2026-07-03
Added · Updated
The Central Bank of the Republic of Kosovo establishes the conditions, requirements, procedures, and time limits for authorizing payment institutions and electronic money institutions, registering account information service providers, and granting preliminary approvals for specific transactions. The regulation mandates that applicants provide detailed information regarding identification, programs of operation, business plans, organizational structures, and evidence of initial capital, while requiring minimum paid-in capital contributions to be made in cash with verified legal sources. It further outlines obligations for safeguarding user funds through separate bank accounts, insurance policies, or guarantees, and defines the governance and management responsibilities for these entities.
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Pursuant to Article 35, paragraph 1 subparagraph 1.1 and Article 65, of the Law No. 03/L-209 on Central Bank of the Republic of Kosovo (Official Gazette of the Republic of Kosovo, No.77 / 16 August 2010), amended and supplemented by Law No. 05/L–150 (Official Gazette of the Republic of Kosovo / No. 10 / 03 April 2017), Article 12, paragraph 4, and Article 136 of the Law No.10/L-026 on Payment Services (Official Gazette of the Republic of Kosovo,No.10 / 14 May 2026), the Board of the Central Bank of the Republic of Kosovo, at its meeting held on June 29, 2026, approved the following:
REGULATION ON THE AUTHORIZATION, GRANTING PRELIMINARY APPROVALS AND GOVERNANCE OF PAYMENT INSTITUTIONS AND ELECTRONIC MONEY INSTITUTIONS AND FOR THE REGISTRATION OF ACCOUNT INFORMATION SERVICE PROVIDERS
CHAPTER I
GENERAL PROVISIONS
Article 1
Purpose
Article 2
Scope
2.14. Law on accounting, financial reporting and auditing – means Law No. 06/l-032 on
Accounting, Financial Reporting and Auditing and / or the Law in force for accounting, financial reporting and auditing;
2.15. PI – means a payment institution as defined in the Law on Payment Services;
2.16. PISP – means a payment initiation service provider as defined in the Law on Payment
Services;
2.17. PII – means the professional indemnity insurance as defined in the Law on Payment
Services;
2.18. PIS – means payment initiation services as defined in the Law on Payment Services;
2.19. PSP – means a payment service provider as defined in the Law on Payment Services.
2.20. Bearer shares – are shares of a legal person, whose ownership is transferred to the person
that owns or holds the certificate/document of the bearer shares without the need of an agreement/contract for transferring the ownership of these shares;
2.21. Nominee shareholder – is the registered shareholder of a legal person that holds shares on
the current shareholder’s behalf (beneficiary owner), according to an agreement;
2.22. Shell bank – a bank or institution engaged in equivalent activities, established in a country
where it has no physical presence, which makes possible to exercise an actual direction and management without being affiliated with any regulated financial group;
2.23. Subsidiary – any legal entity in which another person or group of persons acting in concert
holds directly or indirectly (i) the equivalent of fifty percent or more of any class of voting shares or (ii) a significant interest that permits such person or group of persons to exercise control over the legal entity in which such shares are held;
CHAPTER II
MINIMUM INITIAL CAPITAL FOR PAYMENT INSTITUTIONS AND ELECTRONIC MONEY INSTITUTIONS
Article 4
Minimum initial capital
The minimum amount of capital required for authorization and maintained for payment institutions
and electronic money institutions shall be in accordance with the provisions of Article 9 and 30 of the LPS and Article 4 of Regulation on own funds for payment institutions and electronic money institutions.
Each payment of minimum paid-in capital, its later increase and any change in the capital structure
of the payment institution and of the electronic money institution should be made in cash and be accompanied with the presentation of information to CBK with regard to the source of this capital, respectively a banking document which proves the payment of capital (if applicable), as it is provided for in Article 20, Article 54 and Article 63, paragraph 1 subparagraph 1.3 of this Regulation.
CBK has the right to request further information and carry out further checks relating to the
creation source/sources of contributions/funds that shall serve as a minimum initial capital or as a future increase in its structure.
CBK is entitled to request clarification and conduct further verifications regarding the source(s)
which will serve as paid-in capital or as any other subsequent addition.
Where CBK concludes, or is reasonably suspicious of the capital structure or its source being
associated to persons with criminal convictions by a final court decision, who have family relations or close personal, working or business relationship in accordance with legal stipulations, with the proposed shareholders/partners, or is related to companies registered in tax havens or offshores, it notifies and requires from the Financial Intelligence Unit whether it has information regarding the proposed shareholders/partners, and shall suspend the procedure on granting the authorization up to a response from the latter.
