Regulatory Alerts2013-11-12
Instruction No. 2013-I-13 of 12 November 2013 on Declaration Forms for Exemption from Authorization of Credit Institutions, Electronic Money Institutions, and Payment Institutions, as Amended
The Prudential Control and Resolution Authority issued this instruction to establish the specific declaration forms required for entities seeking exemption from authorization to provide payment banking services, issue electronic money, or provide payment services. It mandates that eligible companies submit the designated electronic dossiers to the Authority's General Secretariat via the official ACPR portal. The instruction entered into force upon its publication and incorporates amendments from subsequent directives issued in 2018, 2019, and 2024.
PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY
Instruction No. 2013-I-13 of 12 November 2013 on the declaration forms for exemption from authorization of credit institutions for the provision of payment banking services, exemption from authorization of electronic money institutions for the issuance and management of electronic money, and declaration of exemption from authorization of payment institutions for the provision of payment services, as amended by Instructions No. 2018-I-01, No. 2018-I-02 of 21 February 2018, No. 2019-I-17 of 23 April 2019, and No. 2024-I-13 of 24 October 2024
The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code; Having regard to the opinion of the Prudential Affairs Consultative Committee of 4 November 2013, DECIDES
Article 1: This instruction applies: 1° To companies likely to meet the conditions for exemption from authorization as a credit institution as referred to in the second paragraph of Article L. 511-7 of the Monetary and Financial Code; 2° To companies likely to meet the conditions for exemption from authorization as an electronic money institution as referred to in Article L. 525-5 of the Monetary and Financial Code; 3° To companies likely to meet the conditions for exemption from authorization as a payment institution as referred to in the first paragraph of Article L. 521-3 of the Monetary and Financial Code.
Article 2: Pursuant to the second paragraph of Article L. 511-7 of the Monetary and Financial Code, companies intending to provide payment banking services under the conditions provided for in that same article must submit to the General Secretariat of the Prudential Control and Resolution Authority the standard file "Declaration of Exemption from Authorization of Credit Institution under the second paragraph of Article L. 511-7 of the Monetary and Financial Code - Provision of Payment Banking Services" provided for in Annex 1 to this instruction.
Article 3: Pursuant to Article L. 525-6 of the Monetary and Financial Code, companies intending to issue and manage electronic money under the conditions provided for in Article L. 525-5 of the aforementioned Code must submit to the General Secretariat of the Prudential Control and Resolution Authority the standard file "Declaration of Exemption from Authorization of Electronic Money Institution under Article L. 525-5 of the Monetary and Financial Code" provided for in Annex 2 to this instruction.
Article 4: Pursuant to the second paragraph of Article L. 521-3 of the Monetary and Financial Code, companies intending to provide payment services under the conditions provided for in the first paragraph of Article L. 521-3 of the aforementioned Code must submit to the General Secretariat of the Prudential Control and Resolution Authority the standard file "Declaration of Exemption from Authorization of Payment Institution under the first paragraph of Article L. 521-3 of the Monetary and Financial Code - Provision of Payment Services" provided for in Annex 3 to this instruction.
Article 5: The form and supplementary documents, duly completed and signed, must be submitted in electronic format to the Prudential Control and Resolution Authority by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr.
Article 6: This instruction enters into force upon its publication.
Paris, 12 November 2013 The President of the Prudential Control and Resolution Authority,
Christian NOYER