BOARD OF THE BANK OF LITHUANIA. RESOLUTION No 46 ON THE REGULATIONS ON KEEPING THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS. of 24 December 2009

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1 BOARD OF THE BANK OF LITHUANIA Unofficial translation RESOLUTION No 46 ON THE REGULATIONS ON KEEPING THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS of 24 December 2009 Vilnius Acting pursuant to Article 9 of the Law of the Republic of Lithuania on the Bank of Lithuania (Valstybės žinios (Official Gazette) No , 1994; No , 2001), Article 12(6) of the Law of the Republic of Lithuania on Payment Institutions (Valstybės žinios (Official Gazette) No , 2009), the Board of the Bank of Lithuania has r e s o l v e d: To approve the Regulations on Keeping the Public Register of Payment Institutions (appended). Chairman of the Board Reinoldijus Šarkinas

2 2 APPROVED by Resolution No 246 of the Board of the Bank of Lithuania of 24 December 2009 REGULATIONS ON KEEPING THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS I. GENERAL PROVISIONS 1. The Regulations on Keeping the Public Register of Payment Institutions (hereinafter the Regulations) define the grounds for the registration of the payment institution and credit union, branches and agents of the payment institution in the Public Register of Payment Institutions, refusal to register and deregistration, data provided in the Public Register of Payment Institutions and requirements for keeping the Register. 2. These Regulations shall apply to payment institutions holding the authorisation or limited authorisation of the payment institution granted by the Bank of Lithuania and registered in the Register of Legal Entities, their branches and agents (hereinafter payment institutions, their branches and agents) and credit unions holding the authorisation granted by the Bank of Lithuania (hereinafter in the Regulations the authorisation of the payment institution, limited authorisation of the payment institution and the credit union authorisation together referred to as the authorisation). 3. Terms used in the Regulations shall have the meaning assigned to them in the Law on Payment Institutions, the Law on Payments and the Law on Credit Unions. 4. Documents furnished under these Regulations to the Bank of Lithuania and actions performed thereby shall be subject to the requirements of the General Regulations on Filing and Processing the Applications of Credit Institutions for the Issuance of Authorisations and on Granting Thereof approved by Resolution No 58 of the Board of the Bank of Lithuania of 6 May 2004 (Valstybės žinios (Official Gazette) No , II. REGISTRATION OF PAYMENT INSTITUTIONS AND CREDIT UNIONS, BRANCHES AND AGENTS OF PAYMENT INSTITUTIONS IN THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS 5. A payment institution or credit union shall be included in the Public Register of Payment Institutions according to the data specified in the documents submitted for obtaining the authorisation. 6. A payment institution, having established a branch in the Republic of Lithuania must file with the Bank of Lithuania an application referred to in Annex 1 to these Regulations for entering in the Public Register of Payment Institutions. 7. A payment institution intending to provide payment services through the agent shall file with the Bank of Lithuania an application referred to in Annex 2 to these Regulations for entering in the Public Register of Payment Institutions. 8. A branch of the payment institution established in a host Member State and the information about the provision of payment services of the payment institution without establishing a branch in a host Member State shall be entered on the basis of documents and data established in Annexes 1 and 2 to the Regulations for Exercising the Right to Provide Payment Services in the Republic of Lithuania and Host Member States approved by Resolution No 245 of the Board of the Bank of Lithuania of 30 December 2009.

