Regulatory Alerts2019-04-23
Instruction No. 2019-I-16 of April 23, 2019 amending Instruction No. 2013-I-09 of July 12, 2013 regarding forms for approval, agent declaration, and notification of freedom of establishment and services for electronic money institutions
The Prudential Control and Resolution Authority (ACPR) issued Instruction No. 2019-I-16 to update the regulatory framework for electronic money institutions operating within the European Economic Area. The instruction replaces Annexes 1 through 7 of the original 2013 instruction and modifies Article 9 to mandate the electronic submission of approval requests and related documents via the ACPR's 'Autorisations' portal. This regulatory update entered into force on May 1, 2019, following consultation with the Prudential Affairs and Anti-Money Laundering committees.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2019-I-16 amending Instruction No. 2013-I-09 of July 12, 2013 regarding the forms for applications for approval, declaration of agent, as well as notification of freedom of establishment, freedom to provide services, use of an agent, and recourse to a distributor in another Member State of the European Union or in another State party to the Agreement on the European Economic Area for an electronic money institution
The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to Instruction No. 2013-I-09 of July 12, 2013 regarding the forms for applications for approval, declaration of agent, as well as notification of freedom of establishment, freedom to provide services, use of an agent, and recourse to a distributor in another Member State of the European Union or in another State party to the Agreement on the European Economic Area for an electronic money institution, as amended by Instructions No. 2018-I-01 and No. 2018-I-02 of February 21, 2018; Having regard to the opinion of the Prudential Affairs Advisory Committee of April 3, 2019; Having regard to the opinion of the Anti-Money Laundering and Counter-Terrorist Financing Advisory Committee of April 10, 2019,
DECIDES
Article 1: Annex 1 of the aforementioned Instruction No. 2013-I-09 is replaced by Annex 1 of this Instruction.
Article 2: Annex 2 of the aforementioned Instruction No. 2013-I-09 is replaced by Annex 2 of this Instruction.
Article 3: Annex 3 of the aforementioned Instruction No. 2013-I-09 is replaced by Annex 3 of this Instruction.
Article 4: Annex 4 of the aforementioned Instruction No. 2013-I-09 is replaced by Annex 4 of this Instruction.
Article 5: Annex 5 of the aforementioned Instruction No. 2013-I-09 is replaced by Annex 5 of this Instruction.
Article 6: Annex 6 of the aforementioned Instruction No. 2013-I-09 is replaced by Annex 6 of this Instruction.
Article 7: Annex 7 of the aforementioned Instruction No. 2013-I-09 is replaced by Annex 7 of this Instruction.
Article 8: Article 9 of the aforementioned Instruction No. 2013-I-09 is replaced by the following provisions:
"The form and supplementary documents, duly completed and signed, must be sent in electronic format to the Prudential Control and Resolution Authority by uploading them to the Autorisations portal at the following address: https://acpr-autorisations.banque-france.fr"
Article 9: This Instruction enters into application on May 1, 2019.
Paris, April 23, 2019 The Designated President, [Denis BEAU]