Parliament and of the Council of 13 June 2007 on the implementation of the 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 327, 22.12.1997, p. 1, L 187, 18.7.2009, p. 5), these are also to be obtained.(2) Professional competence shall require the evidence of sufficient theoretical and practical knowledge of the agent on the payment services to be provided. Non-official table of contents

§ 2 Ensuring permanent compliance with the obligations

(1) To ensure that the agent is reliable and technically appropriate, in the provision of the payment services, the legal requirements are fulfilled and the information requirements are fulfilled, the payment institution shall have a written agreement with the agent, which shall be responsible for the obligations of the Agents and the rights of the payment institution, including right of instructions and dismissal rights, as well as control rights of the payment institution and its auditors.(2) The payment institution shall document the verifications 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. Non-official table of contents

§ 3 Supervised Agent Exception

The provisions of this Regulation do not apply if the agent is a national or national agent. in another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, is a credit, e-money, financial services or payment institution. Non-official table of contents

§ 4 Entry into force

This regulation occurs on the 31. October 2009, in force.