3 3 9. Payment institutions shall be entered in the Public Register of Payment Institutions within 5 business days of obtaining the authorisation and registration in the Register of Legal Entities, branches of the payment institution in the Republic of Lithuania within 5 business days of filing the application referred to in paragraph 6 to these Regulations, agents of payment institutions within 1 month of filing the application referred to in paragraph 7 of these Regulations, and o branches of payment institutions in host Member States and information about the provision of payment services of the payment institution without establishing a branch within 1 month of submission of documents referred to in paragraph 8 to these Regulations. 10. The Bank of Lithuania shall have the right to refuse entering the agents and branches of the payment institution in the Public Register of Payment Institutions and the information about the provision of payment services of the payment institution without establishing a branch, if: submitted documents do not conform to the requirements established by the Law on Payment Institutions, these Regulations and other legal acts, not all data stipulated by legal acts or required additionally are submitted, or are incorrect; there are grounds to refuse entering the agent or branch of the payment institution in the Public Register of Payment Institutions established in Article 10(7) and Article 16(4) of the Law on Payment Institutions; the Bank of Lithuania has adopted the decision to refuse communicating the information to the supervisory authority of the respective Member State. 11. The Bank of Lithuania shall notify the payment institution about its decision to refuse entering in the Public Register of Payment Institutions the agent or branch of the payment institution or information about the provision of payment services of the payment institution without establishing a branch. III. GROUNDS FOR DEREGISTRATION OF PAYMENT INSTITUTIONS AND CREDIT UNIONS AND BRANCHES AND AGENTS OF PAYMENT INSTITUTIONS FROM THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS 12. A payment institution or a credit union shall be deregistered from the Public Register of Payment Institutions upon withdrawal of its authorisation. 13. Agents and branches of the payment institution shall be deregistered from the Public Register of Payment Institutions on the grounds stipulated in Article 10(7), Article 16(5) and (6)) and Article 29 notifying to the effect the payment institution. IV. DATA OF THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS 14. The following particulars of the payment institution shall be specified in the Public Register of Payment Institutions: payment institution s name; legal person s code; legal person s legal form; domicile, specifying postal code; authorisation number and issue date; payment services which the authorisation grants the right to provide under Article 5 of the Law on Payments; full name of the head of administration (manager); telephone, fax, ; website address (if applicable); name and address of the payment institution s branch in the Republic of Lithuania indicating postal code, full name of the branch manager;

4 name and address of the payment institution s branch in the host Member State, also indicating postal code, full name(s) of the branch manager(s), telephone, fax, website address (if applicable); provided payment services specified in the payment institution authorisation; name of the host Member State in which the payment institution will provide payment services without establishing a branch, full name of the contact person; provided payment services specified in the payment institution authorisation; identification particulars of the payment institution s agent (for natural persons full name, place of residence indicating postal code, and for legal persons name, legal form, domicile, also indicating postal code), full name, telephone, fax, website address (if applicable) of the head of administration (legal person); payment services provided through the agent as specified in the payment institution authorisation. 15. The following particulars of the credit union shall be specified in the Public Register of Payment Institutions: credit union s name; address, indicating postal code; full name of the head of administration; telephone, fax, ; website address (if applicable). V. KEEPING THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS 16. The Bank of Lithuania shall keep the Public Register of Payment Institutions using the software. 17. The particulars of the payment institution and credit union, branches and agents of the payment institution specified in paragraphs 14 and 15 of these Regulations shall be publicly available and updated ion a regular basis by the Bank of Lithuania on its internet website. 18. If details specified in paragraphs 14 and 15 of these Regulations change after entering the payment institution and credit union and branches and agents of the payment institution in the Public Register of Payment Institutions, the payment institution or the credit union must furnish the Bank of Lithuania with their changed particulars immediately, but no later than within 15 days of the day of their change. The payment institution informing about changes of the agent s management body members shall furnish the documents and data about appointed (elected) new members of management bodies of the agent stipulated in items 13.4 and 14.2 of the Regulations on Requirements for Payment Institution Managers and Members of Management Bodies of the Agent and Notification on Payment Institution Managers approved by Resolution No 238 of the Board of the Bank of Lithuania of 24 December The Bank of Lithuania shall update the changed data of Public Register of Payment Institutions on its website no later than within 5 business days of the day of submission of all properly executed documents or adoption of decision of the Bank of Lithuania. 20. The payment institution and the credit union, payment institution branches and agents shall be removed from the Public Register of Payment Institutions within 5 business days of receipt of the payment institution or credit union s application or adoption of decision of the Bank of Lithuania.

