The Law Of July 12, 2013, Amending The Law On Payment Services And Certain Other Laws

Original Language Title: USTAWA z dnia 12 lipca 2013 r. o zmianie ustawy o usługach płatniczych oraz niektórych innych ustaw

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Article. 1. [the payment services act] in the Act of 19 August 2011, payment services (Journal of laws No. 199, item 1175 and no. 291, poz. 1707 and from 2012, poz. 1166) is hereby amended as follows: 1) in the article. 1: a) an introduction to the calculation of shall be replaced by the following: "the law specifies the rules for the provision of payment services and the issue and redemption of electronic money, including the following:" (b)) after paragraph 2 the following point 2a shall be inserted: "2a) the conditions for the issue and redemption of electronic money", c) point 3 shall be replaced by the following: ' 3) the rules for the pursuit of the business of credit institutions, payment services, electronic money institutions and foreign branches of electronic money institutions including through agents, and the rules for the supervision of these entities. ";

2) article. 2: a) point 1 shall be replaced by the following: "1) agent-natural person, legal entity, and the entity that is not a legal person, where the law recognizes the legal capacity, acting in the name and on behalf of a payment institution, the payment services, electronic money institutions or foreign branch of electronic money institutions in the provision of payment services, (a) in respect of electronic money – in terms of his redemption;", (b)) shall be added to point 1, points 1a and 1b shall be added : "1a) the paying agent-the supplier established in the provision of payment services referred to in article 14(2). 3 paragraphs 1 and 2. 1 point 5;

1B) the recipient of their merchants other than the consumer, for which the paying agent paying service; ", c) after paragraph 2, the following paragraph 2a is inserted:" 2a) payment services is a natural person, any legal person and the entity other than a legal person, where the law recognizes the legal capacity, entered in the register of payment service established offices for the provision of payment services referred to in article 14(2). 3 paragraphs 1 and 2. 1 point 6; "d) point 6 shall be replaced by the following:" 6) Member State host is a Member State other than the home Member State in which the supplier provides payment services, including through an agent established in that Member State or in the country, or the Publisher of electronic money seems to electronic money, including in this State branch; ", e) points 8 and 9 shall be replaced by the "8) hybrid electronic money institution-an institution implementing electronic money in addition to the issue of electronic money, payment services or activities referred to in article 14(2). paragraph 132j 1 points 1 and 2 and paragraphs 1 and 2. 3, other economic activities;

9) hybrid payment institution is paying authority exercising in addition to payment services, electronic money issue or activity referred to in article 14(2). paragraph 74. 1 points 1 and 2 and paragraphs 1 and 2. 3, other economic activities ", f) after section 9 the following point 9a is inserted: ' 9a) hybrid payment service office – the Office of executing payment services in addition to the payment services referred to in article 14(2). 3 paragraphs 1 and 2. 1 section 6, other economic activities ", g) the following point after point 10 10a is inserted:" 10a) an electronic money institution is a national institution of electronic money and electronic money institution of the EU; ', h) the following point after point 15 15a and 15b shall be inserted: ' 15a) credit card-your card to withdraw cash or to deposit a payment order through merchant or billing agent, accepted by the merchant in order to receive by him due to him;

15B) an electronic money institution is a legal person that has obtained the authorisation referred to in article 2. 132a paragraph 1. 1, to operate as an electronic money institution; "and) point 17 shall be replaced by the following:" 17) the home Member State is the Member State in which the provider or publisher of electronic money is established or, if the entity does not have a seat in accordance with the law of the Member State applicable to the Member State where it has its principal place of business ", j) points 19 and 20 shall be replaced by the : "19) branch is a branch within the meaning of article 3. 5 section 4 of the Act of 2 July 2004 on freedom of economic activity (OJ of 2013. poz. 672, 675 and 983), hereinafter referred to as "the Act on freedom of economic activity", which in the case of the EU paying authority, of the EU's electronic money institutions and foreign electronic money institutions all of its branches located at the territory of the Republic of Poland shall be regarded as a single branch;

20) the accountable Manager is a member of the Board of Directors and, in the case of a non-entity of the Board-the person responsible for the management of the non-business entity to another person, except that in the case of a hybrid payment institution or hybrid electronic money institutions – respectively the competent Member of the management board or the person responsible for the management of the activities of such institutions in the field of payment services or the issuance of electronic money, and, in the case of a hybrid payment service office-appropriate proper member of the management board or the person responsible for the management of the activities of such offices in the field of payment services; , k) after paragraph following point 21, 21a is inserted: "21a) electronic money is a monetary value stored electronically, including magnetically, issued, with the obligation to redeem her, in order to make payment transactions accepted by persons other than the exclusive publisher of electronic money", l) point 27 shall be replaced by the following: "27) payment system-cash transfer system based on a formal and standardised and common rules on the processing of , clearing or settlement of payment transactions, in particular within the meaning of article 3 of the payments system. 1 paragraph 1 of the law of 24 August 2001 on settlement finality in payment and securities settlement systems and the principles of supervision of these systems (OJ of 2013. poz. 246), hereinafter referred to as "the law on settlement finality,"; ", m) after section 27 the following point 27a and 27b is inserted:" 27a) average outstanding electronic money in circulation is established on the first calendar day of each month, the arithmetic mean of the sum of financial obligations in respect of issued electronic money calculated at the end of the each calendar day during the preceding 6 calendar months;

27B) funding-cash and non-monetary measures to reliably a particular value and degree of liquidity that allows immediate risk or loss of money obtained from these non-monetary measures; ", n) after paragraph following point 31, 31a shall be inserted:" 31a) the EU's electronic money institution is a legal person which the competent supervisory authorities issued the authorization to issue electronic money; ") section 35 shall be replaced by the following:" 35) the competent supervisory authorities – authorities other than the Republic of Poland Member States eligible under the rules in force in Member States to the issue of permits payment services by credit institutions of the EU or on the issue of electronic money by EU electronic money institutions '; p) the following point after point 35 35a and 35b: "35a) at the Publisher on the payment instrument is a payment service provider referred to in article 14(2). 3 paragraphs 1 and 2. 1 point 4;

35B) electronic money institution of a foreign-based entity in the State which is a Member State, other than a foreign bank shall be entitled, in accordance with the law of the Member State of establishment to issue electronic money; ";

3) article. 3. in paragraphs 1 and 2. 1: a) point 3 shall be replaced by the following: "3) execution of payment transactions listed in point 2, the weight of the funds made available to you in respect of the loan, (a) in the case of a payment institution or electronic money institutions-credit, referred to in article 1. paragraph 74. 3 or article. paragraph 132j 3. "b) point 5 shall be replaced by the following:" 5) allowing for the execution of payment transactions initiated by or through the merchant, the payee's payment instrument, in particular on the use of authorization, submit to the Publisher credit card payment systems or payment orders payer or merchant, having to give him due akceptantowi measures, excluding activities involving its accounting and settlement within the framework of the payment system within the meaning of the law on settlement finality (acquiring); " , c) point 7 is replaced by the following: "7) execution of payment transactions where the consent of the payer to execute a transaction is granted using the telecommunications equipment, digital or information technology, and payment is passed a telecommunications provider, digital or, acting only as an intermediary between the user assigning payment transaction and the consignee. ';

4) article. 4: a) in paragraphs 1 and 2. 2 point 4 shall be replaced by the following: ' 4) an electronic money institution; ', b) after paragraph 1. 2, the following paragraph. 2A and 2b is inserted: ' 2a. The activity of issuing electronic money and his redemption can be performed only by the publishers of electronic money.

2B. The publisher of electronic money may only be the person referred to in paragraph 1. 2, points 1-4 and 6-8, and 1) branch of foreign electronic money institutions;


2) branch in provider other than the Republic of Poland in a Member State, in accordance with the law of that Member State, postal payment services, approved in accordance with the law of that Member State to issue e-money and Mail Poland joint stock company, in so far as the provision of art. 13. 1, paragraph 2a of the Act of September 5, 2008. about the commercialization of State-owned utilities "Poland" (Journal of laws No. 180, item 1109, 2012. poz. 1529 and from 2013, poz. 1036) entitles it to issue electronic money;

3) credit unions. "(c)) (2). 3 shall be replaced by the following: "3. the national payment institutions, payment services, electronic money institutions and their branches and agents of these entities performing agency activities for the provision of payment services, foreign branches of electronic money institutions, and credit unions and their branches shall be subject to entry in the register of vendors and publishers of electronic money, hereinafter referred to as" the register "." d paragraph 1) adds. 6 and 7 is added: "6. The term ' issuing electronic money" for the determination of the activity of economic activities, including as an element name (company), or in advertising can only be used by publishers of electronic money.

7. only entitled to use the name (company), the terms "electronic money institution" are electronic money institutions and foreign branches of electronic money institutions ";

5) in the article. 5: a) in paragraphs 1 and 2. 2 introduction to calculations shall be replaced by the following: "the provisions of sections I-III, with the exception of article 5. 14A-14 c and art. 59, and the provisions of section IX shall apply only in cases where: "(b) in paragraph 2). 3 the second sentence shall be added to read as follows: "the provisions of article 4. 14A-14 c applies to services performed in each currency. "(c)) (2). 4 shall be replaced by the following: "4. The provisions of the Act apply to the issuance of electronic money in every currency." d paragraph 1 repealed) 5;

6) in the article. 6: a) point 8 shall be replaced by the following: "8) payment transactions carried out within the framework of the payment system or securities settlement system, referred to in article 1. 1 point 2 of the law on settlement finality; "b) in point 11 (a). (a) shall be replaced by the following: "(a)) in order to acquire goods or services only in the publishers of these instruments or third party facilities associated with the Publisher of the trade agreement, other than an agreement for the provision of payment services referred to in article 14(2). 3 paragraphs 1 and 2. 1 point 5 ", c) point 12 shall be replaced by the following: ' 12) payment transactions carried out using any of the telecommunications equipment, digital or, where the goods or services purchased are delivered to the telecommunications equipment, digital or information technology and will be used by means of such a device, if the provider of telecommunications services, digital or information technology also provides other services and, in particular, provides tools to access, search or distribution;";

7) article. 7. 8 shall be replaced by the following: ' article 1. 7. Funds received by payment institutions, payment services, electronic money institutions and foreign branches of electronic money institutions in connection with the provision of payment services and is issued in Exchange for electronic money does not constitute a deposit or other repayable funds within the meaning of article 3. 726 of the Act of 23 April 1964 – Civil Code (OJ No 16 item 93, as amended. 3)).

2. Payment institutions, payment services, electronic money institutions and foreign branches of electronic money institutions shall not conduct the business of taking deposits or other repayable funds within the meaning of the Act-the right bank.

3. Funds deposited on a payment account in the payment institution or electronic money institutions may not be interest or may not bring any benefits to the user.

4. cash received in Exchange for electronic money published may not be interest or bring electronic money holder, any other benefits related to the period of holding of electronic money.

Article. 8. The provisions of the agreements on payment services and contracts for the issuance of electronic money may not be less favourable for users and holders of electronic money than the provisions of the Act, unless the law provides otherwise.

2. the provisions of the agreements on payment services and contracts for the issuance of electronic money less favourable for users and holders of electronic money than the provisions of the Act are null and void; Instead, apply the relevant provisions of the Act. ";

8) in the article. 9 in paragraph 1. 2. in point 2 (a). (b) shall be replaced by the following: "(b)) the suppliers entered in the register, the non-authorisation referred to in article 2. 60 paragraph 1. 1 or article. 132a paragraph 1. 1. ";

9) in the article. 11: a) of paragraph 1. 1 shall be replaced by the following: "1. The obligation of professional secrecy concerning the activities referred to in article 14(2). 3 paragraphs 1 and 2. 1, as a supplier, as well as the activity of issuing electronic money and the business of the provision of services closely related to the payment services or the issuing of electronic money shall: 1) managers and other persons included in the statutory bodies of the supplier or publisher of electronic money;

2) persons from the vendor or publisher of electronic money in the employment relationship;

3) persons or entities remaining with the supplier or the Publisher in respect of electronic money orders, or other legal relationship of a similar nature, including agents of the supplier or publisher of electronic money, other traders carrying out the redemption of electronic money and the entities that perform some operation on the basis of an agreement referred to in article 14(2). paragraph 86. 1 or article. paragraph 132v. 1;

4) persons or entities remaining in employment, orders, or other legal relationship of a similar nature with the business with the supplier or the Publisher in respect of electronic money as referred to in paragraph 3. ', b) paragraphs 1 and 2. 3 shall be replaced by the following: "3. the professional secrecy, within the meaning of paragraph 1. 1, includes information about the user or the electronic money holder in connection with the operation of his payment services, electronic money to him or given him a loan in accordance with article 4. paragraph 74. 3 or article. paragraph 132j 3, including the designation of a payment account and the status of that Bill, as well as other information related to payment transactions and concluded with the user or owner of e-money contracts if the unauthorized disclosure of such information could expose to the detriment of the legally protected interest of the user or of the holder of the electronic money, which this information applies. ';

10) in the article. 12. in paragraphs 1 and 2. 1: a) point 1 shall be replaced by the following: "1) sprawującemu Authority supervision or control over the supplier or e-money issuer in connection with activities undertaken in the field of surveillance or control;" b) points 3 and 4 shall be replaced by the following: "3) other suppliers, publishers of electronic money, electronic money holders or users, in the framework of the provision of payment services or the issuing of electronic money in accordance with the payment order received or concluded agreement;

4) expressed in writing the consent of the user or of the holder of the electronic money, which this information applies. ';

11) after article. 12 the following article shall be inserted. 12A is inserted: "Article. 12A. Publisher payment instruments may share information about users with whom a contract for the payment instrument has been terminated due to its improper performance by the user.

2. the information referred to in paragraph 1. 1, include an indication of the reasons for the termination of the contract: 1) in the case of a user who is a natural person: a) your name, (b)) social security number;

2) in the case of non-natural person: a) name (company), and address, b) tax identification number.

3. The information referred to in paragraph 1. 1, may provide publishers payment instruments and collect for this purpose, the institution created on the basis of article. paragraph 105. 4 of law-the right bank.

4. organisations retained Agents are required to exchange information about akceptantach with which payment service agreement referred to in article 12(2). 3 paragraphs 1 and 2. 1 point 5 was terminated because of her improper performance by the merchant.

5. The paying Agent is required to provide the information referred to in paragraph 1. 4, the Publisher of a payment instrument at its request.

6. The information referred to in paragraph 1. 4, include an indication of the reasons for the termination of the contract, and: 1) in the case of a merchant that is a natural person – the data referred to in paragraph 1. 2, paragraph 1;

2) in the case of a non-merchant natural person – the data referred to in paragraph 1. 2 (2).

7. Period of retention of the information referred to in paragraph 1. 1 and 4 shall not exceed five years from the date of termination of the contract.

8. the Publisher of the payment instrument and the paying agent, who, in connection with the activities of the learned about the crime pursued on its own initiative, shall immediately inform the designated authorities to prosecute these crimes. The notice shall be accompanied by the necessary information or documents, in particular the information referred to in paragraph 1 shall be indicated. 1 and 4. ';

12) article. 14 shall be replaced by the following:


"Art. 14. Supervision of the implementation of the activities in the field of payment services and the issue and redemption of electronic money in accordance with the law, and in the field of payment services in the euro is also in accordance with the regulation of the European Parliament and of the Council (EC) no 924/2009 of the Council of 16 September 2009 on cross-border payments in the community and repealing Regulation (EC) No 2560/2001 (OJ l. The EU L 266 of 09.10.2009, p. 11, as amended. d.) and regulation of the European Parliament and of the Council (EU) no 260/2012 of 14 March 2012 setting up technical and commercial requirements with regard to credit transfers and direct debits in euro and amending Regulation (EC) no 924/2009 (OJ. The EU L 94 of 30.03.2012, p. 22): 1) by the entities referred to in article 1. 4. paragraphs 1 and 2. 2 point 1 to 3, 5 and 9-exercise authorities competent for the supervision of these entities;

2) by the entities referred to in article 1. 4. paragraphs 1 and 2. 2 point 4, 6 and 10, as well as by foreign branches of electronic money institutions-has the Financial Supervisory Commission, hereinafter referred to as "CFS", except that in the case of EU institutions and the EU's electronic money institutions is exclusively within the scope defined by the law. ";

13) after article. 14 article added. 14A-14 d shall be inserted: ' Article. 14A. The paying agent is required to submit quarterly NBP information including: 1) the number of merchants on whose behalf payment service, referred to in article 14(2). 3 paragraphs 1 and 2. 1, paragraph 5, and the number used by devices that accept payment instruments;

2) the number and value of payment transactions carried out, which involved paying service referred to in article 14(2). 3 paragraphs 1 and 2. 1 point 5;

3) the number and value of payment transactions carried out in breach of the law or the rules of fair trading and the amount due to them loss settlement agent and merchants.

