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The Amendment "license Payment Institutions And Electronic Money Institutions For The Operation Of The Service, Payment Institutions And Electronic Money Institutions Registration, Submit Documents And Information Within The Normative Provisions"

Original Language Title: Grozījumi "Licenču maksājumu iestādes un elektroniskās naudas iestādes darbībai izsniegšanas, maksājumu iestādes un elektroniskās naudas iestādes reģistrācijas, iesniedzamo dokumentu un informācijas sniegšanas normatīvajos noteikumos"

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Financial and capital market Commission, the provisions of regulations No 92, Riga, 15 may 2014 (financial and capital market Commission Council meeting Protocol No 18. p.)
The amendment "license payment institutions and electronic money institutions for the operation of the service, payment institutions and electronic money institutions registration, submit documents and information laws, regulations Issued under the" payment services and electronic cash law article 11 of the fourth, 20, 32 and 33. Article 1. make financial and capital market Commission 15.04.2011. provisions in laws No. 64 "license payment institutions and electronic money institutions for the operation of the service , payment institutions and electronic money institutions registration, submit documents and information regulations regulations "(hereinafter-the rules) the following amendments: 1. Add to paragraph 1.1 and 1.2, after the word" requirements "with the words" want to receive or "; 1.2. To replace the words "in paragraph 2.6 of the affiliates and representatives" with the words "affiliates, representatives and outsource providers"; 1.3. To supplement paragraph 6.2.4 by the following sentence: "as well as other financial stability supporting documents and all documents showing that the funds (capital) legal origin."; 1.4.8.2 and 8.3. Convey the point as follows: "8.2. the business plan, which include: 8.2.1. details of provision of payment services and the provision of technical requirements of the procedure for each type of payment services, which the Commission addressed the statement the payment authority indicated it planned payment services; 8.2.2. commercially reasonable payment institutions or its representatives, for which the payment institution assumes responsibility, during the previous 12 months, payments mean value calculation or for further 12 month payment mean value calculation, including the calculation of the value of payments each month; 8.2.3. information about whether a payment institution intends to provide payment services through representatives, subsidiaries or outsourcing provider. Where a payment institution intends to use representatives, affiliates, or providers of outsourcing services, business plan includes information about the agents, branch offices and outsourcing providers, as well as their list; 8.2.4. payment services and electronic cash law. the first paragraph of article 38 of ensuring compliance and control procedures; 8.2.5. the information about the payment institution's potential customer base, business strategy and financial forecasts (calculations) of sound and prudent of the authority; 8.3. the institutions which provide criminal procedures, money laundering and terrorist financing prevention of internal control system and efficient. "; 1.5. Supplement with 8.5 points as follows: "8.5., official persons, adopting relevant decisions on behalf of the authority, the authority of the civil law generates commitment, or persons who are directly responsible for the operational management of the authority, expand Professional biography (CV – at least for the last 10 years, including the ieņemamo posts and functions performed) and copies of documents."; 1.6.9.2 and 9.3 to express the point as follows: "9.2. business plan, which include: 9.2.1. emissions of electronic money and the provision of technical requirements for the procedure, as well as the provision of payment services and the provision of technical requirements of the procedure for each type of payment services, where the electronic money institution addressed the Commission communication indicated in the planned payment service; 9.2.2. commercially reasonable planned or existing electronic money in circulation on average in the calculation made according to the payment service and electronic money rule 5.1 of the first paragraph of article 1 and paragraph 1 of article 2.3 points; 9.2.3. the economically-based electronic money institutions or its representatives, for which the operation of the electronic money institution's responsibility, during the previous 12 months, payments mean value calculation or for further 12 month payment mean value calculation, including the calculation of the value of payments in each month, if the electronic money institution intends to provide payment services; 9.2.4. information on whether the electronic money institution plans to distribute electronic money or to provide payment services through representatives, subsidiaries and outsourcing provider. If the electronic money institution intends to use representatives, affiliates and providers of outsourcing services, business plan includes information about the agents, branch offices and outsourcing providers, as well as their list; 9.2.5. payment services and electronic cash law article 38 the fifth part of the enforcement and control procedure for money received in Exchange for electronic money issued by the electronic money holder from; 9.2.6. payment services and electronic cash law. the first paragraph of article 38 of the compliance assurance and control procedure for money received in payment for services from the users of payment services, where the electronic money institution intends to provide payment services; 9.2.7. information about the electronic money institution's potential customer base, business strategy and financial projections (estimates) of the Authority's sound and prudent action. 9.3. the authority procedures that ensure criminal money laundering and terrorist financing prevention of internal control system and efficient. "; 1.7. Supplemented by 9.6 points in the following wording: "9.6. authorities officials, persons, adopting relevant decisions on behalf of the authority, the authority of the civil law generates commitment, or persons who are directly responsible for the operational management of the authority, expand Professional biography (CV – at least for the last 10 years, including the ieņemamo posts and functions performed) and copies of documents."; 1.8. To make a new paragraph 11: "11. If the authority established under the payment services and electronic cash law article 5 and 5.1, wants to initiate the issuance of electronic money or to provide other payment services, or substantially change the already registered payment service or procedure, it shall submit to the Commission an application for the modification of the register of registered establishments, which indicates the types of services that you want to give, or to inform you about critical changes to