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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ACT

of 12 July 2013

amending the Act on Payment Services and certain other laws ^{1), 2)}

Article 1. [ Payment Services Act] In the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175 and No. 291, pos. 1707 and 2012 items 1166) the following amendments shall be made:

1) in art. 1:

(a) the introduction to the calculation is replaced by

'The law sets out the rules for the provision of payment services and the issuing and repurchase of electronic money, including:',

(b) after point 2, the following point 2a is added:

"(2a) conditions for issuing and redeeing electronic money;",

" (3) the rules for the conduct of the business of payment institutions, the payment service offices, electronic money institutions and branches of foreign electronic money institutions, including through agents, and the principles of supervision on these entities. ';

2. in Art. 2:

(a) point 1 shall be replaced by

' (1) agent-natural person, legal person and organisational unit not being a legal person, the law of which is granted legal capacity, acting in the name and on behalf of the payment institution, the office of payment services, the electronic money institution or an external branch of an electronic money institution in the provision of payment services and, in respect of electronic money, in terms of its redemption; ',

(b) the following points 1a and 1b shall be inserted after point 1:

" (1a) the clearing agent, the provider of the payment service, referred to in Article 3 (1) (a) of the Financial Regulation. 3 para. 1 point 5;

(1b) the acceptor, the consignee, other than the consumer, to whom the clearing agent provides a payment service; ',

" (2a) payment service office-a natural person, legal person and an organisational unit which is not a legal person, the law of which grants legal capacity, entered in the register of payment service offices, which carries out activities in the field of service provision the payment referred to in Article 3 para. 1 point 6; ',

(d) point 6 shall be replaced by

" (6) host Member State-a Member State other than the home Member State in which the supplier provides payment services, including through an agent established in that State or by a person in that State the branch, or the publisher of electronic money, shall issue electronic money, including a branch in that State; ',

(e) points 8 and 9 are replaced by the following

' (8) a hybrid electronic money institution-an electronic money institution performing in addition to the issuing of electronic money, payment services or activities referred to in Article 3 (1) of the Financial Regulation. 132j ust. 1 (1) and (2) and (2) 3, other economic activities;

9. a hybrid payment institution-a payment institution which performs in addition to payment services, the issuing of electronic money or the activities referred to in art. 74 par. 1 (1) and (2) and (2) 3, other economic activities; ',

(f) after point 9, the following point 9a is added:

' 9a) a hybrid payment service bureau, a payment service bureau which performs in addition to the payment service referred to in Article 3 (1) of the EC 3 para. 1 point 6, other economic activity; ',

(g) after point 10, the following point 10a is added:

'10a) an electronic money institution-a national electronic money institution and an EU electronic money institution;',

(h) after point 15, the following points 15a and 15b are added:

" 15a) payment card-the card entitled to cash withdrawals or for the lodging of a payment order via the acceptante or the clearing agent, accepted by the acceptante in order to receive the funds due to him;

15b) the national electronic money institution-a legal person who has obtained the authorisation referred to in art. 132a ust. 1, to carry out activities as an electronic money institution; ',

(i) point 17 shall be replaced by

" (17) The home Member State shall be the Member State in whose territory the electronic money supplier or publisher is established, or, where that entity is not established in accordance with the law of the Member State concerned, the Member State in which its principal place of business is situated; ',

(j) points 19 and 20 are replaced by the following

" (19) branch-branch within the meaning of Article 5 point 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2013 r. items 672, 675 and 983), hereinafter referred to as the "Act on the freedom of economic activity", with all branches of the Union's payment institution, the EU electronic money institution and the foreign currency institution situated in the territory of the Republic of Poland is considered to be one branch;

20) a manager-a member of the management board, and, in the case of an entity without a management board, the person responsible for the management of that non-business entity, with a hybrid payment institution or hybrid electronic money institutions-an appropriate member of the management board or the person responsible for managing the activities of such an institution in the field of payment services or issuing electronic money, and, in the case of a hybrid office, payment services-an appropriate member of the management board or a person responsible for the management of the activities of such an office in the payment service; ',

(k) after point 21, the following point 21a is added:

" 21a) electronic money-monetary value stored electronically, including magnetically, issued, with the obligation of redemption, for the purpose of payment transactions, accepted by entities other than the publisher of money only electronic; ',

(l) point 27 shall be replaced by

" (27) payment system-a cash transfer system based on formal and standardised rules and common rules for the processing, settlement or settlement of payment transactions, in particular the payment system in the meaning of Article 1 point 1 of the Act of 24 August 2001. the finality of settlement in payment systems and securities settlement systems and the rules for the supervision of these systems (Dz. U. of 2013 r. items 246), hereinafter referred to as the "Settlement Finality Act"; ',

(m) after point 27, the following points 27a and 27b are added:

" 27a) average value of the electronic money remaining in circulation-the arithmetic average of the financial liabilities of the electronic money issued at the end of each month, calculated on the first calendar day of each month a calendar day during the previous 6 calendar months;

(27b) funds-cash and cash with a reliably determined value and degree of liquidity enabling immediate coverage of the risks or losses of cash obtained from these non-monetary measures; ',

(n) the following point 31a is inserted after point 31:

"31a) an EU electronic money institution-a legal person whose competent supervisory authorities have issued an authorisation to issue electronic money;",

(o) point 35 shall be replaced by

" (35) competent supervisory authorities-authorities other than the Republic of Poland of the Member States entitled under the rules in force in those States to authorise the execution of payment services by Union payment institutions or on the the issuing of electronic money by EU electronic money institutions; ',

(p) after point 35, the following points 35a and 35b are added:

" 35a) the publisher of the payment instrument, the payment service provider referred to in Article 3 (1) of the Financial Regulation. 3 para. 1 point 4;

(35b) foreign electronic money institution-an entity established in a non-Member State, other than a foreign bank, entitled under the law of the country of establishment to issue electronic money; ';

3) in art. 3 in the mouth. 1:

(a) point 3 shall be replaced by

" (3) the execution of the payment transactions referred to in point 2, in the burden of cash made available to the user in respect of the credit and, in the case of a payment institution or electronic money institution, the credit referred to in Article 3 (1) of the Financial Regulation. 74 par. 3 or Article 132j ust. 3; ',

(b) point 5 shall be replaced by

" 5) enabling the execution of payment transactions initiated by or through the acceptante, the payment instrument of the payer, in particular the handling of authorization, the transfer to the publisher of the payment card or payment orders payment of the payer's payment or acceptance to the payment of the funds due to him, excluding the payment and settlement activity of the payment system within the meaning of the settlement finality law (acquiring); ',

" (7) the execution of payment transactions where the payer's consent for the execution of the transaction is provided by means of a telecommunications, digital or IT device and the payment is transferred to the telecommunication service provider, digital or IT, acting only as an intermediary between the user who orders the payment transaction and the recipient. ';

4) in art. 4:

(a) in paragraph. Point 4 shall be replaced by the following:

'(4) the electronic money institution;',

(b) after paragraph. 2 The following paragraph shall be added. 2a and 2b as follows:

' 2a. Electronic money issuance activity and redemption can only be performed by electronic money publishers.

2b. The publisher of electronic money may only be the entity referred to in paragraph 1. 2 points 1 to 4 and 6 to 8, and:

1) a branch of a foreign electronic money institution;

2) a branch of an entity providing in another, than the Republic of Poland, a Member State, in accordance with the law of that State, postal payment services, entitled under the law of that state to issue electronic money and the Poczta Polska Spółka Akcyjna Spó£ka w zakresie, w WHAT recipe art. 13 (1) 1 point 2a of the Act of 5 September 2008. on the commercialisation of the public utility company "Poczta Polska" (Dz. U. No 180, pos. 1109, of 2012 items 1529 and from 2013 items 1036) entitles it to issue electronic money;

3) credit savings and credit cases. ',

" 3. National payment institutions, office of payment services, national electronic money institutions and their branches and agents of those entities performing agency activities in the field of the provision of payment services, branches of foreign institutions electronic money, as well as savings banks and their branches, shall be subject to the register of suppliers and publishers of electronic money, hereinafter referred to as 'the register'. ',

(d) the following paragraph is added 6 and 7 as follows:

" 6. The term "issuing electronic money" for the determination of the business activity performed, including as part of the name (company), or in advertising can only be used by electronic money publishers.

7. The term "electronic money institution" shall be the electronic money institutions and branches of foreign electronic money institutions in the name of the (firm) name. ';

5. in Art. 5:

(a) in paragraph. 2. the introduction to the calculation is replaced by the

' Provisions of Chapters I to III, excluding art. 14a-14c and art. 59, and the provisions of Chapter IX shall apply only in cases where: ',

(b) in paragraph. 3. the following second sentence is added:

' Provisions of art. 14a-14c shall apply to the services performed in each currency. ',

" 4. The provisions of the Act shall apply to the issuance of electronic money in each currency. ',

(d) the paragraph is deleted. 5;

6) in art. 6:

(a) point 8 shall be replaced by

" (8) payment transactions made under the payment system or under the securities settlement system referred to in Article 1 point 2 of the Settlement Finality Act; ',

(b) in point 11 (b) and is replaced by the following

" (a) for the acquisition of goods or services only in the premises of the publishers of those instruments or services of third parties connected with the publisher of a trade agreement, other than the contract for the provision of the payment service referred to in Article 3 para. 1 point 5, ',

" (12) payment transactions carried out using any telecommunication, digital or IT equipment in which the goods or services purchased are supplied to a telecommunications, digital or IT device and are intended to be used by such equipment where the provider of telecommunications, digital or IT services is also providing other services, in particular providing access, distribution or search tools; ';

7) art. 7 and art. 8 are replaced by the following

" Art. 7. 1. Cash received by payment institutions, office of payment services, electronic money institutions and branches of foreign electronic money institutions in connection with the provision of payment services and in exchange for the issuing of payment services Electronic money does not constitute a deposit or other repayable funds within the meaning of the Article. 726 of the Act of 23 April 1964. -Civil Code (Dz. U. No 16, pos. 93, with late. 1. ³⁾).

2. Payment institutions, office of payment services, electronic money institutions and branches of foreign electronic money institutions shall not be able to engage in the activities of the taking of deposits or other cash to reimbursable within the meaning of the Act-Banking law.

3. Cash balances placed on a payment account in a payment institution or in an electronic money institution shall not be interest-bearing or shall not bear any other benefit to the user.

(4) The cash received in exchange for the electronic money being issued shall not be remunerated or may not be used by the holder of electronic money for any other borrowing subject to the period of the holding of electronic money.

Article 8. 1. The provisions of agreements for payment services and electronic money issuance agreements shall not be less favourable to users and holders of electronic money than the provisions of the Act, unless otherwise provided by the law.

2. The provisions of agreements for payment services and electronic money issuance agreements less favourable to users and holders of electronic money than the provisions of the Act are invalid; instead, the relevant provisions of the Act shall apply. ';

8) in art. 9 in the mouth. 2 in point 2 (a) b is replaced by the following

" (b) the suppliers entered in the register, which do not have the authorisation referred to in Article 3 (1) of the EC Regulation. 60 par. 1 or Art. 132a ust. 1; ';

9) in art. 11:

(a) paragraphs 1 is replaced by the following

" 1. For the purposes of professional secrecy concerning the activities referred to in Article 3 para. 1, as a supplier, as well as activities in the issuing of electronic money and activities consisting in the provision of services closely linked to payment services or the issuance of electronic money shall be:

1) managing persons and other persons forming part of the statutory bodies of the supplier or the publisher of electronic money;

2) persons remaining with the supplier or publisher of electronic money in the employment relationship;

3) persons or entities remaining with the supplier or publisher of electronic money in relation to the order or other legal relationship of a similar nature, including the agents of the supplier or the publisher of electronic money, other entrepreneurs making a buy-back electronic money and entities carrying out certain operational activities under the agreement referred to in Article 86 (1) 1 or Art. 132v par. 1;

4. persons or entities remaining in employment, order or other legal relationship of a similar nature with an entity remaining with a supplier or a publisher of electronic money in relation to the relationship referred to in point 3. ',

(b) paragraphs 3.

" 3. Professional secrecy within the meaning of the mouth. 1, includes information concerning the user or the holder of the electronic money in connection with the payment services provided to him, issued to him by electronic money or granted to him by credit in accordance with art. 74 par. 3 or Article 132j ust. 3, including the identification of the user's payment account and the state of that account, as well as other information related to payment transactions and concluded with the user or the holder of electronic money contracts, if unauthorised disclosure such information could jeopardise the legitimate interest of the user or the holder of the electronic money to whom this information relates. ';

10) in art. 12 in the mouth. 1:

(a) point 1 shall be replaced by

" (1) the supervising authority or the control of the supplier or the publisher of electronic money in relation to the supervision or control activities; ',

(b) points 3 and 4 are replaced by the following

" (3) other suppliers, publishers of electronic money, users or holders of electronic money, in the framework of the provision of payment services or the issuance of electronic money, in accordance with the payment order received or the contract entered into;

4. the user or the holder of the electronic money to whom this information is concerned, expressed in writing. ';

11) after art. 12 The following Article shall be inserted. 12a as follows:

" Art. 12a. 1. The publishers of payment instruments may exchange information between themselves on the users with whom the payment instrument contract has been terminated because of its improper performance by the user.

2. The information referred to in paragraph. 1, include an indication of the cause of termination of the contract and

1) in the case of a user who is a natural person:

(a) first and last name,

(b) the PESEL number;

2) in the case of a non-physical person:

(a) the name (s), registered office and address,

(b) The Tax Identification Number.

3. The information referred to in paragraph. 1, may make available to publishers of payment instruments and to collect for that purpose an institution established on the basis of art. 105 (1) 4 of the Act-Banking law.

4. The clearing agents shall be obliged to exchange among themselves information on the acceptances with which the payment service contract specified in art. 3 para. 1 point 5 was disbanded due to her improper performance by the acceptante.

5. The clearing agent shall be obliged to make available the information referred to in paragraph 1. 4, the publishers of the payment instrument at his/her request.

6. The information referred to in paragraph. 4, include an indication of the cause of termination of the contract and

1) in the case of acceptanta being a natural person-the data referred to in the paragraph. 2 point 1;

2) in the case of acceptanta not being a natural person-the data referred to in the paragraph. 2 point 2.

7. The period of storage of the information referred to in paragraph. 1 and 4, shall not exceed 5 years from the date of termination of the contract.

8. The publisher of the payment instrument and the clearing agent who, in connection with the conducted activities, have learned of the commission of a criminal offence, shall be obliged to immediately inform the bodies set up for the prosecution of these offences. The notification shall be accompanied by the necessary information or documents, in particular the information referred to in paragraph 1. 1 and 4. ';

12) art. 14 is replaced by the following

" Art. 14. Supervision of the execution of payment service activities and the issuance and redemption of electronic money in accordance with the Act, and in the field of payment services in euro-also in accordance with Regulation (EC) No 146ance of the European Parliament and of the Council 924/2009 of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 (Dz. Urz. EU L 266, 09.10.2009, p. 11, of late. zm.) and Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012. laying down technical and commercial requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (Dz. Urz. EU L 94 of 30.03.2012, p. 22):

1) by the entities referred to in art. 4 par. 2 points 1 to 3, 5 and 9 shall be exercised by the competent authorities responsible for the supervision of those entities;

2) by the entities referred to in art. 4 par. In the case of Union payment institutions and Union electronic money institutions, the Commission shall, in accordance with the provisions of Article 2 (2), (6), (2), (6) and (10), and by branches of foreign electronic money institutions, exercise the Financial Supervision Commission, hereinafter referred to as " only as far as the law is concerned. ';

13) after art. 14 The following Article shall be inserted. 14a-14d as follows:

" Art. 14a. 1. The clearing agent is obliged to provide NBP with quarterly information covering:

1) the number of acceptances, for which it provides the payment service referred to in art. 3 para. 1 point 5, and the number of devices used by them to accept payment instruments;

2) the number and value of the executed payment transactions covered by the payment service referred to in Art. 3 para. 1 point 5;

3) the number and value of executed payment transactions infringing the provisions of law or fair trading rules and the amount of losses caused by the clearing agent and acceptances.