2. the information referred to in paragraph 1. 1, are submitted at the end of the last day of the month of the end of the quarter or quarter period, within a time limit to the end of the month following the end of the quarter to which they relate.

3. the NBP forward FSC data, referred to in paragraph 1. 1, paragraph 3, shall without delay after their receipt.

Article. 14B. Publisher payment instrument is required to submit quarterly NBP information including: 1) the type and number of issued payment instruments;

2) the number and value of payment transactions made using payment instruments issued;

3) number of available ATMs and the number and value of payment transactions made by their use;

4) number and value made using payment instruments issued payment transactions that violate the laws or rules of fair trading and the amounts due to them.

2. The information communicated in accordance with paragraph 1. 1 separately presents information on instruments, on which it is stored electronic money issued by another entity. This information includes: 1) the type and number of issued payment instruments;

2) the number of devices that accept payment instruments issued and the number of devices to enable provisioning of such instruments;

3) the number and value of payment transactions made using payment instruments issued;

4) the number and value of issued credits transaction payment instruments;

5) number and value made using payment instruments issued payment transactions that violate the laws or rules of fair trading and the amounts due to them.

3. The information referred to in paragraph 1. 1 and 2, shall be made at the end of the last day of the month of the end of the quarter or quarter period, within a time limit to the end of the month following the end of the quarter to which they relate.

4. the NBP forward FSC data, referred to in paragraph 1. 1, paragraph 4, and paragraph 1. 2 paragraph 5, without delay after their receipt.

Article. 14 c 1. The Publisher of electronic money is required to submit quarterly information on the NBP values issued to outstanding electronic money in circulation.

2. If the Publisher of e-money payment instrument at the same time, it seems, where it is stored, published by the electronic money, the information referred to in paragraph 1. 1, include additional information on those instruments within the scope defined in article 1. paragraph 14B. 2.3. The information referred to in paragraph 1. 1 and 2, shall be made at the end of the last day of the month of the end of the quarter or quarter period, within a time limit to the end of the month following the end of the quarter to which they relate.

4. the NBP forward FSC data referred to in article 1. paragraph 14B. 2 paragraph 5, submitted in accordance with paragraph 1. (2) without delay after their receipt.

Article. 14 d. The proper Minister of financial institutions, after consulting the President of the Polish National Bank, shall determine, by regulation, the specific scope of the information referred to in article 1. 14A-14 c, transferred to the National Bank and Polish implementation requirement, driven by the need to ensure that the National Bank of Polish access to the necessary data to carry out periodic evaluations of the accounts. ";

14) in the article. 15. 1 to 4 are replaced by the following: "1. you or the electronic money holder may request to the authority holding the supervision of the provider or publisher of electronic money the complaint to that provider, Publisher of electronic money or agent of such entity, if it violates the law.

2. the right referred to in paragraph 1. 1, also entitled individuals, legal persons and organizational units that are not legal persons to whom the law confers legal capacity who have been denied benefits or to issue electronic money payment services and consumer organisations.

3. the authority referred to in paragraph 1. 1, responding to a complaint regarding a dispute on the nature of civil out-of-court dispute settlement procedures, inform the complainant of, this indicates the competent courts of conciliation.

4. If, in relation to a particular supplier or publisher of electronic money cannot determine the authority holding the surveillance, the action shall be brought directly to the vendor or Publisher; the provision of paragraph 1. 3 shall apply mutatis mutandis. ";

15) article. 16 shall be replaced by the following: ' article 1. 16. the supplier and users which is not a consumer may agree that the provisions of this chapter, with the exception of article 5. 32a shall not apply in whole or in part ";

16) in the article. 17. 3 shall be replaced by the following: "3. If the supplier, in accordance with paragraph 1. 2, shall be entitled to charge for providing the information, the fee may not exceed the costs incurred by the supplier in connection with their transfer. ";

17) in the article. in paragraph 19. 1. in point 1 (b). (a) shall be replaced by the following: "(a)) possible ways to use the payment instrument, including the information referred to in article 1. 32A, ";

18) in the article. 28 after paragraph 1. 1, the following paragraph. 1a shall be inserted: ' 1a. The paying agent is required to pass the akceptantowi, at its request, information on the charges levied on merchant. The information includes data about the level of charges and their structure, as well as a description of all components, including per invoice agent and others, together with an indication of their height. The recipe article. 26 (1). 1 shall apply mutatis mutandis. ";

19) after article. 32 is added to the article. 32A is inserted: "Article. 32A. Publisher payment card informs the user about how to denote the merchants and ATMs and other locations where payment transactions can be made using a credit card. "

20) in the article. paragraph 36. 2 shall be replaced by the following: ' 2. The amounts of the fees referred to in article 1. 50 paragraph 1. 3. paragraph 51. 6, specifies the user agreement with the supplier. The fee may not exceed the costs incurred by the supplier in connection with the notification referred to in article 2. 50 paragraph 1. 2, or in connection with an appeal of the order by the user. ";

21) after article. 39 article added. 39A is added: ' Article. 39A. In the event of the death of the user that is a party to the agreement, including the issue of a payment instrument or payment account provider, in unregulated by law-Bank Law and the law on cooperative health insurance unions, is obliged to withdraw from this instrument or account: 1), the amount spent on the funeral expenses of the user to the person who presented the Bills stating the amount incurred by the costs, in the amount not exceeding the cost of the burial equipment in accordance with the practice adopted in the environment;

2) an amount equal to the contributions on the payment instrument or account of payments made by the paying authority or of social security insurance benefits or emoluments of idle, which do not belong to the period after the death of the user identified in the request of the paying authority is a service or salary, addressed to the supplier together with the information identifying the payment instrument or payment account, which has been donated.

2. the supplier shall be exempt from the payment of the full or partial amount referred to in paragraph 1. 1 point 2, if, before the receipt of the request the paying authority service or salary made with payment instrument or payment account payments to others współuprawnionym of the agreement, including the issue of a payment instrument or account management of payments, payment of which do not allow you to execute the application in whole or in part.


3. the supplier, at the written request of the paying authority benefited from social security or pension supply or emoluments in a quiescent state, is obliged to draw up and transmit data to identify a person współuprawnionej of the agreement, including the issue of a payment instrument or account management of payments, for which they were communicated to the benefits or emoluments for the period after the death of the recipient has. Submitted data can contain only your name, social security number and the address of the place of residence of the persons współuprawnionej. ";

22) in the article. paragraph 46. 6 shall be replaced by the following: "6. The provisions of paragraph 1. 1 to 5 shall not apply to electronic money, if the supplier of the payer does not have the ability to block the payment instrument or payment account. ";

23) in the article. 52 paragraph 1. 5 shall be replaced by the following: "5. The proper Minister of public financies may determine, by regulation, the detailed terms and conditions of charge on receipt of the payment of the debts of a special fund under public revenue which the State budget or local government units, using a credit card, in particular the need to transfer the full amount of the import duties publicznoprawnej to a designated bank account and taking into account the specificities of those payments.";

24) after article. 55 article added. 55A. 55B shall be inserted: ' Article. 55A. In respect of payment transactions in its entirety on the territory of the Republic of Poland in the Polish currency, on accounts receivable, to which the provisions of the Act of 17 December 1998 on pensions and the Veterans of the Social Security Fund (OJ of 2009 No 153, item 1227, as amended. 4)), shall not apply to article 5(1). 54 paragraph 1. 2.2. In the event of non-observance of the period of performance of a payment transaction, referred to in article 1. 54 paragraph 1. 1, in respect of the claims referred to in paragraph 1. 1, the provider is obliged to pay to the recipient has statutory interest.

3. the supplier's liability for failure to perform the obligation referred to in article 1. 54 paragraph 1. 1 concerning the claims referred to in paragraph 1. 1, shall apply mutatis mutandis article. paragraph 85. 1, second sentence, of the Act of 13 October 1998 on the social security system (OJ of 2009 No 205, poz. 1585, as amended. 5)).

Article. 55B. with respect to payment transactions involving the transfer of funds in respect of social security contributions and health insurance and other contributions, and contributions, for which the collection is bound to Social Insurance shall not apply. 54 paragraph 1. 2. ";

25) in section III is added to chapters 5 and 6 are added: "Chapter 5 payment cards Article. 59A. Agreement, in so far as it covers the issue of payment card, whether the card is issued to bearer or to the designated person.

Article. 59b. When making payment using a credit card to identify a person authorised to its use, the person using this card shall be akceptantowi to produce, on request, evidence of its identity.

Article. 59c. 1. The user can withdraw from the contract, in so far as it covers the issue of payment card within 14 days from the date of receipt of the first payment card on the basis of this agreement, if you have not made any payment transaction using this card.

2. in the case of withdrawal from the contract in accordance with paragraph 1. 1 Publisher credit card returns the user to the amount of incurred charges. The Publisher may charge your credit card the user costs relating to the issuance of payment card in to the extent provided for in the agreement.

Article. 59d. 1. You can authorize the payment card company to exercise his rights as a victim in criminal proceedings.

2. The publisher of credit card is obliged to work with top-notch care.

3. Publisher payment card can perform two or more of the rights of victims in criminal proceedings, if their interests are not at odds.

Chapter 6 the rights and obligations of merchant and billing agent Art. 59e. Refusal to accept payment by merchant can occur in the case of: 1) the expiry of the period to which it is possible to use the payment instrument;

2) blocking of the payment instrument;

3) signature mismatch of the person authorized to use the payment instrument an instrument payments identifying such person with the signature on the document obciążeniowym;

4) refusal to present the identity document in the case referred to in article 1. paragraph 59F. 1;

5) finding the use of a payment instrument by unauthorized person;

6) inability of acceptance of a payment transaction.

Article. 59F. In the case of reasonable doubt of their merchants may require from a person that uses a credit card to identify a person authorised to use the presentation of a document stating its identity.

2. the merchant already can stop payment instrument in the case referred to in article 1. 59e points 1-3 and 5, and in the case of billing agent stop command a payment instrument.

3. Of their merchants and paying agent are required to determine and comply with security procedures, and in particular of their merchants may not make unauthorized data about the user and the person authorized by him to use a credit card, and is also required to prevent the incorrect use or copying of a payment instrument.

Article. 59g. Of their merchants shall mean the place at which operates in such a way that a clear finding, using what instruments it is possible to carry out the payment transaction in the course of business by, in particular, indicates the scope of the accepted credit cards.

Article. 59h. The paying Agent shall consider complaints relating to payment transactions, where the implementation of the Publisher refused. In the case of payment transactions initiated on the territory of the Republic of Poland for examining the complaint cannot last longer than 90 days from the date of its delivery agent invoice.

Article. 59i. Of their merchants may authorize the billing agent to exercise his rights as a victim in criminal proceedings. The provisions of article 4. 59d paragraph 1. 2 and 3 shall apply mutatis mutandis. ";

26) section III section IIIa shall be inserted to read as follows: "Section IIIa for the issue and redemption of electronic money Article. 59j. Publisher of electronic money is required immediately to issue electronic money at par value with receipt of funds intended for this purpose.

Article. 59k. 1. The agreement for the issue of electronic money determines the conditions of redemption of electronic money, including the fee for its redemption, clearly and in a way that is understandable.

2. The publisher of electronic money is required to provide clear and understandable information about the conditions for making the redemption of electronic money no later than the submission of the proposal for the conclusion of the agreement.

Article. 59 l 1. The Publisher of electronic money is required to allow, at the request of the holder of the electronic money, electronic money purchase at any time, at face value.

2. Redemption of electronic money follows for cash other than electronic money.

3. the electronic money Holder may request the redemption of electronic money: 1) before the expiry of the agreements referred to in article 14(2). 59k paragraph 1. 1 – in whole or in part;

2) after the expiry of the agreements referred to in article 14(2). 59k paragraph 1. 1 – in its entirety.

4. In the case referred to in paragraph 1. 3, paragraph 2, if the Publisher of electronic money is also an economic activity other than the issuing of electronic money or the provision of payment services and the provision of services closely related to such activities or other than keeping the payment systems or lending for the execution of payment transactions in connection with the performance of payment services and could not determine how much of the funds delegated to him was to be used for the issuance of electronic money , payment shall be subject to all of the funds covered by the user's request in the amount not covered by previously submitted payment orders.

Article. h 59 m 1. The Publisher of electronic money may charge a fee for the redemption of e-money only where provided for under the agreement, and in addition: 1) in the contract expiry date has been indicated, and the electronic money holder terminated the contract before that date;

2) electronic money holder with a request for redemption of electronic money in full prior to the expiry of the agreement or after the expiration of one year from the date of its expiry.

2. The fee referred to in paragraph 1. 1, shall not exceed the costs incurred by the Publisher of electronic money therefore allowing redemption.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall not preclude the deduction of the Publisher of electronic money from the amount of the payment transaction charges resulting from tax liability.

Article. 59n. Publisher of electronic money and non-consumer who accepts electronic money may determine the conditions of redemption of electronic money other than those referred to in article 1. paragraph 59 l. 3 and 4 and articles. paragraph 2 h 59 m 1 and 2.

Article. latitude 59 °. Claim for redemption of electronic money shall be permanently barred from the expiry of 5 years from the date of expiry of the agreement for the issuance of electronic money.

Article. 59p. The issuance of electronic money may not be through agents or third parties. ';

27) in the article. 60 adds paragraphs. 3 shall be added: ' 3. Licence covering the supply of services referred to in article 1. 3 paragraphs 1 and 2. 1 point 5, after consultation with the President of NBP. ";

28) in the article. in paragraph 61. 1: a) point 6 is replaced by the following:


"6) description of the system of internal control and risk management, as referred to in article 1. 64 paragraph 1. 1, paragraph 3; "b) repeals a section 7, c) points 8 and 9 are replaced by the following:" 8) data to determine the identity of the managers and the persons who directly or indirectly hold a qualifying or shares in the company or cooperatives wishing to perform payment services, with an indication of the size of them belonging to the holding or shares;

9) documents and information related to the assessment of whether the applicant and the person referred to in paragraph 8, to give a pledge of a prudent and sustainable management of the payment institution, in particular: (a)) the documents allowing to assess whether managers have the education and experience needed to manage the business for the provision of payment services, (b) a conviction for an offence) information on crime or Treasury proceedings conditionally waived and completed referral for disciplinary action as well as other administrative and civil proceedings are completed, on the applicant or persons referred to in paragraph 8 (c)) information about ongoing criminal proceedings in cases of intentional offense, with the exception of offences prosecuted by private prosecution of proceedings for tax crime as well as the ongoing administrative, civil and disciplinary proceedings is conducted against the persons referred to in point 8 or relating to the activities of these persons, or the applicant; ';

29) after article. 61 the following article shall be inserted. 61A is inserted: "Article. 61A. If the applicant intends to provide payment services referred to in article 1. 3 paragraphs 1 and 2. 1 point 5, the FSC shall immediately forward to the NBP application together with the annexes referred to in article 1. paragraph 61. 1, for the issue by the President of the NBP of the opinion referred to in article 14(2). 60 paragraph 1. 3. ";

30) in the article. 64 in paragraph 1. 1, paragraph 3 is replaced by the following: "3) ensure prudent and sustainable management of the activities covered by the application for authorisation and the proper fulfilment of obligations related to combating money laundering and the financing of terrorism, in particular by having a risk management system and internal control relevant to the nature, scale and complexity of the payment services;";

31) after article. 64 article added. 64A shall be inserted: ' Article. 64A. Part of the risk management system and internal control referred to in article 2. 64 paragraph 1. 1 section 3:1) solution: a) the organisational structure and decision-making procedures covering the full range of activities, b) rules and procedures to fulfil the obligations of the institutions within the meaning of article obowiązanych. 2 paragraph 1 of the law of 16 November 2000 on counteracting money laundering and the financing of terrorism (OJ 2010 No. 46, item 276, as amended. 6)), hereinafter referred to as the "law on prevention of money laundering";

2) rules of risk management: risk assessment rules), in particular the risk of loss of liquidity in case of credit referred to in article 2. paragraph 74. 3 or, in the case of the conduct of other business in addition to the provision of payment services, b) risk identification procedures, its measurement, assessment, monitoring, and risk communication, and risk mitigation procedures;

3) internal control including: a), (b) internal audit) examination of compliance of the activities of the law, the provisions of the prevention of money laundering and the financing of terrorism as well as the internal regulations;

4) Description: a) the rules of conduct with cash adopted from users in order to carry out payment transactions in accordance with article 4. 78, b) procedures for examining complaints from users, c) system of internal communication.

