Payment Institutions And Electronic Money Institutions And The Regulatory Requirements Of The Transaction Reporting Rules, Regulations

Original Language Title: Maksājumu iestādes un elektroniskās naudas iestādes darbību regulējošo prasību un pārskatu sagatavošanas normatīvie noteikumi

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Financial and capital market Commission, the provisions of regulations No 93 Riga 15 may 2014 (financial and capital market Commission Council meeting Protocol No 18 4. p.)
Payment institutions and electronic money institutions and the regulatory requirements of the transaction reporting regulations Issued in accordance with the provisions of the payment services and electronic cash law 34. the second paragraph of article 38, the first paragraph of article 1 and article 48 i. General questions 1. "payment institutions and electronic money institutions and the regulatory requirements of the transaction reporting regulations regulations" (hereinafter the regulations) defines the assets which the payment institution In addition to the payment services in other types of commercial activities, as well as an electronic money institution may invest from payment service users or other payment service provider received money if the next working day after the end of the receipt of this money, it is not yet credited to beneficiary's account or sent to another payment service provider and is not credited to a separate account in a bank, as well as the cash received in Exchange for electronic money issued. The rules define the payment institutions and electronic money institutions (hereinafter referred to jointly as the body) the equity calculation, as well as the financial and capital market Commission (hereinafter the Commission) submit reporting and submission procedures. The rules are designed to obtain information for monitoring, as well as the financial accounts and the Eurostat statistical reporting. 2. The rules are binding and payment services, electronic money in accordance with the procedure laid down in the law, registered and licensed by the authorities. Registered institutions are not bound by this rule 6, 7, 9, 10, 11, 12, 14, 15, 16, 18 and 19 above. 3. the terms used in the rules: 3.1 correspond to European Parliament and Council Regulation (EC) 26.06.2013. No 575/2013 for the prudenciālaj requirements for credit institutions and investment firms, and amending Regulation (EC) No 648/2012 (hereinafter Regulation No 575/2013) and Latvijas 16.05.2013. Regulation No 99 "monetary financial institutions ' balance-sheet of the month" preparatory "used terms; 3.2. the bank – the meaning of these provisions in a Member State of the European Union, European economic area country or organisation for economic cooperation and development was established in a Member State of the credit institution is solvent; 3.3. short-term requirements and obligations and commitments – with the initial deadline for repayment or up to one year (inclusive), determined in accordance with the conclusion of the transaction at the time the transaction due date specified in the Act; 3.4. long-term requirements and obligations and commitments – with the initial deadline for repayment or that more than one year, determined in accordance with the conclusion of the transaction in the transaction at the time of the deadline laid down. 4. review and evaluation of the content of the heading corresponds to the annual report to the law, if those rules otherwise. 5. payment services and electronic cash law. the first paragraph of article 38 of the regulations referred to in paragraph 1, safe, liquid, low-risk assets are not encumbered assets as follows: 5.1. cash in hand; 5.2. investments in debt securities which comply with Regulation No 575/2013 article 336. tables 1 and 2, category; 5.3. investments in open-ended investment funds investment management company within the meaning of the law, which, according to the prospectus of the Fund investing exclusively in these rules referred to in paragraph 5.2. securities. 6. Licensed payment institution shall prepare the following reports: 6.1 "balance sheet" (annex 1); 6.2. the "income statement" (annex 2); 6.3. "the institution's own funds and capital adequacy calculations" (annex 3); 6.4. "overview of client features" (annex 4). 7. the licensed electronic money institution shall prepare the following reports: 7.1 "balance sheet" (annex 1); 7.2. the "income statement" (annex 2); 7.3. "the institution's own funds and capital adequacy calculations" (annex 3); 7.4. "overview of client features" (annex 4). 8. a registered institution shall prepare a "report on customer funds" (annex 4). 9. the authority shall carry out the calculation of the own funds pursuant to Regulation No 575/2013 requirements, insofar as they apply to the authority. 10. The application of this rule 9:10.1 authority comparable Authority Regulation No 575/2013; 10.2. the Authority's investment in the share capital of the other institutions, and subordinated capital is treated as investment in fixed capital and financial institutions subordinated capital. 11. A payment institution which, in addition to the provision of payment services for other types of commercial activities, under paragraph 9 of these regulations to calculate the own funds reduced by commercial law the minimum share capital for the formation of the company. 12. An electronic money institution which, in addition to electronic money and payment services in other types of commercial activities, under paragraph 9 of these regulations to calculate the own funds reduced by commercial law the minimum share capital for the formation of the company. 13. the monetary unit used in reports is the monetary unit of the Republic of Latvia.
