Financial and capital market Commission regulations Regulation No 106, Riga, March 29, 2010 (pr. Nr. 12, 3. p.)
Licence fees for the issuing authority, registration, payment institutions submit documents and information regulations Issued in accordance with the provisions of the payment Services Act, article 11 of the fourth, 20, 32 and 33 of article i. General questions 1. "licence fees for the issuing institution, the payment institution registration, submit the documents and information on legislative provisions (hereinafter referred to as the rules) are binding on the companies, which according to the payment services 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 Act, the provisions of article 5 of the payment institutions activities is not required to get a license.
2. the rules provide procedures for: 2.1. the Commission shall issue a licence for the operation of the payment authority (hereinafter licence);
2.2. the Commission recorded a payment institution which under the operation of the payment Services Act, article 5 does not require a license;
2.3. the Commission will re-register the license;
2.4. payment institution provides notice of the commencement of payment services in another Member State;
2.5. authorised payment institution provides information about its officials and legal representatives;
2.6. payment institution licensed to provide the Commission with information about its branches and representatives;
2.7. the paying 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, a payment institution shall immediately publish the newspaper "Gazette" notice of loss of license and submit to the Commission an application for the issue of a duplicate licence.
II. Payment institutions licensing 6. Company wishing to receive a licence, shall submit to the Commission an application for the recipients (annex 1), in addition to the payment Services Act, article 11 the provisions of the first paragraph by adding the following documents: 6.1. details of payment institutions owners: 6.1.1. payment institutions owner identificējošo 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. physical person – 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 payment institutions, which have significant participation in the payment institution financial stability: 6.2.1. Latvian company-State revenue service not older than three months 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 duty officer, the persons, adopting relevant decisions in the name of the payment institution, the payment institution creates civil liability, or persons who are directly responsible for payment institutions, payment service transactions management, communication (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 payment institution wishes to obtain a licence for another type of payment service, payment institution shall submit to the Commission an application for the renewal of a licence, indicating the types of payment services that you want to give, in addition to 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. Payment institutions registration arrangements 8. A payment institution which under the operation of the payment Services Act, article 5 does not require a license, the recipient shall submit to the Commission a statement (annex 3).
IV. License Renewal 9. re-register your license by the Commission in the following cases: 9.1 if you change the payment institution name (firm);
9.2. If the payment institution is issued a license to another payment service, which was not specified in the licence originally issued.
10. With a view to re-registering the license in this rule 9.1. in the case referred to in subparagraph, payment shall provide the authorized person 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. notice of commencement of payment services in another Member State 11. If the payment institution wishes to commence provision of payment services in another Member State by opening a branch or through representative according to the payment Services Act article 32 second subparagraph, it shall present to the Commission appropriate communication (annex 4).
12. If the payment institution wishes to commence provision of payment services in another Member State, without having to open a branch or through representative according to the payment Services Act, article 33 the second subparagraph, it shall present to the Commission appropriate communication (annex 5).
Vi. provision of information on officials 13. For the Commission to ensure the officials, persons, adopting relevant decisions in the name of the payment institution, the payment institution creates civil liability, or persons who are directly responsible for payment institutions, payment service operations management, compliance with the service requirements of the law, payment authority, 10 working days before the person starts to perform his duties, shall submit to the Commission the following documents: 13.1. payment institutions competent governing body meeting (hearing) 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 assuming payment of relevant decisions in the name of the institution, the payment institution creates civil liability, or a person who is directly responsible for the payment institutions activities management of payment services, to carry out such activities;
13.2. the officials, persons, adopting relevant decisions in the name of the payment institution, the payment institution creates civil liability, or persons who are directly responsible for payment institutions, payment service transactions management, communication (annex 2), advanced professional biography (CV – at least for the last 10 years, including the ieņemamo posts and functions performed) and copies of documents.
14. Payment Authority not to apply this provision, paragraph 13 of the reporting obligation but payment authority, 10 working days before the person starts to perform his duties, shall inform the Commission of any changes in personal status in the following cases: for 14.1. payment institutions shall become the Chairman of the management board the Management Board;
14.2. the paying authority Board member becomes Chairman of the Board;
14.3. the paying authority Board member becomes a member of the Council;
14.4. payment institutions Council President-in-Office of the Council becomes;
14.5. the paying authority, the President of the Council becomes a Council Member;
14.6. a person who, by adopting the relevant decisions in the name of the payment institution, the payment institution creates civil liability, or a person who is directly responsible for payment institutions, payment service operations management, becoming a Board Member;
9.1. payment institutions or member of the Board becomes the person that, by adopting the relevant decisions in the name of the payment institution, the payment institution creates civil liability, or the person who is directly responsible for payment institutions, payment service operations management.