2. Organisational, referred to in paragraph 1. 1, paragraph 1, should be taken into account, in particular in the description referred to in paragraph 1. 1 point 4.

3. Internal control referred to in paragraph 1. 1, paragraph 3, shall include, in particular, the procedures for the control of execution of payment transactions, as well as control for agents of the national payment institution and of the entities entrusted with the execution of certain operations.

4. Payment institution shall verify on a regular basis and periodically assesses the operation of the risk management system and internal control. ";

32) in the article. 65: a) 1-3 shall be replaced by the following: "1) the applicant or the person referred to in article 1. paragraph 61. 1 paragraph 8, does not give a warranty of a prudent and sustainable management of the credit institution, 2), the applicant does not have the initial capital or financial resources for own funds in the amount required by law) the system of internal control and risk management, as referred to in article 1. 64 paragraph 1. 1, paragraph 3, does not provide a prudent and stable management of the activities covered by the application for authorisation and the proper fulfilment of obligations related to combating money laundering and financing of terrorism ", b) point 5 shall be replaced by the following:" 5) a financial plan or program for national capacity does not provide a payment institution to carry out the obligations arising from activities covered by the application for authorisation, ", 33) in the article. paragraph 68. 1 and 2 are replaced by the following: "1. where the activities of payment institutions in the field of hybrid non-custodial on the provision of payment services or the issuance of electronic money affect or may adversely affect the financial stability of the payment institution or could restrict the ability to exercise supervision, the FSC may, by decision, require the payment institution and organizational legal hybrid designation for payment services and the issue of electronic money by creating a new entity who will lead these activities.

2. The decision referred to in paragraph 1. 1, the FSC: 1) defines the term to create a new entity that will be established in the field of payment services or the issuing of electronic money of not less than 3 months;

2) may prescribe the conditions about how to extract a payment service activities or in respect of the issuance of electronic money. ";

34) in the article. 69: a) in paragraphs 1 and 2. 1 point 4 shall be replaced by the following: ' 4) the paying authority, continuing the activities in the field of payment services or the issuing of electronic money would constitute a threat to the stability of the payment system ", b) paragraphs 1 and 2. 3 shall be replaced by the following: "3. If required by the interests of users or electronic money holders, the decision to withdraw the authorisation of the FSC may determine the term and conditions of desupport for payment or the issue of electronic money by paying authority.";

35) after the article. 73 article added. 73A-73e shall be inserted: ' Article. 73A. National payment institution holds initial capital of not less than the equivalent in Polish currency the amount of 125 000 euro shall be entitled to issue electronic money. National payment institution issuing electronic money may also provide services closely related to it.

2. the national payment institution may issue electronic money solely on the territory of the Republic of Poland.

3. the national payment institution shall transmit to the FSC, in written form, notice of the intention to carry out the activity of issuing electronic money, along with: 1) the application for entry in the register information about the issuing of electronic money;

2) complementary to the programme of activities and the financial plan referred to in article 2. paragraph 61. 1, paragraph 4, of the information about the planned average outstanding electronic money in circulation in the period to the end of the period covered by the programme; This information is also in the business and financial plans for the next periods.

4. The average outstanding electronic money in circulation issued by the national credit institution calculated on a calendar month shall not exceed the equivalent in the currency of the Polish euro 5 0000 0000 amount determined by applying the average exchange rate announced by the NBP in force on the last day of the month preceding the month. In the case of national payment institutions starting the activity of issuing electronic money during the first 6 months of her pursuit of this value shall be calculated on the basis of the average outstanding electronic money in circulation referred to in the business and financial plan in accordance with paragraph 1. 3, and resulting from the issuance of electronic money.

5. where the national payment institution carries on its activities in the field of payment services which are not related to the issue of electronic money or activities referred to in article 1. paragraph 74. 1 and 3, and the value of the outstanding electronic money in circulation is not known in advance, the FSC agrees to its calculation on the basis of a representative part of the financial obligations, if it considers that such a representative part of the financial obligations can be estimated on the basis of existing data.

Article. 73b. National payment institution which seems to electronic money, shall provide information about the FSC-1) average outstanding electronic money in circulation – not later than the 15th day of each month, on which is fixed;

2) the total value of outstanding electronic money in circulation, issued by that institution, as at 31 December of each calendar year – within 31 January of the following year.


2. In the event of a breach of the obligation referred to in paragraph 1. 1, paragraph 1, if the remaining amount in circulation of electronic money exceeds the amount referred to in article 12(2). paragraphs 73A. 4, the FSC may impose on the national institution of the penalty payment in the amount not exceeding $ 500 for each day of delay, not more than 100 000 zł; the provisions of article 4. paragraph 105. 2, 4 and 5 and article. 116 shall apply mutatis mutandis.

Article. 73c. 1. In case the amount referred to in article 14(2). paragraphs 73A. 4, the national payment institution loses its entitlement to the issuing of electronic money on the expiry of 30 days from the last day of the period in which the overrun unless, within that period, adjusted the size of the business of issuing electronic money requirement referred to in article 2. paragraphs 73A. 4. If, within the period referred to in paragraph 1. 1, the national payment institution requests authorization to operate as a national electronic money institutions referred to in article 2. 132a paragraph 1. 1, the provisions of paragraph 1. 1 does not apply to time resolve the request. National payment institution is obliged, however, to adjust the size of the business of issuing electronic money requirement referred to in article 2. paragraphs 73A. 4, within 3 months from the end of the period during which there has been overrun. In the case of refusal of the authorisation referred to in article 2. 132a paragraph 1. 1, or dismiss the proceedings, the date of the loss of the power to issue electronic money, referred to in paragraph 1. 1, runs from the date on which the decision to refuse the authorisation referred to in article 2. 132a paragraph 1. 1, or for redemption of the proceedings has become final.

3. The loss by paying authority the power to issue electronic money does not affect the execution of its obligations and responsibilities related to the previously issued electronic money.

Article. 73d national payment institution shall be responsible for the protection of cash received in Exchange for electronic money issued by the principles referred to in article 1. 132n. the provisions pursuant to article 114. 132o and the provisions of article 4. 132 p shall apply mutatis mutandis.

Article. 73e. the number of the European Commission informs the FINANCIAL institutions issuing electronic money payment and the total value of outstanding electronic money in circulation, issued by these institutions as at 31 December of each calendar year. ";

36) in the article. 74: a) in paragraphs 1 and 2. 1 Introduction to the calculation of shall be replaced by the following: "national payment institution might also:", b) paragraphs 1 and 2. 2 shall be replaced by the following: "2. the provision by the national currency conversion services paying authority within the framework of the execution of the payment transaction or the issue of electronic money does not constitute a business within the meaning of article kantorowej. 2 paragraph 1. 1 section 19 of the Act of 27 July 2002-Exchange Law (Dz. u. of 2012 item 826). ", in paragraph 1 (c)). 3 introduction to the calculation of shall be replaced by the following: "in connection with the performance of the domestic payment services payment institution can grant loans for the execution of a payment transaction (credit payments) exclusively for the provision of payment services, referred to in article 1. 3 paragraphs 1 and 2. 1 point 3 – 5 and 7, and under the condition that this loan is not granted ";

37) article. 75 shall be replaced by the following: ' article 1. 75. the national payment institution shall keep the documents related to the provision of payment services and carried out activities in the field of issuing electronic money for at least five years from the date of their manufacture or receive. ";

38) in the article. 76: a) in paragraphs 1 and 2. 2:-paragraph 2 shall be replaced by the following: "(2)), revaluation of property, plant and equipment", in point 3, the period is replaced by a semi-colon and the following point 4 is added: ' 4) profit during the approval and the net profit of the current reporting period, calculated in accordance with the rules of accounting, less any predicted load and dividends in amounts no greater than the profit figures verified by the Auditors. " , b) after paragraph 1. 3 paragraph 2 shall be added. 3A shall be inserted: ' 3a. The share of non-cash means of financial resources to cover the own funds of the payment institution national may not exceed 20%. ";

39) in the article. in paragraph 77. 1 paragraph 1 shall be replaced by the following: "1) belongs to the same group as another payment institution national bank, foreign bank branch, a branch of a credit institution, the national electronic money institution, a branch of foreign electronic money institutions, investment firm, asset management entity or the insurance company,";

40) in the article. 78: a) of paragraph 1. 3 shall be replaced by the following: "3. the contract of a bank guarantee or insurance or the insurance contract includes return by the guarantor or insurance payments made by users in the event of non-performance or improper performance of the payment transaction resulting from the agreement for the provision of payment services by paying authority, up to the amount of the payment.", b) paragraphs 1 and 2. 5 shall be replaced by the following: "5. the national payment institution which administers the requirements referred to in paragraph 1. 2 shall be submitted to the FSC documents confirming the conclusion of another agreement guarantees or insurance, covering the entire period of activity, before the expiry of the term of the contract. ";

41) in the article. 80 (2). 1 and 2 are replaced by the following: "1. in the event of enforcement proceedings against national payment institution cash on payment accounts and the accounts referred to in article 1. paragraph 78. 1, are free from classes on the basis of judicial or administrative enforcement.

2. in the event of bankruptcy of the national credit institutions cash on payment accounts and the accounts referred to in article 1. paragraph 78. 1, is excluded from bankruptcy. "

42) in the article. 83 in paragraph 1. 1 paragraph 1 shall be replaced by the following: "1) value of funds;";

43) in the article. 84 after paragraph 1. 1, the following paragraph. 1a shall be inserted: ' 1a. National payment institution may make the redemption of electronic money through agents or other entrepreneurs. ";

44) in the article. 86: a) of paragraph 1. 1 shall be replaced by the following: "1. the national payment institution may, on the basis of a contract concluded in writing with another trader, entrust ago entrepreneurs performing certain operations related to the provision of payment services or activities in the field of issuing electronic money.", b) paragraphs 1 and 2. 4 shall be replaced by the following: "4. the operational Function shall be regarded as material if its non-performance or improper performance could seriously threaten the continuity of the fulfilment by a national institution, subject to the requirements of payment authorisation, or perform other obligations imposed on the paying authority by law, or undermine its financial performance, reliability or continuity of its payment services or carry out the activity of issuing electronic money." in paragraph 1, c). 6, point 1 shall be replaced by the following: "1) lead to the cessation of the actual payment services or carry out the activity of issuing electronic money by paying authority;";

45) in the article. 88: a) of paragraph 1. 1 shall be replaced by the following: "1. the national payment institution in providing payment services and enforcement activities in regard to the issuing of electronic money shall be liable to users or electronic money holders for the actions of its agents and other operators, through which provides payment services or the redemption of electronic money, and entities engaged in operational activities on the basis of an agreement referred to in article 14(2). paragraph 86. 1, as for his own actions. ", b) paragraphs 1 and 2. 3 shall be replaced by the following: "3. The liability of the agent and other entrepreneurs, through which the national payment institution provides the payment service or the redemption of electronic money and the executing principal operational activities on the basis of an agreement referred to in article 14(2). paragraph 86. 1, to the national payment institution for damage caused to users or electronic money holders as a result of failure to perform or improper performance of the contract referred to in article 14(2). paragraph 84. 2, of the agreement, on the basis of which another entrepreneur makes the redemption of electronic money, or of the agreement referred to in article 1. paragraph 86. 1, you cannot exclude or limit. ";

46) art. 89 shall be replaced by the following: ' article 1. 89. the national payment institutions shall ensure that branches through which they operate, as well as agents and other entrepreneurs through which provide payment services or the redemption of electronic money shall be informed in a fair or electronic money holders thereof. ";

47) article. 98 adds. 98A: "Art. 21. In the case of the provision by the EU paying authority currency conversion services within the framework of the implementation of the payment transaction or the issue of electronic money article. paragraph 74. 2 shall apply mutatis mutandis. ";

48) in the article. 99: a) of paragraph 1. 1 shall be replaced by the following: "1. Activities in the field of payment services and the issue of electronic money shall be conducted by the national credit institutions, including their agents, and other entrepreneurs, through which the national payment institution provides the payment service or the redemption of electronic money, and performing some operation on the basis of an agreement referred to in article 14(2). paragraph 86. 1, shall be subject to supervision by the FSC, to the extent and on the terms set out in this Act and in the Act on the supervision of the financial market, hereinafter referred to as "supervision."


(b)) in paragraphs 1 and 2. 2, points 2 and 3 shall be replaced by the following: "2) ensure that the activities of national institutions, including by their agents and other operators, through which the national payment institution provides the payment service or the redemption of electronic money, and performing some operation on the basis of an agreement referred to in article 14(2). paragraph 86. 1, with the provisions of the Act, a regulation of the European Parliament and of the Council (EC) no 924/2009 of the Council of 16 September 2009 on cross-border payments in the community and repealing Regulation (EC) No 2560/2001 of the European Parliament and of the Council and Regulation (EU) no 260/2012 of 14 March 2012 setting out the technical and commercial requirements with regard to credit transfers and direct debits in euro and amending Regulation (EC) no 924/2009 and authorisation referred to in article 2. 60 paragraph 1. 1;

3) to protect the interests of users and holders of electronic money. ";

49) in the article. 100: a) point 2 shall be replaced by the following: "2) examination of the quality of the management of the National Bank, including risk management system and internal control." b paragraph 3 shall be repealed);

50) in the article. 102: a) in paragraphs 1 and 2. 1. in point 3:-(a). (a) shall be replaced by the following: "(a)) ensure compliance with the provisions of the credit institutions domestic business law, regulation of the European Parliament and of the Council (EC) no 924/2009 of the Council of 16 September 2009 on cross-border payments in the community and repealing Regulation (EC) No 2560/2001 of the European Parliament and of the Council and Regulation (EU) no 260/2012 of 14 March 2012 setting out the technical and commercial requirements with regard to credit transfers and direct debits in euro and amending Regulation (EC) no 924/2009 '-(a). (e) shall be replaced by the following: "(e)) take the necessary measures to prevent infringements of the interests of users or electronic money holders;", b) paragraphs 1 and 2. 2 shall be replaced by the following: "2. The FSC may issue recommendations on good practices a prudent and stable management of national payment institutions, bearing in mind the protection of the interests of users or electronic money holders. ';

51) in the article. in paragraph 105. 1 Introduction to the calculation of shall be replaced by the following: "in the event of a finding that the domestic payment institution does not perform or improperly performs the obligation of information referred to in article 2. 102 paragraph 1. 1, paragraph 1, or the transmission of data referred to in article 2. 102 paragraph 1. 1 point 2, has not exercised within the time limits of the recommendations referred to in article 1. 102 paragraph 1. 1, paragraph 3, makes it difficult or impossible to carry out the checks referred to in article 14(2). 103, or does not carry out the orders referred to in article 1. 102 paragraph 1. 1 points 4 and 5, and also when the national activities of the payment institution is executed in violation of the law or threatens the interests of users or electronic money holders, the FSC may: ";

52) in the article. 113 paragraph 1. 2 and 3 are replaced by the following: "2. for national payment transactions payment institutions providing payment service only, referred to in article 14(2). 3 paragraphs 1 and 2. 1, paragraph 6, or payment service, referred to in article 14(2). 3 paragraphs 1 and 2. 1, paragraph 7, shall apply the rate not exceeding 0,05%.

3. payment transactions performed using payment instruments issued under the payment services referred to in article 14(2). 3 paragraphs 1 and 2. 1, paragraph 4, or to payment transactions carried out within the framework of the payment services referred to in article 14(2). 3 paragraphs 1 and 2. 1, paragraph 5, shall apply the rate not exceeding 0.0025% regardless of whether the supplier carries out payment account for the user, and the type and number of steps taken by the supplier in order to carry out the transaction. ';

53) in the article. paragraph 118. 1 shall be replaced by the following: "1. Activities in the field of payment services in the nature of the payment service Office is controlled within the meaning of the provisions of the Act on freedom of economic activity."

54) article. 119 shall be replaced by the following: ' article 1. 119. Activities in the field of payment services in the nature of the Office of the payment service can be performed after a obtaining registration offices payment services. ";

55) in the article. 125: a) of paragraph 1. 3 shall be replaced by the following: "3. the contract of a bank guarantee or insurance or the insurance contract includes return by the guarantor or insurance payments made by users in the event of non-performance or improper performance of the payment transaction resulting from the agreement for the provision of payment services by the Office of the payment service, up to the amount of the payment.", b) paragraphs 1 and 2. 6 shall be replaced by the following: "6. payment services is required to submit a document confirming the conclusion of the contract the first FSC bank guarantee or insurance, or the first of the insurance contract, within 7 days from the date of the conclusion of such an agreement, and then submitted to the FSC documents confirming the conclusion of any further agreement of a bank guarantee or insurance or the insurance contract before the expiry of the previous agreement, within 7 days from the date of its conclusion." , c) after paragraph 1. 8 paragraph 1 is added. 8A is inserted: "8a. The proper Minister of financial institutions shall determine, by regulation, specimens of the forms of the agreement the bank guarantee and warranty insurance, referred to in paragraph 1. 2, driven by the need to take into account the essential elements of the agreement. ";

56) after section VII Division VIIa is inserted: "Division VIIa electronic money institutions and foreign branches of electronic money institutions Article. 132a. The issuance of electronic money and payment service in the capacity of the national electronic money institutions shall be subject to the authorisation of the FSC.