2. The information referred to in paragraph. 1, shall be transmitted by state at the end of the last day of the month ending the quarter or for the period of the quarter, by the end of the month following the end of the quarter to which they relate.

3. NBP transfers the KNF the data referred to in the paragraph. 1 point 3, as soon as they are received.

Article 14b. 1. The issuer of the payment instrument is obliged to provide NBP with quarterly information covering:

1) the type and number of payment instruments issued;

2) the number and value of payment transactions executed with the use of issued payment instruments;

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

(4) the number and value of payment transactions issued in respect of payment transactions which infringe the provisions of law or the rules for fair trading and the amount of losses caused by payment transactions.

2. In the information provided in accordance with the paragraph. The information on payment instruments on which electronic money issued by another entity is stored separately shall be provided separately. This information shall include:

1) the type and number of payment instruments issued;

2) the number of devices accepting the issued payment instruments and the number of devices enabling the power of such instruments to be sown;

3) the number and value of payment transactions executed with the use of issued payment instruments;

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

(5) the number and value of payment transactions issued in respect of payment transactions which infringe the provisions of law or the rules for fair trading and the amount of losses caused by payment transactions.

3. The information referred to in paragraph. 1 and 2, shall be transmitted by state at the end of the last day of the month ending the quarter or for the period of the quarter, by the end of the month following the end of the quarter to which they relate.

4. NBP transfers the KNF the data referred to in the paragraph. 1 point 4 and paragraph. Article 2 (5), as soon as they are received.

Article 14c. 1. The publisher of electronic money is obliged to provide NBP with quarterly information on the value of the issued electronic money left in circulation.

2. If the publisher of electronic money issues the payment instrument at the same time as the electronic money issued by him, the information referred to in paragraph 1 shall be issued by electronic money. 1, they shall additionally include information on those instruments within the scope set out in the Article. 14b par. 2.

4. NBP transfers the KNF the data referred to in art. 14b par. 2 point 5, communicated in accordance with the paragraph. 2. immediately after they have been received.

Art. 14d. The Minister responsible for financial institutions, after consulting the President of the National Bank of Poland, will determine, by means of the regulation, the detailed scope of the information referred to in art. 14a-14c, transferred to the National Bank of Poland and the means of implementing their obligation to transmit them, guided by the need to provide the National Bank with access to the data necessary to make periodic cash settlement assessments. ";

14) in art. 15 para. 1-4 are replaced by the following:

" 1. The user or holder of an electronic money may bring a complaint to the supervising authority or the publisher of electronic money for the operation of that supplier, the publisher of electronic money or the agent of such an entity, if This action violates the law.

2. The authority referred to in paragraph 2. 1, shall also be entitled to natural persons, legal persons and non-legal organisational entities to which the Act grants legal capacity which is refused to provide payment services or the issuance of electronic money, and consumer organisations.

3. The body referred to in paragraph 1. 1, when responding to a complaint concerning a civil-law dispute, shall inform the complainant of the out-of-court dispute settlement procedures, including the competent arbitration courts.

4. If the provider or the publisher of electronic money cannot be determined by the supervising authority, the complaint shall be made directly to that supplier or the publisher; the provision of the paragraph shall be made. 3 shall apply mutatis mutandis. ';

15) art. 16 is replaced by the following

" Art. 16. Supplier and non-consumer may agree that the provisions of this chapter, with the exception of art. 32a, shall not apply in whole or in part. ';

16) in art. 17 para. 3.

" 3. If the supplier, in accordance with the mouth. 2, shall be entitled to charge for the transmission of information, those fees may not exceed the costs incurred by the supplier in connection with their transfer. ';

17) in art. 19 in the mouth. 1 in point 1 (c) and is replaced by the following

" (a) the possible means of using the payment instrument, including the information referred to in Article 4 (1) of the EC Regulation. 32a, ';

18) in art. 28 after the mouth. 1 The paragraph shall be added. 1a as follows:

' 1a. The clearing agent is obliged to pass on to the acceptante, upon his request, information on the fees charged to the acceptante. The information shall include data on the amount of the fees and their structure, as well as the description of all the components, including those of the clearing agent and other entities, together with an indication of their amount. Article Recipe 26 par. 1 shall apply mutatis mutandis. ';

19) after art. 32 The following Articles shall be inserted. 32a as follows:

" Art. 32a. The publisher of the payment card shall inform the user of the manner of marking of acceptances and ATMs and other places where payment transactions may be made using the payment card. ';

20) in art. 36 ust. 2.

" 2. The amount of the fees referred to in Article 50 par. 3 and art. 51 (1) 6, specifies the user agreement with the vendor. The fees may not exceed the costs incurred by the supplier in connection with the notification referred to in Article 50 par. 2, or in connection with the cancellation of the order by the user. ';

21) after art. 39 The following Articles shall be inserted. 39a as follows:

" Art. 39a. 1. In the event of the death of a user who is a party to the contract involving the issue of a payment instrument or the holding of a payment account, the supplier, in the unregulated scope of the Act-Banking law and the Law on Cooperative Casuals credit-saving, it is obliged to withdraw from this instrument or account:

1) the amount spent on the cost of the funeral of the user to the person who submitted the accounts stating the amount of the incurred expenses, in the amount not exceeding the costs of the funeral device in accordance with the customs practices adopted in the given environment;

(2) an amount equal to the payment to the payment instrument or the payment account by the paying authority of the insurance or social security or salary in a state of resting which did not have a post-death payment. the user, as indicated in the application of the paying authority, the benefit or salary addressed to the supplier, including the identification of the payment instrument or the payment account for which the payment is made.

2. The supplier shall be exempt from payment of the full or partial amount referred to in the paragraph. 1 point 2 if, prior to the receipt of a request from the paying authority, the payment or salary has been made from a payment instrument or a payment account to other persons who have been complicit in a contract involving the issuing of a payment instrument or a carrying out of the payment of payment the payment account, which does not allow the application to be carried out in whole or in part.

3. The supplier, at the written request of the body paying the benefit of social security or pension provision or salary in the state of rest, shall be obliged to draw up and transfer the data enabling the person to be identified complicit in a contract involving the issuing of a payment instrument or the holding of a payment account for which the benefits or salary have been transferred for the period after the death of the operator. The data transmitted may include only the name, the PESEL number and the address of the place of residence of the co-author. ';

22) in art. 46 (1) 6 is replaced by the following

" 6. The provisions of the paragraph 1-5 shall not apply to electronic money if the payer's supplier is not able to block a payment or payment instrument. ';

23) in art. 52 par. 5.

" 5. The Minister responsible for public finance may determine, by means of a regulation, detailed conditions for the charging of public-law payments, which constitute the revenue of the State or of the units in the budget local government, using the payment card, guided in particular by the need to transfer the full amount of a given public debt to a designated bank account and taking into account the specificity of these payments. ';

24) after art. 55 the following Articles shall be inserted. 55a and art. 55b as follows:

" Art. 55. 1. In the scope of payment transactions in the entirety executed on the territory of the Republic of Poland in the Polish currency, concerning receivables to which the provisions of the Act of 17 December 1998 apply. o pensions from the Social Insurance Fund (Dz. U. 2009 r. No. 153, pos. 1227, of late. 1. ⁴⁾), the provision of the Article shall not apply. 54 para. 2.

2. In the event of failure to comply with the deadline for execution of the payment transaction referred to in Art. 54 para. 1, in respect of the claims referred to in paragraph 1. 1, the supplier shall be obliged to pay to the benefit of the holder of statutory interest.

3. To the liability of the supplier for the failure to comply with the obligation laid down in art. 54 para. 1, concerning the amounts receivable referred to in paragraph 1. 1, the provision of art shall apply mutatis mutandis. 85 (1) The second sentence of the Act of 13 October 1998 (1). o Social Security System (Dz. U. 2009 r. Nr 205, pos. 1585, as of late. 1. ⁵⁾).

Article 55b. In the field of payment transactions consisting of transfers of funds for social security contributions and health insurance and other contributions and payments to which the Social Insurance Institution is required to collect, no an Article shall be applied. 54 para. 2. ';

25. in Chapter III, the following Chapters 5 and 6 are added:

' Chapter 5

Payment cards

Article 59a. The contract shall, in so far as it covers the issuing of the payment card, determine whether the card is issued to a bearer or to a designated person.

Article 59b. When making a payment using a payment card identifying the person authorized to use it, the person using the card shall be obliged to show the acceptance, at his/her request, of a document confirming her identity.

Article 59c. 1. The user may withdraw from the contract to the extent that it covers the issuing of the payment card, within 14 days from the date of receipt for the first time of the payment card under this contract, if he has not executed any payment transaction using this cards.

2. In the case of withdrawal from the contract in accordance with the paragraph. 1 the publisher of the payment card shall reimburte the user the amount of charges incurred. The publisher of the payment card may charge the user with the costs related to the issuance of the payment card to the extent provided for in the contract.

Article 59d. 1. The user may authorize the publisher of the payment card to exercise his or her rights as a victim of criminal proceedings.

2. The publisher of the payment card is obliged to act with the utmost care.

3. The publisher of the payment card may exercise the rights of two or more disadvantaged in criminal proceedings, if their interests do not remain at odds.

Chapter 6

Rights and obligations of the acceptante and the clearing agent

Art. 59e. Acceptance of the acceptance of payment by the acceptante may take place in the case of:

1) the expiry of the period for which it is possible to use the instrument of payment;

2) the blocking of the payment instrument;

3) the non-conformity of the signature of the person authorized to use the payment instrument on the payment instrument identifying such person with the signature on the charge document;

4) refusal to show the document stating the identity in the case referred to in art. 59f ust. 1;

5. determining the use of an instrument of payment by an unauthorised person;

6) lack of possibility to accept payment transaction.

Article 59f. 1. In the case of reasonable doubt, the acceptor may require the person using the payment card to identify the person authorised to use the payment card to prove the identity of the person who is authorised to use the card.

2. The acceptor may stop the payment instrument in the case referred to in art. 59e points 1-3 and 5, and in addition, in the case of receipt from the clearing agent, to stop the payment instrument.

3. The acceptor and the clearing agent are required to establish and comply with the security procedures, in particular, the acceptor shall not be able to provide persons with unauthorised data about the user and the person authorized by him to use the card The payment instrument must be prevented or copied from the payment instrument.

Art. 59g. An acceptant shall mean the place where he operates, in such a way as to make it possible to determine unambiguable, using which payment instruments it is possible to carry out a payment transaction in the course of his business, in In particular, it indicates the scope of the payment cards

Art. 59h. The clearing agent shall consider complaints relating to payment transactions, the execution of which has been refused by the publisher. In the case of payment transactions initiated on the territory of the Republic of Poland, the consideration of the complaint may not last more than 90 days from the date of its service to the clearing agent.

Article 59i. The acceptor may authorize the clearing agent to exercise his or her rights as a victim of criminal proceedings. The provisions of Article 4 59d (d) 2 and 3 shall apply mutatis mutandis. ';

26. the following Chapter IIIa is inserted after Chapter III:

' Division IIIa

Issuing and repurchase of electronic money

Article 59j. Electronic money publishers shall be required to issue electronic money immediately at their nominal value at the time of receipt of the cash earmarked for this purpose.

Article 59k. 1. The electronic money issue agreement sets out the conditions for the buy-back of electronic money, including the fee for its redemption, unambiguly and in a manner that is understandable.

2. The electronic money publisher shall be obliged to provide a clear and comprehensible information on the conditions for the purchase of electronic money no later than on the submission of the proposal for a conclusion of the contract.

Article 59l. 1. The publisher of electronic money shall be required to buy, at the request of the holder of electronic money, an electronic money buyout at all times, at par value.

2. The payment of electronic money shall be made for cash other than electronic money.

3. An electronic money holder may request the purchase of electronic money:

1) before the termination of the contract referred to in art. 59k ust. 1-whole or in part;

2) after the termination of the contract referred to in art. 59k ust. 1-whole.

4. In the case referred to in paragraph. 3 point 2 where the publisher of electronic money also carries out an economic activity other than that of issuing electronic money or the provision of payment services and the provision of ancillary services closely linked to such an activities, or other than the operation of payment systems, or the provision of loans for the execution of a payment transaction in connection with the execution of payment services and cannot determine the proportion of the funds transferred to it to be used for issuing electronic money, the payment is subject to all measures cash subject to a user's request for an amount not previously covered by the user's submitted payment orders.

Art. 59m. 1. The publisher of electronic money may charge a fee for the buyout of electronic money only where the contract provides for the contract, and:

1) in the contract the date of its expiry was indicated, and the e-money holder dissolved the contract before that date;

2. the holder of the electronic money has requested the purchase of electronic money in its entirety before the expiry of the contract or after the expiry of the year from the date of its expiry.

2. The fee referred to in paragraph. 1, may not exceed the costs incurred by the publisher of electronic money in connection with the enabling of the buy-back.

3. The provisions of the paragraph. 1 and 2 do not exclude the possibility for the publisher of electronic money to deduc from the amount of the payment transaction due to the tax liability.

Article 59n. An electronic money publisher and a non-consumer entity that accepts electronic money may set the terms of the e-money buyback other than those specified in the Article. 59l (1) 3 and 4 and Art. 59m (1) 1 and 2.

Art. 59o. A claim for an electronic money buyout shall expire 5 years from the date of expiry of the electronic money agreement.

Art. 59p. The issuing of electronic money shall not be followed by agents or by other entities. ';

27) in art. 60 the following paragraph shall be added. 3 as follows:

" 3. Issue of an authorisation covering the provision of services referred to in Article 3 para. The President of the NBP shall, after consulting the President of the NBP, be consulted. ';

28) in art. 61 in the mouth. 1:

(a) point 6 shall be replaced by

" (6) a description of the risk management and internal control system referred to in Article 6. 64 par. 1 point 3; ',

(b) point 7 is deleted;

" (8) the identity of the managers and persons who, directly or indirectly, hold a qualifying holding in a company or cooperative intending to carry out payment services, with an indication of the size of the holding to them a holding or holding;

9. the documents and information to assess whether the applicant and the persons referred to in point 8 give a guarantee of the prudent and stable administration of the payment institution, in particular:

(a) documents enabling the assessment of whether the managers have the education and professional experience necessary for the management of the payment service activities,

(b) information relating to the conviction for a criminal offence or a tax offence, whether or not conditionally terminated and to be punished by disciplinary proceedings, as well as other completed administrative and civil proceedings, the applicants or persons referred to in point 8,

(c) information on pending criminal proceedings in cases of intentional crime, except for offences involving private prosecutions, proceedings for a treasury offence, as well as on ongoing proceedings administrative, disciplinary and civil proceedings against the persons referred to in point 8, or those relating to the activities of such persons or of the applicant; ';

29) after art. 61 The following Article shall be inserted. 61a as follows:

" Art. 61a. If the applicant intends to provide payment services as referred to in Article 3 para. 1 point 5, KNF immediately transfers the NBP the application together with the annexes referred to in art. 61 (1) 1, for the issue by the President of the NBP of the opinion referred to in art. 60 par. 3. ';

30) in art. 64 in the mouth. Point 3 shall be replaced by the following:

" (3) ensuring the prudent and stable management of the activities covered by the application for authorisation and the fulfilment of the obligations of counteracting money laundering and terrorist financing, in particular by having a system the risk management and internal control relevant to the type, scale and complexity of the payment services provided; ';

31) after art. 64 shall be inserted. 64a as follows:

" Art. 64a. 1. The risk management and internal control system referred to in Article 4 64 par. In point 3, they shall enter:

1) organizational solutions:

(a) the organisational structure and decision-making procedures covering the full range of activities carried out,

(b) rules and procedures for the fulfilment of the obligations of the institutions within the meaning of Article 2 point 1 of the Act of 16 November 2000. anti-money laundering and the financing of terrorism (Dz. U. of 2010 Nr 46, pos. 276, of late. 1. ⁶⁾), hereinafter referred to as "the anti-money laundering act";

2) the principles of risk management:

(a) the principle of risk assessment, in particular the risk of loss of liquidity in the event of the granting of the credit referred to in Article 74 par. 3, or in the case of carrying out other economic activities in addition to the provision of payment services,

(b) procedures for the identification of risks, its measurement, estimation, monitoring and risk information, as well as a risk mitigation procedure;

(3) internal control covering:

(a) an internal audit,

(b) to examine the compliance of its activities with the Act, the anti-money laundering rules and the financing of terrorism and internal regulations;

4. description:

(a) the rules governing the handling of funds received from users for the execution of payment transactions in accordance with Article 78,

(b) the procedures for dealing with complaints

2. The organisational solutions referred to in paragraph 1. In the description referred to in paragraph 1, point 1 should be included in particular in the description referred to in paragraph 1. 1 point 4.