The sources of capital funds must be legal and must not derive from public borrowed funds, loans
and/or other funds whose origin is unknown or unlawful.
CHAPTER III
INFORMATION REQUIRED FROM APPLICANTS FOR AUTHORIZATION AS PAYMENT INSTITUTIONS
Article 5
Scope
This Chapter applies to applicants for authorization as PIs. This includes applicants that intend to
provide the services referred to in subparagraphs 1.2.1 to 1.2.7 of Article 4 of the LPS or the service in subparagraph 1.2.8 in combination with other payment services.
Applicants that intend to provide only the service referred to in subparagraph 1.2.8 of Article 4 of
the LPS are subject to the specific set of requirements for AISPs set out in Chapter IV of this Regulation.
Article 6
General principles
Entities interested to be authorized as a payment institution (PI) should meet all requirements set
out in the LPS and this regulation. The applicant may request from the CBK necessary forms of applying and the instructions for completing them, only after holding the informative meeting with the CBK’s representatives.
Financial institutions including Microfinance Institution and Nonbank Financial Institution that
submit the application to be authorized as a payment institutions or electronic money institutions, apply all the requirements provided in LPS and this Regulation for payment institutions, with the exception of the requirements of Articles 7, 20 and 21.
The application to obtain an authorization as a payment institution shall be submitted in writing
and signed by the founding shareholder(s) or their legal representative and shall be submitted to the CBK. The application must be submitted together with the complete documentation / information as required by the LPS and this regulation.
The information provided by applicants should be true, complete, accurate and up to date, and
applicants shall comply with all the provisions in this Regulation that apply to them. The level of information detail should be proportionate to the applicant’s size and internal organization, and to the nature, scope, complexity and risk level of the payment services that are intended to be
provided. In any event, in accordance with the LPS, the directors and the persons responsible for the management of the payments institution should have good reputation and possess appropriate knowledge and experience to perform payment services, regardless of the institution’s size, its internal organization and the nature, scope or complexity of its activities and the duties and responsibilities of the relevant position.
5. When submitting the information required, the applicant should avoid making references to
specific sections of internal procedures/documents. Instead, the applicant should extract the relevant sections of those documents and provide these to the CBK.
6. Should the CBK requires clarifications on the information that has been submitted, the applicant
should provide such clarification without delay.
7. All data requested under this Chapter for authorization as PI are needed for the assessment of the
application and will be treated by the CBK in accordance with the professional secrecy obligations set out in the LPS without prejudice to applicable legal requirements and procedures on the exercise of the right to access, rectify, cancel or oppose.
8. In all cases when the applicant is a foreign financial institution which applies to establish a payment
institution in Kosovo, a statement of the supervisor from the home country is needed, if applicable, stating that there is no objection for the establishment of operation in Kosovo and that it exercises consolidated supervision on applicants for the authorization as payment institution;
9. If it considers reasonable, CBK may request additional information other than information
requested under this Chapter.
10. The required documentation according to this Chapter should be in one of the two official
languages of the Republic of Kosovo, in original or notarized copy. In the case of documentation issued by the relevant official authorities in foreign countries other than the Republic of Kosovo, the documentation must be legalized by the responsible authorities of the respective States.
Article 7
Identification data of the entity
Article 8
Program of operations
Article 9
Business plan
Article 10
Organizational structure
Article 12
Measures to safeguard the funds of payment service users
1.7. a description of the way outsourced functions are monitored and controlled so as to avoid an
impairment in the quality of the PI’s internal controls;
1.8. a description of the way any agents and branches are monitored and controlled within the
framework of the applicant’s internal controls;
1.9. where the applicant is the subsidiary of a regulated entity in an EU Member State or a foreign
regulated entity, a description of the group governance.
Article 14
Procedure for monitoring, handling and following up on security incidents and securityrelated customer complaints
1.7. the ICT system and technical security measures that have been implemented including
encryption and/or tokenization;
1.8. identification of the individuals, bodies and/or committees with access to the sensitive
payment data;
1.9. an explanation of how breaches of confidentiality and integrity of information will be detected
and addressed;
1.10. an annual internal control program in relation to the safety of the ICT systems.
Article 16
Business continuity arrangements
Article 18
Security policy document
1.7.3. a description of the systems and procedures that the applicant has in place for
transaction analysis and the identification of suspicious or unusual transactions;
1.8. a detailed risk assessment in relation to its payment services, including fraud, which is linked
to the control and mitigation measures explained in the application file, demonstrating that the risks are addressed;
1.9. a list of the main written procedures in relation to the applicant’s ICT systems or, for
procedures that have not yet been formalized, an estimated date for their finalization.