2. The authorisation referred to in paragraph 1. 1, may be issued to a legal person established in the territory of the Republic of Poland, at the latter's request.

3. The application for authorisation referred to in paragraph 1. 1, shall apply mutatis mutandis article. paragraph 61. 1 and rules pursuant to article 114. paragraph 61. 3, except that in the business and financial plan also gives information about the planned average outstanding electronic money in circulation.

4. The applicant and the national electronic money institutions article. paragraph 61. 2 shall apply mutatis mutandis.

Article. 132b. 1. The authorisation referred to in article 2. 132a paragraph 1. 1, may be issued to entities with an initial capital of at least equivalent in Polish currency the amount of 350 000 euros fixed by applying the average exchange rate NBP opened on the day of issue of the permit.

2. the provisions of article 3. 64 paragraph 1. 1 point 2-4 and paragraphs 1 and 2. 3 and art. 64A shall apply mutatis mutandis, except that the risk management system and internal control referred to in article 2. 64 paragraph 1. 1, paragraph 3, contains a description of the rules of conduct with the cash that received in Exchange for electronic money issued in accordance with article 4. 132n and complaints procedures description of electronic money holders.

3. To refuse the authorisation referred to in article 1. 132a paragraph 1. 1, change the payment services referred to in the permit, the expiry of the authorisation in relation to the nieprowadzeniem or nierozpoczęciem of the activities covered by this authorisation and to the withdrawal of authorisation, as well as to proceedings for issue, amendment, expiry and withdrawal of authorisation shall apply mutatis mutandis the provisions of article 4. 61A-63, art. 65-67. 69-71.

4. the authorisation referred to in article 2. 132a paragraph 1. 1, is in addition to the organizational entity designed to serve the protection of cash received in Exchange for electronic money issued in accordance with article 4. 132n. 5. The FSC may withdraw the authorisation referred to in article 2. 132a paragraph 1. 1, also if the electronic money institution, which does not apply the rules for the protection of cash received in Exchange for electronic money issued, referred to in article 1. paragraph 132n. 1, is not concluded within the period of the contract of a bank guarantee or insurance policy or contract of insurance, referred to in article 14(2). paragraph 78. 2, in accordance with article 4. paragraph 132n. 2. c 1. An entity which intends to directly or indirectly purchase or cover the stocks or shares of the national electronic money institutions in ensuring the achievement of or exceeding of respectively 10%, 20%, 30% or 50% of the total number of votes in the body which forms or participate in capital, or if as a result of the purchase or subscribe for shares or shares in the institution that would become a subsidiary or interconnected that the principal is required to notify each FSC about this intention.

2. in the case referred to in paragraph 1. 1, the provisions of article 4. 25 paragraph 1. 2, 3 and 7-9. 25A, paragraph 1. 1 and 2, art. 25 c-25e. 25 g of the Act-the right bank shall apply mutatis mutandis, except that the provisions relating to the parent undertaking, its subsidiary or dependent arising, referred to in those provisions shall apply to the parent undertaking, subsidiary or interdependent.

3. where an entity comprising the notification referred to in paragraph 1. 1:1) an electronic money institution of the EU, the EU paying institution, an insurance undertaking, a reinsurance undertaking, a credit institution, investment firm or management company authorised to do business in the territory of a Member State other than the Republic of Poland or 2) the parent undertaking or the entity in a similar relation to electronic money institutions of the EU, EU paying authority, of an insurance undertaking, a reinsurance undertaking, a credit institution, investment firm or management company authorised to do business in the territory of a Member State other than the Republic of Poland


-presents in the notice adequate information in this regard, indicating in particular the name and headquarters of the entities referred to in point 2, which is the parent undertaking or the entity in a similar relationship.

4. If there are circumstances set out in paragraph 2. 3 (1) and (2), the notice contains a statement in this regard.

5. a person who proposes to dispose, directly or indirectly, of a qualifying holding or the national interests of electronic money institutions, or dispose of shares or shares, with the result that there would be a decrease of less than 10%, 20%, 30% or 50% of its share in the total number of votes in the body which forms or participate in capital, is obliged to notify this intention to the FSC. In cases where the Statute of the national electronic money institutions provides for preferential rights or limit the shares as to voting rights, the notice should also include participation in the share capital in the amount corresponding to those referred to in the first sentence, and the corresponding number of votes without privileges and restrictions; the provisions of article 4. 25 paragraph 1. 2, 3 and 7 of the Act-the right bank shall apply mutatis mutandis.

Article. 132d. 1. The entity comprising the notification referred to in article 2. c paragraph 1. 1, shall, together with the notice information: 1) permitting the identification of those submitting the notification and the establishment of the identity of the managers of its business, and those provided for to become managers of national electronic money institutions-unless the entity comprising communication plans to change in this respect;

2) referred to in article 1. paragraph 61. 1, paragraph 9 (b). (b) and (c) relating to the applicant entity notification and of the persons referred to in point 1;

3) allowing the identification of the national electronic money institutions referred to in article 14(2). c paragraph 1. 1;

4) for economic or professional activity of the registered entity comprising the notification and of the persons referred to in paragraph 1 and, in particular, the subject of this activity, the extent and location of its conduct and its progress to date, as well as education held by the entity comprising the notice, which is a natural person, and the person referred to in paragraph 1;

5) concerning the Group of which the entity comprising advice, and in particular its structure, belonging to it and the legal and actual capital personal and financial links with other actors;

6) on the situation of economic and financial-of those submitting advice;

7) concerning efforts to acquire or subscribe for shares or interest in ensuring the achievement of or exceeding the levels referred to in article 1. c paragraph 1. 1, or getting the parent's position to national electronic money institutions and, in particular, the participation of the target in the total number of votes in the body which is the national electronic money institutions related to the participation, entitlements and funding sources acquire or subscribe for shares or shares in connection with these actions and agreements in consultation with other actors;

8) concerning the intentions of those submitting the notice in relation to the future of the national activities of electronic money institutions, in particular in the field of marketing plans, operational, financial, and concerning the Organization and management;

9) on possible liabilities of those submitting advice to the extent prudent and sustainable national management of electronic money.

2. Information on the qualifications and professional experience, as well as the information referred to in article 1. paragraph 61. 1, paragraph 9 (b). (b) and (c) shall not be required in respect of those submitting advice and his business managers, if the person who submits the notice is a National Bank, credit institution, credit institution, e-money institution, an insurance undertaking, a reinsurance undertaking, the brokerage house, investment firm or management company authorised to carry out activities in a Member State, in so far as this circumstance shall be indicated in the notice.

3. The proper Minister of financial institutions shall determine, by regulation, documents to be attached to the notice to submit the information referred to in paragraph 2. 1, with a view to ensuring the proportionality of the required information, depending on the intended effect of those submitting advice to manage national e-money.

Article. 132e. 1. The FSC report, by a decision, an objection to acquire or subscribe for shares or the shares of the national electronic money institutions indicated in the notice referred to in article 2. c paragraph 1. 1:1) an entity comprising a notice not completed within the prescribed period the deficiencies in the notice or documents and information attached to the notice, 2) entity comprising a notice has not surrendered within the additional information or documents requested by the FSC, 3) it is justified by the need to a prudent and stable management of the national electronic money, in view of the possible adverse effects of those submitting advice to the institution, or in view of the assessment of the financial position of the entity making the communication-with the provisions of article 4. 25h paragraph 1. 2 and 4-6 and art. 25i-25 k law-banking shall apply mutatis mutandis.

2. the assessment referred to in paragraph 1. 1, paragraph 3, the FSC also takes into account the commitments of those submitting the notification referred to in article 1. paragraph 1, 132d. 1, paragraph 9.

3. in the case of a purchase or subscribe for shares or shares: 1) in violation of article 86. c paragraph 1. 1 or 2) in spite of opposition by the FSC declaration referred to in paragraph 1. 1 or 3) before the expiry of the period of entitlement to the FSC an objection referred to in paragraph 1. 1 or 4) set by the FSC date referred to in article 1. 25h paragraph 1. 5 Act-Bank law, the acquisition of the shares within the scope defined in article 1. c paragraph 1. 1-cannot be exercised the right to vote those shares.

4. If the result of the purchase or subscribe for shares in the cases referred to in paragraph 1. 3, is the exercise of the powers of the parent national institution of electronic money, electronic money institution national managers appointed by the parent or which are members of the Board of Directors, prokurentami or persons with managerial functions in the parent may not participate in activities from the scope of the national representation of electronic money institutions; in the case where it is not possible to determine which management have been set up by the parent undertaking, establishment of the body responsible for the management of the national e-money is void from the date of obtaining the permission of the parent entity of the national electronic money institutions.

5. Resolutions of the founding authority national electronic money institutions taken in contravention of paragraph 1. 3 are void, unless they meet the requirements of a quorum and a majority of the votes cast without taking into account the votes invalid. In the cases referred to in paragraph 1. 3, the right of action for annulment of the decisions of the authority which is a national electronic money institutions shall also apply in the FSC. The provisions of article 4. 425 of the Act of September 15, 2000-the code of commercial companies shall apply mutatis mutandis.

6. in the case referred to in paragraph 1. 3 or 4, the FSC may, by decision, require the divestment of the shares of the national electronic money institutions within the prescribed period.

7. If the shares or the shares are not disposed of within the period referred to in paragraph 1. 6, the FSC may impose on a shareholder or shareholder of the national electronic money institutions penalty up to $ 1 0000 0000, or withdraw the authorisation referred to in article 2. 132a paragraph 1. 1. the imposition of penalties. paragraph 105. 2, 4 and 5 and article. 116 shall apply mutatis mutandis.

8. where required by the interests of users or electronic money holders, (a) the applicant demonstrates that there is no condition referred to in paragraph 1. 1, paragraph 3, the FSC may, in exceptional cases, by a decision taken at the request of the shareholder, shareholder or of the parent national electronic money institutions, repeal the prohibitions referred to in paragraph 1. 3 or 4. The application the applicant appends the information referred to in article 1. paragraph 1, 132d. 1. 132f. If this is justified by the need for a prudent and stable management of the national electronic money, in view of the assessment of the financial position of the entity, directly or indirectly, the exercise of the right to vote in her body which forms at the levels referred to in article 1. c paragraph 1. 1 either, as a result of the purchase or subscribe for shares or shares, became directly or indirectly the parent national electronic money institutions, or because of the possible impact of this entity at the institution, and in particular where it is found that the failure the commitments referred to in article 1. paragraph 1, 132d. 1, paragraph 9, the FSC may, by decision, prohibit the exercise of voting rights of the shares of the national electronic money institutions owned by the operator or the exercise of powers of the parent exercising 1 hour ago. When assessing the conditions for the issue of the prohibition of the provision of article. 132e paragraph 1. 2. 25h paragraph 1. 2 Act-Bank Law shall apply mutatis mutandis.


2. the Resolution of the authority which is a national electronic money institutions is void, if it was done with the right to vote the shares in respect of which the FSC issued the decision referred to in paragraph 1. 1, unless the resolution meets the requirements of a quorum and a majority of the votes cast without taking into account the votes invalid. The right of action for annulment of the resolution shall also apply in the FSC. The provisions of article 4. 425 of the Act of September 15, 2000-the code of commercial companies shall apply mutatis mutandis.

3. If the FSC issued pursuant to paragraph 2. 1 decide on the prohibition of the exercise of powers of the parent national electronic money institutions, the provision of art. 132e paragraph 1. 4 shall apply mutatis mutandis.

4. in the case of a decision referred to in paragraph 1. 1, the FSC may, by decision, require the divestment of the shares of the national electronic money institutions within the prescribed period.

5. If the shares or the shares are not disposed of within the period referred to in paragraph 1. 4, the FSC may impose on a shareholder or shareholder of the national electronic money institutions penalty up to $ 1 0000 0000, or withdraw the authorisation referred to in article 2. 132a paragraph 1. 1. the imposition of penalties. paragraph 105. 2, 4 and 5 and article. 116 shall apply mutatis mutandis.

6. at the request of the shareholder, shareholder or of the parent national electronic money institutions KNF repeals decision issued on the basis of paragraph 1. 1, if you stopped the circumstances justifying the release of this decision.

7. the provisions of paragraphs 1 and 2. 1-6 shall apply mutatis mutandis in the case where two or more entities working in the agreement, which is subject to the exercise of voting rights of the shares at the levels referred to in article 1. c paragraph 1. 1 or the exercise of the powers of the parent.

Article. 132g. 1. If the hybrid business of electronic money institutions in respect of the issuance of non-custodial or electronic money payment services affect or may adversely affect the financial stability of the institution or could restrict the ability to exercise supervision, the FSC may, by decision, order the hybrid electronic money institutions legal and organisational separation of the business of electronic money for payment or the provision of services by creating a new entity that will lead this activity.

2. The decision referred to in paragraph 1. 1, the FSC: 1) defines the term to create a new entity that will lead the activity of issuing electronic money and payment services, not less than 3 months;

2) may prescribe the conditions about how to separate the activity of issuing electronic money and the provision of payment services.

3. To an entity created in the execution of the decision referred to in paragraph 1. 1, and hybrid electronic money institutions. paragraph 68. 3-5 shall apply by analogy.

4. The authorisation referred to in article 2. 132a paragraph 1. 1, a hybrid electronic money institutions is passed on to an entity created in the execution of the decision referred to in paragraph 1. 1, after the expiry of one month from the date of receipt of the notice by the FSC for the entry of an entity created in the execution of the decision referred to in paragraph 1. 1 to register or complement this notice unless, within that period, the FSC will report an objection to this.

5. The FSC by decision: 1) raises an objection referred to in paragraph 1. 4 If there are grounds which would justify the refusal of authorisation referred to in article 1. 132a paragraph 1. 1, the company set up in implementation of the decision referred to in paragraph 1. 1, as referred to in article 1. 65;

2) may object, referred to in paragraph 1. 4, where the conditions referred to in paragraph 1 have not been met. 2 (2).

6. From the date of passing the authorization referred to in article 2. 132a paragraph 1. 1, an entity created in the execution of the decision referred to in paragraph 1. 1, joins in the rights and obligations of the hybrid electronic money institutions in respect of the activities covered by this authorisation.

7. The authorisation referred to in article 2. 132a paragraph 1. 1, a hybrid electronic money institutions shall expire: 1) in the case of failure of the decision referred to in paragraph 1. 1 – with the expiry of the period referred to in paragraph 1. 2, paragraph 1;

2) on the expiry of 3 months from the date on which the decision on the objection referred to in paragraph 1. 4, became final.

8. The provisions of article 4. paragraph 68. 10 and 11 shall apply mutatis mutandis.

Article. 132h. In the event of the merger or Division of electronic money institutions or acquisition of its business, the authorisation referred to in article 2. 132a paragraph 1. 1, does not pass on the transferee entity or the newly created resulting from the merger or Division or to the purchaser.

Article. 132i. information about electronic money institutions and the activities in respect of the issuance of electronic money or provided by it, payment services, including advertising, published by the electronic money institution, on behalf of the electronic money institution or to electronic money institutions, should be presented in a way that is fair and understandable.

Article. 132j. 1. Electronic money institution in addition to the activity of issuing electronic money and payment services: 1) provide services closely related to the issue of electronic money and the provision of payment services, such as: a) currency exchange services, b) services ensure the safekeeping of funds in order to carry out the payment transaction, c) storage and processing of data;

2) lead payment systems;

3) lead to other economic activities.

2. an electronic money institution to provide currency conversion services under the electronic money issuance or execution of a payment transaction is not a business within the meaning of article kantorowej. 2 paragraph 1. 1 section 19 of the Act of July 27, 2002, Foreign Exchange Law.

3. In connection with the performance of payment services, electronic money institution may provide loan payments referred to in article 2. paragraph 74. 3, for the sole purpose of providing payment services referred to in article 1. 3 paragraphs 1 and 2. 1 point 3 – 5 and 7, and provided that the credit is not granted: 1) for a period of more than 12 months;

2) funds received or held for the purpose of the implementation of the payment transaction.

Article. 132k. If the electronic money institution provides payment services, which is issued by the electronic money institution, these services, for the purpose of calculating own funds and contributions to cover the costs of the supervision shall be regarded as the activity of issuing electronic money.