3. The internal control referred to in paragraph 3. Article 1 (1), in particular, shall include procedures for the control of the execution of payment transactions, as well as the control of the operations of agents of the national payment institution and of the entities entrusted with the performance of certain operational activities.

4. The payment institution shall verify on an ongoing basis and shall periodically assess the way in which the risk management and internal control system functions. ';

32) in art. 65:

(a) points 1 to 3 are replaced by the following

" (1) the applicant or the persons referred to in Article 61 (1) Article 1 (8) does not provide a prudent and stable management of the payment institution,

2) the applicant does not have the initial capital or funds earmarked for own funds in the amount required by the Law,

3) the risk management and internal control system referred to in art. 64 par. Article 1 (1) does not ensure a prudent and stable management of the activities covered by the application for authorisation and the proper fulfilment of the obligations relating to the anti-money laundering and financing of terrorism, ',

(b) point 5 shall be replaced by

"(5) the financial plan or programme of activities does not ensure the ability of the national paying authority to perform the obligations arising from the activities covered by the application for authorisation,",

33) in art. 68 par. 1 and 2 are replaced by the following:

" 1. Where the activities of a hybrid payment institution in respect of the non-provision of payment services or the issuance of electronic money violate or are likely to affect the financial stability of that payment institution, or could be limited by the possibility of exercising supervision, the KNF may, by decision, order a hybrid payment institution legal and organisational separation of payment service activities and in the scope of issuing electronic money by creating a new the entity that will carry out those activities.

2. In the decision referred to in paragraph. 1, KNF:

1) set a deadline for the creation of a new entity, which will carry out activities in the field of payment services or in the scope of issuing electronic money, not less than 3 months;

2. it may specify the conditions for the way in which payment services are extracted or for the issuing of electronic money. ';

34) in art. 69:

(a) in paragraph. Point 4 shall be replaced by the following:

'(4) the payment institution, continuing to operate in the field of payment services or issuing electronic money, would be a threat to the stability of the payment system;',

(b) paragraphs 3.

" 3. Where the interest of users or holders of electronic money so requires, the decision to withdraw the authorisation of the KNF may specify the time and conditions for the institution to cease the provision of payment services or the issuance of electronic money by the institution. payment. ';

35) after art. 73 the following Articles are inserted. 73a-73e, as follows:

" Art. 73a. 1. The national payment institution holding initial capital at a rate of not less than the equivalent in the currency of the Polish currency of EUR 125 000 shall be entitled to issue electronic money. The national payment institution issuing electronic money may also provide services that are closely linked to its issuing.

2. The National Paying Institution may issue electronic money exclusively on the territory of the Republic of Poland.

3. The national payment institution shall provide the KNF, in writing, with a notice of intention to carry out the issuance of electronic money, together with:

1) an application for entry in the register of information on the issuance of electronic money;

2) complementing the programme of activities and the financial plan referred to in art. 61 (1) Article 1 (4), information on the planned average value of electronic money remaining in circulation during the period remaining until the end of the programme period; this information shall also be provided in the business programmes and financial plans for the subsequent periods.

4. The average value of electronic money remaining in circulation issued by a national payment institution calculated for a given calendar month may not exceed the equivalent in the Polish currency of the amount of 5 000 000 euro established at the application of the average rate announced by the NBP in force on the last day of the month preceding that month. For national payment institutions starting with the issuance of electronic money during the first 6 months of the issuance of electronic money, this value shall be calculated on the basis of the average value of electronic money remaining in circulation as defined in the programme of activities and financial plan in accordance with paragraph 1. 3 and resulting from the issuance of electronic money.

5. Where the national payment institution is engaged in payment services not connected with the issuing of electronic money or the activities referred to in Article 3 (1) of Regulation (ECB) (i), 74 par. 1 and 3, and the value of the electronic money remaining in circulation is not known in advance, the KNF agrees to its calculation on the basis of a representative part of the financial commitments, if it considers that such a representative part of the liabilities financial data can be estimated on the basis of existing data.

Article 73b. 1. The national payment institution, which issues electronic money, shall communicate the following information to the NF:

(1) the average value of electronic money remaining in circulation, within the 15th day of each month, to which it is established;

2. the total amount of electronic money in circulation, issued by that institution, as at 31 December of each calendar year, by 31 January of the following year.

2. In the event of a breach of the obligation referred to in paragraph. Article 1 (1), if the amount of electronic money remaining in circulation exceeds the amount specified in the Article. 73a ust. 4, KNF may impose a penalty payment on the national payment institution not exceeding PLN 500 for each day of delay, but not more than PLN 100 000; the provisions of art. 105 (1) 2, 4 and 5 and Article 116 shall apply mutatis mutandis.

Article 73c. 1. Where the amount referred to in Article is exceeded. 73a ust. 4, the national payment institution shall lose its power to issue electronic money within 30 days of the last day of the overrun period, unless it has adjusted the size of the business in question within that period. issuing electronic money to the requirement referred to in art. 73a ust. 4.

2. If, within the time limit referred to in paragraph 1, 1, the national payment institution shall apply for authorisation to operate as a national electronic money institution as referred to in Article 3. 132a ust. 1, the provision of the paragraph. 1 shall not apply until such time as the application is identified. However, the national payment institution shall be obliged to adjust the size of the electronic money issuing business to the requirement referred to in Article 4. 73a ust. 4, within a period of 3 months from the end of the period during which the overrun occurred. In the event of refusal of the authorisation referred to in Article 132a ust. 1, or remission of the proceedings, the time limit for the loss of the power to issue the electronic money referred to in paragraph. 1, runs from the day on which the decision to refuse authorisation referred to in art. 132a ust. 1, or the remission of proceedings has become final.

3. The loss by a national payment institution of the power to issue electronic money shall not affect the performance of its obligations and obligations relating to pre-issued electronic money.

Article 73d. The national payment institution shall be obliged to protect the cash received in exchange for electronic money issued under the rules laid down in Article 3. 132n. Provisions issued on the basis of art. 132o and art. 132p shall apply mutatis mutandis.

Art. 73e. The NF shall inform the European Commission of the number of national payment institutions issuing electronic money and of the total amount of electronic money left in circulation, issued by those institutions, as at 31 December each calendar year. ';

36) in art. 74:

(a) in paragraph. 1 the introduction to the calculation is replaced by the following

'The national payment institution may also:',

(b) paragraphs 2.

" 2. The provision by the national payment institution of a currency conversion service in the context of the execution of a payment transaction or the issuance of electronic money shall not constitute a canton activity within the meaning of the Article. 2. 1 point 19 of the Law of 27 July 2002. -Law of foreign exchange (Dz. U. 2012 r. items 826). ',

' In connection with the execution of payment services, the national payment institution may grant a loan for the execution of a payment transaction (payment credit) only for the purpose of providing the payment services referred to in Article 3. 3 para. 1 points 3 to 5 and 7, and provided that the loan is not granted: ';

37) art. 75 is replaced by:

" Art. 75. The national payment institution shall keep the documents relating to the provision of payment services and the electronic money issuing business for a period of at least 5 years from the date of their manufacture or receiving. ';

38) in art. 76:

(a) in paragraph. 2:

-point 2 is replaced by the following:

"(2) capital from the revaluation of tangible fixed assets;",

-in point 3, the period shall be replaced by a semicolon and the following point 4 shall be added:

" (4) profit at approval and net profit of the current reporting period, calculated in accordance with the accounting rules in force, less any expected charges and dividends, in amounts not greater than the amount of profit verified by statutory auditors. ',

(b) after paragraph. 3 The paragraph shall be added. The following shall be added:

' 3a. The share of non-cash resources in financial resources to cover the own funds of the national payment institution shall not exceed 20%. ';

39) in art. 77 in the mouth. Point 1 shall be replaced by the following:

' (1) belongs to the same group as the other national payment institution, the national bank, the branch of the foreign bank, the branch of the credit institution, the national electronic money institution, the branch of the foreign electronic money institution, the company investment, the asset manager or the insurance undertaking, ';

40) in art. 78:

(a) paragraphs 3.

" 3. The agreement of the bank guarantee or insurance or insurance contract shall include the reimbursement by the guarantor or insurance undertaking of the payments made by the users in the event of the non-execution or non-performance of the payment transaction resulting from the agreements for the provision of payment services by the national payment institution up to the amount of the payment made. ',

(b) paragraphs 5.

" 5. A national payment institution applying the requirements set out in paragraph 1. 2 shall be obliged to submit to the KNF the documents proving the conclusion of the next guarantee or insurance contract covering the entire period of business, before the expiry of the period of validity of the previous contract. ';

41) in art. 80 par. 1 and 2 are replaced by the following:

" 1. In the event of initiation of enforcement proceedings against the national payment institution, the cash on the payment accounts and the accounts referred to in Article 4 (1) of the Financial Regulation. 78 par. 1, shall be free from seizure on the basis of court or administrative enforcement title.

2. In the event of a declaration of bankruptcy of the national payment institution, the cash on the payment accounts and the accounts referred to in Art. 78 par. 1, shall be exempted from the mass of bankruptcy. ';

42) in art. 83 in the mouth. Point 1 shall be replaced by the following:

"(1) the value of the financial resources held;";

43) in art. 84 after the mouth. 1 The paragraph shall be added. 1a as follows:

' 1a. The national payment institution may purchase electronic money through agents or other economic operators. ';

44) in art. 86:

(a) paragraphs 1 is replaced by the following

" 1. The national payment institution may, on the basis of a contract concluded in writing with another trader, entrust that undertaking to carry out certain operational activities relating to the provision of payment services or to activities in the the scope of issuing electronic money. ',

(b) paragraphs 4.

" 4. An operational activity shall be considered to be significant if its non-performance or improper performance could seriously jeopardise the continuity of the compliance by the national payment institution of the requirements upon which the authorisation was granted, or the execution of other obligations imposed on a payment institution by the law, or would endanger its financial results, the accuracy or continuity of the payment services it provides or the exercise of the activity of issuing money electronic. ",

"(1) lead to the cessation of the actual provision of payment services or the exercise of electronic money issuing activities by a national payment institution;";

45) in art. 88:

(a) paragraphs 1 is replaced by the following

" 1. The national payment institution for the provision of payment services and the exercise of electronic money issuance activities shall be liable to the users or holders of electronic money for the activities of its agents and other traders, through which it provides payment services or makes a purchase of electronic money, and entities performing operational activities on the basis of the agreement referred to in art. 86 (1) 1, as for its own actions. ',

(b) paragraphs 3.

" 3. Liability of the agent and other economic operator through which the national payment institution provides payment services or the buy-back of electronic money, and the entity performing the operational activities under the contract, of which Article 86 (1) 1, to the national payment institution for damage caused to users or holders of electronic money as a result of the non-execution or improper performance of the contract referred to in art. 84 (1) 2, the contract on the basis of which another trader shall buy the electronic money or the contract referred to in art. 86 (1) 1, cannot be disabled or reduced. ";

46) art. 89 is replaced by the following

" Art. 89. National payment institutions shall ensure that branches in which they operate, as well as agents and other economic operators through which they provide payment services or buy out electronic money, inform them in a manner that is not reliable users or e-money holders of this fact. ';

47) after art. 98 The following Article shall be inserted. 98a as follows:

" Art. 98a. In the case of a provision by the Union payment institution of a currency translation in the context of the execution of a payment transaction or the issuance of an electronic money issue, the provision of the Article 74 par. 2 shall apply mutatis mutandis. ';

48) in art. 99:

(a) paragraphs 1 is replaced by the following

" 1. Payment service activities and electronic money issuance activities carried out by national payment institutions, including their agents and other economic operators, through which the national payment institution provides payment services or the buy-back of electronic money, and entities performing certain operational activities on the basis of the agreement referred to in Article 86 (1) 1, shall be subject to supervision by the KNF, to the extent and under the conditions laid down in this Act and in the Act on Supervision of the Financial Market, hereinafter referred to as "the supervision". ',

(b) in paragraph. Points 2 and 3 are replaced by the following:

" (2) ensure that the activities of the national payment institutions are compatible, including those of their agents and other traders through which the payment service is provided by the national payment institution or by the payment of money electronic, and entities performing certain operational activities under the agreement referred to in art. 86 (1) 1, with the provisions of the Act, of Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009. on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 and Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 (OJ L L thereof, p. 1). laying down technical and commercial requirements for credit transfers and direct debits in euro, and amending Regulation (EC) No 924/2009 and the authorisation referred to in Article 60 par. 1;

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

49) in art. 100:

(a) point 2 shall be replaced by

"2. examination of the quality of the management of the national payment institution, including the system of risk management and internal control.",

(b) point 3 is deleted;

50) in art. 102:

(a) in paragraph. 1 in point 3:

-lithium. and is replaced by the following

" (a) ensuring compliance of the activities of the national paying authority with the provisions of the Act, Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009. on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 and Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 (OJ L L thereof, p. 1). laying down technical and commercial requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009, ',

-lithium. e is replaced by the following

"(e) to take the measures necessary to prevent any breach of the interests of users or of electronic money holders;",

(b) paragraphs 2.

" 2. The KNF may issue recommendations on good practice of prudent and stable management of national payment institutions with a view to protecting the interests of users or holders of electronic money. ';

51) in art. 105 in the mouth. 1 the introduction to the calculation is replaced by the following

' Where it is found that the national payment institution does not perform or does not wrongly perform the obligation to provide the information referred to in Article 4. 102 (1) 1 point 1, or the transmission of the data referred to in Article 102 (1) Article 1 (2) does not make the recommendations referred to in Article 1 (2) within the prescribed time limit. 102 (1) Article 1 (3), makes it difficult or impossible to carry out the checks referred to in Article 1 (3). 103, or does not execute the injunctions referred to in art. 102 (1) 1 points 4 and 5, and when the activities of a national payment institution are executed in breach of the law or threaten the interests of users or holders of electronic money, the KNF may: ';

52) in art. 113 (1) 2 and 3 are replaced by the following:

" 2. For the payment transactions of national payment institutions providing only the payment service referred to in Article 3 para. 1 point 6, or the payment service referred to in Article 3 para. 1 point 7, a rate not exceeding 0,05% shall be applied.

3. To payment transactions executed with payment instruments issued under the payment service referred to in art. 3 para. 1 point 4, or to payment transactions executed within the payment service referred to in Article 3 para. 1 point 5, a rate not exceeding 0,0025% shall be applied, irrespective of whether the supplier is carrying out a payment account for the user and on the type and number of acts undertaken by the supplier for the purpose of carrying out the transaction. ';

53) in art. 118 (1) 1 is replaced by the following

" 1. Payment service activity as a payment service bureau is a regulated activity within the meaning of the provisions of the Act on the freedom of economic activity. ';

54) art. 119 is amended as follows:

" Art. 119. Payment service activities in the nature of the payment service bureau may be carried out upon entry in the register of payment service offices. ';

55) in art. 125:

(a) paragraphs 3.

" 3. The agreement of the bank guarantee or insurance or insurance contract shall include the reimbursement by the guarantor or insurance undertaking of the payments made by the users in the event of the non-execution or non-performance of the payment transaction resulting from the agreements for the provision of payment services by the payment service bureau, up to the amount of the payment made. ',

(b) paragraphs 6 is replaced by the following

" 6. The payment service bureau is obliged to deposit in the KNF a document confirming the conclusion of the first bank guarantee or insurance contract or the first insurance contract, within 7 days from the date of conclusion of such a contract, and then submit to KNF documents proving each time a subsequent bank guarantee or insurance contract or an insurance contract is concluded before the expiry of the period of validity of the previous agreement, within 7 days from the date of its conclusion. ',

' 8a. The Minister responsible for the financial institutions shall determine, by means of a regulation, the model forms of the bank guarantee agreement and the insurance guarantee contract referred to in paragraph 1. 2, guided by the need to take into account the necessary elements of the contract. ';

56. the following Chapter VIIa is inserted after Chapter VII:

' Division VIIa

Electronic money institutions and branches of foreign electronic money institutions

Art 132a. 1. The issuing of electronic money and the provision of payment services as a national electronic money institution shall be subject to the authorisation of the KNF.