existing service adding this application rule 8 or 9. referred to documents that are made necessary changes. " 1. Turn off paragraph 12; 1.10. the introductory part of paragraph 17 be expressed in the following: "17. to ensure that the officials of the Commission, the persons, adopting relevant decisions on behalf of the authority, the authority of the civil law generates commitment, or persons who are directly responsible for the Authority's payment service transaction management or the issuance of electronic money, compliance and payment services, electronic money law, authority, 10 working days before the person starts to perform his duties shall be submitted to the Commission the following documents: "; 1.11. off 17.1, paragraph the word "licensed"; 1.12. Turn off 17.2 points, the word "licensed"; 1.13. the introductory part of paragraph 18 to express the following: "6. The authority not to apply this provision in paragraph 17 that the obligation to provide information, but the authority within 5 working days after the person is taking up his duties, shall inform the Commission of any changes in personal status in the following cases:" 1. Make the following point 19:19 ". If an official, a person who, by adopting relevant decisions in the name of the institution, the payment institution creates civil liability, or the person who is directly responsible for payment institutions, payment service transaction management or the issuance of electronic money, changes have taken place in the composition, which is not regulated in these rules 17 and 18, the authority shall within 5 working days after the corresponding changes in the commercial register or companies register, the date of the offence be informed in writing of these changes the Commission. "; 1.15. Replace paragraph 24 and 26, the word "three" with the word "five"; 1.16. Express provisions 1, 2, 3 and 4 of the new version of annex (annex). 2. amendments shall enter into force on the date of entry into force of the amendments to the payment services and electronic cash law 5, 5.1, 5.2 and article 8. Financial and capital market Commission President k. Zakuli States annex 1 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 financial and capital market Commission, Kungu 1, Riga, LV-1050 application for licence (Note: the blank fields are filled with one of the following indications: "payment institutions" or "electronic money institution") information on company 1, which wishes to be licensed for the institution Name (trade name), registration number, registered office  

  2. Information on whether the electronic money institution in addition to the issuance of electronic money intends to provide payment services (with the "x" sign to mark the appropriate): (Note: the submission of completed only electronic money institutions licence) institution intends to provide payment services (Note: when a check is made that the electronic money institution intends to provide payment services, mandatory on this application) the institution intends to provide payment services 3. Payment information services that will give (mark with an "x" mark necessary) (Note: If the person referred to in paragraph 1 does not intend to provide payment services, the application of paragraph 3 need not be filled) service as a result of which it is possible to deposit cash on a payment account as well as all the operations required by the payment service provider to ensure that the payment service user the ability to use the service is a payment account as a result of which it is possible to withdraw cash from the payment account as well as all the operations required by the payment service provider to ensure that the payment service user the ability to use a payment account for payments, including direct debit payments, lump sum payment, direct debit, payment is made with a payment card or a similar device, the kredītpārvedum, as well as the regular payment. At this point the payment service is also a money order to the payment account opened by the payment service user by the payment service provider or by another payment service provider payments, including direct debit payments, lump sum payment, direct debit, payment is made with a payment card or a similar device, the kredītpārvedum, as well as the regular payment. In this paragraph, the term "service" refers to a payment service that the payment service user to the available credit limit of the payment instrument, or receiving a money order Payment Bezkont, if the taxable person to make the payment of the consent given, using the means of distance communication, digital or it device and the payment is made if the telecommunications, information technology, system or network operator, which is only a payment service user and the seller of the goods or service provider broker 4. information on the auditor of the Authority (if any) name (firm)/name name registration number/personal identification number code/address/address of the place of residence declared 5. information on persons who have a significant interest in the authority name (firm)/name, registration number/personal identification number code/address/address of the place of residence declared participation rate (as a percentage of the share capital of the authority) 6. information about the people with whom the institution has close relations (business) Name/first name, last name, registration number/personal identification number code/address/address of the place of residence declared in Annex : (to payment services and electronic cash law article 11, first paragraph, 1-8, 12 and 13, and the financial and capital market Commission 15.04.2011.64, regulations Regulation No "license payment institutions and electronic money institutions for the activity of issuing, payment institutions and electronic money institutions registration, submit the documents and information on legislative provisions" referred to in paragraph 6 the information and documents) 7. Authority email address list with the electronic of the financial and capital market Commission for as well as contact phone: details of the person who signed the application: signature and printed name (personal name)//code/Personal identification number in the address of the place of residence Declared title or other legal basis on which the representative authority (date) Annex 2 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 financial and capital market Commission, Kungu 1, Riga, LV-1050 notice on the Authority Board Member, Council Member , a person who, by adopting the relevant decisions in the name of the institution, causing civil obligations, the authority or person who is directly responsible for the Authority's payment service transaction management or the issuance of electronic money institution name (business) name, surname, personal code/identification number title or other legal basis on which the representative authority of the date and place of birth declared home address Or the person has been convicted for an intentional criminal offence or for an intentional criminal offence applied to the Prosecutor's statement as punishment (yes/no)?  