15. If the payment officer, the person accepting the essential decisions on the payment authority payment authority, create civil obligations, or the person who is directly responsible for the payment institutions activities management of payment services, changes have taken place in the composition, which is not regulated in these provisions in paragraphs 13 and 14, the payment 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. Provision of information on payment institutions affiliates and representatives 16. Payment authority once a year not later than 31 January of the following year shall be submitted to the Commission on payment institutions affiliates and representatives on the situation in the preceding calendar year on 31 December (annex 6).
VIII. Information on the change of registered office 17. Payment Authority not later than 10 working days after the payment institution's legal address change registration in the commercial register or companies register in writing inform the Commission about these changes.
IX. Submission and examination of the notification procedure 18. 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.
19. payment authority (the 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.
20. 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.
21. 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.
22. If an application or other document at the hearing, the documents referred to in these provisions are amended, the payment institution shall forthwith communicate to the Commission the relevant specified documents.
23. The payment authority may not submit to the Commission documents that are obtainable from the public registry of the Republic of Latvia.
24. where these rules 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 do not submit relevant documents and submission to the Commission 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.
Financial and capital market Commission (I). Krūman of annex 1 financial and capital market Commission 29.03.2010. Regulations Regulation 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, Kungu 1, Riga, LV-1050 application license payment authority to receive information on company 1, wishing to receive a licence payment institutions operation name (trade name) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _____ registration number _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ address _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ 2. information on the types of payment services that will 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 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 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 the payment service user to the payment service for the money available for credit limit shall apply to the payment and receipt of the instrument of release Bezkont money order payments, 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 or the service provider's agent.
3. Payment information authorities Auditor (if any) name (firm)/name ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ registration number/ID number ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ declared registered office/home address ___ ____ ____ ____ ____ ____ ____ ____ ____ 4. information on the persons to whom the payment institution is a significant participation in the (business) Name/name ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ registration number/ID number ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ legal address/declared address _____ _____ _____ _____ _____ _____ _____ the amount of participation (percentage of payment institutions-capital) ____ ____ ____ ____ 5. information about the persons with which the payment institution has close relations (business) Name/first name the name ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ registration number/ID number ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ legal address/declared address _____ _____ _____ _____ _____ _____ _____ Annex: (add payment service act article 11, first paragraph, 1-8, 12 and 13, and the financial and capital market Commission 29.03.2010. Regulation No 106 of the laws ' licence fees for the activity of issuing authority, registration, payment institutions submit documents and information on legislative provisions "referred to in paragraph 6 the information and documents) information about the platform signing the application: signature and printed name (personal name) _____ _____ _____ _____ _____ social security number ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _____ declared home address _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ the post or other legal basis on which the representative authority of payment _____ _____ _____ _____ (date) in annex 2 financial and capital market Commission 29.03.2010. Regulations Regulation 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, Kungu 1 Riga, LV-1050, a notice of payment authority Board Member, Council Member, the person who, by adopting the relevant decisions in the name of the payment institution, the payment institution creates civil liability, or the person who is directly responsible for payment institutions, payment service transaction management, Payment institution name (trade name) ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ persons name, surname, personal code ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ Posts or other legal representative of the Foundation on which the payment institution ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 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)?
_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ ______ or the 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 the person is a significant interest in the company (yes/no)?