2. The permit referred to in paragraph 2. 1, may be issued to a legal person based in the territory of the Republic of Poland, at its request.

3. The application for authorisation referred to in paragraph 1 shall be added to the application for authorisation. 1, the provision of art shall apply mutatis mutandis. 61 (1) 1 and provisions issued on the basis of art. 61 (1) 3, except that the planned average value of the electronic money remaining in circulation is reported in the programme of activity and financial plan.

4. To the applicant and the national electronic money institution the provision of art. 61 (1) 2 shall apply mutatis mutandis.

Article 132b. 1. Authorisation as referred to in Article 132a ust. 1, may be issued to entities holding initial capital in the amount of at least the equivalent in the currency of the Polish currency of EUR 350 000 determined using the average rate announced by the NBP in force at the date of issue of the permit.

2. Rules of Art. 64 par. 1 points 2 to 4 and paragraph. 3 and Art. 64a shall apply mutatis mutandis, with that of the risk management and internal control system referred to in Article 4. 64 par. Article 1 (3) contains a description of the rules governing the handling of funds received in exchange for the electronic money issued in accordance with Article 3 (1) (a) of the Financial Regulation. 132n and a description of the procedures for dealing with complaints of electronic money holders.

3. Refusal to issue the permit referred to in art. 132a ust. 1, changes in the scope of payment services specified in the authorisation, the termination of the consent in connection with the failure to carry out or the inconceiving of the activities covered by this authorisation, and to the withdrawal of the permit, and to the proceedings concerning the issue, the amendment, The provisions of Article 4 (1) shall apply mutatis mutandis. 61a-63, art. 65-67 and art. 69-71.

4. The condition of granting the authorisation referred to in Article 132a ust. 1, is additionally to have an entity of organizational solutions designed to protect the cash received in exchange for issued electronic money in accordance with art. 132n.

5. The KNF may withdraw the permit referred to in Art. 132a ust. 1, also if the electronic money institution, which does not apply the rules for the protection of cash received in exchange for the issued electronic money, specified in art. 132n ust. 1, it has not concluded a bank guarantee or insurance contract or insurance contract referred to in Article 1 at the time of the contract. 78 par. 2, according to art. 132n ust. 2.

Art. 132c. 1. 20%, 30%, or 50% of the total number of votes in the body, which intends to acquire, directly or indirectly, a number of shares or shares of a national electronic money institution in the number of shares that ensures that the number of votes in the body is reached or exceeded, respectively, 10 where the institution is a subsidiary or a subsidiary of that entity, or if it becomes a subsidiary or a subsidiary of that entity, it shall inform the KNF of that intention each time.

2. In the case referred to in paragraph. 1, the provisions of art. 25 par. 2, 3, and 7-9, art. 25a par. 1 and 2, art. 25c-25e and art. 25g of the Act-Banking law shall apply accordingly, with the effect that the provisions concerning the parent, dependent or interdependent entity referred to in those provisions, shall apply to the parent, subsidiary or co-subsidiary.

3. Where the operator of the notification referred to in the paragraph is concerned. 1, is:

(1) an EU electronic money institution, an EU payment institution, an insurance undertaking, a reinsurance undertaking, a credit institution, an investment firm, or a management company authorised to carry out its activities in the territory of the a Member State other than the Republic of Poland or

(2) a parent undertaking or a body similar to that of an EU electronic money institution, an EU payment institution, an insurance undertaking, a reinsurance undertaking, a credit institution, an investment firm or a company managing authorities authorised to carry out activities in the territory of a Member State other than the Republic of Poland

-provide, in a notice, the relevant information in this respect, indicating in particular the name and seat of the entities referred to in point 2 for which it is a parent undertaking or an entity other than that of which it is similar.

4. If the circumstances set out in the paragraph are not preserved. 3 points 1 and 2, the notification shall include an appropriate statement in this respect.

5. An entity that intends to directly or indirectly a significant package of shares or shares of a national electronic money institution, or a holding of shares or shares, resulting in a decrease of less than 10%, 20%, 30%, or 50% of its share in the the total number of votes in the holding body or the share capital shall be notified to the KNF. Where the statutes of the national electronic money institution provide for the preference or limitation of shares as to voting rights, the notification should also apply to the share capital contribution corresponding to the amount of the shares in the the volumes defined in the first sentence and the corresponding number of votes without the privileges and restrictions; the provisions of Article 1 25 par. 2, 3 and 7 of the Act-Banking law applies accordingly.

Art. 132d. 1. The operator of the notification referred to in Article 132c par. The following information shall be provided with the notification of:

1) allowing the identification of the person submitting the notification and the identification of the identity of the persons managing his or her activities and of persons intended to cover the functions of the persons managing the national electronic money institution-if the reporting agent is planning to change in this respect;

2. as specified in Article 61 (1) 1 point 9 (b) (b) and c on the person making the notification and the persons referred to in point 1;

3) allowing the identification of the national electronic money institution referred to in art. 132c par. 1;

4. concerning the professional, economic or statutory activity of the person making the notification and the persons referred to in point 1, and in particular the subject matter of the activity, the scope and the place of its conduct and the past course of it, and also the education held by the reporting agent, being a natural person, and the persons referred to in point 1;

5) concerning the group to which the reporting agent belongs, and in particular its structure, its affiliated entities and the legal and actual capital, financial and personal affiliations with other entities;

6. concerning the economic and financial situation of the entity making the notification;

7) concerning the activities aimed at the acquisition or taking up of shares or shares in the number ensuring the achievement or exceeding of the levels specified in the art. 132c par. 1, or the acquisition of a parent's position vis-vis the national electronic money institution and, in particular, the target share of the general number of votes in the national electronic money institution concerned, related to that the participation of the powers, the manner and sources of financing of the acquisition, or the inclusion of shares or shares, concluded in connection with those activities of the contracts and the operation in consultation with other entities;

8) concerning the intentions of the notifying party in relation to the future activity of the national electronic money institution, in particular in the field of marketing, operational, financial and organisation plans and management;

9) concerning the possible obligations of the entity submitting a notice in the field of prudent and stable management of the national e-money institution.

2. Information on qualifications and professional experience, as well as the information referred to in art. 61 (1) 1 point 9 (b) b and c, are not required in relation to the notifying party and the persons managing his business, if the reporting agent is a national bank, a credit institution, a payment institution, an institution of money an electronic, insurance undertaking, a reinsurance undertaking, a brokerage house, an investment firm or a management company authorised to carry out its activities in a Member State, provided that this circumstance is demonstrated in the Notice.

3. The Minister responsible for financial institutions shall determine, by means of a regulation, documents to be attached to the notification in order to present the information referred to in the paragraph. 1, with a view to ensuring the proportionality of the required information, depending on the intended impact of the notifying party on the management of the national electronic money institution.

Article 132e. 1. The KNF shall, by decision, object to the acquisition or taking up of the shares or shares of the national electronic money institution indicated in the notice referred to in Article 132c par. 1, if:

1. the reporting agent has not completed the deficiencies in the notice or documents and the information attached to the notification within the prescribed time limit,

2) the complainant party did not submit any additional information or documents requested by the KNF within the time limit,

(3) it is justified by the need for prudent and stable management of the national electronic money institution, in view of the possible adverse effects of the entity submitting a notification to that institution or in view of the assessment of the financial situation of the entity. Notification of the

-the provisions of Article 3 (1) 25h ust. 2 and 4-6 and Article 4 25i-25k Act-Banking law applies accordingly.

2. The assessment referred to in paragraph 2 shall be carried out. The KNF shall also take into account the commitments made by the notifying party referred to in Article 1 (3). 132d par. 1 point 9.

3. In the case of acquisition or taking up of shares or shares:

1) in violation of Art. 132c par. 1 or

2) despite the notification by the KNF of the opposition referred to in the paragraph. 1, or

(3) before the expiry of the period of entitlement to the KNF, to the objection referred to in paragraph 1. 1, or

4) after the deadline set by the KNF, referred to in art. 25h ust. 5 of the Act-Banking law, on the acquisition of shares or shares in the scope specified in Art. 132c par. 1

-the voting rights of those shares or shares shall not be exercised.

4. If the effect of the acquisition or the taking up of shares in the cases referred to in paragraph. 3, is the exercise of the powers of the parent undertaking of the national electronic money institution, the persons managing the national electronic money institution appointed by the parent undertaking or which are members of the management board, prosecutors or persons carrying out functions in a parent undertaking may not participate in the representation of the national electronic money institution; where it cannot be determined which managers have been appointed by the entity Dominant position, the establishment of the management body the national electronic money institution shall be ineffective from the date on which it is granted the powers of the parent undertaking of the national electronic money institution.

5. Resolutions of the national body of electronic money institutions taken in violation of the paragraph. 3 shall be invalid unless they meet the requirements of the quorum and the majority of the votes cast without taking into account the unexpired votes. In the cases referred to in paragraph 1. (3) The right to bring an action for annulment of a resolution of a body representing a national electronic money institution shall also be entitled to a KNF. The provisions of Article 4 425 of the Act of 15 September 2000. -Commercial Companies Code shall apply mutatis mutandis.

6. In the case referred to in paragraph. 3 or 4, the KNF may, by decision, order the divestment of the shares or the shares of the national electronic money institution within the prescribed time limit.

7. If the shares or shares are not disposed of within the time limit referred to in paragraph. 6, KNF may impose on the shareholder or shareholder of the national electronic money institution a penalty payment up to the amount of 1 000 000 PLN or withdraw the permit referred to in art. 132a ust. 1. For the imposition of penalties the provisions of Article 105 (1) 2, 4 and 5 and Article 116 shall apply mutatis mutandis.

8. Where the interests of users or holders of electronic money so require, the applicant shall demonstrate that there is no indication of the condition referred to in paragraph 1. In accordance with Article 1 (1) (3), the KNF may, in duly justified cases, by decision, whether at the request of a shareholder, shareholder or parent undertaking of the national electronic money institution, to repeal the prohibitions referred to in paragraph 1 (1). 3 or 4. The applicant shall attach the information referred to in Article to the application. 132d par. 1.

Art. 132f. 1. Where justified by the need for prudent and stable management of the national electronic money institution, in view of the assessment of the financial situation of an entity which has obtained, directly or indirectly, the right to exercise a voice in its body which shall be at the levels specified in Article 132c par. 1 or, as a result of the acquisition or taking up of shares or shares, it has become, directly or indirectly, a parent undertaking of the national electronic money institution, or in view of the possible impact of that entity on that institution, and in particular in the case of the finding that the undertaking concerned does not comply with the commitments referred to in Article 132d par. In accordance with Article 1 (1) (9), the KNF may, by decision, prohibit the exercise of voting rights from the shares or shares of the national electronic money institution held by that entity or the exercise of the powers of the parent undertaking of the electronic money institution. When assessing the conditions for issuing that prohibition, the provisions of Article 4 (1) of 132e (1) 2 and Art. 25h ust. 2 of the Act-Banking law shall apply accordingly.

2. The praise of the body constituting the national electronic money institution shall be invalid if, when it is taken, the voting rights of the shares or shares for which the KNF has issued the decision referred to in the paragraph have been made. 1, unless the resolution meets the requirements of the quorum and the majority of the votes cast without taking account of the invalid votes. The right to bring an action for annulment of a resolution shall also be entitled to a KNF. The provisions of Article 4 425 of the Act of 15 September 2000. -Commercial Companies Code shall apply mutatis mutandis.

3. If the KNF has been issued on the basis of the mouth. 1 decision on the prohibition of the exercise of powers of the parent undertaking of the national electronic money institution, the provision of art. 132e (1) 4 shall apply mutatis mutandis.

4. In the case of the decision referred to in the paragraph. 1, KNF may, by decision, order the divestment of the shares or the shares of the national electronic money institution within the prescribed time limit.

5. If the shares or shares are not disposed of within the time limit referred to in paragraph. 4, KNF may impose on the shareholder or shareholder of the national electronic money institution a penalty payment up to the amount of 1 000 000 PLN or withdraw the permit referred to in art. 132a ust. 1. For the imposition of penalties the provisions of Article 105 (1) 2, 4 and 5 and Article 116 shall apply mutatis mutandis.

6. At the request of a shareholder, shareholder or parent entity of the national electronic money institution KNF repeals the decision issued on the basis of the paragraph. 1 if the circumstances justifying the adoption of that decision have ceased.

7. The provisions of the paragraph. 1-6 shall apply mutatis mutandis where two or more entities act in an agreement the object of which is to exercise voting rights from shares or shares at the levels specified in the Article. 132c par. 1 or exercise of the powers of the parent undertaking.

Art. 132g. 1. Where the activities of a hybrid electronic money institution in respect of the non-issuing of electronic money or the provision of payment services infringe or are likely to affect the financial stability of the electronic money institution, or could be limited by the possibility of exercising supervision, the KNF may, by decision, order a hybrid electronic money institution legal and organisational separation of the business of issuing electronic money or the provision of payment services by the creation of a new entity that will carry out this activity.

2. In the decision referred to in paragraph. 1, KNF:

1) set a deadline for the creation of a new entity, which will carry out activities in the field of issuing electronic money and the provision of payment services, not less than 3 months;

2) may specify the conditions for the way in which electronic money is to be extracted and the provision of payment services is carried out.

3. To the entity created in the execution of the decision referred to in the paragraph. 1, and a hybrid electronic money institution the provisions of art. 68 par. 3-5 shall apply mutatis mutandis.

4. The permit referred to in Art. 132a ust. 1, the issued hybrid electronic money institution shall pass on to the entity set up in the implementation of the decision referred to in paragraph 1. 1, after the expiration of the month from the date of receipt by the KNF of the notification of the entry of the entity created in the execution of the decision referred to in paragraph. 1, to the Register of Entrepreneurs or to supplement this notice, unless at that date the KNF raises an objection as to the passage of that authorisation.

5. KNF, by decision:

1) report the opposition referred to in paragraph 1. 4 if there are indications that would justify the refusal of the authorisation referred to in Article 4 (4). 132a ust. 1, to the entity set up in implementation of the decision referred to in paragraph 1. 1, as specified in Article 65;

2. may object to the opposition referred to in paragraph. 4 if the conditions set out in the paragraph are not fulfilled. 2 point 2.

6. On the date of transition of the authorisation referred to in art. 132a ust. 1, the entity set up in the implementation of the decision referred to in paragraph. 1, it shall enter into the rights and obligations of a hybrid electronic money institution in respect of the activities covered by that authorisation.

7. The permit referred to in Article 132a ust. 1, issued to a hybrid electronic money institution expires:

(1) in the event of failure to comply with the decision referred to in paragraph 1. 1-with the expiry of the period referred to in paragraph 1. 2 point 1;

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

8. Rules of Art. 68 par. 10 and 11 shall apply mutatis mutandis.

Art. 132h. In the event of a merger or division of an electronic money institution, or of the acquisition of an undertaking, the authorisation referred to in Article 132a ust. 1, does not pass to the acquirer or newly created resulting from the merger or division or to the buyer.

Art. 132i. Information on the electronic money institution and its activities in the issuing of electronic money or the payment services it provides, including advertising information, published by the institution of money the electronic money institution or the electronic money institution should be presented in a fair and comprehensible manner.

Art. 132j. 1. The electronic money institution shall, in addition to the business of issuing electronic money and the provision of payment services:

1) provide additional services closely linked to the issuing of electronic money and the provision of payment services, such as:

(a) currency exchange services,

(b) the services of secure storage of funds transferred for the execution of a payment transaction,

2) carry out payment systems;

3) carry out other economic activities.

2. The provision by the electronic money institution of a currency translation service in the issuing of electronic money or the execution of a payment transaction shall not constitute a canton activity within the meaning of art. 2. 1 point 19 of the Law of 27 July 2002. -Law of foreign exchange.