II. Reporting 14. Preparing the "balance sheet" (annex 1): 1241. under the heading "14.1. t.sk. with payment services related short-term loans (credits) "presented to the authorities assigned credits in accordance with payment services and electronic cash law laid down in article 37; 14.2.3000. under the heading "contingent liabilities" show potential obligations pursuant to 21.06.2011. The Cabinet of Ministers Regulations No. 488 "annual report law enforcement provisions". Separately under "guarantees (guarantees)" presentation of the guarantee (warranty) and assets pledged as third party enforcement obligations. Separate the column "contingent liability for the execution of payment services" displays all the irrevocable commitment to the payment service users shall be bound by the payment; 14.3.1400. under the heading "requirements linked to the provision of payment services and the issuance of electronic money" show active items that correspond to the payment services and electronic cash law in article 38; 14.4.2800. under the heading "obligations to the payment service users and holders of electronic money" shown commitment to customers of the authority arising from the provision of payment services and electronic money. 15. If the "authorities" of the balance sheet under "other non-financial assets" or "other contingent liabilities" reported book value exceeds 10 percent of the total assets, the authority shall provide the Commission with written information, revealing the contents of the heading concerned and amounts.

16. In preparing "the institution's own funds and capital adequacy calculations" (annex 3), the authority shall carry out equity and capital requirements calculated to assess capital adequacy in accordance with payment services and electronic cash law. 17. In preparing the report on "client resources" (annex 4): 17.1. bank name given as eight symbol bank swift code according to international standard ISO 9362:2009 "banking business identification code"; 17.2. the country code according to international standard ISO 3166 "countries and their territorial breakdown unit name code"; 17.3. reflects assets and liabilities which authority obtaining the clients ' funds the provision of payment services or in Exchange for electronic money issued by, the relevant position in the category – liquid or burdened. On the difficult assets recognizes the assets, which directly or indirectly have pledged or subject to agreement on any type of deal with deposit or other forms of security; 17.4. the heading "claims against banks for the provision of payment services" indicate the claims against the banks with which the authority has entered into a contract for a separate account to use the service; 17.5. under the heading "claims against the banks issued electronic money liabilities" specifies the claims against the banks with which the authority has entered into a contract for the use of a separate account money received in Exchange for electronic money, for storage; 10.9. the heading "requirements to payment institutions in payment services to" indicate the requirements for payment institutions, with which the authority has entered into a contract for a separate account to use the service; 17.7. the heading "Requirements for electronic money institutions for the provision of payment services" indicate the requirements for electronic money institutions, with which the authority has entered into a contract for a separate account to use the service; 11.1. the heading "claims against the electronic money issuer or its representative" specifies the requirements to electronic money issuer or its representative, the authority, which hold the electronic money issued by the issuer; 11.1. the heading "obligations to the payment service users ' points from the payment service users or other payment service provider received money if the next working day after the end of the receipt of this money, it is not yet credited to beneficiary's account or sent to another payment service provider; 17.10. under the heading "obligations to the holders of electronic money" indicates the electronic money in circulation quantity of electronic money institution comprises financial obligations towards the holders of electronic money; 17.11. line "during the previous 12 months, payments to the average value" indicates the value calculated by the preceding 12 calendar months period, the value of payments by 12. Where a payment institution has not worked the full 12 calendar months, this heading specifies payments average value since the beginning of the provision of payment services; 17.12. under the heading "payments total about" indicates the institutions total about payments from the beginning of the year the last day of the quarter; 17.13. under the heading "electronic money in circulation, the average amount of" notes from the issuance of electronic money of the electronic money institution financial liabilities average value calculated in accordance with the payment service and electronic cash law article 1, point 2.3. If the electronic money institution has not been operational for the full six months of the calendar, this heading shall specify the electronic money in circulation in the average amount of electronic money issuance date of initiation; 17.14. under the heading "bought back the total amount of electronic money" indicates the electronic money institutions Treasury total amount of electronic money from the beginning of the year in the last quarter.