  If a person has been convicted for an intentional criminal offence or for an intentional criminal offence applied to the Prosecutor's statement about the penalty, even if it is released on parole due to the Statute of limitations, pardon or amnesty (yes/no)?  
  Or the criminal proceedings initiated against a person for the purpose of committing a criminal offence ceased due to the Statute of limitations or amnesty (yes/no)?  
  Or the criminal proceedings initiated against a person for the purpose of committing the criminal offence, freeing from criminal responsibility, if the offence has not created any damage to a sentence, or if the criminal settlement with the victim or his or her representative (yes/no)?  
  Or the criminal proceedings initiated against a person for the purpose of committing a criminal offence, if it significantly helped reveal a serious or very serious crime that are heavier or more dangerous than the same person committed the criminal offence (yes/no)?  
  Or the criminal proceedings initiated against a person for the purpose of committing the criminal offence, conditional relief from criminal responsibility (yes/no)?  
Or a person has a significant interest in the company (yes/no)?  
      Company name (business name) and address the amount of euro Participation share in percentage share capital (Note: information about major holdings only licensed body) certify that match the payment services and electronic cash law article 20.
The signature and printed name (personal name)//supplement is added to the following documents: an official, the persons, adopting relevant decisions on behalf of the authority, the authority of the civil law generates commitment, or persons who are directly responsible for the operational management of the authority, expand Professional biography (CV – at least for the last 10 years, including the ieņemamo posts and functions performed) and copies of the signature and printed name (name of the person first name, last name) on (date)//Annex 3 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 financial and capital market komisijaiKKung Street 1, Riga, LV-1050 notice of payment institutions activities with this stated that the person referred to in paragraph 1 shall comply with the payment service and electronic money-article 5 of the law on the conditions referred to in the first subparagraph in order to initiate the provision of payment services, without receiving a license for payment institutions activities.
    1. information about the person who wants to start a payment services (business) Name/first name, last name, registration number/personal identification number code/address/declared address  

  2. information on the types of payment services, which planned to give (mark with an "x" mark necessary) service as a result of which it is possible to deposit cash on a payment account as well as all the operations required by the payment service provider to ensure that the payment service user the ability to use the service is a payment account as a result of which it is possible to withdraw cash from a payment account as well as all the operations required by the payment service provider to ensure that the payment service user the ability to use a payment account for payments, including direct debit payments, lump sum payment, direct debit, payment is made with a payment card or a similar device, the kredītpārvedum, as well as the regular payment. At this point the payment service is also a money order to the payment account opened by the payment service user by the payment service provider or by another payment service provider payment instrument, or receiving a money order Payment Bezkont, if the taxable person to make the payment of the consent given, using the means of distance communication, digital or it device and the payment is made if the telecommunications, information technology, system or network operator that is only a payment service user and the seller of the goods or service provider broker 3. information about the payment institution's Board and to the members of the Council, when adopting the relevant decisions in the name of the payment institution, the payment institution creates civil liability, or about the people who are directly responsible for payment institutions, payment service operations management (Note: If the payment institution has several Board and Council members or persons adopting relevant decisions or are directly responsible for the management of payment services, in paragraph 3 of the section should be copied and completed information on all persons.) Name, surname, personal code/identification number in the address of the place of residence Declared Posts or other legal representative of the Foundation on which the payment institution certify that to me does not apply to payment services and electronic cash law limits laid down in article 21 and that comply with the payment service and electronic money law in article 20.
