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Payment Service Provider Limited in Offering Payment Services, Not Authorized to Operate as Financial Entities
A recent development has come to light regarding payment service providers in [jurisdiction]. According to sources close to the matter, these entities are limited in their ability to offer payment services and are not authorized to operate as financial entities.
Funds Deposited in Payment Accounts Not Guaranteed by Deposit Insurance Fund
In addition to being limited in their scope of activities, funds deposited in payment accounts with these entities are not guaranteed by the Deposit Insurance Fund. This means that depositors may face losses if the entity defaults or goes out of business.
Reporting Obligations and Governance Requirements
Payment service providers in [jurisdiction] must comply with extensive reporting obligations and governance requirements, including:
- Filing financial statements
- Capital adequacy reports
- Exchange transactions
- Forward transactions
- Consumer credit status
- Rejected cheques
- Import monitoring system
- Liquidity ratio
- Periodic position of treasury bills
- Net stable funding ratio
Risk Management Requirements
The Central Bank has issued guidelines requiring payment service providers to have a comprehensive risk management process in place, including:
- Oversight by the board and senior management to identify, evaluate, follow up, control, and mitigate all significant risks
- Adequate processes to ensure the size and economic importance of each entity, as well as the nature and complexity of its operations
Internal and External Audit Requirements
Financial entities are required to perform internal and external audits, regulated by:
- Regulation on Minimum Requirements of Internal Audits
- Regulation on Minimum Requirements of External Audits
Senior Management Structure
The senior management structure of payment service providers in [jurisdiction] is subject to certain requirements, including:
- Designating two individuals responsible for complying with reporting obligations
- Ensuring that the entity’s activities are consistent with its business strategy, policies, and risks
Executive Compensation
Compensation in the banking sector may be freely determined by each financial entity. However, the compensation of directors cannot exceed the limits established by the General Companies Law.
Change of Control and Transfers of Banking Business
Mergers and portfolio sales require prior authorization from the Central Bank. In addition, a transfer of shares or irrevocable capital contributions that is capable of altering the structure of the shareholders’ groups must be agreed “ad referendum” with the approval of the Central Bank.
Conclusion
In conclusion, payment service providers in [jurisdiction] are limited in their ability to offer payment services and are not authorized to operate as financial entities. Depositors should be aware of the risks involved and take necessary precautions to protect their funds.