Company name (business name) and address participation amount, in LCY, the proportion of the share capital percentage (signature) (name) (date) Annex 3 financial and capital market Commission 29.03.2010. Regulations Regulation 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, Kungu 1, Riga, LV-1050 notice of payment institutions activities with this stated that the person referred to in paragraph 1 corresponds to the payment Services Act article 5 conditions referred to in the first subparagraph 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/name ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ registration number/ID number ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ legal 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 a payment account service 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 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 the payment service user to the payment service for the money available for credit limit shall apply to the payment and receipt of the instrument of release Bezkont money order payments, 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 3. information about the payment institution's Board and Council members , persons who, by adopting 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 transaction management name _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ social security number ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _____ declared home address _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ the post or other legal basis on which the representative authority of payment _____ _____ _____ _____ Annex: (payment services act shall be added to article 5 of the second paragraph of point 3 of this document) information about the platform that the signature application : signature and printed name (personal name) _____ _____ _____ _____ _____ social security number ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _____ address _____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ Posts or other legal basis on which the representative authority of payment _____ _____ _____ _____ (date) in annex 4 financial and capital market Commission 29.03.2010. Regulations Regulation No 106 "licence fees to the functioning of the authority issuing the registration, payment institutions, submit the documents and information on legislative provisions" schedule, the NOTIFICATION DATED [date of letter] TO article 17 PURSUAN OR article 25 OF the payment services directive-BRANCH establishment AND engagement OF AN agent LOCATED IN A host MEMBER State type of Notification: [e.g. first time/additional services] Notification Reference: [home Member State ref] date of receipt by the home authority: [date] the Member State in which the branch/agent is to be established: [host Member State] payment Institutions: [name of PI] address: [home address] Telephone Number: [tel. from] contact: [name + email address] home State: [home Member State] status: an Authorisation by [home Member State Competent Authority] Data from which branch/agent is to be established : [upon host MS acknowledgement expected by XX/specific date] Branch/agent address: [branch/agent address] persons responsible for management of the branch/agent: [names] the payment services to be provided: 1. Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account.
2. Services enabling cash withdrawals from a payment as well as all the operations required for operating a payment account.
3. Execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider: — execution of direct debut, including a one-off direct debut-execution of payment transactions through a payment card or a similar device-execution of credit transfers, including standing orders 4. Execution of payment transactions where the funds are covered by a credit line for a payment service user :-execution of direct debut, including a one-off direct debut-execution of payment transactions through a payment card or a similar device-execution of credit transfers, including standing orders 5. Issuing and/or acquiring of payment instruments * 6. Money remittanc 7. Execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunication , digital or IT device and the payment is made to the telecommunication, IT system or network operator, acting only as an intermediary between the payment service user and the supplier of the goods and Services Including granting credits in accordanc with the rules provided for in article 16 (3) of the directive yes from Annex 5 financial and capital market Commission 29.03.2010. Regulations Regulation No 106 "licence fees to the functioning of the issuing authority , registration, payment institutions submit documents and information on legislative provisions "schedule the NOTIFICATION DATED [date of letter] PURSUAN TO article 25 OF the payment services directive-FREEDOM TO provide services the type of Notification: [e.g. first time/change of services] Notification Reference: [home Member State], the date of receipt by the authority [date] in the home Member State in which it intends to operate the SO: [host Member State] payment Institutions : [name and registration number of PI] address: [address] Telephone Number: [tel. from] Email: [email] contact: [name] ' home State: [home Member State] status: an Authorisation by [home Member State Competent Authority], the date from which payment services will be provided: [date] for the payment services to be provided: 1. Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account.
2. Services enabling cash withdrawals from a payment as well as all the operations required for operating a payment account.
3. Execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider: — execution of direct debut, including a one-off direct debut-execution of payment transactions through a payment card or a similar device-execution of credit transfers, including standing orders 4. Execution of payment transactions where the funds are covered by a credit line for a payment service user :-execution of direct debut, including a one-off direct debut-execution of payment transactions through a payment card or a similar device-execution of credit transfers, including standing orders 5. Issuing and/or acquiring of payment instruments * 6. Money remittanc»
7. Execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunication, digital or IT device and the payment is made to the telecommunication, IT system or network operator, acting only as an intermediary between the payment service user and the supplier of the goods and Services Including granting credits in accordanc with the rules provided for in article 16 (3) of the directive yes from Annex 6 financial and the capital market regulatory Commission 29.03.2010. Regulation No 106 "licence fees to the functioning of the authority issuing the registration, payment institutions, submit the documents and information on legislative provisions" payment institutions affiliates and representatives on the situation in the preceding calendar year December 31, payment institutions, the number of branches in the Republic of Latvia to payment institutions, the number of representatives in the Republic of Latvia to payment institutions, the number of branches abroad payment institutions number of branches of the European economic area countries payment institutions representatives abroad for payment institutions, the number of representatives of the European economic area countries payment authority Board Chairman _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/___ ____ ____ ____ ____ ____ ____ ____/(signature) (name first name, last name)