III. submission of Reports 18. Licensed payment authority prepares this provision referred to in paragraph 6 of the report on the State of the review on the last day of each quarter and shall be submitted to the Commission to review the quarter following the 15th of the month. 19. the licensed electronic money institution shall draw up the rules referred to in paragraph 7 of the report on the State of the review on the last day of each quarter and shall be submitted to the Commission to review the quarter following the 15th of the month. 20. the authority shall draw up the rules referred to in paragraph 8 of the report on the State of the review on the last day of each quarter and shall be submitted to the Commission to review the quarter following the 15th of the month. 21. the report shall be drawn up for submission to the Commission's regulatory arrangements 14.10.2008 No 146 ' prepared statements electronically submit the legislative provisions ". 22. If the Commission finds that the report has been prepared in error, it will be announced in the report to the applicant. If the Commission has not indicated otherwise, corrected report shall be submitted not later than the working day following notification of the existence of the error from the Commission.
IV. Closing questions 23. provisions shall enter into force on the 01.06.2014.24. With the entry into force of the Commission terminate 15.04.2011. legislative provisions no. 63 "payment institutions and electronic money institutions and the regulatory requirements of the transaction reporting regulations provisions".
Informative reference to European Union directives, the regulations include provisions resulting from: 1) European Parliament and Council Directive on 13.11.2007 2007/64/EC 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; 2) European Parliament and Council Directive on Wednesday 16 September 2009/110/EC on electronic money institutions on the taking up, pursuit and prudential supervision of the business, amending Directive 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC. Financial and capital market Commission President k. Zakuli States annex 1 financial and capital market Commission 15.05.2014. regulatory arrangements no 93 payment institutions or electronic money institutions: institutions balance report _____. year (accounting period) (integer)

Name position number position for carrying residents non residents total (1 + 2) (A) (B) (I). Assets 1 2 3 (1100 + 1200 + 1300 + 1400) x 1000 x 1. Non-financial assets (1110 1120 1130 1140 + + +) x 1100 x 1.1. Intangible assets 1110 x x t.sk. advance payments for intangible investments 1.2. assets 1111 1120 x x t.sk. advance payments for fixed assets investment property 1.3 1121 1130 x x 1.4. other financial assets not x 1140 x 2. Financial assets (1210 1220 1230 1240 + + + + + + + 1250 1260 1270 1280 1290 + + 1295) 1200 1210 demand deposits 2.1 2.2. Short term deposits are term deposits 1220 1230 long-term 2.3 2.4. short-term loans t.sk 1240. with payment services related short-term loans (credits) 1241 x x 2.5. long-term loans 1250 2.6. Short-term debt securities 1260 2.7. Long-term debt securities 1270 2.8. Derivative financial instruments the company Participation 1280 2.9 capital 1290 2.10. Other receivables cash in 1295 3.1300 x x 4. requirements relating to the provision of payment services and the issuance of electronic money 1400 t.sk. with payment services t.sk 1410. with the issuance of electronic money ** 1420 II. Capital and reserves and liabilities (2100 + 2200 + 2300 + 2400 + 2500 +, 2600 + 2700 + 2800) 2000 x x 4. Capital and reserves (2110 + ... + 2160) 2100 x x 4.1. Shares/equity shares/2110 4.2 premium x 2120 x 4.3 financial instruments and investment revaluation reserve (+/–) x 2130 x 4.4 x 4.5 x 2140 reserves previous years retained earnings/loss (+/–) x 2150 x 4.6. Profit/loss (+/–) x 2160 x 2200 x 5 stocks x 6. Debt securities issued x 2300 x 7. Derivative financial tools 2400 8. Short-term loans long-term loans 2500 9.2600 10. other payables and liabilities 2700 11. Obligation to payment service users and holders of electronic money t.sk 2800. to the payment service users 2810 t.sk. against electronic money holders ** 2820 III. Contingent liabilities (3100 + 3200 + 3300) 3000 11. Guarantees (warranties) 3100 12. Contingent liability for the execution of payment transactions 3200 13. other potential obligations 3300 * indicates a payment institution or an electronic money institution if it provides payment services. ** Indicates the electronic money institution.