3. In connection with the execution of payment services, an electronic money institution may grant payment credit as referred to in Article 3. 74 par. 3, for the sole purpose of providing the payment services referred to in Article 3. 3 para. In Article 1 (1), points 3 to 5 and 7, and provided that this loan is not granted:

1) for a period longer than 12 months;

2) from the cash received or stored for execution of a payment transaction.

Art. 132k. Where an electronic money institution provides payment services to which electronic money has been issued by that institution, those services shall, for the purposes of calculating own funds and determine the payment of the supervision costs, Electronic money.

Art. 132l. The national electronic money institution shall keep documents relating to the business of issuing electronic money or to the provision of payment services for a period of at least 5 years from the date of their manufacture or received.

Art. 132m. 1. The national electronic money institution is required to have at all times its own funds adjusted to the size of its activities in the issuing of electronic money and payment services and to the type of payment service, which may be provided on the basis of the authorisation; the provisions of Article 4 76 (1) 2 and 3 and Article 3 77 par. 1 shall apply mutatis mutandis.

2. The amount of own funds of the national electronic money institution shall not be lower than the higher of the following:

1) the minimum amount of initial capital;

2) the minimum amount of own funds to be the sum of:

(a) the amount of own funds earmarked for the issuing of electronic money,

(b) the amount of own funds allocated to payment services not related to the issuing of electronic money, calculated in accordance with the provisions issued pursuant to paragraph 1. 7.

3. Where the national electronic money institution grants the payment credit referred to in Article 74 par. 3, the requirement laid down in the paragraph. 2 shall be increased by 5% of the total value of loans granted during the last financial year.

4. The amount of own funds of the national electronic money institution referred to in paragraph. 2 point 2 (a) shall not be less than 2% of the average value of the electronic money remaining in circulation.

5. Where the national electronic money institution carries out activities in the field of payment services not related to the issuing of electronic money or the activities referred to in Article 3 (2) of Regulation (ECA) and (3), 132j ust. 1 and 3, and the value of the electronic money remaining in circulation is not known in advance, the KNF agrees to calculate the amount of own funds of the national electronic money institution referred to in paragraph. 2 point 2 (a), on the basis of a representative part of the financial commitments, if it considers that such a representative part of the financial commitments can be estimated on the basis of existing data.

6. In the case of national electronic money institutions, the amount of own funds referred to in paragraph 1 shall be carried out during the first six months of its operation. Article 2 (2) (a) shall be calculated on the basis of the average value of electronic money remaining in circulation as defined in the programme of activities and the financial plan, in accordance with Article 2 (2) (a) 132a ust. 3, and resulting from the issuance of electronic money.

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

8. The KNF may, by decision, on the basis of a risk analysis of losses and the assessment of the risk management processes and internal control mechanisms of the national electronic money institution:

1) require a national electronic money institution to increase the amount of own funds, however, up to a maximum of 120% of the amount that would amount to the sum of the amounts calculated in accordance with the paragraph. 4-6 and in accordance with the provisions issued on the basis of the paragraph. 7;

2) allow the national electronic money institution to reduce the amount of own funds, however, up to an amount of not less than 80% of the amount that would amount to the sum of the amounts calculated in accordance with the paragraph. 4-6 and in accordance with the provisions issued on the basis of the paragraph. 7.

Art. 132n. 1. The national electronic money institution shall be obliged to protect the cash received in exchange for electronic money issued, using the following rules:

1) cash received in exchange for issued electronic money is not at any time during storage combined with the money held by a national electronic money institution from another title;

2) cash received in exchange for issued electronic money are:

(a) a bank account in a national bank, a credit institution or a branch of a foreign bank, which has been extracted for that purpose, or

(b) invested in safe, liquid assets with a low risk, which are to be debated on an account identified for that purpose.

2. The provision of the paragraph. 1 shall not apply if the measures are protected in the manner laid down in Article 3. 78 par. 2; the provisions of art. 78 par. 3-8 shall apply mutatis mutandis, except that the contract referred to in Article 3 (1) shall apply mutatis mutandis. 78 par. 2, includes the reimbursement of payments made by the party of an electronic money agreement for the issue of electronic money in the event of a non-release of electronic money, corresponding to the value of the deposit transferred, up to the amount of the unpaid money Electronic.

3. Cash received in exchange for the issuance of electronic money shall be protected not later than on the 5th working day from the date on which the funds are placed at the disposal of the electronic money institution.

4. The national electronic money institution shall promptly inform the KNF of any material changes to the way in which the funds received in exchange for the electronic money have been issued.

Art. 132o. The Minister responsible for financial institutions shall, after consulting the KNF, determine, by means of a regulation, the categories of assets referred to in Article. 132n ust. Article 1 (2) (b) and the maximum amount of cash that can be invested in the different categories of assets with due regard to the cash collateral of the holders of electronic money, including the risk reduction investment related to these assets.

Art. 132p. 1. In the event of initiation of enforcement proceedings against the national electronic money institution, cash in the payment accounts of the users and the accounts referred to in Article 132n ust. 1, shall be free from seizure on the basis of court or administrative enforcement title.

2. In the event of a declaration of bankruptcy of the national electronic money institution, the cash contained in the payment accounts of the users and the accounts referred to in art. 132n ust. 1, shall be exempted from the mass of bankruptcy.

3. The exemption referred to in paragraph 1. 1, does not include claims for the return of payments made by the party of an e-money agreement for the issuance of electronic money.

Art. 132q. Where the national electronic money institution is engaged in payment services, it shall be obliged to protect the cash received from the users directly or through another provider for the execution of the payment service. payment transactions in accordance with the rules laid down for national payment institutions. The provisions of Article 4 78 and Art. 80 and provisions issued on the basis of art. 79 shall apply mutatis mutandis.

Art. 132r. The national electronic money institution shall provide the KNF with the annual accounts and the annual consolidated financial statements on the basis of the rules laid down in Article 4. 81, as well as quarterly and additional annual financial and statistical reports covering the data referred to in Article 3 (1) of the Financial Regulation. 83 (1) 1 (1) to (4) and information on the nature and scope of the activities referred to in Article 1 132j ust. 1. Rules of Art. 82 and art. 83 (1) 2 and provisions issued on the basis of art. 83 (1) 3 shall apply mutatis mutandis.

Art. 132s. 1. The national electronic money institution may provide payment services through agents.

2. Rules of Art. 84 (1) 2, art. 85 and Art. 90 shall apply mutatis mutandis.

Art. 132t. The national electronic money institution may buy back electronic money through agents or other business.

Art. 132u. National electronic money institutions shall ensure that branches which are engaged in, as well as agents and other undertakings through which they provide payment services, are redeemed or are distributing money electronic, they have informed the electronic money holders and the users in a reliable manner.

Art. 132v. 1. The national electronic money institution may, on the basis of a contract concluded in writing with another trader, entrust to that undertaking the performance of certain operational activities relating to the activities involved in the activities covered by the the authorisation referred to in Article 132a ust. 1. Rules of Art. 86 (1) 2-6 and art. 87 (1) 1 shall apply mutatis mutandis.

2. The KNF, by decision, instructs the national electronic money institution to lead within a specified time limit to change or terminate the contract referred to in paragraph. 1, if:

1) the execution of the contract threatens the prudent and stable management of the electronic money institution;

2) an entrepreneur being a party to the contract has lost the required powers necessary for the execution of this contract.

3. From the decision of the KNF referred to in the paragraph. 2, the national electronic money institution may bring a complaint to the administrative court within 14 days from the date of service of the decision; the provision of art. 127 § 3 of the Act of 14 June 1960. -The Code of Administrative Procedure does not apply. The application of the action shall not suspend the execution of the decision.

4. KNF may apply the measures specified in art. 132za par. If the national electronic money institution does not, within the prescribed period, lead to the amendment or termination of the contract referred to in paragraph 1 and 2. 1.

Art. 132w. The national electronic money institution in the provision of payment services and electronic money issuance activities shall be liable to the users and holders of electronic money for the activities of its agents and other economic operators, through which they provide payment services or take a purchase of electronic money, and entities performing operational activities on the basis of the agreement referred to in art. 132v par. 1, as for its own actions. The provisions of Article 4 88 ust. 2 and 3 shall apply mutatis mutandis.

Article 132x. 1. The national electronic money institution may, in the territory of another Member State, conduct business in the field of issuing electronic money by a branch or within the framework of cross-border activities and carry out payment services, as a result of the authorisation referred to in Article 132a ust. 1, through an agent, through a branch, or within a cross-border activity.

2. The national electronic money institution shall notify the KNF of its intention to engage in cross-border activities or, in writing, of an intention to issue electronic money in the territory of another Member State by a branch or the provision of payment services in the territory of another Member State by a branch or through an agent, while submitting an application for an entry of a branch or an agent to the register. The provisions of Article 4 92 (1) 2-5 and art. 93-95 shall apply mutatis mutandis.

3. The national electronic money institution shall notify the KNF of its intention to redeemit electronic money or to carry out its distribution in the territory of another Member State via the electronic money market. agent or other entrepreneur. The provisions of Article 4 92 (1) 3-5 and art. 94 shall apply mutatis mutandis.

4. The notification referred to in paragraph. 3, contains:

(1) the name of the Member State in whose territory the national electronic money institution intends to buy back electronic money, or to carry out an operational activity consisting of its distribution through an agent or other entrepreneurs;

2) the name (company) and registered office and address of the national electronic money institution;

(3) the name and surname (s) of the agent or other economic operator and the location and address of the principal place of residence and address and address of the principal place of business;

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

5) the names of persons responsible for the management of the activities of the agent or other entrepreneur;

6. an indication of the activities which the national electronic money institution intends to carry out in the territory of the Member State referred to in point 1 through an agent or other economic operator.

Art. 132y. The EU electronic money institution may perform in the territory of the Republic of Poland the electronic money issuance activity by a branch or within the framework of cross-border activities, or provide payment services by a branch, within the framework of a cross-border activity or through an agent, to the extent that is due to an authorisation issued by the competent supervisory authorities. The provisions of Article 4 97 and art. 98 shall apply mutatis mutandis.

Art. 132z. 1. Electronic money issuing and payment service activities carried out by national electronic money institutions, including their agents and other economic operators, through which the national institution electronic money provides payment services or purchases of electronic money, and entities carrying out certain operational activities under an agreement referred to in Article 132v par. 1, shall be subject to supervision by the KNF, to the extent and under the conditions laid down in this Act and in the Act on Supervision of the Financial Market, hereinafter referred to as 'the supervision of national electronic money institutions'.

2. The objective of supervision of national electronic money institutions shall be:

1) ensuring the financial security of national electronic money institutions;

2) ensuring the conformity of the activities of national electronic money institutions, including conducted by their agents and other entrepreneurs, through which the national electronic money institution provides payment services or buy electronic money, and entities performing certain operational activities under the agreement referred to in art. 132v par. 1, with the provisions of the Act, of Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009. on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001, Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 (OJ L L thereof, p. 1). laying down technical and commercial requirements for credit transfers and direct debits in euro, and amending Regulation (EC) No 924/2009 and the authorisation referred to in Article 132a ust. 1;

3) protection of the interests of users and holders of electronic money.

3. The provisions of Article 3 shall apply to the supervision of national electronic money institutions. 100, art. 101, art. 102 (1) 1 points 1, 2 and 5, art. 103 and art. 104.

4. The KNF in the exercise of the supervision of national electronic money institutions may:

1) issue the national electronic money institution recommendations in the scope of:

a) to ensure the compliance of the activities of the national electronic money institution with the provisions of the Act, of Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009. on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 and Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 (OJ L L thereof, p. 1). laying down technical and commercial requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009,

(b) an increase in own funds if their amount is lower than that resulting from the provisions of the Act or the Decision referred to in Article 3 (1) of the EC Act. 132m Ust. 8,

(c) to take the measures necessary to achieve and comply with the standards referred to in Article 3. 132b ust. 1 and Art. 132m,

(d) the development and application of procedures to ensure the maintenance and ongoing monitoring of the level of own funds,

(e) to take the measures necessary to prevent infringements of the interests of users and holders of electronic money;

2) order the national electronic money institution to withhold the payment from the profit or withhold the creation of new business units until the standards referred to in art have been achieved. 132b ust. 1 and Art. 132m.

5. The KNF may issue recommendations on good practices of prudent and stable management of national electronic money institutions, with a view to protecting the interests of electronic money holders and users.

Art. 132z. 1. Where it is found that the national electronic money institution does not perform or does not properly perform the obligation to provide the information referred to in Article 102 (1) 1 point 1, or the transmission of the data referred to in Article 102 (1) Article 1 (2) does not make the recommendations referred to in Article 1 (2) within the prescribed time limit. 132z ust. Article 4 (1), makes it difficult or impossible to carry out the checks referred to in Article 4 (1). 103, or does not execute the injunctions referred to in art. 132z ust. 4 point 2 or in Article 102 (1) 1 point 5, and when the activity of a national electronic money institution is executed in breach of the law or creates a threat to the interests of electronic money holders or users, the KNF may apply the measures referred to in art. 105 (1) 1 points 1-3. The provisions of Article 4 105 (1) 4 and 5 shall apply mutatis mutandis.

2. In the cases referred to in paragraph. 1, KNF may also:

1) impose on the managing person directly responsible for the observed irregularities a pecuniary penalty up to the amount of three times the gross monthly remuneration of that person, calculated on the basis of the average gross remuneration for the last 3 months before the imposition of the penalty;

2) impose a penalty on the national electronic money institution of up to 1 000 000 PLN;

3) withdraw the permit referred to in Article 132a ust. 1; the provisions of art. 105 (1) 4 and 7 shall apply mutatis mutandis.

3. Where the information referred to in Article is disseminated. 132i, they introduce or may be misleading, the KNF may:

1) issue the electronic money institution the recommendation referred to in art. 132z ust. Article 4 (1) (a) of Article 4 (1) (a) of Article 4 (1) (a) of the European Community 2 point 3 and the provisions of art. 105 (1) 1 points 1 to 3;

2) order, by decision, the announcement of rectification in the indicated form and within the prescribed period; ordering the announcement of the correcting of the KNF may determine its content.

4. The monetary penalties referred to in paragraph. 2 points 1 and 2, the KNF may impose also in the case of non-execution of the order referred to in paragraph. 3 point 2.

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

6. The KNF may also suspend in the activities of the managing person in the case of:

1) to present to that person the charges in criminal proceedings or in the proceedings in the case of a tax offence;

2) caused by this person significant losses of property of the national electronic money institution.

Art. 132zb. 1. Where the EU electronic money institution or its agent, conducting business in the territory of the Republic of Poland violates the provisions of Polish law, the KNF shall apply the measures referred to in art. 107 (1) 1. Article Recipe 107 (1) 2 shall apply mutatis mutandis.

2. If, despite the application of supervision measures by the competent supervisory authorities of the home Member State, an EU electronic money institution or its agent conducting business in the territory of the Republic of Poland still does not comply with the provisions of the Act, the KNF may apply the measures specified in the Article accordingly. 105 (1) 1 points 1 and 3 and Article 3 132za par. 2 point 1.

3. Paragraph Recipe 2 shall also apply in the case where:

1) the measures applied by the competent supervisory authorities of the home Member State have proved inadequate to the existence of the infringement or impossible to apply to the territory of the Republic of Poland;

2. the competent supervisory authorities of the home Member State shall, without justification, refuse to apply the supervisory measures or are unjustifiant of their application.

4. Where the application of the procedure referred to in paragraph 1 is applied. 1, would result in excessive delay, which could directly threaten the important interests of users or holders of electronic money, the KNF may properly apply the measures referred to in art. 105 (1) 1 points 1 and 3 and in Article 132za par. 2 point 1, without this procedure being omitted.

5. Rules of Art. 107 (1) 6-8 shall apply mutatis mutandis.

Art. 132zc. For the supervision of national electronic money institutions, the provisions of Article 1 108-112 shall apply mutatis mutandis.

Art. 132zd. The provisions of the Rules of Procedure shall apply mutatis mutandis to the recovery and the liquidation of the national electronic money institution and the branches of electronic money institutions. 142 and art. 145-157e of the Act-Banking law. Article Recipe 117 par. 2 shall apply mutatis mutandis.