Article. 132l. the national electronic money institution shall store documents related to the activities in the field of issuing electronic money, or to the provision of payment services for a period of at least five years from the date of their manufacture or receipt.

Article. 132 m. National electronic money institution shall have at all times own funds tailored to the size of the business in terms of the issue of electronic money and payment services and payment services, which may provide the basis of an authorisation; the provisions of article 4. paragraph 76. 2 and 3 and article. paragraph 77. 1 shall apply mutatis mutandis.

2. the amount of the own funds of the electronic money institution national may not be lower, respectively, than the higher of the values: 1) minimum initial capital;

2) minimum own funds representing the sum of: a) the amount of own funds for the activity of issuing electronic money, (b)) of the amount of own funds for activities in the field of payment services which are not related to the issue of electronic money calculated in accordance with the regulations issued on the basis of paragraph 1. 7.3. In the case where the national electronic money institution grants credit payments referred to in article 2. paragraph 74. 3, the requirement referred to in paragraph 1. 2 increases by 5% of the total value of the loans granted during the last financial year.

4. the amount of the own funds of electronic money institutions national referred to in paragraph 1. 2 paragraph 2 (a). and may not be less than 2% of the average outstanding electronic money in circulation.

5. where the national electronic money institution carries out activities in the field of payment services which are not related to the issue of electronic money or activities referred to in article 1. paragraph 132j 1 and 3, and the value of the outstanding electronic money in circulation is not known in advance, the FSC consents to the calculation of the amount of the own funds of electronic money institutions national referred to in paragraph 1. 2 paragraph 2 (a). and, on the basis of a representative part of the financial obligations, if it considers that such a representative part of the financial obligations can be estimated on the basis of existing data.

6. in the case of national electronic money institutions start-ups during the first 6 months of its carrying amount of own funds referred to in paragraph 1. 2 paragraph 2 (a). (a), shall be calculated on the basis of the average outstanding electronic money in circulation referred to in the programme of activities and the financial plan, in accordance with article 4. 132a paragraph 1. 3, and resulting from the issuance of electronic money.


7. The proper Minister of financial institutions, after consulting the KNF, shall determine, by regulation, the method of calculating the amount referred to in paragraph 1. 2 paragraph 2 (a). (b) taking into account that it does not exceed 4% of one-twelfth of the total value of payment transactions made over the last year by the national institution of electronic money, and taking into account the kind of payment services it may provide on the basis of the existing authorisation.

8. The FSC may by decision, on the basis of a risk analysis and assessment of the risk management processes and internal control mechanisms of the national electronic money institutions: 1) require national electronic money institutions to increase the amount of own funds, however, to a height of not more than 120% of the amount that would be the sum of the amounts calculated in accordance with paragraph 1. 4-6 and in accordance with the regulations issued on the basis of paragraph 1. (7);

2) allow the national electronic money institutions to reduce the amount of own funds, however, to a height of not less than 80% of the amount that would be the sum of the amounts calculated in accordance with paragraph 1. 4-6 and in accordance with the regulations issued on the basis of paragraph 1. 7. 132n. 1. National electronic money institution shall be responsible for the protection of cash received in Exchange for electronic money issued using the following rules: 1) cash received in Exchange for electronic money are not released at any time during storage combined with cash held by the national electronic money institution from another title;

2) cash received in Exchange for electronic money issued are: a) be made on a separate bank account for this purpose in the National Bank, a credit institution or branch of a foreign bank, or (b)) invested in secure, liquid low-risk assets, deposited in a separate account for this purpose.

2. The provisions of paragraph 1. 1 does not apply, if the funds are protected in the manner set out in article 3. paragraph 78. 2; the provisions of article 4. paragraph 78. 3-8 shall apply mutatis mutandis, except that the agreement referred to in article 14(2). paragraph 78. 2, includes a return of contributions made by a party to the agreement on the issuance of electronic money on the issuance of electronic money in the event of any of the corresponding value invests up to thought of electronic money.

3. cash received in Exchange for the issuance of electronic money are protected by no later than 5 working days from the date of bringing the measures at the disposal of electronic money institutions.

4. the national electronic money institution shall immediately inform the FSC of any material changes in the way the protection of cash received in Exchange for electronic money issued.

Article. 132o. The proper Minister of financial institutions, after consulting the KNF, shall determine, by regulation, categories of assets referred to in article 1. paragraph 132n. 1 point 2 (a). (b), and the maximum part of the cash that can be invested in various asset classes, with a view to the proper cash security holders of electronic money, including investment risks associated with these assets.

Article. 132 p. In the event of enforcement proceedings against the national electronic money institutions cash on payment accounts and the accounts referred to in article 1. paragraph 132n. 1, are free from classes on the basis of judicial or administrative enforcement.

2. in the event of bankruptcy of the national electronic money institutions cash on paying accounts users and accounts referred to in article 1. paragraph 132n. 1, is excluded from the bankruptcy.

3. The exemption referred to in paragraph 1. 1 does not include claims for the reimbursement of contributions made by a party to the agreement on the issuance of electronic money on the issuance of electronic money.

Article. 132q. If national electronic money institution carries out activities in the field of payment services, shall be responsible for the protection of the cash received from the users, either directly or through another provider on the execution of payment transactions on the terms laid down for national institutions. The provisions of article 4. 78. 80 and rules pursuant to article 114. 79 shall apply mutatis mutandis.

Article. 132r. the national electronic money institution shall forward the FSC annual financial statements and the annual consolidated financial statements on the principles referred to in article 1. 81, as well as quarterly and annual financial statements and statistical data, including the data referred to in article. paragraph 83. 1 points 1-4 and the information on the nature and extent of the activities referred to in article 14(2). paragraph 132j 1. the provisions of article 3. 82. paragraph 83. 2 and rules pursuant to article 114. paragraph 83. 3 shall apply mutatis mutandis.

Article. 132s. National electronic money institution may provide payment services through agents.

2. the provisions of article 3. paragraph 84. 2, art. 85. 90 shall apply mutatis mutandis.

Article. tape backup 132t. the national electronic money institution may make the redemption of electronic money through agents or other traders.

Article. 132u. national electronic money institutions shall ensure that branches through which they operate, as well as agents and other entrepreneurs through which provide payment services, redeem or maintain distribution of electronic money, electronic money holders fairly to inform users about this fact.

Article. 132v. National electronic money institution may, on the basis of a contract concluded in writing with another trader, entrust ago entrepreneurs performing certain operations related to the business covered by the authorisation referred to in article 2. 132a paragraph 1. 1. the provisions of article 3. paragraph 86. 2-6. paragraph 87. 1 shall apply mutatis mutandis.

2. The FSC by decision instructs the national electronic money institutions to achieve within a set time limit for amendment or termination of the agreement referred to in paragraph 1. 1:1) of the agreement threatens the careful and sustainable management of the electronic money institution;

2) operator who is a party to the contract has required the powers necessary for the performance of this contract.

3. The FSC's decision referred to in paragraph 1. 2, the national electronic money institution may lodge a complaint with the administrative court within 14 days from the date of notification of the decision; Article 5(1). 127 § 3 of the law of 14 June 1960-administrative code of conduct do not apply. Complaint shall not prevent the enforcement of a decision.

4. The FSC may apply the measures referred to in article 1. 132za paragraph 1. 1 and 2, where the national within the electronic money institution does not lead to the modification or termination of the agreement referred to in paragraph 1. 1. 132w. the national electronic money institution for the provision of payment services and the activity of issuing electronic money shall be liable to users or electronic money holders for the actions of its agents and other operators, through which provides payment services or the redemption of electronic money, and entities engaged in operational activities on the basis of an agreement referred to in article 14(2). paragraph 132v. 1, as for his own actions. The provisions of article 4. paragraph 88. 2 and 3 shall apply mutatis mutandis.

Article. 132x. 1. National electronic money institution may, in the territory of another Member State, the issue of electronic money by branch or in the framework of cross-border activity and to perform payment services as a result of the authorisation referred to in article 2. 132a paragraph 1. 1, through the agent, by branch, or in the context of cross-border activities.

2. the national electronic money institution shall notify CFS of the intention to carry out cross-border activities or, in writing, of the intention to issue electronic money in the territory of another Member State through a branch or the provision of payment services in the territory of another Member State through a branch or through an agent, when at the same time, the application for registration of the branch or agent. The provisions of article 4. paragraph 92. 2-5 and article. 93-95 shall apply mutatis mutandis.

3. the national electronic money institution shall notify CFS of the intention to make the redemption of electronic money or operational operations of its distribution in the territory of another Member State through an agent or any other trader. The provisions of article 4. paragraph 92. 3-5. 94 shall apply mutatis mutandis.

4. the notification referred to in paragraph 1. 3, includes: 1) the name of the Member State on whose territory the national electronic money institution wishes to redeem electronic money or perform operational activity of its distribution via an agent or another trader;

2) name (company), and established a national address and electronic money institutions;

3) full name or the name of the (company) an agent or other entrepreneurs and established and address or place of residence and address and the address of the principal place of business;

4) a description of the internal control mechanisms related to combating money laundering and financing of terrorism;

5) the full names of the persons responsible for the management of the business of agent or another trader;

6) an indication of the steps that the national electronic money institution intends to pursue on the territory of the Member State referred to in paragraph 1, via an agent or another trader.


Article. 132y. Eu electronic money institution may perform on the territory of the Republic of Poland, the activity of issuing electronic money through a branch or under the cross-border activities, or to provide payment services through a branch, in the framework of cross-border activity or through the agent, within the scope of the authorisation issued by the competent supervisory authorities. The provisions of article 4. 97. 98 shall apply mutatis mutandis.

Article. 132z. 1. The activity of issuing electronic money and payment services are carried out by the national electronic money institutions, including by their agents and other operators, through which the national electronic money institution provides payment services or the redemption of electronic money, and performing some operation on the basis of an agreement referred to in article 14(2). paragraph 132v. 1, shall be subject to supervision by the FSC, to the extent and on the terms set out in this Act and in the Act on the supervision of the financial market, hereinafter referred to as the "national e-money institutions supervision".

2. the purpose of surveillance of the national e-money institutions is: 1) ensuring national financial security of electronic money institutions;

2) ensure that the activities of electronic money institutions, including those carried out by their agents and other operators, through which the national electronic money institution provides payment services or the redemption of electronic money, and performing some operation on the basis of an agreement referred to in article 14(2). paragraph 132v. 1, with the provisions of the Act, a regulation of the European Parliament and of the Council (EC) no 924/2009 of the Council of 16 September 2009 on cross-border payments in the community and repealing Regulation (EC) No 2560/2001 of the European Parliament and of the Council Regulation (EU) no 260/2012 of 14 March 2012 setting out the technical and commercial requirements with regard to credit transfers and direct debits in euro and amending Regulation (EC) no 924/2009 and authorisation referred to in article 2. 132a paragraph 1. 1;

3) to protect the interests of users and holders of electronic money.

3. To supervise the national e-money institutions shall apply mutatis mutandis the provisions of article 4. 100. 101. 102 paragraph 1. 1 points 1, 2 and 5, art. 103. 104.4. The FSC in the framework of the activities of electronic money institutions, national supervision may: 1) issue of the national electronic money institutions recommendations: a) to ensure compliance for electronic money institutions with the provisions of national law, of a regulation of the European Parliament and of the Council (EC) no 924/2009 of the Council of 16 September 2009 on cross-border payments in the community and repealing Regulation (EC) No 2560/2001 of the European Parliament and of the Council and Regulation (EU) no 260/2012 of 14 March 2012 setting out the technical and commercial requirements with regard to credit transfers and direct debits in euro and amending Regulation (EC) no 924/2009, b) increase of own funds if their height is lower than it would with the provisions of the Act or decision referred to in article 14(2). paragraph 132 m. 8, c) take the measures necessary to achieve and comply with the standards referred to in article 1. 132b paragraph 1. 1. 132 m, d) the development and application of the procedures that will ensure the maintenance and ongoing monitoring of the level of own funds, e) take the necessary measures to prevent infringements of the interests of users and holders of electronic money;

2) order national electronic money institutions withholding profit or withholding of the creation of new organizational units until the standards referred to in article 1. 132b paragraph 1. 1. 132 m. The FSC may issue recommendations on good practices a prudent and stable management of the national e-money institutions, bearing in mind the protection of the interests of holders of electronic money and users.

Article. 132za. 1. In the event of a finding that the domestic electronic money institution does not perform or improperly performs the obligation of information referred to in article 2. 102 paragraph 1. 1, paragraph 1, or the transmission of data referred to in article 2. 102 paragraph 1. 1 point 2, has not exercised within the time limits of the recommendations referred to in article 1. paragraph 132z. 4 paragraph 1, makes it difficult or impossible to carry out the checks referred to in article 14(2). 103, or does not carry out the orders referred to in article 1. paragraph 132z. 4 section 2 or in article 3. 102 paragraph 1. 1 point 5, and also when the national activities of electronic money institutions is carried out in violation of the law or threatens the interests of holders of electronic money or users, the FSC may apply the measures referred to in article 1. paragraph 105. 1 points 1-3. The provisions of article 4. paragraph 105. 4 and 5 shall apply mutatis mutandis.

2. in the cases referred to in paragraph 1. 1, the FSC may also: 1) impose on the managing person directly responsible for the irregularities to the amount of the penalty: gross monthly salary of the person concerned, calculated on the basis of the average gross wage for the last 3 months prior to the imposition of penalties;

2) impose on the national institution of electronic money penalty of up to $ 1 0000 0000;

3) withdraw the authorisation referred to in article 2. 132a paragraph 1. 1; the provisions of article 4. paragraph 105. 4 and 7 shall apply mutatis mutandis.

3. If the disseminated information, as referred to in article 1. 132i, bring, or may be misleading, the FSC may: 1) issue electronic money institutions recommendation referred to in article 2. paragraph 132z. 4 (1) (a). and, for the cessation of their distribution, which does not apply the provisions of paragraph 1. 2 paragraph 3 and to the provisions of article 3. paragraph 105. 1 points 1-3;

2) prescribe, by means of a decision, the announcement of the rectification in the specified form and within the prescribed period; ordering notice rectify the FSC can specify its contents.

4. the penalty referred to in paragraph 1. 2 (1) and (2), the FSC may impose in the event of a failure of the order referred to in paragraph 1. 3 point 2.

5. the penalties referred to in paragraph 1. 2 (1) and (2), the provisions of article 4. paragraph 105. 2, 4 and 5 and article. 116 shall apply mutatis mutandis.

6. The FSC may also suspend action accountable in the case of: 1) presentation to that person the allegations in criminal proceedings or in proceedings for tax offence;

2) cause by this person significant loss of national assets of electronic money institutions.

Article. 132zb. 1. In the case where the EU's electronic money institution or its agent, in carrying out activities in the territory of the Republic of Poland, the Polish law violates, the FSC shall apply the measures referred to in article 1. paragraph 107. 1. the provision of article. paragraph 107. 2 shall apply mutatis mutandis.

2. If the application of surveillance measures by the competent supervisory authorities of the home Member State, the EU's electronic money institution or its agent established on the territory of the Republic of Poland still does not comply with the provisions of the Act, the FSC may apply appropriate measures referred to in article 1. paragraph 105. 1 points 1 and 3, and article 3. 132za paragraph 1. 2 points 1.

3. the provision of paragraphs 1 and 2. 2 shall also apply in cases where: 1) the measures taken by the competent supervisory authorities of the home Member State have proved to be inadequate for such infringement or impossible to use on the territory of the Republic of Poland;

2) the competent supervisory authorities of the home Member State without justification refuse to apply supervisory measures or unreasonably delay with their implementation.

4. Where the application of the procedure referred to in paragraph 1. 1, would result in an excessive delay that directly threaten the important interests of users or electronic money holders the FSC can appropriately apply the measures referred to in article 1. paragraph 105. 1 points 1 and 3 and in article 3. 132za paragraph 1. 2, paragraph 1, bypassing this procedure.

5. The provisions of article 4. paragraph 107. 6-8 shall apply mutatis mutandis.

Article. 132zc. To carry out the supervision of electronic money institutions national provisions art. 108-112 shall apply mutatis mutandis.

Article. 132zd. To reorganisation proceedings and winding-up of the national electronic money institutions and branches of electronic money institutions shall apply mutatis mutandis the provisions of article 4. 142. 145-157e Act-the right bank. The recipe article. 117 paragraph 1. 2 shall apply mutatis mutandis.

Article. 132ze. 1. National electronic money institutions are required to make payments to cover the costs of supervision. Payments are made at the rate of which is the product of determined at 1 January of the current year the arithmetic sum of financial obligations in respect of issued electronic money calculated at the end of each calendar day during the previous twelve calendar months and not exceeding 0.075%.