The signature and printed name (personal name)//4. payment authority email address list with the electronic of the financial and capital market Commission, as well as contact phone: Supplement is attached to this document (with the "x" mark to note attached document): payment institutions business plan or equivalent document according to the payment services and electronic cash law 5 of the second paragraph of article 3. the requirements of point authorities procedures ensuring criminal money laundering and terrorist financing prevention of internal control system and the effective operation of the document confirming the payment of services and electronic cash law. the first paragraph of article 38 of the requirements in respect of money received in payment for services from payment service users the power of attorney or a certified copy, if the mandate to sign the notice of the payment institutions activities payment institutions stems from the mandate on behalf of the authority of the Treaty , persons, adopting relevant decisions on behalf of the authority, the authority of the civil law generates commitment, or persons who are directly responsible for the operational management of the authority, expand Professional biography (CV – at least for the last 10 years, including the ieņemamo posts and functions performed) and copies of documents on education information of the person who signed the application: signature and printed name (personal name)//code/Personal identification number address Posts or other legal basis that represents a payment authority (date) Annex 4 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 financial and capital market Commission, Kungu 1, Riga, LV-1050 communication on electronic money institutions starting with this stated that the person referred to in paragraph 1 corresponds to the payment services and electronic cash law article 5.1 of the conditions referred to in the first subparagraph in order to initiate the issuance of electronic money does not receive a license to electronic money institutions. 1. information about the person who wants to initiate the issuance of electronic money (business) name, registration number, registered office 2. Information whether the electronic money institution in addition to the issuance of electronic money intends to provide payment services (with the "x" mark to note required): electronic money institution intends to provide payment services (Note: when a check is made that the electronic money institution intends to provide payment services, mandatory 3 and 4 of this application) an electronic money institution intends to provide payment services based on their 3. that the person referred to in paragraph 1 in addition to the issuance of electronic money intends to provide payment services: I certify that the person referred to in paragraph 1 corresponds to the payment services and electronic cash law article 5 requirements (Note: submissions contained in paragraph 3 of the Declaration with an "x" mark is mandatory if completed planned to provide payment services) 4. information on the types of payment services, which planned to give (mark with an "x" mark necessary) (Note: If the person referred to in paragraph 1 does not intend to provide payment services application (4) do not have to fill out) service as a result of which it is possible to deposit cash on a payment account as well as all the operations required by the payment service provider to ensure that the payment service user the ability to use the service is a payment account as a result of which it is possible to withdraw cash from a payment account as well as all the operations required by the payment service provider to ensure that the payment service user the ability to use a payment account to make payments including direct debits, also a one-time direct debit payment, payment is made with a payment card or a similar device, the kredītpārvedum, as well as the regular payment. At this point the payment service is also a money order to the payment account opened by the payment service user by the payment service provider or by another payment service provider payment instrument, or receiving a money order Payment Bezkont, if the taxable person to make the payment of the consent given, using the means of distance communication, digital or it device and the payment is made if the telecommunications, information technology, system or network operator that is only a payment service user and the seller of the goods or service provider broker 5. information on the electronic money institution's Board and to the members of the Council, when adopting the relevant decisions, electronic money institutions, creates electronic money institution of civil obligations, or about the people who are directly responsible for the issuance of electronic money (Note: If the electronic money institution has several Board and Council members or persons adopting relevant decisions or who are directly responsible for the issuance of electronic money, paragraph 5 of the section in the appropriate copy and fill in the information about all people) name, identity number/identification number in the address of the place of residence Declared Posts or other legal representative of the Foundation on which the electronic money institution certify that to me does not apply to payment services and electronic cash law limits laid down in article 21 and that comply with the payment service and electronic money law in article 20.
The signature and printed name (personal name)//6. Electronic money institutions e-mail address electronic correspondence with the financial and capital market Commission, as well as contact phone: Supplement is attached to this document (with the "x" mark to note attached document):

Electronic money institutions business plan or equivalent document according to the payment services and electronic cash law 5.1, second paragraph of article 3, the requirements of paragraph authority procedures that ensure the criminal money-laundering and terrorist financing prevention of internal control system and the effective operation of the document confirming the payment of services and electronic cash law article 38 the fifth part requirements for a power of attorney or a certified copy of the If the authorisation to sign the notice of the payment institutions activities payment institutions stems from the mandate on behalf of the contract authority, the persons, adopting relevant decisions on behalf of the authority, the authority of the civil law generates commitment, or persons who are directly responsible for the operational management of the authority, expand Professional biography (CV – at least for the last 10 years, including the ieņemamo posts and functions performed) and copies of documents information about the person signing the application: signature and printed name (personal name)//code/Personal identification number in the address of the place of residence Declared title or other legal representative of the Foundation on which an electronic money institution (date)