Art. 132ze. 1. The national electronic money institutions shall be obliged to contribute to the supervision costs. Payments shall be made in the amount equivalent to the arithmetic average of the amounts of financial commitments entered into at the end of each calendar day, calculated at the end of each calendar day for the period of 1 January of the year in question. the previous 12 calendar months and a rate not exceeding 0,075%.

2. When calculating the average referred to in paragraph. 1, no account shall be taken of the obligations of the national electronic money institution resulting from the implementation of the activities exempted by the Article. 6, regardless of whether the exemption depends on the provision of other services.

3. The national electronic money institutions providing payment services, irrespective of the payment to cover the supervision costs referred to in paragraph 3. 1, shall be required to contribute to the payment of supervision costs under the rules laid down in the Article. 113. Provisions issued on the basis of art. The payments shall be applied mutatis mutandis.

(4) Receivables for the payments referred to in paragraph 1. 1, they are subject to enforcement under the provisions of the law on enforcement proceedings in the administration.

Art. 132zf. 1. The fee shall be:

1. the issue and amendment of the authorisation referred to in Article 132a ust. 1, except where the modification of an authorisation consists solely of the restriction of the type of payment service to which the national electronic money institution is entitled;

2) make an entry in the register, excluding the entry related to the issue or amendment of the permit referred to in art. 132a ust. 1.

2. The fees referred to in paragraph. 1, shall be used to cover the costs of supervision. The sum of the fees paid in a given year by the national electronic money institutions shall be reduced by the total amount of the payments to cover the supervision costs due from these institutions in accordance with Article 4 (1) of 132ze; provisions of Article 4 114 par. 2 and 4 shall apply mutatis mutandis.

Art. 132zg. The President of the Council of Ministers shall determine by way of regulation:

1. the time limits for payment, the amount and the method of calculation of the payments referred to in Article 3. 132ze ust. 1,

2. the manner and time limits for the settlement of the payment entitlements referred to in Article 3 (2) of the EC Regulation. 132ze ust. 1,

3) the amount, manner and timing of payment of the fees referred to in art. 132zf

-having regard to the nature of the tasks entared by the obligation to pay the fees and the need to ensure the effectiveness of the supervision of national electronic money institutions, while at the same time having regard to the amount of the payments to be made to the the costs of supervision and charges have no significant effect on the increase in the cost of the activities of the bodies required to pay them.

Art. 132zh. 1. Conducting on the territory of the Republic of Poland the electronic money issuance activity by a branch of a foreign electronic money institution requires obtaining a KNF permit.

2. The provisions concerning the national electronic money institution shall apply mutatis mutandis to the foreign branches of electronic money institutions, taking into account art. 132zi and art. 132zj.

Art. 132zi. 1. In addition to the electronic money issuing activities, a branch of an external electronic money institution may also provide an ancillary service that is closely linked to the issuance of electronic money.

2. The permit referred to in Article 132zh ust. 1, may be issued, if the funds earmarked for the functioning of the foreign branch of an electronic money institution, extracted from the initial capital of a foreign electronic money institution, amount to at least the equivalent in the currency of the Polish amount of EUR 350 000 determined using the average rate announced by the NBP in force at the date of issue of the permit.

3. The foreign branch of an electronic money institution may not, on the basis of an authorisation referred to in art. 132zh ust. 1, to carry out electronic money issuance activities in the territory of another Member State, including in cross-border activities.

Art. 132zj. 1. Branches of foreign electronic money institutions shall be required to contribute to the supervision costs. Payments shall be made in the amount equivalent to the arithmetic average of the amounts of financial commitments entered into at the end of each calendar day, calculated at the end of each calendar day for the period of 1 January of the year in question. the previous 12 calendar months and a rate not exceeding 0,075%. The provisions of Article 4 132ze ust. 2 and 4 shall apply mutatis mutandis.

2. The payment shall be subject to:

1. the issue and amendment of the authorisation referred to in Article 132zh ust. 1;

2) make an entry in the register, excluding the entry related to the issue or amendment of the permit referred to in art. 132zh ust. 1.

3. The fees referred to in paragraph. 2, shall be used to cover the costs of supervision. The sum of the fees paid in a given year by branches of foreign electronic money institutions shall be reduced by the total amount of the payments to cover the supervision costs owed by these institutions in accordance with paragraph 1. 1; the provisions of art. 114 par. 2 and 4 shall apply mutatis mutandis.

4. To the payments referred to in paragraph 1. 1, and the fees referred to in paragraph. 2, provisions issued on the basis of art. 132zg shall apply mutatis mutandis.

Art. 132zk. The KNF shall notify the European Commission of any authorisation granted to branches of foreign electronic money institutions. ';

57. the title of Chapter VIII is replaced by the following

'Register of electronic money suppliers and publishers';

58) in art. 133 (1) 3.

" 3. The register shall consist of:

(1) a register of national payment institutions, including their agents and branches;

(2) the register of credit and credit savings banks, including their branches;

3) a register of payment service offices comprising also their agents and branches;

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

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

59) in art. 134:

(a) the introduction to the calculation is replaced by

'The register of national payment institutions shall contain, as appropriate:',

(b) the following point 3a shall be inserted after point 3:

"(3a) information on the issuing of electronic money by a national payment institution;",

-the introduction to the calculation is replaced by the following

'data relating to agents of a national payment institution performing agency activities in the field of the provision of payment services, including:',

-lithium. b is replaced by the following

"(b) the location and address or address of the principal place of business of the agent;";

60) in art. 135 the introduction of the calculation is replaced by the following

'The savings and credit register shall include:';

61) in art. 136:

(a) the introduction to the calculation is replaced by

'The register of payment service offices shall contain, as appropriate:',

(b) in point 3 (b) b is replaced by the following

"(b) the location and address or address of the principal place of business of the agent;";

62) after art. 136 the following Article shall be inserted. 136a and art. 136b as follows:

" Art. 136a. The register of national electronic money institutions shall include:

1) the number of the entry in the register;

2. data relating to the national electronic money institution, including:

(a) the name (company),

(b) the number in the business register

(3) data relating to payment services to which the national electronic money institution is entitled, including:

(a) the date of issue of the authorisation referred to in Article 132a ust. 1, and its amendments,

(b) the list of payment services covered by the scope of the authorisation referred to in Article 132a ust. 1;

4. data relating to agents of a national electronic money institution performing an agency activity in the provision of payment services, covering:

(a) the name and surname or name (company) of the agent,

(b) the location and address or address of the principal place of business of the agent

5. data relating to branches of the national electronic money institution, including:

a) the name of the (company) branch,

(b) the branch address

(6) data relating to the issuing of electronic money or the provision of payment services by a national electronic money institution in another Member State, including:

(a) a list of the countries in which the national electronic money institution issues electronic money or provides payment services,

(b) the data referred to in points 4 or 5 relating to the entity through which the national electronic money institution is established in another Member State,

Art. 136b. The register of foreign branches of electronic money institutions shall include:

1) the number of the entry in the register;

2. data relating to a branch of an external electronic money institution, including:

a) the name of the (company) branch,

(b) the number in the business register

3) data on the activity related to the issuance of electronic money, covering the date of issue of the permit referred to in art. 132zh ust. 1, and its amendments. ';

63) in art. 138 para. 1 is replaced by the following

" 1. Entry in the register of the national payment institution or national electronic money institution and the entry in the register of the change of the scope of the payment services provided, as well as the entry in the register of the foreign branch of the institution of money electronic shall be carried out ex officio within 14 days of the date of issue of the authorisation referred to in Article 60 par. 1, art. 132a ust. 1 or Art. 132zh ust. 1, or its amendments. ';

64) in art. 139 (1) 1 is replaced by the following

" 1. National payment institutions, payment service offices, savings and credit institutions, national electronic money institutions and branches of foreign electronic money institutions shall be required to ensure that the data entered on them are compatible with the national central banks. the application to the register with the facts. ';

65) in art. 142:

(a) in paragraph. Point 1 shall be replaced by the following:

" 1) the withdrawal or termination of the authorisation referred to in Article 60 par. 1, art. 132a ust. 1 and Art. 132zh ust. 1; ',

(b) paragraphs 2.

" 2. KNF may, from its own office, remove an entry from the register in respect of an agent or branch of a national payment institution or a national electronic money institution in the event of obtaining from the competent supervisory authorities of the host State. of a Member State where the national payment institution or the national electronic money institution is engaged in payment services or the issuing of electronic money by the agent concerned or a branch, indicating that the payment service is not that there are reasonable grounds for suspecting that in connection with this the activity shall be committed or the offence referred to in Article shall be committed. 165a or art. 299 of the penal code, attempted to commit such a crime or committing such a crime is intentional, or the provision of services by the agent or the activity of the branch could increase the risk of money laundering or terrorist financing. The deletion of the entry in the register shall be made by decision. ';

66) in art. 150 par. 1 and 2 are replaced by the following:

" 1. Who, without being eligible, carries out activities in the provision of payment services or in the scope of issuing electronic money, is subject to a fine of up to PLN 5,000,000 or a custodial sentence of up to 2 years, or both to these penalties.

2. The same penalty is subject to, who, without being entitled, uses in the name (company) or to determine the business activity pursued or in the advertisement of the terms "payment services", "issuing of electronic money", "payment institution", " office payment services "," electronic money institution "or" branch of a foreign payment institution ". ';

67) in art. 152 par. 1 is replaced by the following

" 1. Who, being responsible in a payment institution, the payment service office, electronic money institution or foreign branch of an electronic money institution for providing KNF information, provides information which does not comply with the state of the In fact, or otherwise mislead the authority, it shall be subject to a fine of up to 1 000 000 PLN or a custodial sentence of up to 2 years, or both. ';

68) after art. 153 the following is added. 153a, as follows:

" Art. 153a. 1. Who, contrary to the obligations referred to in art. 14a-14c, does not give NBP required information, subject to a fine of up to 1 000 000 PLN.

2. The same penalty shall be subject to the admits of the act referred to in paragraph. 1, acting on behalf of or in the interest of a natural person, a legal person or an organizational unit not being a legal person, the law of which grants legal capacity. '.

Article 2. [ Act on inheritance tax and donations] In the Act of 28 July 1983 about inheritance tax and donations (Dz. U. 2009 r. Nr 93, pos. 768, with late-night 1. ⁷⁾) in Article 4a in the mouth. Point 2 shall be replaced by the following:

" (2) where the object of acquisition of a donation or the order of the donor is cash, and the value of the assets acquired in total from the same person in the 5 years preceding the year in which the last acquisition occurred, added to the value of the goods and property rights recently acquired exceed the amount specified in the Article. 9 ust. 1 point 1-they shall be documented by the receipt of evidence of the transfer to the payment account of the purchaser, on his or her account, other than payment, in a bank or cooperative savings and credit coke or postal transfer. '

Article 3. [ Law on personal income tax] In the Act of 26 July 1991 o Income tax on individuals (Dz. U. 2012 r. items 361, of late. 1. ⁸⁾) in Article 26 in the mouth. Point 1 shall be replaced by the following:

'(1) proof of payment to a paid account or its account in a bank, other than a payment account, in the case of cash donations;'.

Article 4. [ Law on Corporate Income Tax] In the Act of 15 February 1992 o corporate income tax (Dz. U. of 2011 r. No. 74, item. 397, from late. 1. ⁹⁾) in Article 18 (1) 1c is replaced by the following:

' 1c. Deduction of the donations referred to in paragraph 1. 1 (1) and (7), and the deduction resulting from separate laws shall apply if the amount of the donation is documented proof of payment on the paid account or its account in the bank, other than the payment account, and in the case of donations of another than in cash, the document from which the value of the donation is based, and the statement of the party which it has received. '

Article 5. [ Penal Code] In the Act of 6 June 1997. -Penal Code (Dz. U. Nr. 88, pos. 553, of late. 1. ¹⁰⁾) in Article 297 § 1 and 2 are replaced by the following:

" § 1. Who, in order to obtain for himself or another, from a bank or an organizational unit conducting a similar business activity on the basis of a law or from a body or institution with public funds-a loan, a monetary loan, the guarantees, guarantees, letters of credit, grants, subsidies, confirmation by the bank of the liability arising from the surety or guarantee or similar provision of money for a specific economic purpose, a payment instrument or a public contract, submit counterfeit, reproduced, certifying untruth, or unreliable document or unreliable written statement of circumstances of significant importance for obtaining the aforementioned financial support, payment instrument or order,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to who, contrary to the obligation, does not notify the competent body of the situation which may affect the suspension or limitation of the financial support provided for in § 1, or of the contract. the public or the possibility of further use of the payment instrument. '.

Article 6. [ Tax Ordinance] In the Act of 29 August 1997. -Tax Ordinance (Dz. U. 2012 r. items 749, of late. 1. ¹¹⁾) art. 61a is replaced by the following:

" Art. 61a. § 1. The municipal council, the district council and the state seismik may, by way of a resolution, allow payment of taxes constituting the revenue of the municipality, district or province, as appropriate, of the payment instrument, including the payment instrument on which it is stored. is electronic money.

§ 2. In the case referred to in paragraph 1, the day on which the payment of the tax is due shall be the day on which the payment account of the taxable person, the payer or the other person or his account is debied in the bank or cooperative credit institution, other than the payment, or the day of collection of monetary value from electronic money. '.

Article 7. [ The Act on the National Bank of Poland] In the Act of 29 August 1997. o National Bank Polski (Dz. U. of 2013 r. items 908) in art. 5 par. 2.

" 2. NBP may not be a shareholder or shareholder of other legal persons, with the exception of its service activities in favour of financial institutions or the State Treasury, or having for NBP significant importance in the field of action for stability the national financial system referred to in Article 3 para. 2 points 6a. '

Article 8. [ Banking law] In the Act of 29 August 1997. -Banking law (Dz. U. 2012 r. items 1376, of late. 1. ¹²⁾) the following amendments shall be made:

1) in art. 4 in paragraph 1:

(a) points 4 and 5 are replaced by the following

" 4) payment card-a payment card within the meaning of the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ¹³⁾);

5) electronic money-electronic money within the meaning of the Act of 19 August 2011. for payment services; ',

(b) in point 7 (b) e is replaced by the following

" (e) the provision of payment services and the issuance of electronic money in accordance with the provisions of the Act of 19 August 2011. o Payment Services, ',

"17. credit institution-an entity established abroad of the Republic of Poland on the territory of one of the Member States of the European Union, hereinafter referred to as" the Member States ", leading in its own name and on its own account, on the approval of the competent supervisory authorities, the activity consisting in the acceptance of deposits or other funds entrusted under any repayable title and the granting of loans; ';

2. in Art. 5:

(a) in paragraph. 1. point 6a shall be deleted,

(b) in paragraph. Point 3 shall be replaced by the following:

'(3) the provision of payment services and the issuing of electronic money;',

3. Article 3 63a;

4) in art. 105 in the mouth. 1 in point 2 (a) m is replaced by:

" (m) publishers of non-banks payment instruments, to the extent specified by the Act of 19 August 2011. for payment services, ';

5. in Art. 133 (1) 4.

" 4. The Committee on Financial Supervision and the persons performing the activities of the banking supervision shall not be liable for damage resulting from the provisions of acts or omissions which are in conformity with the provisions of the Supervisory Commission. Financial supervision of the activities of banks, branches and representations of foreign banks and branches of credit institutions. '

Article 9. [ The Act on Pensions and Rents from the Social Insurance Fund] In the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. 2009 r. No. 153, pos. 1227, of late. 1. ¹⁴⁾) the following amendments shall be made:

1) in art. 130:

(a) paragraphs 2.

" 2. The benefits shall be paid to the persons entitled, taking account of the mouth. 3:

(1) through legal persons who are engaged in the service of benefits, or

2. at the request of the person entitled:

(a) on its payment account or its account in a bank or cooperative credit savings account, other than a payment account, or

(b) to the payment instrument indicated by it, on which electronic money is stored within the meaning of the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ¹⁵⁾). ',

(b) paragraphs 3.