Payment institutions or electronic money institutions leader: (name, surname) artist: (name) (telephone number) (email address) Annex 2 financial and capital market Commission 15.05.2014. regulatory arrangements no 93 payment institutions or electronic money institutions: institutions profit or loss of the _____. year (accounting period) (integer) item name heading code carrying A B 1 net change 100 t.sk. commissions for the provision of payment services 101 t.sk. commissions for the issuance of electronic money 102 (210 + 220 + 230) 210 200 Administration costs other costs 220 interest payable and similar charges 230 300 revenue profit/loss (+/-) before taxes (100-200 + 300) 500 400 other taxes corporate income tax for reporting period reporting period 600 profit/loss (+/–) (400-500-600) 700 payment institutions or electronic money institutions leader: (name, surname) artist: (name) (telephone number) (email) Annex 3 financial and capital market Commission 15.05.2014. regulatory arrangements no 93 payment institutions or electronic money name of the authority: a. the institution's own funds and capital adequacy calculations of the _____. year (accounting period) (integer)

Position title position number of the sum of (A) (B) 1 the first level of basic capital X equity instruments that are appropriate to classify them as a first level of basic capital t.sk 101. paid capital instruments 102 t.sk. share premium retained earnings 103 t.sk 104. previous years retained earnings t.sk 105. According to the profit or loss of 106 other accumulated comprehensive income reserve Other 107 108 109 spare risks part of the minority interest for the first level of basic capital in 110 basic first level capital adjustments related to the filters 111 prudenciāl goodwill (-) 112 other intangible assets (-) 113 deferred tax assets, which realization depends on making profits in the future and which do not result from the time deviations caused by temporary differences net of the relevant tax liabilities (-) cost of 114 defined pension plan assets (-) of the holding Between 115 first level master in equity (-) the excess amount of 116: a deduction from the first level of the additional capital items beyond the first level of the additional capital (-) 117 such qualifying holding outside the financial sector, which alternatively may apply a 1250% risk (-) Securitisation positions with 118 Alternatively, you can apply a 1250% risk (-) unpaid 119 deliveries that alternative may apply a 1250% risk (-) 120 financial institutions tier core capital instrument, which is not relevant to the Authority's contribution to the (-) 121 deductible deferred tax assets, which realization depends on future revenue and resulting from the weather-induced deviations in temporary differences (-) financial institutions 122 first-level basic instruments in which the body is a vital contribution to (-) the amount exceeding 123 17.65% threshold (-) 124 the basic first level capital surcharge pursuant to Regulation No 575/2013 3. (-) 125 first-level basic capital elements or deduction-other 126 total (101 + 103 + 107 + 109 + 113 + 111 + 108 + 112 + 113 + 114 + 115 + 116 + 117 + 118 + 119 + 120 + 121 + 122 + 123 + 124 + 125 + 126) first level of 100 additional capital X equity instruments that are appropriate to classify them as an additional first level capital 201 t.sk. paid-in capital instruments 202 t.sk. share premium issued 203 subsidiary instruments that are recognised in the first level of the additional capital the mutual participation of 204 first level additional capital (-) 205 financial institutions tier additional equity instruments that do not have significant contribution to the institution (s) 206 of financial institutions tier additional equity instruments in which the body is a vital investment (-) the excess amount of 207: some deductions from tier two capital items beyond the second level capital (-) 208 overshoot : amount of any deduction from the first level of the additional capital items beyond the first level of the additional capital (deducted from the basic first level capital) 209 additional first level capital additional atskatījum pursuant to Regulation No. 575/2013 3. (-) the first level of 210 additional capital items or atskatījum-other 211 total (201 + 204 + 205 + 206 + 207 208 209 210 + + + + 211) 200 first level capital (100 + 200) 300 second level capital X equity and subordinated loans, which are appropriate to classify them as second level capital 401 t.sk. paid in equity and subordinated loans 402 t.sk. share premium 403 subsidiary instruments issued by recognised second tier capital Mutual participation 404 second level capital (-) 405 financial institutions tier capital instruments in which the body is not a significant contribution (-) 406 financial institutions tier capital instruments in which the body is a vital investment (-) the excess amount on 407: a deduction from tier two capital items beyond the second level capital (deducted from the first level of the additional capital) 408 second level capital surcharge pursuant to Regulation No. 575/2013 3. Article 409 second tier capital elements or deduction-other 410 total (401 + 404 405 406 407 + + + + + + 408 409 410) 400 commercial law of the minimum share capital for the formation of the company * 500 equity (300 + 400-500) 600 equity excess over payment institutions minimum initial capital (600-EUR (20000; 50000; 125000)) 700 equity excess over electronic money institutions minimum initial capital (EUR 350-EUR 600-000 (20 000 000 50 000; 125) **) equity in excess of 800 over the body down the capital requirements (600-400 part B-1000 x 0.02) 900-outstanding electronic money, the average size of 1000 points if the authority in addition to the provision of payment services and electronic money emissions conducted other types of commercial activity. ** Included in the calculation of where the electronic money institution provides payment services.