2. For the purpose of calculating the average referred to in paragraph 1. 1, no account shall be taken of the obligations of the national electronic money institutions arising from the implementation of activities excluded by article. 6, regardless of whether the exemption is dependent on from the provision of other services.

3. the national electronic money institutions providing payment services, regardless of the payment to cover the costs of the supervision referred to in paragraph 1. 1, are required to pay a deposit to cover the costs of the supervision on the principles referred to in article 1. 113. the rules pursuant to article 114. 115 for contributions shall apply mutatis mutandis.

4. payment entitlements referred to in paragraph 1. 1, subject to the execution of the judgments Act provisions in the administration.

Article. 132zf. 1. The fee shall be subject to:


1) Edition and modification of an authorisation referred to in article 2. 132a paragraph 1. 1, except for the case in which a modification of an authorisation is only on limiting the kind of payment services, the provision of which is entitled the national electronic money institution;

2) entry in the register, with the exception of the entry relating to the issuance or amendment of the authorisation referred to in article 2. 132a paragraph 1. 1.2. The fees referred to in paragraph 1. 1, are intended to cover the costs of supervision. The sum of the charges made in a given year by the national electronic money institutions is deducted from the total amount of contributions to cover the cost of supervision of these institutions in accordance with article 4. 132ze; the provisions of article 4. paragraph 114. 2 and 4 shall apply mutatis mutandis.

Article. 132zg. the President of the Council of Ministers shall determine by regulation: 1) time limits for payment, the amount and the method of calculation of the payments referred to in article 1. 132ze paragraph 1. 1, 2) the manner and terms of the settlement payment entitlements referred to in article 1. 132ze paragraph 1. 1, 3) height, way and terms of payment of the fees referred to in article 1. 132zf – having regard to the nature of the Act, which relates to the obligation to pay the fees, and the need to ensure the effectiveness of the activities of electronic money institutions, national supervision, having also regard to the amount of contributions to cover the costs of supervision and fees do not affect in a significant way to increase costs for the operators to pay obowiązanych.

Article. 132zh. 1. Carrying out in the territory of the Republic of Poland, the activity of issuing electronic money through a foreign branch of electronic money institutions shall be subject to the authorisation of the FSC.

2. for foreign branches of electronic money institutions shall apply mutatis mutandis the provisions on domestic electronic money institutions, taking into account article 9. 132zi and article. 132zj. 132zi. 1. Branch of foreign electronic money institutions in addition to the activity of issuing electronic money may also provide a closely linked with the issue of electronic money services.

2. The authorisation referred to in article 2. 132zh paragraph 1. 1, may be issued, if the funds allocated to the operation of the foreign branch of electronic money institutions, extracted from the initial capital of foreign electronic money institutions shall be at least equivalent in Polish currency the amount of 350 000 euros fixed by applying the average exchange rate announced by the NBP in force on the date of issue of the authorisation.

3. the Division of foreign electronic money institutions may, on the basis of the authorisation referred to in article 2. 132zh paragraph 1. 1, carry out the activity of issuing electronic money on the territory of another Member State, including in the framework of cross-border activities.

Article. 132zj. 1. Foreign branches of electronic money institutions are required to make payments to cover the costs of supervision. Payments are made at the rate of which is the product of determined at 1 January of the current year the arithmetic sum of financial obligations in respect of issued electronic money calculated at the end of each calendar day during the previous twelve calendar months and not exceeding 0.075%. The provisions of article 4. 132ze paragraph 1. 2 and 4 shall apply mutatis mutandis.

2. the Fee shall be subject to: 1) and amendment of the authorisation referred to in article 2. 132zh paragraph 1. 1;

2) entry in the register, with the exception of the entry relating to the issuance or amendment of the authorisation referred to in article 2. 132zh paragraph 1. 1.3. The fees referred to in paragraph 1. 2, are intended to cover the costs of supervision. The sum of the charges made in a given year by foreign branches of electronic money institutions is deducted from the total amount of contributions to cover the cost of supervision of these institutions in accordance with paragraph 1. 1; the provisions of article 4. paragraph 114. 2 and 4 shall apply mutatis mutandis.

4. the payments referred to in paragraph 1. 1, and charges referred to in paragraph 1. 2, the rules pursuant to article 114. 132zg shall apply mutatis mutandis.

Article. 132zk. FSC shall notify the European Commission of all permits granted to foreign branches of electronic money institutions ";

57) the title of Chapter VIII shall be replaced by the following: "register of vendors and publishers of electronic money";

58) in the article. paragraph 133. 3 shall be replaced by the following: "3. The registry consists of: 1) national register of payment institutions including their agents and branches;

2) register of credit including credit unions their branches;

3 payment services including offices of the registry), their agents and branches;

4) national register of electronic money institutions including their agents and branches;

5) register of foreign branches of electronic money institutions ";

59) in the article. 134: a) an introduction to the calculation of shall be replaced by the following: "national register of payment institutions include, respectively:", b) after point 3 the following point 3a is inserted: "3a) information on the issue by the national e-money payment institution; ' c) in section 4:-introduction to the calculation of shall be replaced by the following:" data on national agents payment institution engaged in the activities of the Agency for the provision of payment services, including: "-(a). (b) shall be replaced by the following: "(b)) and the address or the address of the principal place of business agent;";

60) in the article. 135 introduction to calculations shall be replaced by the following: "a record of credit unions credit contains:";

61) in the article. 136: a) an introduction to the calculation of shall be replaced by the following: "a record of the payment service offices include, respectively:", b) in point 3 (a). (b) shall be replaced by the following: "(b)) and the address or the address of the principal place of business agent;";

62) after article. 136 article added. 136A. 136b shall be inserted: ' Article. 136A. National Register of electronic money institutions includes: 1) registration number;

2) national data for electronic money institutions, including: a) name (company), b) number in the register of entrepreneurs, c) and address;

3) data concerning payment services, to which the national electronic money institution shall be entitled, including: a) the date of issue of the permit referred to in article 2. 132a paragraph 1. 1, and its changes, b) a list of payment services falling within the scope of the authorisation referred to in article 2. 132a paragraph 1. 1;

4) agents of the national electronic money institutions engaged in the activities of the Agency for the provision of payment services, including: a) the full name or the name of the (company's) agent, b) and address or the address of the principal place of business of the agent;

5) national branches of electronic money institutions, including: a) the name of the (company) branch b) the address of the branch;

6) data relating to the issuing of electronic money payment or the provision of services by the national electronic money institution in another Member State, including: (a)), the list of countries in which the national electronic money institution seems to electronic money or provides payment services, (b)) the data referred to in paragraph 4 or 5 on the subject, through which the national electronic money institution carries on its activities in another Member State, c) a list of the services provided.

Article. 136b. the register of foreign branches of electronic money institutions includes: 1) registration number;

2) data relating to foreign branch of electronic money institutions, including: a) the name of the (company) branch b) number in the register of entrepreneurs, c) the address of the branch;

3) data on activities related to the issuing of electronic money, including the date of issue of the permit referred to in article 2. 132zh paragraph 1. 1, and its changes. ";

63) in the article. paragraph 138. 1 shall be replaced by the following: "1. the entry in the register of the national payment institution or national electronic money institutions and changes the scope of the services provided by non-payment services, as well as the entry in the register of the branch of foreign electronic money institutions shall be made with the Office within 14 days from the date of issue of the authorisation referred to in article 2. 60 paragraph 1. 1, art. 132a paragraph 1. 1 or article. 132zh paragraph 1. 1, or change. ";

64) in the article. paragraph 139. 1 shall be replaced by the following: "1. the national payment institutions, payment services, credit unions, the national electronic money institutions and foreign branches of electronic money institutions shall ensure that the data entered in the register, at their request, with the facts."

65) in the article. 142: a) in paragraphs 1 and 2. 1 paragraph 1 shall be replaced by the following: "1) the withdrawal or lapse of the authorisation referred to in article 2. 60 paragraph 1. 1, art. 132a paragraph 1. 1. 132zh paragraph 1. 1. "b paragraph 3). 2 shall be replaced by the following:


"2. The FSC can make ex officio cancellation of an entry from the register concerning an agent or a branch of the national payment institution or national electronic money institutions if the competent supervisory authorities of the host Member State in which the national payment institution or national electronic money institution carries out activities in the field of payment services or the issue of electronic money by the agent or the branch information that there are reasonable grounds to suspect that, in connection with this activity is committed or was committed, an offence referred to in article 1. 165a or article. 299 of the Penal Code, an attempt was made to commit such an offence or committing such an offence is intentional, or the provision of services by an agent or a branch of activity could increase the risk of money laundering or terrorist financing. The deletion of an entry from the following registry by means of a decision. ';

66) in the article. paragraph 150. 1 and 2 are replaced by the following: "1. who, not being authorized, is active in the provision of payment services or in respect of the issue of electronic money shall be subject to a fine of up to $ 5 0000 0000 or to imprisonment for 2 years, or both penalties.

2. The same penalty shall be subject to the who, not being authorized, uses the name (the company) or to identify the economic activities performed or in advertising, the terms "payment services", "the issuing of electronic money", "payment institution", "payment services", "electronic money institution" or "a branch of a foreign credit institution". ";

67) in the article. 152 paragraph 1. 1 shall be replaced by the following: "1. who, in charge of the payment institution, Office, payment services, electronic money institutions or foreign branch of electronic money institutions for providing information, FINANCIAL information, inconsistent with the facts, or otherwise mislead this body shall be subject to a fine up to $ 1 0000 0000 or to imprisonment for 2 years, or both penalties combined.";

68) after the article. the followiong article 153. 153a is inserted: "Article. 153a. Who, contrary to the obligations referred to in article 1. 14A-14 c, does not provide the necessary information, shall be subject to the NBP fine to $ 1 0000 0000.

2. The same penalty shall be subject to, who may be an act referred to in paragraph 1. 1, acting on behalf of or in the interests of a natural person, legal person or organizational unit of a non-legal person, where the law recognizes the legal capacity ".

Article. 2. [the inheritance and gift tax act] in the Act of 28 July 1983 of the inheritance tax and gift tax (OJ of 2009 No 93, poz. 768, as amended. 7)) in the article. (4A) in paragraphs 1 and 2. 1 point 2 shall be replaced by the following: "(2)) in cases where the subject of the acquisition of the title of donations or donors are cash and the value of the property acquired jointly from the same person within a period of 5 years preceding the year in which there has been a recent acquisition, calculated to the value of things and property rights recently acquired exceeds the amount referred to in article 12(2). 9. 1 point 1-document their receipt of proof of the transfer payment to the account of the buyer, on his account, other than a payment at a bank or cooperative credit unions cashier or postal. ".

Article. 3. [income tax act from individuals] in the Act of 26 July 1991 on income tax from natural persons (OJ of 2012. poz. 361, as amended. 8)) in the article. in paragraph 26. 7, point 1 shall be replaced by the following: "1) proof of payment on the payment account or donee of his bank account, other than a payment account in the case of donations of money;".

Article. 4. [income tax act Corporation] in the law of February 15, 1992 on income tax of legal persons (OJ of 2011 No. 74, item, as amended. 397-9)) in the article. 18 paragraph 1. 1 c shall be replaced by the following: ' 1 c. Deduction of donations referred to in paragraph 1. 1 points 1 and 7, and the deduction resulting from the separate laws apply if the amount of donations is documented proof of payment on account payments or donee of his bank account, other than a payment account, (a) in the case of a non-monetary donation document, which shows the value of the donation, and the donee's statement about its adoption. "

Article. 5. the [criminal code] in the law of 6 June 1997, the Penal Code (Journal of laws No. 88, item 553 as amended., d. 10)) in the article. 297 § 1 and 2 are replaced by the following: ' 1. Who, for the purpose of obtaining for himself or someone else, from a bank or an organizational unit, leading a similar economic activity on the basis of a law or from the authority or institution with public funds-loan, a loan of money, endorsements, guarantees, letters of credit, grants, subsidies, the confirmation by the bank the obligation of the guarantee or the guarantee or similar to provide money for a specific purpose, payment instrument or of a public contract, submit to the counterfeit , certifying the untruths or unreliable document or untrustworthy, the written statement of the circumstances relevant for the said financial support, payment instrument or order, shall be punishable by imprisonment from 3 months to 5 years.

§ 2. The same punishment shall be subject to the who, contrary to the obligation to not notify the competent body of the situation that might affect the suspension or limitation of the amount of the financial support referred to in § 1, or public order or for the possibility of further use of the payment instrument.

Article. 6. [tax] in the law of 29 August 1997-tax (OJ of 2012. poz. 749, as amended. 11)) article. 61A shall be replaced by the following: ' article 1. 61A. § 1. The Council of the municipality, the County Council and the Regional Council of the province may, by resolution, authorize the payment of taxes, the revenue budget, respectively the commune, County or province, payment instrument, including payment instrument, on which electronic money is stored.

§ 2. In the case referred to in § 1 for the term of the tax shall be deemed the day of debiting of payments of the taxable person, the payee or a bank account or Galeano worked odd jobs — or cooperative credit unions cashier, other than payments, or day download monetary value of the electronic money. ".

Article. 7. [Act on the Polish National Bank] in the law of 29 August 1997 on the National Polish Bank (OJ of 2013. poz. 908) in the article. 5 paragraph 1. 2 shall be replaced by the following: "2. the NBP cannot be a shareholder or a shareholder of the other corporation, with the exception of carrying out service activities on behalf of financial institutions or the State, or for the NBP the importance in terms of the stability of the financial system national measures referred to in article 2. 3 paragraphs 1 and 2. 2 point 6a. ".

Article. 8. the [banking] in the law of 29 August 1997-the right bank (OJ of 2012 item 1376, as amended. 12)) is hereby amended as follows: 1) in the article. 4. in paragraph 1: (a)) points 4 and 5 are replaced by the following: ' 4) card is a payment card within the meaning of the Act of 19 August 2011, payment services (Journal of laws No. 199, poz. 1175, as amended. d. 13));

5) electronic money-electronic money within the meaning of the Act of 19 August 2011, payment services; ', b) in section 7 (b). (e) shall be replaced by the following: "(e)) the provision of payment services and the issue of electronic money in accordance with the provisions of the Act of 19 August 2011, payment services,", c) point 17 shall be replaced by the following: "17) credit institution – an entity established abroad of the Republic of Poland in the territory of one of the Member States of the European Union, hereinafter referred to as" Member States ", on their own behalf and on their own account, on the basis of the authorization of the competent supervisory authorities activities to receive deposits or other funds entrusted to it under any title of turning and giving credits; ";

2) article. 5: a) in paragraphs 1 and 2. 1 point repealed 6a, b) paragraphs 1 and 2. 2 paragraph 3 shall be replaced by the following: "3) payment services and the issue of electronic money", c) repeals paragraphs. 3.

3) repeals. 63A;

4) article. in paragraph 105. 1. in point 2 (a). (m) shall be replaced by the following: "(m)) of publishers payment instruments which are not banks, within the scope defined by the law of 19 August 2011, payment services,";

5) in the article. paragraph 133. 4 shall be replaced by the following: "4. the Commission of financial supervision and carrying out banking operations shall not be liable for damage sustained by conforming to the provisions of an act or omission set that remains in view of the financial supervision Commission as supervision over the activities of banks, branches and agencies of foreign banks and branches of credit institutions".

Article. 9. [the law on pensions and the Veterans of the Social Security Fund] in the law of 17 December 1998 on pensions and the Veterans of the Social Security Fund (OJ of 2009 No 153, item, as amended. 1227 – 14)) is hereby amended as follows: 1) in the article. 130: a) of paragraph 1. 2 shall be replaced by the following: "2. The benefits shall be paid to persons qualified, taking into account paragraph 3. 3:1) through legal persons carrying on activities in the field of service benefits or 2) at the request of the person entitled: (a)) at its payment account or the account in the Bank or cooperative credit unions cashier, other than a payment account or b) indicated by her her payment instrument where it is stored electronic money within the meaning of the Act of 19 August 2011, payment services (Journal of laws No. 199 , item. 1175, as amended. d. 15)). ", b) paragraphs 1 and 2. 3 shall be replaced by the following:


"3. The person within custodial, punishment of the military detention or punishment of detention for the offence and the person provisionally arrested shall be paid benefits: 1) through legal persons carrying on activities in the field of service benefits at a plant or a criminal detention or 2) at the request of that person: (a)) at its payment account or a bank account, other than a payment account, b) indicated by her her payment instrument where it is stored electronic money within the meaning of the Act of 19 August 2011, payment services, or (c) a person designated by it), after prior admonition to her of the circumstances referred to in article 1. paragraph 138. 2 point 1. ';

2) article. 132 is replaced by the following: ' article 1. 132. To a pensioner who draws pensions who lived abroad, the service shall be paid – at his request – a person authorized by him to receive, in the country or in the country of payment account of the pensioner or his bank account, other than a payment account or indicated by him, released in the country, its payment instrument where it is stored electronic money, unless international agreements provide otherwise. ";

3) article. 138a shall be replaced by the following: ' article 1. 138a. Operator of the payment account and the bank and the cooperative credit unions leading the Bill other than the payments, as well as the Publisher of a payment instrument shall apply to the establishment of the amount of benefits provided to the account or payment instrument for months following the month in which the recipient has death; the recipe article. 144 paragraph 1. 1 shall apply accordingly. ".