" 3. A person undergoing a custodial sentence, a military detention order or a sentence of arrest for a misdemeanor and a person temporarily arrested shall be paid:

(1) through legal persons who are engaged in the service of services at the address of a criminal or a detention centre, or

2. at the request of this person:

(a) on its payment account or its account in a bank, other than a payment account,

(b) to the payment instrument indicated by it, on which electronic money is stored within the meaning of the Act of 19 August 2011. for payment services, or

(c) to the person indicated by the person concerned, after instructing the person concerned about the circumstances referred to in Article 3 (1) of the EC 138 para. 2 point 1. ';

2. Article 132 is replaced by the following

" Art. 132. A pensioner who has lived abroad shall, at his or her request, be paid to a person who is entitled to receive, to be resident in the country or to a paid pensioner or to his account in the country or to his or her account in the country of residence or his or her other person's pension. a bank, other than a payment account, or for which it has been issued, issued in the country, its payment instrument on which electronic money is stored, unless otherwise provided by international agreements. ';

3. Article 138a is replaced by the following:

" Art. 138a. The entity carrying out the payment account and the bank and the cooperative credit and credit cassettes carrying out a non-payment account, as well as the issuer of the payment instrument, are obliged to reimburse to the Company the amount of the benefits transferred to that account, or the payment instrument, for the months following the month in which the person was killed; Article provision 144 ust. 1 shall apply mutatis mutandis. '

Article 10. [ Code of Treasury] In the Act of 10 September 1999 -The Code of Treasury (Dz. U. of 2013 r. items 186) in art. 106j § 1 is replaced by the following:

" § 1. Who, contrary to the obligation, carries out a transfer of money abroad or a settlement in a country related to foreign exchange, without the intermediary of a rightholder bank, payment institution, electronic money institution or, in the case of settlement in the country-the payment service offices,

shall be punished by the fine up to 480 daily rates. ".

Article 11. [ Act on anti-money laundering and terrorist financing] In the Act of 16 November 2000. anti-money laundering and the financing of terrorism (Dz. U. of 2010 Nr 46, pos. 276, of late. 1. ¹⁶⁾) the following amendments shall be made:

1) in art. 2:

(a) in point 1:

-lithium. e is replaced by the following

" (e) national electronic money institutions, branches of EU electronic money institutions, branches of foreign electronic money institutions, clearing agents, national payment institutions, payment service offices, branches union payment institutions and operating on the territory of the Republic of Poland agents of these entities within the meaning of the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ¹⁷⁾), ',

-lithium. p is replaced by:

"(p) foreign exchange business entities,",

-point (u) is deleted,

(b) point 4 shall be replaced by

" (4) account-shall mean the bank account, the account held in the financial institution, the account held in the credit institution, the account in the cooperative savings bank, the payment account held by another authorised the entity, the securities account and the bulk account, and the serving of their cash account within the meaning of the Act of 29 July 2005. the trading of financial instruments, as well as the register of the fund participants and the records of the investment fund participants; ';

2. in Art. 9d in the mouth. 1 in point 2 (a) d is replaced by the following

" (d) electronic money, within the meaning of the Act of 19 August 2011. for payment services, provided that:

-the maximum amount of money held on a payment instrument does not exceed the equivalent in the currency of the Polish currency of EUR 250 and it is not possible to refund this instrument with a monetary value,

-the maximum amount of electronic money transfer does not exceed the equivalent in the Polish currency of EUR 2500 per year, unless the amount of the e-money buy-back is at least the equivalent in the currency of the Polish amount of 1000 euros in the given the calendar year, ';

3) in art. 33 in the mouth. Paragraph 2 is replaced by the following:

" 2) the Chairman of the Polish Financial Supervision Authority or persons authorized by him-only in matters relating to the exercise of banking supervision, in matters relating to the exercise of supervision of insurance activities and in relation to companies investment and fiduciary banks within the meaning of the Act of 29 July 2005. o trading of financial instruments and foreign legal persons conducting on the territory of the Republic of Poland a brokerage activity in the scope of trading of goods exchange goods, commodity brokerage houses within the meaning of the Act of 26 October 2000 r. about freight exchanges, investment funds, mutual funds and the National Depository for Securities S.A. and in relation to the national electronic money institutions, branches of EU money institutions electronic, foreign branches of electronic money institutions, clearing agents, national payment institutions, branches of Union payment institutions, office of payment services and operating in the territory of the Republic of Poland Polish agents of these entities within the meaning of the Act of 19 August 2011. for payment services; '.

Article 12. [ The Act on the Functioning of the cooperative banks, their association and associations of associations] In the Act of 7 December 2000. on the functioning of cooperative banks, their association and associations of associations (Dz. U. Nr 119, poz. 1252, as of late. 1. ¹⁸⁾) in Article 6:

1) in the mouth. Point 9 shall be replaced by the following:

"(9) the provision of payment services and the issuing of electronic money,";

2. the paragraph shall be deleted. 3.

Article 13. [ Law on settlement finality in payment systems and securities settlement systems and the rules for the supervision of these systems] In the Act of 24 August 2001. the finality of settlement in payment systems and securities settlement systems and the rules for the supervision of these systems (Dz. U. of 2013 r. items 246) is amended as follows:

1) in art. 1:

(a) in point 5, point 5 The semicolon shall be replaced by a comma and the following point shall be added. In the following text:

" (l) in respect of systems other than those referred to in Article 3. 15 para. 1 and 2-the payment institution and the electronic money institution within the meaning of the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ¹⁹⁾); ',

(b) point 15 shall be replaced by

" (15) competent authorities-bodies responsible for the supervision of the entities referred to in point 5 (a). c-g and i-l; ';

2. in Art. 13 (1) 5.

" 5. The Council of Ministers shall determine, by way of regulation, the manner in which the notification referred to in paragraph 1 is notified. 1, 2, 2a, in the mouth. 3 points 1 and 2 and in paragraph 2. 4, taking into account, in particular, the characteristics of the proceedings in which the decision, the order or decision has been issued, and the possibility of using technical means of communication. ';

3) in art. 14 para. 1 is replaced by the following

" 1. The institutions referred to in Article 1 point 5 (a) c-l, are required to give anyone who has a legitimate interest, information on the systems to which they are participants and on the basic principles of their functioning. ';

4) in art. 17 in the mouth. 2. in point 6, the period shall be replaced by a semicolon and the following point 7 is added:

"(7) the legal relationship between the participants and between the non-participant in the system and the participants in connection with the participation of the system and its functioning."

Article 14. [ The Act on the provision of services by electronic means] In the Act of 18 July 2002. on the provision of services by electronic means (Dz. U. No 144, pos. 1204, with late. 1. ²⁰⁾) in Article 3a in the mouth. 2 (2) shall be repealed.

Article 15. [ Foreign Exchange Law] In the Act of 27 July 2002 -Law of foreign exchange (Dz. U. 2012 r. items 826) is amended as follows:

1) in art. 3 para. 3.

" 3. Restrictions set out in Article 9 shall not apply to the exchange of foreign exchange between banks, payment institutions, electronic money institutions, payment service offices or other entities established in the country, in respect of activities subject to supervision: banking, insurance, pension, payment institutions, electronic money institutions, payment service offices or the capital market operated by those entities on their own account or third party account eligible under the Act or the foreign exchange permission to make the trading a foreign exchange subject to such restrictions. ';

2. in Art. 25:

(a) in paragraph. Point 2 shall be replaced by the following:

"2. payment institutions and electronic money institutions entitled to provide payment services and, in the case of settlements in the country, also payment service offices",

(b) paragraphs 2.

" 2. The obligation to make accounts in accordance with paragraph 1. 1 shall not apply to cases in which the settlement party is a legitimate bank, a national payment institution, a branch of the Union payment institution, a national electronic money institution or a branch of the Union electronic money institution. '

Article 16. [ The Act on Certain Financial Safeguards] In the Act of 2 April 2004. about some financial security (Dz. U. 2012 r. items 942 and 1166) in art. 2 in the mouth. Point 10 is replaced by the following:

" 10) clearing agent within the meaning of the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ²¹⁾); '.

Article 17. [ The Act on Freedom of Economic Activity] In the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2013 r. items 672, 675 and 983) in art. 75 in the mouth. Point 21 is deleted.

Article 18. [ The Act on supplementary supervision of credit institutions, insurance undertakings, reinsurance undertakings and investment firms forming part of a financial conglomerate] In the Law of 15 April 2005. on the supplementary supervision of credit institutions, insurance undertakings, reinsurance undertakings and investment firms forming part of a financial conglomerate (Dz. U. Nr. 83, pos. 719, of late. 1. ²²⁾) in Article 3 in point 1, point 1 shall be repealed. d.

Article 19. [ Law on the supervision of the financial market] In the Act of 21 July 2006. on the supervision of the financial market (Dz. U. 2012 r. items 1149, as of late. 1. ²³⁾) the following amendments shall be made:

1) in art. 1 in the mouth. 2:

(a) point 5 shall be replaced by

" 5) supervision of payment institutions, the offices of payment services, electronic money institutions, branches of foreign electronic money institutions exercised in accordance with the provisions of the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ²⁴⁾); ',

(b) point 5b; is deleted;

2. Article 2.

" Art. 2. The objective of supervision of the financial market is to ensure the proper functioning of this market, its stability, security and transparency, confidence in the financial market, and to ensure the protection of the interests of the participants of this market, by the implementation of the objectives set out, in particular in the Act-Banking Law, the Act of 22 May 2003. on the supervision of insurance and pensions, and of the Insured Ombudsman, the Act of 15 April 2005. on the supplementary supervision of credit institutions, insurance undertakings, reinsurance undertakings and investment firms forming part of a financial conglomerate, the Law of 29 July 2005. on the supervision of the capital market, the Act of 5 November 2009. with cooperative savings and credit cashions and the Act of 19 August 2011. for payment services. ';

3) in art. 6 in the mouth. Point 1 shall be replaced by the following:

' (1) referred to in the Act of 28 August 1997. about the organisation and functioning of pension funds, the Act-Banking Law, the Act of 26 October 2000. o freight exchanges, the law on insurance activities, the Act of 22 May 2003. on insurance intermediation, the Act of 20 April 2004. occupational pension schemes, the Act of 20 April 2004. on the individual pension accounts and individual pension insurance accounts, the Act of 27 May 2004. o Investment funds, the Act of 29 July 2005. on the trading of financial instruments, the Act of 29 July 2005. on public offering and conditions for the introduction of financial instruments to organised trading and on public companies, the Act of 21 November 2008. about capital pensions and of the Act of 19 August 2011. for payment services, ';

4) in art. 12 in the mouth. Point 5 shall be replaced by the following:

' (5) supervision of payment institutions, electronic money institutions and branches of foreign electronic money institutions in matters of:

(a) the granting of a permit to operate as a national payment institution, a national electronic money institution or an external branch of an electronic money institution,

(b) issuing the injunctions referred to in Article 68, art. 102 (1) 1 point 4, art. 132g and art. 132z ust. 4 point 2 of the Act of 19 August 2011. on payment services,

(c) the withdrawal of authorisations for the pursuit of activities as a national payment institution, a national electronic money institution or a branch of an external electronic money institution,

(d) the limitation of the activities of the national payment institution, the national electronic money institution, the foreign branch of the electronic money institution or the business units of those entities,

(e) the imposition of the penalty payments referred to in Article 3. 73b par. 2, art. 105 (1) 1 points 4 and 5, art. 106 (1) 2 and Art. 132za par. 2 points 1 and 2 and paragraph 2. 4 of the Act of 19 August 2011. on payment services,

(f) the adoption of the decisions referred to in Article 3. 132e (1) 1 of the Act of 19 August 2011. on payment services,

(g) the prohibition referred to in Article 132e (1) 3 and 4 and Art. 132f ust. 1 of the Act of 19 August 2011. on payment services,

(h) the issuing of the order referred to in Article 132e (1) 6 and Article 132f ust. 4 of the Act of 19 August 2011. for payment services; '.

Article 20. [ The Act on the commercialisation of the public utility company "Poczta Polska"] In the Act of 5 September 2008. on the commercialisation of the public utility company "Poczta Polska" (Dz. U. No 180, pos. 1109 and 2012 items 1529) in art. 13 in the mouth. 1 after point 2, the following point 2a is added:

" 2a) issue electronic money and provide services related to its issuing on the territory of the Republic of Poland or by a branch in the territory other than the Republic of Poland of a Member State of the European Union or the State of the European Free Trade Agreement (EFTA); '.

Article 21. [ Law on statutory auditors and their self-government, entities entitled to audit financial statements and on public oversight] In the Act of 7 May 2009 about the experts and their local authorities, entities entitled to audit financial statements and on public supervision (Dz. U. Nr 77, pos. 649, 2010 No. 182, pos. 1228 and 2012 items 1166) in art. 2 in point 4 (a) e is replaced by the following

" (e) national electronic money institutions, branches of EU electronic money institutions and branches of foreign electronic money institutions-within the meaning of the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ²⁵⁾), '.

Article 22. [ The Act on Cooperative Savings and Credit Cases] In the Act of 5 November 2009. with cooperative savings and credit cashions (Dz. U. 2012 r. items 855 and 1166 and of 2013 items 613) in art. 3:

(1) (1) 2.

" 2. The accounts referred to in paragraph 1. 1, the provisions of the Act of 29 August 1997 shall apply accordingly. -Banking law (Dz. U. 2012 r. items 1376, of late. 1. ²⁶⁾) about bank cash settlements and the provisions of the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ²⁷⁾) as regards the provision of payment services. ';

2. the following paragraph shall be inserted. 3 as follows:

" 3. Cash register and Kasa Krajowa are entitled to issue electronic money for the benefit of the members of the kas, under the conditions set out in the Act of 19 August 2011. on payment services. '.

Article 23. [ Gambling Act] In the Act of 19 November 2009. o Gambling games (Dz. U. Nr. 201, pos. 1540, with late. 1. ²⁸⁾) in Article 15e:

1. The introduction to the calculation is replaced by the following

'An entity which arranges for reciprocal betting through the Internet is obliged to carry out the transactions resulting from these plants only through the payment account held in:';

2. in point 3, the period shall be replaced by a semicolon and the following point 4 shall be added:

" 4) another institution authorized to carry out the payment account in accordance with the Act of 19 August 2011. on payment services (Dz. U. Nr. 199, pos. 1175, from late. 1. ²⁹⁾). '.

Article 24. [ Payment services activities] On the basis of the authorisations referred to in Article 60 par. 1 of the Act as amended in Art. 1, including the provision of payment services referred to in Article 3 para. Article 1 (5) of that Law, as it has so far, may be carried out in the provision of the payment service referred to in Article 3 (1) of the 3 para. 1 point 5 of this Act, as amended by this Act.

Article 25. [ Application of the provisions in the version set out in this Act for the first time] 1. Rules of Art. 14a-14c of the law amended in art. 1, as amended by this Act, shall be applied for the first time for the transmission of information for the second reporting period after the reporting period in which the date of entry into force of this Law is entered into.

2. For the quarter in which the date of entry into force of this Act falls, and for the quarter following this quarter, the clearing agents, publisher of payment cards and banks and electronic money institutions shall transfer to the National Bank of Poland information on their activities within the scope and under the rules laid down in the Article. 13 (1) 1, art. 15 para. 4 and art. 64 par. 1 of the Act repealed by Article 38.

Article 26. [ Claims redress] 1. The statute of limitations of claims for electronic payment instruments arising prior to the date of entry into force of this Act and not expired by that time shall apply the provisions of the existing one.

2. The limitation of claims for the buyout of electronic money from contracts concluded before the date of entry into force of this Act, the course of which has not commenced to that date, shall apply the term referred to in art. 59o of the Act to be amended in art. 1, as amended by this Act.

3. The limitation of claims for the buyout of electronic money, the course of which began before the date of entry into force of this Act, shall apply the term referred to in art. 59o of the Act to be amended in art. 1, as amended by this Act, with the fact that the limitation period begins on the date of entry into force of this Law.

Article 27. [ Implementation of the risk management and internal control system] National payment institutions holding the authorisation referred to in Article 1 of this Act on the date of entry into force of this Law. 60 par. 1 of the Act as amended in Art. 1, the risk management and internal control system referred to in Article shall be implemented. 64 par. 1 point 3 of the Act as amended in Art. 1, as amended by this Act, and to adjust the level of financial resources to cover own funds up to the amount set out in the Article. 76 of the Act as amended in Art. 1, as amended by this Act, within 12 months from the date of entry into force of this Act.

