License Payment Institutions And Electronic Money Institutions For The Operation Of The Service, Payment Institutions And Electronic Money Institutions Registration, Submit The Documents And Information On Legislative Provisions

Original Language Title: Licenču maksājumu iestādes un elektroniskās naudas iestādes darbībai izsniegšanas, maksājumu iestādes un elektroniskās naudas iestādes reģistrācijas, iesniedzamo dokumentu un informācijas sniegšanas normatīvie noteikumi

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Financial and capital market Commission, the provisions of regulations No 64 in Riga in 2011 April 15 (financial and capital market Commission Council meeting Protocol No 15 3. p.)
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 Issued in accordance with the provisions of the payment services and electronic cash law article 11 of the fourth subparagraph, article 20, article 32 and article 33 i. General questions 1. "license payment institutions and electronic money institutions for the operation of the service, payment institutions and electronic money institutions registration to submit documents and information regulations regulations "(hereinafter the rules) is binding: 1.1. companies, pursuant to which the payment services and electronic cash law received the financial and capital market Commission (hereinafter the Commission) license for payment institutions activities, as well as natural and legal persons, which, according to the payment services and electronic cash law the provisions of article 5 of the payment institutions activities is not required to be licensed;
1.2. the commercial companies, which according to the payment services and electronic cash law received a Commission license issuance of electronic money, as well as legal persons in line with the payment service and electronic money provisions of article 5.1 of the Act, electronic money issuance is not required to get a license.
2. the rules provide procedures for: 2.1. the Commission shall issue a licence to the authority for payments and electronic money institution (hereinafter together referred to an institution);
2.2. the Commission registers whose start-up requires no license;
2.3. the Commission will re-register the license;
2.4. the authority shall give notice of the licensed for payment services or electronic money emissions started in another Member State;
2.5. the authority shall provide information on its officials and legal representatives;
2.6. the authority shall provide the Commission with information about its branches and representatives;
2.7. the authority shall provide the Commission with information on the change of registered office.
3. The Republic of Latvia developed and approved documents and copies thereof shall be drawn up in accordance with the regulations laid down in the document development and design requirements.
4. foreign physical and legal persons documents must be legalised unless the laws of the Republic of Latvia or the Republic of Latvia Saeima approved international treaties do not set out other arrangements. Documents submitted in a foreign language must be Latvian language or accompanied by a translation into the language of international finance.
5. If the license is lost, the authority shall without delay publish the newspaper "Gazette" notice of loss of license and submit to the Commission an application for the issue of a duplicate licence.
II. the institutions licensing company, which 6 still to receive a licence shall be submitted to the Commission addressed to the application (annex 1), in addition to the payment services and electronic cash law article 11, first paragraph, adding the following documents: 6.1. details of the Authority's owners: the owners of identificējošo authority 6.1.1. documents: 6.1.1.1. company (only for non-residents)-certified registration certificate or other corresponding foreign country valid identification (registration certificate) a copy of the document 6.1.1.2., natural person – a person's identity card copy 6.1.1.3. any other person who is not a natural person, or company, the other person's identity card copy;
6.1.2. details of major holdings in other companies, including their name (company), legal address, registration number, country of registration and the nature and extent of participation (percentage of the company's share capital);
6.2. documents certifying their authorities owners who have a significant interest, the institution financial stability: 6.2.1. Latvian company-State revenue service not older than three months ago issued a statement that the company has no tax arrears;
6.2.2. foreign company – the last two years audited annual report;
6.2.3. a natural person (resident)-State revenue service certified in the last two years copies of the Declaration of income;
6.2.4. a natural person (non-resident) tax administrations concerned, show the last two years the tax (income) a copy of the Declaration;
6.3. the 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 institution, a statement (annex 2), advanced professional biography (CV – at least for the last 10 years, including the ieņemamo posts and functions performed) and copies of documents.
7. If the authority wants to get a licence for another type of payment services, the authority shall submit to the Commission an application for the renewal of a licence, indicating the types of payment services that you want to give, by adding the following application documents: 7.1 operating structure, the administrative services necessary to create estimates of expenditure and information about sources of funds to cover these expenses;
7.2. new types of payment services required for the implementation of expenditure and information about sources of funds to cover it.
III. procedures for the registration authority 8. A payment institution which under the start-up payment services and electronic cash law article 5 does not require a license, in a notification addressed to the Commission (annex 3).
9. The electronic money institution, the start-up according to payment services and electronic cash law 5.1 article does not require a license, in a notification addressed to the Commission (annex 4).
IV. License Renewal 10. re-register your license by the Commission in the following cases: 10.1 if you change the name of the Authority (firm);
10.2. If the authority is issued a license to another payment service, which was not specified in the licence originally issued.
11. With a view to re-registering the license 10.1. these provisions in the case referred to in paragraph, it shall provide the authorized persons sign the Commission addressed a request for renewal of the licence and the certified true copy of certificate of registration in the case of a change of name.
V. statement of the provision of payment services and electronic money emissions started in another Member State 12. If the institution wishes to commence provision of payment services or the issuance of electronic money in another Member State by opening a branch or through representative according to the payment services and electronic cash law article 32 second subparagraph: 12.1. payment institution shall submit to the Commission an appropriate notice on the provision of payment services (annex 5);
12.2. the electronic money institution shall submit to the Commission an appropriate notice on the provision of payment services and the issuance of electronic money (annex 6).
13. If the authority wants to initiate payment for the provision of services or for the issuance of electronic money in another Member State, without having to open a branch or through representative according to the payment services and electronic cash law. in the second subparagraph of article 33:13.1. payment institution shall submit to the Commission an appropriate notice on the provision of payment services (annex 7);
13.2. the electronic money institution shall submit to the Commission an appropriate notice on the provision of payment services and the issuance of electronic money (annex 8).
Vi. Information on the provision of 14 officials for the Commission to ensure the officials, persons, adopting relevant decisions on behalf of licensed institutions, creating a licensed Authority civil obligations, or persons who are directly responsible for licensed institutions payment service transaction management or the issuance of electronic money, compliance and payment services, electronic money law, licensed authority, 10 working days before the person starts to hold office duty shall be submitted to the Commission the following documents: 14.1 the competent bodies authorised by the governing bodies of the meeting (the meeting) a copy or extract of the minutes on the basis of which the officer is appointed, or other document, on the basis of which the person that, by adopting 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, to carry out such activities;
14.2. the officials, persons, adopting relevant decisions on behalf of licensed institutions, creates civil liability, the authority or person who is directly responsible for the Authority's payment service transaction management or the issuance of electronic money, a statement (annex 2), advanced professional biography (CV – at least for the last 10 years, including the ieņemamo posts and functions performed) and copies of documents.
15. To a licensed authority not to apply this provision, paragraph 14, the obligation to provide information, but a licensed institution, 10 working days before the person starts taking up his duties, shall inform the Commission of any changes in personal status in the following cases:

15.1. the institutions will become Chairman of the management board the Management Board;
15.2. the institutions of the Board becomes Chairman of the Board;
15.3. the institutions of the Board becomes a member of the Council;
15.4. a member of the Council of the Authority becomes the Chairman of the Council;
15.5. the President of the Council of the Authority becomes a Council Member;
15.6. 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, become a Board Member;
15.7. the institutions of the Executive Board or a member of the Council becomes the person that, by adopting the relevant decisions in the name of the institution, causing civil obligations, the authority or person who is directly responsible for payment institutions, payment service transaction management or the issuance of electronic money.
16. If the authority of 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 provisions in paragraphs 14 and 15, the authority within 10 working days after the corresponding changes in the commercial register or companies register, made in writing inform the Commission about these changes.
VII. Information on the institutions affiliates and representatives of 17 licensed to provide the authority, no later than once a year until the next January 31, submitted to the Commission for its affiliates and representatives on the situation in the preceding calendar year on 31 December (annex 9).
18. the authority, which do not require start-up license, once a year, no later than 31 January of the following year to submit to the Commission, its affiliates and representatives on the situation in the preceding calendar year on 31 December (annex 10).
VIII. Information on the change of registered office 19. Authority to provide no later than 10 working days after the change of the registered office of the authority of registration in the commercial register or companies register in writing inform the Commission about these changes.
IX. Submission and examination of the notification procedures 20. the Commission shall take a decision on the issue or refusal to issue a licence and shall inform the applicant within three months of receiving all the necessary documents, in the event of refusal stating the grounds for the refusal.
21. The name (company) in the event the Commission license to re-register within three working days after all necessary legislation prepared and presented, according to the document.
22. This provision paragraph 7 in the case referred to in the application for licence renewal, the Commission examined and a decision on renewal or refusal to do so shall be adopted within 30 days after all necessary legislation prepared and presented, according to the document.
23. in the event of the loss of the licence, the Commission shall issue a duplicate of the licence within three working days after the receipt of the application.
24. If an application or other document at the hearing, the documents referred to in these provisions are amended, the authority shall forthwith communicate to the Commission the relevant specified documents.
25. the authority may submit to the Commission documents that are obtainable from the public registry of the Republic of Latvia.
26. If these provisions in the cases specified in the documents to be submitted, which is already at the disposal of the Commission and that information does not change, then the relevant documents submitted to the authority and the Commission in the application indicates that the relevant documents are submitted to the Commission and the information they contain, from the time of submission to the Commission, no change.
X. closing questions 27. provisions enter into force 28 this regulation 30.04.2011. entry into force of Commission shall lapse 29.03.2010. legislative provisions no. 106 "licence fees to the functioning of the authority issuing the registration, payment institutions, submit the documents and information on legislative provisions".
Financial and capital market Commission Deputy Chairman j. Brazovsk a annex 1 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 financial and capital market Commission, Kungu 1, Riga, LV-1050 annex 2 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 financial and capital market Commission, Kungu 1, Riga, LV-1050 annex 3 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 financial and capital market Commission, Kungu 1 Riga, LV-1050, annex 4 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 financial and capital market Commission, Kungu 1, Riga, LV-1050 annex 5 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 annex 6 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 annex 7 financial and capital market Commission 15.04.2011. regulatory arrangements no 64 Annex 8 financial and capital market Commission 15.04.2011. regulatory arrangements no 64. Annex 9 financial and capital market Commission 15.04.2011. regulatory arrangements no 64, annex 10. Financial and capital market Commission 15.04.2011. regulatory arrangements no 64


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