5 5 Annex 1 to Regulations on Keeping the Public Register of Payment Institutions APPLICATION FOR ENTERING THE BRANCH OF THE PAYMENT INSTITUTION ESTABLISHED IN THE REPUBLIC OF LITHUANIAN IN THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS I. Item 3.1 of the Application shall be filled out in capital letters leaving one empty box between words. II. Items 3.2, 4 of the Application shall be filled out accompanied by annexes to the Application. Name of applying payment institution (completed in capital letters) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ INFORMATION ABOUT THE BRANCH 1. Branch name, address, postal code 2. Contact details of the branch (telephone, fax) 3. Branch managers 3.1. Manager s full name and duties _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3.2. Copy of the branch manager s identification document 4. Branch regulations Date of filling out _ _ _ _ _ _ _ _ (Duties, signature and full name of a person filing the notification on behalf of the payment institution. If the notification is signed not by the head of administration of the payment institution, the document evidencing the right to act for the payment institution shall also be submitted)

6 6 Annex 2 to Regulations on Keeping the Public Register of Payment Institutions APPLICATION FOR ENTERING THE AGENT OF THE PAYMENT INSTITUTION ESTABLISHED IN THE REPUBLIC OF LITHUANIAN IN THE PUBLIC REGISTER OF PAYMENT INSTITUTIONS I. Item 1 of the Application shall be filled out in capital letters leaving one empty box between words. II. items 9, of the Application shall be filled out accompanied by annexes to the Application. Name of applying payment institution (completed in capital letters) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I. INFORMATION ABOUT THE AGENT 1. Agent s forename, surname / name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. Agent s legal form (for legal entities) 3. Agent s personal identification number / code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4. Agent s place of residence / head office address, indicating postal code (if the agent s place of residence / head office address is in a host Member State to specify the name of the host Member State) 5. Agent s contact details (telephone, fax, ) 6. Agent s website address (if applicable) 7. Other trade names (if are / will be used in the provision of payment services) II. INFORMATION ABOUT ENVISAGED PAYMENT SERVICES AND PLACE OF THEIR PROVISION 8. Payment services envisaged to be provided through the agent 8.1. services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account

7 services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account 8.3. execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider: execution of direct debits, including one-off direct debits, execution of payment transactions through a payment card or a similar device and (or) execution of credit transfers, including standing orders 8.4. execution of payment transactions where the funds are covered by a credit line for a payment service user: execution of direct debits, including one-off direct debits, execution of payment transactions through a payment card or a similar device, execution of credit transfers, including standing orders 8.5. issuing and/or acquiring of payment instruments 8.6. money remittance 8.7. execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunication, digital or IT device and the payment is made to the telecommunication, IT system or network operator, acting only as an intermediary between the payment service user and the supplier of the goods and services 9. Are you going to grant loans related with payment services indicated in Article 5(4), (5) and (7) of the Law on Payments? (If item 10 is marked yes, a detailed description of such activities should be provided) 10. Date from which the payment institution is planning to provide payment services through the agent _ _ _ _ _ _ _ _ 11. Structural organisation of the agent III. REQUIREMENTS FOR THE AGENT A description of management and structural organisation of the agent (disclosure of functional and legal relationships of accountability to the agent s managers, the agent s link with the structural organisation of the payment institution) Are you planning to assign business functions to other persons? (If yes, provide a description of the envisaged assignment of business functions to other persons)

8 A description of (envisaged) participation of the agent in payment systems A description of the internal control mechanisms which the applicant has established in order to comply with obligations established by the Law on the Prevention of Money Laundering and Terrorist Financing (if the agent is registered in the Republic of Lithuania), laws of the host Member State implementing Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing and Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds A detailed description of the internal control system of the agent and links of such system with the general system of internal control of the payment institution Documents and data about members of the agent s management bodies specified in items 13.4 and 14.2 paragraphs of the Regulations on Requirements for Payment Institution Managers and Members of Management Bodies of the Agent and Notification on Payment Institution Managers approved by Resolution No 238 of the Board of the Bank of Lithuania of 24 December 2009 Date of filling out _ _ _ _ _ _ _ _ (Duties, signature and full name of a person filing the notification on behalf of the payment institution. If the notification is signed not by the head of administration of the payment institution, the document evidencing the right to act for the payment institution shall also be submitted)