Article. 10. [tax penal code] in the law of 10 September 1999-tax Penal Code (Journal of laws of the 2013 item 186) in the article. 106j § 1 shall be replaced by the following: ' 1. Who, contrary to the obligation to make a money transfer abroad or in the country of settlement, foreign exchange turnover, without going through an authorized bank, credit institution, e-money institution or, in the case of making settlements in the country-office payment services, shall be punishable by a fine of up to 480 daily rates. "

Article. 11. [the law on prevention of money laundering and financing of terrorism] in the law of 16 November 2000 on counteracting money laundering and the financing of terrorism (OJ 2010 No. 46, item 276, as amended. 16)) is hereby amended as follows: 1) in the article. 2: a) in paragraph 1:-(a). (e) shall be replaced by the following: "(e)) national electronic money institutions, branches of electronic money institutions, foreign branches of electronic money institutions, clearing agents, payment institutions, payment services, branches of EU payment institutions and operating on the territory of the Republic of Poland of agents within the meaning of the Act of 19 August 2011, payment services (Journal of laws No. 199, poz. 1175, as amended. d. 17)) "-(a). p is replaced by the following: "p) entities active in the Exchange,"-(a) shall be abrogated. u, b) point 4 shall be replaced by the following: ' 4) Bill – means bank account, an account held with a financial institution, an account held in a credit institution, cooperative credit unions cashier account, payment account run by another authorized entity, securities account and account summary and to support them cash account within the meaning of the Act of 29 July 2005 on trading in financial instruments as well as a record of participants in the Fund and the investment fund participants records; ";

2) article. 9 d in paragraph 2. 1. in point 2 (a). (d) shall be replaced by the following: "(d)) of electronic money within the meaning of the Act of 19 August 2011, payment services, provided that:-the maximum amount of monetary value stored on the payment instrument does not exceed the equivalent in the currency of the Polish euro 250 amount and it is not possible to repeat the injection of monetary value of this instrument is the maximum amount of electronic money transfer does not exceed the equivalent in the currency of the Polish amounts 2500 euro per year unless the amount of redemption of electronic money is at least equivalent in Polish currency the amount of 1000 euro in a given calendar year, ";

3) article. 33 in paragraphs 1 and 2. 2 point 2 shall be replaced by the following: ' 2.) the President of the Commission of financial supervision or persons authorized by him – only in matters related to the implementation of banking supervision, in matters relating to the implementation of the supervision of insurance activities and in relation to investment firms and trust banks within the meaning of the Act of 29 July 2005 on trading in financial instruments and foreign legal persons carrying on the territory of the Republic of Poland the brokerage activity in the field of trade in the stock market Freight brokerage houses, within the meaning of the Act of 26 October 2000 on the stock exchanges, mutual funds, investment funds and the national depository for securities S.A. and in relation to the national electronic money institutions, branches of electronic money institutions, foreign branches of electronic money institutions, clearing agents, national payment institutions, payment institutions branches, offices and payment service providers operating on the territory of the Republic of Poland of agents within the meaning of the Act of 19 August 2011, payment services; ".

Article. 12. [Act on the functioning of the cooperative banks, their associations and associations banks] in the law of 7 December 2000 on the functioning of the cooperative banks, their associations and associations banks (Journal of laws No. 119, item 1252, as amended. 18)) in the article. 6:1) in paragraphs 1 and 2. 1 point 9 shall be replaced by the following: "9) the provision of payment services and the issuance of electronic money";

2) repeals paragraphs. 3. 13. [the law on settlement finality in payment and securities settlement systems and the principles of supervision of these systems] in the law of 24 August 2001 on settlement finality in payment and securities settlement systems and the principles of supervision of these systems (OJ of the 2013 item 246) is hereby amended as follows: 1) in the article. 1: a) in point 5, in subparagraph (a). k the semicolon shall be replaced by a comma and the following subparagraph (b). l: l) in the case of systems other than those listed in article 1. 15. 1 and 2 – a payment institution and of the electronic money institution within the meaning of the Act of 19 August 2011, payment services (Journal of laws No. 199, item 1175, with further amendments. 19)); ', b) point 15 is replaced by the following: "15) the competent authorities-bodies exercising oversight over the bodies referred to in paragraph 5 (b). c-g and-l; ";

2) article. 13. 5 shall be replaced by the following: "5. the Council of Ministers shall determine, by regulation, the manner of the notification referred to in paragraph 1. 1, 2, 2a, in paragraphs 1 and 2. 3 (1) and (2), and in paragraph 2. 4, taking into account in particular the characteristics of the proceedings in which the judgment has been issued, the order or decision, and the possibility of the use of technical means of communication. ";

3) article. 14 paragraph 1. 1 shall be replaced by the following: "1. the institutions referred to in article 1. 1, paragraph 5 (b). c-l, are required to provide to anyone who has a legitimate interest, information about which they are participants and the fundamental principles of their operation. ";

4) article. 17 in paragraph 1. 2 in point 6 of the period is replaced by a semi-colon and the following point 7 is added: "7) legal relations between participants and between non-participant subject to operating system and participants, associated with participation in the system and its operation."

Article. 14. [Act on the provision of services by electronic means] in the Act of 18 July 2002 on the provision of services by electronic means (Journal of laws No. 144, item 1204, as amended – 20)) in the article. 3A in paragraph 1. 2 section 2 is repealed.

Article. 15. [the law of foreign exchange] in the law of 27 July 2002-Exchange Law (Dz. u. of 2012. poz. 826) is hereby amended as follows: 1) in the article. 3 paragraphs 1 and 2. 3 shall be replaced by the following: "3. The limitations referred to in article 1. 9 do not apply to foreign exchange trading carried out involving banks, payment institutions, electronic money institutions, offices of payment services or other entities established in the country, in respect of the activities of authorities subject to the banking, insurance, pension schemes,: on payment institutions, electronic money institutions, payment service agencies or on the capital market, led by the latter on its own account or for account of a third party entitled under the Act or the authorisation to Exchange foreign exchange trading is subject to this restriction. ";

2) article. 25: a) in paragraphs 1 and 2. 1 point 2 shall be replaced by the following: "2) payment institutions and electronic money institutions authorised to provide payment services, and, in the case of making settlements in the country also payment service offices", b) paragraphs 1 and 2. 2 shall be replaced by the following: "2. the obligation to make the accounts in accordance with paragraph 1. 1 does not apply to cases in which a party to the settlement, the national bank is entitled to a payment institution, a branch of the EU paying authority, national electronic money institution or a branch of the EU's electronic money institutions '.

Article. 16. [some financial security Act] in the law of 2 April 2004 on certain financial security (OJ of 2012. poz. 942 and 1166) in the article. 2. in paragraphs 1 and 2. (1) paragraph 10 shall be replaced by the following: ' 10) the paying agent within the meaning of the Act of 19 August 2011, payment services (Journal of laws No. 199, poz. 1175, as amended. d. 21)); ".


Article. 17. [the Act on freedom of economic activity] in the Act of 2 July 2004 on freedom of economic activity (OJ of 2013. poz. 672, 675 and 983) in the article. in paragraph 75. 1 repealed paragraph 21.

Article. 18. [law on supplementary supervision of credit institutions, insurance undertakings, reinsurance undertakings and investment firms in a financial conglomerate composition] in the law of 15 April 2005 on the supplementary supervision of credit institutions, insurance undertakings, reinsurance undertakings and investment firms forming part of the financial conglomerate (OJ No 83, poz. 719, as amended – 22)) in the article. 3 in point 1 (a) shall be abrogated. (d) article. 19. [financial market supervision Act] in the law of 21 July 2006 for the supervision of the financial market (OJ of 2012. poz. 1149, as amended. 23)) is hereby amended as follows: 1) in the article. 1. in paragraphs 1 and 2. 2: a) point 5 shall be replaced by the following: "5) supervision of payment institutions, payment services, electronic money institutions, agencies, branches of foreign electronic money institutions shall be held in accordance with the provisions of the Act of 19 August 2011, payment services (Journal of laws No. 199, poz. 1175, as amended. d. 24)); ', b) repeals paragraph 5b;

2) article. 2 shall be replaced by the following: ' article 1. 2. the purpose of surveillance over the financial market is to ensure the proper functioning of the market, its stability, security and transparency, confidence in the financial market, and ensure the protection of the interests of participants in the market, by the objectives, in particular in the law-Bank law, the law of 22 May 2003 on the supervision of insurance and pension scheme and the Insurance Ombudsman, the law of 15 April 2005 on the supplementary supervision of credit institutions , insurance undertakings, reinsurance undertakings and investment firms in a financial conglomerate composition, the Act of 29 July 2005 to the supervision of the capital market, the Act of November 5, 2009. the offices of the cooperative unions and the Act of 19 August 2011 payment services. ";

3) article. 6. in paragraph 1. 2 paragraph 1 shall be replaced by the following: "1) referred to in the Act of 28 August 1997 on the Organization and functioning of the pension funds act-Bank law, the Act of 26 October 2000 on the commodity, the law on the business of insurance, the law of 22 May 2003 on insurance intermediation, the Act of 20 April 2004 on occupational pension schemes, the Act of 20 April 2004 on individual retirement accounts and individual retirement accounts law of 27 May 2004 on the investment funds, the Act of 29 July 2005 on trading in financial instruments, the Act of 29 July 2005 to the public offer and conditions for the introduction of financial instruments to organised trading, and public companies, the law of 21 November 2008 on pensions and the Act of 19 August 2011, payment services ,”;

4) article. 12. in paragraphs 1 and 2. 2. point 5 shall be replaced by the following: "5) supervision of credit institutions, electronic money institutions and foreign branches of electronic money institutions in cases of: (a) permit) to operate as a national institution, national electronic money institutions or foreign branch of electronic money institutions, b) issue orders referred to in article 1. 68, art. 102 paragraph 1. 1 paragraph 4, art. 132g and articles. paragraph 132z. 4 section 2 of the Act of 19 August 2011, payment services, c) reversing the authorisations to operate as a national institution, national electronic money institutions or foreign branch of electronic money institutions, d) limiting the activities of the national institution of national credit institutions electronic money, electronic money institutions foreign branch or organizational units these entities, e) imposition of penalties referred to in article 1. 73b paragraph 1. 2, art. paragraph 105. 1 points 4 and 5. paragraph 106. 2. 132za paragraph 1. 2 points 1 and 2 and paragraphs 1 and 2. 4 of the Act of 19 August 2011, payment services, f) take a decision referred to in article 1. 132e paragraph 1. 1 of the law of 19 August 2011, payment services, g) of the prohibition referred to in article 2. 132e paragraph 1. 3 and 4 and articles. paragraph 132f. 1 of the law of 19 August 2011, payment services, h) issuing an order referred to in article 2. 132e paragraph 1. 6 and art. paragraph 132f. 4 of the Act of 19 August 2011, payment services; ".

Article. 20. [Act on the commercialization of State-owned utilities "Poland"] in the law of September 5, 2008. about the commercialization of State-owned utilities "Poland" (Journal of laws No. 180, item 1109 and 2012. poz. 1529) in the article. 13 in paragraph 1. 1 after paragraph 2, the following paragraph 2a is inserted: "2a) to issue electronic money and provide services related to its release on the territory of the Republic of Poland or by a branch within the territory of the Republic of Poland, other than a Member State of the European Union or of a Member State of the European free trade agreement (EFTA);".

Article. 21. [the Act on chartered reviewers, and their local government, entities authorised to audit accounts and public supervision] in the law of 7 May 2009 on the Chartered reviewers, and their local government, entities authorised to audit accounts and public supervision (OJ No 77, poz. 649, 2010 No. 182, item 1228 and 2012. poz. 1166) in the article. 2. in paragraph 4 (b). (e) shall be replaced by the following: "(e)) national electronic money institutions, branches of electronic money institutions and foreign branches of electronic money institutions – within the meaning of the Act of 19 August 2011, payment services (Journal of laws No. 199, poz. 1175, as amended. d. 25)).

Article. 22. [cooperative act registers unions] in the Act of November 5, 2009. of the cooperative health insurance unions (OJ of 2012. poz. 855 and 1166 and 2013. poz. 613) in the article. 3:1) (2). 2 shall be replaced by the following: "2. the accounts referred to in paragraph 1. 1, shall apply mutatis mutandis the provisions of the Act of 29 August 1997-the right bank (OJ of 2012 item 1376, as amended. 26)) for the bank accounts and the provisions of the Act of 19 August 2011, payment services (Journal of laws No. 199, item 1175, as amended. 27)) in the provision of payment services. ";

2) is inserted paragraph 1. 3 shall be added: ' 3. the Cash and National Cash are entitled to issue electronic money to members of kas, the principles laid down in the Act of 19 August 2011 payment services. ".

Article. 23. [law on gambling] in the Act of 19 November 2009 about gambling (OJ No 201, section 1540, as amended. 28)) in the article. 15E: 1) an introduction to the calculation of shall be replaced by the following: "urządzający betting through the Internet is required to carry out transactions resulting from these establishments only through a payment account held in:";

2) in point 3, the period is replaced by a semi-colon and the following point 4 is added: ' 4) other institution empowered to carry out the payment account in accordance with the law of August 19, 2011 payment services (Journal of laws No. 199, poz. 1175, as amended. d. 29)). ".

Article. 24. [activity in the provision of payment services] on the basis of the authorisation referred to in article 1. 60 paragraph 1. 1 in article 1 of that Act. 1, including the provision of payment services as defined in article 3. 3 paragraphs 1 and 2. 1 point 5 of this Act, as the current can be carried out activities in the field of provision of payment services as defined in article 3. 3 paragraphs 1 and 2. 1 point 5 of this Act, as defined by this law.

Article. 25. [the provisions added given this first act] 1. The provisions of article 4. 14A-14 c of the Act in that article. 1, as defined by this law, shall apply for the first time to provide information for the second reporting period after the reporting period in which the date of entry into force of this Act.

2. For the quarter, which is the date of entry into force of this Act, and for the quarter following the quarter organisations retained to agents, publishers, banks credit cards and electronic money institutions shall transmit to the Polish National Bank of information on their activities to the extent and on the terms referred to in article 1. 13. 1, art. 15. 4. 64 paragraph 1. uchylanej to in article 1 of the law. 38. 26. [the limitation period of the claims] 1. The limitation to claims arising from contracts of the electronic payment instrument, arising before the date of entry into force of this Act and receiving until then, the existing rules apply.

2. the limitation period For claims for redemption of e-money by virtue of agreements concluded before the date of entry into force of this law, the course has not started up until that date shall be the date referred to in article 1. in article 1 of that Act 59 ° n. 1, as defined by this law.

3. limitation of claims for redemption of electronic money, which the course began before the date of entry into force of this Act, shall apply to the time limit referred to in article 2. in article 1 of that Act 59 ° n. 1, as defined by this Act, except that the limitation period begins on the date of entry into force of this Act.


Article. 27. [the implementation of the risk management system and internal control] National payment institutions having at the date of entry into force of this Act, the authorization referred to in article 2. 60 paragraph 1. 1 in article 1 of that Act. 1, are required to implement a system of internal control and risk management, as referred to in article 1. 64 paragraph 1. 1, paragraph 3 of the Act in that article. 1, as defined by this law, and adjust the level of financial resources to cover the own funds up to the amount referred to in article 1. 76 of the Act in that article. 1, as defined by this Act, within 12 months from the date of entry into force of this Act.

Article. 28. [calculation of payment to cover the costs of the supervision] until the end of the calendar year in which the date of entry into force of this Act, a deposit to cover the costs of the supervision referred to in article 1. 113 paragraph 1. 1 in article 1 of that Act. 1 shall be calculated on the basis of existing.