Article 28. [ Calculation of the payment to cover the costs of supervision] Until the end of the calendar year in which the date of entry into force of this Act falls, payments to cover the supervision costs referred to in Article 113 (1) 1 of the Act as amended in Art. 1, shall be calculated on a previous basis.

Article 29. [ National electronic money institutions and branches of foreign electronic money institutions] 1. The national electronic money institutions and branches of foreign electronic money institutions which on the date of entry into force of this Act carry out activities on the basis of the Act repealed in Art. 38, may continue to operate in the field of issuing electronic money and the provision of payment services on an existing basis, but not longer than within a period of 6 months from the date of entry into force of this Act, and in the case of submission in the date of application for authorisation referred to in Article 132a ust. 1 or in Art. 132zh ust. 1 of the Act as amended in Art. 1, as amended by this Act, pending the examination of the application.

2. The entities referred to in paragraph. 1, determine the average value of the electronic money remaining in circulation, within the meaning of the Article 2 point 27a of the Act as amended in Article 1 as amended by this Act, for the first time at the latest on the first day of the month following the expiration of 6 months from the date of entry into force of this Law.

Article 30. [ Proceedings for the granting of an authorisation to operate as a national payment institution] 1. To proceedings for authorization to operate as a national payment institution, referred to in art. 60 par. 1 of the Act as amended in Art. 1, instituted and not completed before the date of entry into force of this Act shall apply the provisions of the Act amended in Art. 1, as amended by this Act.

2. To proceedings for authorization to operate as an electronic money institution, referred to in art. 36 ust. 3 of the Act repealed by Article 38, initiated and not completed before the date of entry into force of this Act, shall apply the provisions of the Act as amended in Art. 1, as amended by this Act.

Article 31. [ Bankruptcy proceedings] The current provisions shall apply to insolvency proceedings initiated prior to the entry into force of this Law on national electronic money institutions or branches of EU electronic money institutions.

Article 32. [ Bankruptcy of entity] 1. Function at the date of entry into force of this Law of the legal relationship forming the system, other than those mentioned in art. 15 para. 1 and 2 of the Act as amended in Art. 13, on which the consent referred to in art is required from the date of entry into force of this Law. 16 ust. 1 of the Act as amended in Art. 13, in connection with the participation in this system of the institution referred to in art. 1 point 5 (a) This Act, as amended by this Act, may be continued on a previous basis, but not later than 6 months from the date of entry into force of this Act and, in the event of a submission by the operator within that period, such a system of application for consent, as referred to in Article 16 ust. 1 of the Act as amended in Art. 13-pending the examination of the application.

2. If the bankruptcy of an entity referred to in art. 1 point 5 (a) l Act as amended in Art. 13, as amended by this Act, was announced before the date of entry into force of this Act, the effects of its notice and proceedings after the announcement of bankruptcy do not apply the provisions of the Act as amended in art. 13.

Article 33. [ Obligations of entities operating payment systems] Entities operating on the date of entry into force of this Act payment systems within the meaning of Article 1 point 1 of the Act as amended in Art. 13 are obliged to pass to the President of the National Bank of Poland documents indicating the links referred to in art. 17 para. 2 point 7 of the Act as amended in Art. 13, as amended by this Act, within 6 months from the date of entry into force of this Act.

Article 34. [ Adaptation of the activities by the providers of services by electronic means in the territory of a Member State of the European Union] Entities referred to in Article 50 point 1 of the Act repealed by Article 38, providing services by electronic means within the territory of a Member State of the European Union and of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area other than the Republic of Poland, shall be obliged to adapt this activity to the principles set out in the Act as amended in Art. 14 within 6 months from the date of entry into force of this Act.

Article 35. [ Continuation of proceedings] Initiated prior to the entry into force of this Act of proceedings in the cases referred to in Article 12 (1) 2 point 5 of the Act as amended in Art. 19, as amended by this Act, relating to electronic money institutions or branches of foreign electronic money institutions, carried out in accordance with art. 12 (1) 1 of this act by the Chairman of the Polish Financial Supervision Authority, Deputy Chairman of the Financial Supervision Commission and employees of the Office of the Financial Supervision Authority, may be continued by these entities to complete the proceedings in the given instance.

Article 36. [ Application of existing implementing rules] 1. Existing implementing rules issued on the basis of art. 61 (1) 3, art. 83 (1) 3, art. 115 and art. 125 para. 8 and 9 of the Act as amended in Art. 1 shall remain in force until the date of entry into force of the implementing rules adopted on the basis of the Article 61 (1) 3, art. 83 (1) 3, art. 115 and art. 125 para. 8 and 9 of the Act as amended in Art. 1, as amended by this Act, no longer than for 12 months from the date of entry into force of this Act.

2. Existing implementing rules issued on the basis of art. 13 (1) 5 of the Act as amended in Art. 13 shall remain in force until the date of entry into force of the implementing rules adopted pursuant to the Article. 13 (1) 5 of the Act as amended in Art. 13, as amended by this Act, but not later than 6 months from the date of entry into force of this Act.

3. Existing implementing rules issued on the basis of art. 13 (1) 2, art. 15 para. 5 and art. 64 par. 2 of the Act repealed by Article 38 shall retain power until the date of entry into force of the implementing rules adopted on the basis of the Article. 14d of the Act as amended in Art. 1, as amended by this Act, but not later than 6 months from the date of entry into force of this Act.

Article 37. [ Maximum limit of expenditure of the State budget for the years 2013-2022] 1. The maximum spending limit of the state budget for the years 2013-2022 is 13 220,4 thousand. PLN, with the fact that in the year:

1) 2013-1130 thousand. PLN;

2) 2014-1158,25 thousand. PLN;

3) 2015-1198,79 thousand. PLN;

4) 2016-1246,74 thousand. PLN;

5) 2017-1295.36 thousand. PLN;

6) 2018-1344,59 thousand. PLN;

7) 2019-1391,65 thousand. PLN;

8) 2020-1438,96 thousand. PLN;

9) 2021-1485,01 thousand. PLN;

10) 2022-1531.05 thousand. PLN.

2. In the event of a risk of exceeding the limit of expenditure referred to in paragraph 1, for the financial year concerned, a correction mechanism shall be applied to:

1) to limit the costs of the Office of the Financial Supervision Authority in connection with the performance of tasks resulting from the supervision of electronic money institutions and branches of foreign electronic money institutions, or

2) rationalization of the frequency of carrying out activities within the supervision exercised by the Financial Supervision Commission over electronic money institutions and branches of foreign electronic money institutions.

3. The competent authority for the implementation of the correction mechanism referred to in paragraph 3. 2, the Financial Supervision Commission and the Authority of the Financial Supervision Authority respectively.

4. The competent authority to monitor the use of the expenditure limit referred to in paragraph 4. 1, shall be the Minister responsible for financial institutions.

Article 38. [ Repealed provisions] The Law of 12 September 2002 shall be repealed. o electronic payment instruments (Dz. U. 2012 r. items 1232).

Article 39. [ Entry into force] The Act shall enter into force after 30 days from the day of the announcement, except for Art. 1 point 35, which enters into force after 3 months from the day of the announcement.

President of the Republic of Poland: B. Komorowski

¹⁾ This Act implements Directive 2009 /110/EC of the European Parliament and of the Council of 16 September 2009 on its regulation. 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 (Dz. Urz. EU L 267, 10.10.2009, p. 7).

²⁾ The Act is amended by the Act of 28 July 1983. with inheritance tax and donations, the Act of 26 July 1991. on personal income tax, the Act of 15 February 1992. on corporate income tax, the Act of 6 June 1997. -Penal Code, Act of 29 August 1997. -Tax Ordinance, Act of 29 August 1997. o National Bank Polski, Act of 29 August 1997 -Banking law, Act of 17 December 1998. with pensions from the Social Insurance Fund, the Act of 10 September 1999. -Code of Treasury, Act of 16 November 2000. anti-money laundering and the financing of terrorism, the Law of 7 December 2000. on the functioning of cooperative banks, their association and association banks, the Act of 24 August 2001. the settlement finality in payment systems and securities settlement systems and the rules for the supervision of these systems, the Act of 18 July 2002. of the provision of services by electronic means, the Act of 27 July 2002. -Law on foreign exchange, Law of 2 April 2004. of certain financial security, of the Act of 2 July 2004. on the freedom of economic activity, the Act of 15 April 2005. on the supplementary supervision of credit institutions, insurance undertakings, reinsurance undertakings and investment firms forming part of a financial conglomerate, the Act of 21 July 2006. on the supervision of the financial market, the Act of 5 September 2008. on the commercialisation of the public utility company "Poczta Polska", the Act of 7 May 2009. of the expert reports and their local authorities, entities entitled to audit financial statements and on public oversight, the Act of 5 November 2009. with cooperative savings and credit cashions and the Act of 19 November 2009. o Gambling games.

³⁾ The amendments to the said Act were announced in Dz. U. of 1971. Nr 27, pos. 252, of 1976. No 19, pos. 122, of 1982 No 11, pos. 81, Nr 19, poz. 147 and No. 30, pos. 210, of 1984 Nr 45, poz. 242, of 1985. Nr 22, pos. 99, of 1989. No 3, pos. 11, of 1990. Nr 34, pos. 198, Nr 55, poz. 321 and No. 79, pos. 464, of 1991 No. 107, item. 464 i Nr 115, poz. 496, of 1993 No 17, pos. 78, of 1994. Nr 27, pos. 96, Nr 85, poz. 388 and No. 105, pos. 509, of 1995. Nr 83, pos. 417, 1996 No. 114, item. 542, Nr 139, pos. 646 i Nr 149, poz. 703, of 1997 Nr 43, pos. 272, Nr 115, pos. 741, Nr 117, pos. 751 and No. 157, pos. 1040, of 1998 No. 106, pos. 668 i Nr 117, poz. 758, 1999 Nr 52, pos. 532, of 2000 Nr 22, pos. 271, No 74, pos. 855 and 857, Nr. 88, pos. 983 i No 114, pos. 1191, 2001 No 11, pos. 91, No. 71, pos. 733, Nr 130, poz. 1450 and No. 145, pos. 1638, 2002 Nr 113, pos. 984 and No. 141, pos. 1176, 2003 Nr 49, poz. 408, Nr 60, poz. 535, Nr 64, pos. 592 and Nr 124, pos. 1151, 2004 Nr 91, pos. 870, Nr 96, poz. 959, Nr 162, pos. 1692, Nr 172, pos. 1804 and Nr 281, poz. 2783, of 2005 Nr 48, poz. 462, Nr 157, pos. 1316 and Nr 172, pos. 1438, of 2006 No. 133, item. 935 i No 164, pos. 1166, 2007 Nr 80, pos. 538, Nr 82, pos. 557 and No. 181, pos. 1287, 2008 Nr 116, pos. 731, Nr 163, pos. 1012, Nr 220, poz. 1425 and 1431 and Nr 228, pos. 1506, 2009 Nr 42, pos. 341, Nr. 79, pos. 662 and No. 131, pos. 1075, of 2010 Nr 40, pos. 222 and No. 155, pos. 1037 and 2011 Nr 80, pos. 432, Nr. 85, pos. 458 i Nr 230, poz. 1370.

⁴⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2010 Nr 40, pos. 224, Nr 134, pos. 903, No 238, pos. 1578 and No 257, pos. 1726, of 2011 Nr 75, poz. 398, Nr 149, poz. 887, Nr 168, pos. 1001, Nr 187, pos. 1112 and No. 205, pos. 1203, of 2012 items 118, 251, 637, 664 and 1548 and from 2013. items 240, 786 and 960.

⁵⁾ Amendments to the text of the single law have been announced in the Dz. U. 2009 r. No. 218, item. 1690, of 2010 Nr 105, pos. 668, Nr 182, poz. 1228, No. 225, pos. 1474, Nr 254, poz. 1700 and No 257, pos. 1725, of 2011 Nr 45, poz. 235, Nr. 75, pos. 398, Nr 138, pos. 808, No. 171, pos. 1016, No. 197, pos. 1170, No 199, pos. 1175, No. 232, pos. 1378 and No. 291, pos. 1706, of 2012 items 611, 637, 769, 1342 and 1548 and of 2013 items 675, 827, and 983.

⁶⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2010 No. 182, pos. 1228, of 2011 Nr 134, pos. 779, No. 199, pos. 1175, No 234, pos. 1391 and No. 291, pos. 1707, of 2012 items 1529 and from 2013 items 613 and 1036.

⁷⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2011 r. Nr 75, poz. 398, Nr. 85, pos. 458, Nr 149, poz. 887 and Nr 171, pos. 1016.

⁸⁾ Amendments to the text of the single law have been announced in the Dz. U. 2012 r. items 362, 596, 769, 1278, 1342, 1448, 1529 and 1540 and from 2013. items 21, 888 and 1027.

⁹⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2011 r. No. 102, pos. 585, No. 106, pos. 622, Nr 134, pos. 781, Nr 178, pos. 1059, Nr 205, poz. 1202 and No 234, pos. 1389 and 1391, of 2012 items 362, 596, 769, 1010, 1342, 1448 and 1540 and 2013. items 21, 613, 888, 1012 and 1027.

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

¹¹⁾ Amendments to the text of the single law have been announced in the Dz. U. 2012 r. items 1101, 1342 and 1529 and of 2013 items 35, 985 and 1027.

¹²⁾ Amendments to the text of the single law have been announced in the Dz. U. 2012 r. items 1385 and 1529 and 2013 items 777.

¹³⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

¹⁴⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2010 Nr 40, pos. 224, Nr 134, pos. 903, No 238, pos. 1578 and No 257, pos. 1726, of 2011 Nr 75, poz. 398, Nr 149, poz. 887, Nr 168, pos. 1001, Nr 187, pos. 1112 and No. 205, pos. 1203, of 2012 items 118, 251, 637, 664 and 1548 and from 2013. items 240, 786 and 960.

¹⁵⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

¹⁶⁾ Amendments to the text of the single law have been announced in the Dz. U. of 2010 No. 182, pos. 1228, of 2011 Nr 134, pos. 779, No. 199, pos. 1175, No 234, pos. 1391 and No. 291, pos. 1707, of 2012 items 1529 and from 2013 items 613.

¹⁷⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

¹⁸⁾ The amendments to the said Act were announced in Dz. U. of 2001. No. 111, item. 1195, 2002 No. 141, pos. 1178 and No. 216, pos. 1824, 2003 No. 137, item. 1303 i Nr 228, poz. 2260, 2004 Nr 91, pos. 870, 2006 Nr 157, poz. 1119, 2007 Nr 52, pos. 344, of 2008 Nr 209, poz. 1315 and 2009 Nr 127, pos. 1050.

¹⁹⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

²⁰⁾ The amendments to the said Act were announced in Dz. U. of 2004 Nr 96, pos. 959 and No. 173, pos. 1808, 2007 Nr 50, poz. 331, of 2008. No. 171, item. 1056 and No. 216, pos. 1371, of 2009 Nr 201, pos. 1540, of 2011 Nr 85, pos. 459 and No. 134, pos. 779 and 2012 items 1445.

²¹⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

²²⁾ The amendments to the said Act were announced in Dz. U. 2006 r. Nr 157, poz. 1119, of 2009 Nr 42, pos. 341 and of 2012 items 1385.

²³⁾ Amendments to the text of the single law have been announced in the Dz. U. 2012 r. items 1166 and 1385 and of 2013 items 70 and 1012.

²⁴⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

²⁵⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

²⁶⁾ Amendments to the text of the single law have been announced in the Dz. U. 2012 r. items 1385 and 1529 and 2013 items 777 and 1036.

²⁷⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

²⁸⁾ The amendments to the said Act were announced in Dz. U. of 2010 Nr 127, pos. 857 and 2011 No. 106, pos. 622 and Nr 134, pos. 779.

²⁹⁾ The amendments to the said Act were announced in Dz. U. of 2011 r. No. 291, item. 1707, of 2012 items 1166 and 2013 items 1036.

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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ACT of 12 July 2013 amending the Act on Payment Services and certain other laws 1), 2)

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ACT

of 12 July 2013

amending the Act on Payment Services and certain other laws ^{1), 2)}