B. calculation of the capital requirements for _____. year (accounting period) (integer) position title position number in the previous 12 months of payments mean about a month during the previous 12 months, payments to the average value per month (2 + 4 + 6 + 8 + 10) rate capital requirements (11 of 12) to 5 million. Euro 5 million. EUR 10 million. of the 10 million euro. EUR 100 million. the euro from 100 million. EUR 250 million. over 250 million euro. the euro values about 4% of the value (1%) in the value of 4% of the value of about 2.5 (3 * 2.5%) value of 1% of the value (1%) of the value 5 is about 0.5% of the value (7%) of the value of 0.25, 0,5% of the value (9.25%) (A) (B) 1 2 3 4 5 6 7 8 9 10 11 12 13 MPENL of article 1 paragraph 1 referred to "f" payment service 100 0 0.5 0 MPENL * article 1 paragraph 1 "g" referred to in the payment service 200 0 0.8 0 MPENL * article 1 paragraph 1, "a", "b", "c", "d" and "e" payment service referred to in total 400 300 0 1 0 X X X X X X X X X X X X 0 * and payment services law of electronic money.
Payment institutions or electronic money institutions leader: (name, surname) artist: (name) (telephone number) (email) Annex 4 financial and capital market Commission 15.05.2014. regulatory arrangements no 93 payment institutions or electronic money institutions: institutions review of client funds _____. year (accounting period) (integer)

Position title position number country code ISIN code name/rating agency Assigned a credit rating residual maturity (whole months) carrying a security guarantor Rev-tināt on the liquid together (4 + 5) 1 2 3 4 5 6 A B C D cash in 01 X X X X X 0 claims against banks for the provision of payment services * total (1 + 2 + 3) 02 X X X X X 0 0 0 1. Banka A   X  X X X X     0 2. Banka B   X  X X X X     0 3. Banka C   X  X X X X     0 ...    X X X X X 0 claims against banks issued electronic money liabilities ** total (1 + 2 + 3) 03 X X X X X 0 0 0 1. Banka A    X X X X X     0 2. Banka B    X X X X X     0 3. Banka C    X X X X X     0 ...    X X X X X 0 debt securities investments total (1 + 2 + 3) 04 X X X X X 0 0 0 1. Emitents A    X             0 2. Emitents B    X             0 3. Emitents C    X             0 ...    X 0 X open investment fund certificates total (1 + 2 + 3) 05 X X X X X 0 0 0       1. Fonds A       X X X     0 2. Fonds B       X X X     0 3. Fonds C       X X X     0 ...       X X X 0 requirements to payment institutions for the provision of payment services * total (1 + 2 + 3) 06 X X X X X 0 0 0 1. Payment Authority (A) X X X X 0 2. Payment Authority (B) X X X X 0 3. Payment Authority (C) X X X X 0 ...     X X X X 0 requirements to electronic money institutions for the provision of payment services * total (1 + 2 + 3) 07 X X X X X 0 0 0 1. An electronic money institution (A) X X X X 0 2. An electronic money institution (B) X X X X 0 3. Electronic money institution C X X X X 0 ...     X X X X 0 claims against an electronic money issuer or its representative (1 + 2 + 3) 08 X X X X X 0 0 0 1. Emitents A                 0 2. Emitents B                 0 3. Emitents C                 0 ...                 0 cash total assets (01 + 02 + 03 + 04 + 05) 09 X X X X X 0 X X commitment to payment service users * 10 X X X X X 0 0 0 liabilities to holders of electronic money ** 11 X X X X X 0 0 0 liquid assets total shortfall (-) or surplus (+) all obligations to the payment service users and holders of electronic money (09-10-11) 12 X X X X X 0 X X during the previous 12 months, payments to the average value of 13 X X X X X X X total payments amounting to 14 X X X X X X X electronic money in circulation, the average amount of * 15 X X X X X X X Treasury money total amount ** 16 X X X X X X X * indicates a payment institution or an electronic money institution if it provides payment services. ** Indicates the electronic money institution.
Payment institutions or electronic money institutions leader: (name, surname) artist: (name) (telephone number) (email address)  


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