Article. 29. [National electronic money institutions and foreign branches of electronic money institutions] 1. National electronic money institutions and foreign branches of electronic money institutions which, at the date of entry into force of this Act, operate on the basis of the law in article uchylanej. 38, may proceed with the activity of issuing electronic money and payment services on the basis of the existing, but for no longer than 6 months from the date of entry into force of this Act, (a) in the case of submission of the application for authorisation within this period, referred to in article 1. 132a paragraph 1. 1 or in article 6. 132zh paragraph 1. 1 in article 1 of that Act. 1, as defined by this law is pending the examination of the application.

2. the entities referred to in paragraph 1. 1, determine the average outstanding electronic money in circulation within the meaning of article 2. 2 paragraph 27a of the Act in that article. 1 added given by this Act, for the first time no later than the first day of the month following the expiry of a period of 6 months from the date of entry into force of this Act.

Article. 30. [the proceedings for the issue of a permit to operate as a domestic payment institution] 1. To proceedings for the issue of a permit to operate as a national institution, referred to in article 1. 60 paragraph 1. 1 in article 1 of that Act. 1, initiated and fully completed before the date of entry into force of this Act, shall apply the provisions of the Act in that article. 1, as defined by this law.

2. procedures for authorisation to operate as electronic money institutions referred to in article 2. paragraph 36. uchylanej to in article 3 of the Act. 38, initiated and fully completed before the date of entry into force of this Act, shall apply the provisions of the Act in that article. 1, as defined by this law.

Article. 31. [proceedings] proceedings initiated before the date of entry into force of this Act to the national electronic money institutions or branches of electronic money institutions shall apply recipes.

Article. 32. [subject's Bankruptcy] 1. Effective on the date of entry into force of this law the links that make up the system, other than those mentioned in article 2. 15. 1 and 2 of the Act in that article. 13, in which the running from the date of entry into force of this Act is required the consent referred to in article 14(2). 16. 1 in article 1 of that Act. 13, in connection with participation in this system of the institutions referred to in article 14(2). 1, paragraph 5 (b). (l) of the Act, as defined by this Act, may be continued on the basis of the existing, but for no longer than 6 months from the date of entry into force of this Act, (a) in the case of the deposit at that time by the operator of such a system of the application for the consent referred to in article 14(2). 16. 1 in article 1 of that Act. 13-pending the examination of the application.

2. If the insolvency of the entity referred to in article 2. 1, paragraph 5 (b). (l) of the Act in that article. 13, as given by this Act, it was announced prior to the date of entry into force of this Act, to the effect of its notification and procedure after the Declaration of insolvency law do not apply in that article. 13. 33. [obligations of the operators of payment systems] operators on the date of entry into force of this Act, payment systems within the meaning of article 3. 1 section 1 of the Act in that article. 13 shall convey to the President of the Polish National Bank documents indicating the link referred to in article 1. 17. 2 section 7 of the Act in that article. 13, as given by this law, within a period of 6 months from the date of entry into force of this Act.

Article. 34. [Adaptation activities by providers of electronic services on the territory of a Member State of the European Union] the entities referred to in article 1. 50 uchylanej to in article 1 of the law. 38, providing services by electronic means on the territory of a Member State of the European Union and the European free trade agreement (EFTA) – the parties to the agreement on the European economic area other than the Republic of Poland, to adapt this activity to the principles set out in article 5 of that Act. 14 within 6 months from the date of entry into force of this Act.

Article. 35. [continuation of proceedings] Initiated before the date of entry into force of this Act, proceedings in cases referred to in article 1. 12 paragraph 1. 2 section 5 of the Act in that article. 19, as given by this law regarding electronic money institutions or branches of foreign electronic money institutions, carried out in accordance with article 4. 12 paragraph 1. 1 of this Act by the Chairman of the Financial Supervisory Commission, Deputy Chairman of the Financial Supervisory Commission and the staff of the Office of the Commission of financial supervision may be continued by those entities to the end of the proceedings in a given instance.

Article. 36. [the application of existing regulations] 1. The existing implementing rules pursuant to article 114. paragraph 61. 3, art. paragraph 83. 3, art. 115. paragraph 125. 8 and 9 of the Act in that article. 1 retain power until the date of entry into force of the implementing rules pursuant to article 114. paragraph 61. 3, art. paragraph 83. 3, art. 115. paragraph 125. 8 and 9 of the Act in that article. 1, as defined by this law, no more than 12 months from the date of entry into force of this Act.

2. The existing implementing rules pursuant to article 114. 13. in article 1 of that Act. 13 retain power until the date of entry into force of the implementing rules pursuant to article 114. 13. in article 1 of that Act. 13, as given by this Act, no more than 6 months from the date of entry into force of this Act.

3. The existing implementing rules pursuant to article 114. 13. 2, art. 15. 5. 64 paragraph 1. in article uchylanej of the Act. 38 retain power until the date of entry into force of the implementing rules pursuant to article 114. 14 d of the Act in that article. 1, as defined by this law, no more than 6 months from the date of entry into force of this Act.

Article. 37. [the maximum spending limit national budget for the years 2013-2022] 1. The maximum limit of the State budget expenditure for the years 2013-2022 is 13 220.4. zł, that in year 1) 2013-1130. buy;

2) 2014-1158.25. buy;

3) 2015-1198.79. buy;

4) 2016 is 1246.74. buy;

5) 2017 is 1295.36. buy;

6) 2018 is 1344.59. buy;

7) 2019-1391.65. buy;

8) 2020-1438.96. buy;

9) 2021-1485.01. buy;

10) 2022-1531.05. zł.

2. in the case of an emergency expenditure limit referred to in paragraph 1. 1, for the financial year in question, will be applied to the correction mechanism consisting of: 1) reducing the cost of property, the Office of Financial Supervision Commission related to the execution of the tasks under the supervision of electronic money institutions and foreign branches of electronic money institutions or 2) rationalizing the frequency of actions in the framework of supervision by the Commission of financial supervision of electronic money institutions and foreign branches of electronic money institutions.

3. The competent authority for the implementation of the correction mechanism, referred to in paragraph 1. 2, is up financial supervisory Commission and the Financial Supervisory Commission.

4. The competent authority to monitor the use of the expenditure limit referred to in paragraph 1. 1 is the proper minister of financial institutions.

Article. 38. [the provisions repealed] repealed the Act of 12 September 2002 on electronic payment instruments (OJ of 2012. poz. 1232).

Article. 39. [entry into force], the Act shall enter into force after the expiration of 30 days from the date of the notice, with the exception of article 5. 1, paragraph 35, which shall enter into force after the expiration of 3 months from the date of the notice.



The President of the Republic of Poland: b. Komorowski 1) this law in its regulation implementing directive of the European Parliament and of the Council 2009/110/EC of 16 September 2009 on the taking-up and pursuit of the business of electronic money institutions and the prudential supervision of their activities, amending directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ l. The EU L 267 of 10.10.2009, p. 7).


2) this statute changes the law: the law of 28 July 1983,. inheritance tax and gift tax, the Act of 26 July 1991 on income tax from natural persons, the law of 15 February 1992 on income tax of legal persons, the law of 6 June 1997, the Penal Code, the Act of 29 August 1997 – tax law of 29 August 1997 on the National Polish Bank, the Act of 29 August 1997-Bank law, the law of 17 December 1998 on pensions and the Veterans of the Social Security Fund, the law of 10 September 1999-the Penal Code, the law of 16 November 2000 on counteracting money laundering and the financing of terrorism, the Act of 7 December 2000 on the functioning of the cooperative banks , their associations and banks, associations law of 24 August 2001 on settlement finality in payment and securities settlement systems and the principles of supervision of these systems, the law of 18 July 2002 on the provision of services by electronic means, the law of 27 July 2002, Foreign Law, the law of 2 April 2004 on certain financial vulnerability law of 2 July 2004 on freedom of economic activity, the law of 15 April 2005 on the supplementary supervision of credit institutions, insurance undertakings, reinsurance undertakings and investment firms in a financial conglomerate, composition of the Act of 21 July 2006 for the supervision of the financial market, the law of 5 September 2008 for commercialization of State-owned utilities "Poland" law of 7 May 2009 on the Chartered reviewers, and their local government, entities authorised to audit accounts and public supervision, the Act of November 5, 2009. the offices of the cooperative unions and the law of 19 November 2009 about gambling.

3) changes of that Act were announced in the OJ 1971 No. 27, item. 252, 1976, no. 19, item. 122, 1982 No. 11, item. 81, no. 19, item. 147 and no. 30, poz. 210, 1984, no. 45, item. 242, 1985 No. 22, item. 99, 1989 No. 3, item. 11, 1990, no. 34, item. 198, no. 55, item. 321 and no. 79, item. 464, 1991, no. 107, item. 464 and No 115, item. 496, 1993, No 17, item. 78, 1994, no. 27, item. 96, no. 85, item. 388 and no. 105, item. 509, 1995, no. 83, item. 417, 1996 No 114, poz. 542, no. 139, item. 646 and No 149, poz. 703, 1997, no. 43, item. 272, no. 115, item. 741, no. 117, item. 751 and No 157, item. 1040, 1998, No. 106, item. 668 and no. 117, item. 758, 1999 No 52, item. 532, 2000 No. 22, item. 271, no. 74, item. 855 and 857, no. 88, item. 983 and no. 114, item. 1191, 2001, no. 11, item. 91, no. 71, item. 733, Nr 130, poz. 1450 and no. 145, item. 1638, 2002 No. 113, item. 984 and no. 141, item. 1176, 2003 No. 49, item. 408, no. 60, item. 535, Nr 64, poz. 592 and No 124, item. 1151, 2004 No. 91, item. 870, no. 96, item. 959, no. 162, item. 1692, no. 172, poz. 1804 and no. 281, poz. 2783, 2005 No. 48, item. 462, No 157, item. 1316 and no. 172, poz. 1438, 2006 No 133, item. 935 and no. 164, item. 1166, 2007 No 80, item. 538, No 82, item. 557 and no. 181, item. 1287, 2008 No. 116, item. 731, no. 163, poz. 1012, no. 220, poz. 1425 and 1431 and No 228, item. 1506, 2009 No. 42, item. 341, no. 79, item. 662 and no. 131, poz. 1075, 2010 No. 40, poz. 222 and no. 155, poz. 1037 and 2011 no 80, item. 432, no. 85, item. 458 and no. 230, item. 1370.4) revision of the text of the single listed the Bill were announced in OJ 2010 No 40, poz. 224, no. 134, poz. 903, no. 238, item. 1578 and No 257, item. 1726, 2011 No 75, item. No. 398, 149 poz. 887, no. 168, poz. 1001, no. 187, poz. 1112 and No 205, poz. 1203, with 2012 POS. 118, 251, 637, 664 and 1548, and from 2013, poz. 240, 786 and 960.

5) revision of the text of the uniform that Act were announced in the OJ of 2009 No 218, item. 1690, 2010 No. 105, item. 668, no. 182, item. 1228, no. 225, item. 1474, no. 254, poz. 1700 and No 257, item. 1725, 2011 No 45, item. 235, no. 75, item. 398, no. 138, item. 808, Nr 171, poz. 1016, no. 197, poz. 1170, no. 199, poz. 1175, no. 232, poz. 1378 and no. 291, poz. 1706, from 2012, poz. 611, 637, 769, 1342 and 1548, and from 2013, poz. 675, 827 and 983.

6) revision of the text of the single listed the Bill were announced in OJ 2010 No. 182, item. 1228, 2011 No 134, poz. 779, no. 199, poz. 1175, No 234, poz. 1391 and no. 291, poz. 1707, from 2012, poz. 1529 and from 2013, poz. 613 and 1036.

7) revision of the text of the uniform that Act were announced in the OJ from 2011 No 75, item. 398, no. 85, item. 458, no. 149, poz. 887 and no. 171, poz. 1016.8) revision of the text of the uniform that Act were announced in the OJ of the 2012 POS. 362, 596, 769, 1278, 1342, 1448, 1529 and 1540 and 2013. poz. 21, 888 and 1027.

9) change the text of the uniform that Act were announced in the OJ from 2011 No 102, item. 585, no. 106, item. 134, no. 622, poz. 781, no. 178, poz. 1059, no. 205, poz. 1202 and No 234, poz. 1389 and 1391, 2012. poz. 362, 596, 769, 1010, 1342, 1448 and 1540 and 2013. poz. 21, 613, 888, 1012 and 1027.

10) changes that Bill were announced in OJ 1997 No. 128, item. 840, 1999 Nr 64, poz. 729 and no. 83, item. 931, 2000 No. 48, item. 548, no. 93, item. 1027 and no. 116, item. 1216, 2001 No. 98, item. 1071, 2003, no. 111, item. 1061, no. 121, item. 1142, no. 179, item. 1750, no. 199, poz. 1935 and No 228, item. 2255, 2004 Nr 25, poz. 219, no. 69, poz. 626, no. 93, item. 889 and no. 243, poz. 2426, 2005 No. 86, item. 732, no. 90, item. 757, no. 132, item. 1109, No 163, poz. 1363, no. 178, poz. 1479 and no. 180, item. 1493, 2006 no. 190, poz. 1409, no. 218, item. 1592 and No 226, POS. 1648, 2007 No. 89, item. 589, Nr 123, poz. 850, No 124, item. 859 and no. 192, poz. 1378, 2008 No. 90, item. 560, no. 122, item. 782, Nr 171, poz. 1056, No 173, item. 1080 and no. 214, item. 1344, 2009 No. 62, item. 504, no. 63, item. 533, No 166, item. 1317, no. 168, poz. 1323, no. 190, poz. 1474, no. 201, POS. 1540 and No 206, poz. 1589, 2010 No. 7, item. 46, no. 40, poz. 227 and 229, no. 98, item. 625 and 626, no. 125, item. 842, no. 127, item. 857, no. 152, item. 1018 and 1021, no. 182, item. 1228, no. 225, item. 1474 and no. 240, poz. 1602, 2011 No. 17, item. 78, no. 24, item. 130, no. 39, item. 202, no. 48, item. 245, no. 72, item. 381, no. 94, item. 549, no. 117, item. 678, no. 133, item. 767, no. 160, item. 964, no. 191, item. 1135, no. 217, POS. 1280, no. 233, poz. 1381 and no. 240, poz. 1431, from 2012, poz. 611 and 2013. poz. 849 and 905.

11) change the text of the uniform that Act were announced in the OJ of the 2012 POS. 1101, 1342 and 1529 and from 2013, poz. 35, 985 and 1027.

12) revision of the text of the uniform that Act were announced in the OJ of the 2012 POS. 1385 and 1529 and from 2013, poz. 777.13) amendments to the said Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.14) change the text of the single listed the Bill were announced in OJ 2010 No 40, poz. 224, no. 134, poz. 903, no. 238, item. 1578 and No 257, item. 1726, 2011 No 75, item. No. 398, 149 poz. 887, no. 168, poz. 1001, no. 187, poz. 1112 and No 205, poz. 1203, with 2012 POS. 118, 251, 637, 664 and 1548, and from 2013, poz. 240, 786 and 960.

15) changes that Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.16) change the text of the single listed the Bill were announced in OJ 2010 No. 182, item. 1228, 2011 No 134, poz. 779, no. 199, poz. 1175, No 234, poz. 1391 and no. 291, poz. 1707, from 2012, poz. 1529 and from 2013, poz. 613.17) changes that Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.18) the amendments of the said law were announced in OJ 2001 No. 111, item. 1195, 2002 No. 141, item. 1178 and no. 216, item. 1824, 2003 No. 137, poz. 1303 and No 228, item. 2260, 2004 No. 91, item. 870, 2006 No 157, item. 1119, 2007 No 52, item. 344, 2008 No. 209, item. 1315 and the 2009 No. 127, item. 1050.19) changes that Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.20) the amendments of the said law were published in OJ of 2004 No. 96, item. 959 and No 173, item. 1808, from 2007 the No. 50, item. 331, 2008 No. 171, poz. 1056 and no. 216, item. 1371, 2009. No 201, POS. 1540, 2011 No 85, poz. 459 and no. 134, poz. 779 and 2012 POS. 1445.21) amendments to the said Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.22) changes that Bill were announced in OJ 2006 No 157, item. 1119, 2009 No. 42, item. 341 and 2012 POS. 1385.23) revision of the text of the uniform that Act were announced in the OJ of the 2012 POS. 1166 and 1385 and 2013. poz. 70 and 1012.

24) amendments to the said Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.25) that Changes to the Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.26) change the text of the uniform that Act were announced in the OJ of the 2012 POS. 1385 and 1529 and from 2013, poz. 777 and 1036.

27) changes in the said Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.28) that Changes to the Act were announced in OJ 2010 No. 127, item. 857 and 2011 No. 106, item. 622 and no. 134, poz. 779.29) that Changes to the Act were announced in the OJ of 2011 No. 291, poz. 1707, from 2012, poz. 1166 and 2013. poz. 1036.