Article 19
Internal control mechanisms to comply with obligations in relation to money laundering and terrorism financing (AML/CFT) obligations
suitability of shareholders/partners with qualifying holdings in the applicant’s (PI’s) capital, should submit the following information:
1.1. a description of the group to which the applicant belongs and an indication of the parent
undertaking, where applicable;
1.2. a chart setting out the shareholder structure of the applicant, including:
1.2.1. the name and the percentage holding (capital/voting right) of each person that has or
will have a direct holding in the share capital of the applicant, identifying those that are considered as qualifying holders and the reason for such qualifications;
1.2.2. the name and the percentage holding (capital/voting rights) of each person that has or
will have an indirect holding in the share capital of the applicant, identifying those that are considered as indirect qualifying holders and the reason for such qualification;
1.3. a list of the names of all persons and other entities that have or, in the case of authorization,
will have qualifying holdings in the applicant’s capital, indicating for each such person or entity:
1.3.1. the number and type of shares or other holdings subscribed or to be subscribed;
1.3.2. the nominal value of such shares or other holdings.
2. Where a person who has or, in the case of authorization, will have a direct or indirect qualifying
holding in the applicant’s capital is a natural person, the application should set out all of the following information relating to the identity and suitability of that person:
2.1. the person’s name and name at birth, date and place of birth, citizenship (current and
previous), identification number (where available) and/or passport number, address and a copy of the official identity document;
2.2. a detailed curriculum vitae stating the education and training, previous professional
experience, any dismissal from employment and any professional activities or other functions currently performed;
2.3. a notarial statement, accompanied by supporting documents according to their territorial
jurisdiction, containing the following information concerning the person:
2.3.1. the disclosure of spent convictions, any criminal conviction or proceedings where the
person has been found against and which were not set aside;
2.3.2. any civil or administrative decisions in matters of relevance to the assessment or
authorization process where the person has been found against and any administrative sanctions or measures imposed as a consequence of a breach of laws or regulations (including disqualification as a company director), in each case which were not set aside and against which no appeal is pending or may be filed;
2.3.3. any insolvency case, including where the person was not responsible for the
bankruptcy, or similar procedures of any entity exercising economic activity;
2.3.4. any pending criminal investigations;
2.3.5. any civil or administrative investigations, enforcement proceedings, sanctions or other
enforcement decisions against the person concerning matters that may be considered relevant to the authorization to commence the activity of a PI or to the sound and prudent management of a PI;
2.3.6. where such documents can be obtained, an official certificate or any other equivalent
document evidencing whether or not any of the events set out in subparagraphs 2.3.1 to 2.3.5 of this article, has occurred in respect of the relevant person;
2.3.7. any case of refusal of registration, authorization, membership or license to carry out
trade, business or a profession;
2.3.8. any withdrawal, revocation or termination of a registration, authorization, membership
or license to carry out trade, business or a profession;
2.3.9. any case of expulsion by a public authority or institution in the financial services sector
or by a professional body or association;
2.3.10. any position of responsibility with an entity subject to any criminal conviction or
proceedings, administrative investigations, sanctions or other enforcement decisions for conduct failings, including in respect of fraud, dishonesty, corruption, money laundering, terrorist financing or other financial crime, or of failure to put in place adequate policies and procedures to prevent such events, held at the time when the alleged conduct occurred, together with details of such occurrences and of the person’s involvement, if any;
2.3.11. any dismissal from employment or a position of trust, any removal from a fiduciary
relationship (other than as a result of the relevant relationship coming to an end by passage of time) and any similar situation;
2.3.12. that the person is not under a mandatory execution process, for outstanding liabilities,
as certified by the Bailiff’s Office;
2.3.13. the borrower's certificate or report from the credit registry or an equivalent document
issued by the competent authorities of the foreign state;
2.3.14. the aforementioned documents must be issued no earlier than 3 (three) months from
the date of the application submission to CBK.
2.4. a list of undertakings that the person directs or controls and of which the applicant is aware of
after due and careful enquiry; the percentage of control either direct or indirect in these companies; their status (whether or not they are active, dissolved, etc.); and a description of insolvency or similar procedures;
2.5. where an assessment of reputation of the person has already been conducted by a competent
authority in the financial services sector, the identity of that authority and the outcome of the assessment;
2.6. the current financial position of the person, including details concerning sources of revenues,
assets and liabilities, security interests and guarantees, whether granted or received;
2.7. a declaration whether the person is a politically exposed person and whether it has of any links
to politically exposed persons, as defined in Law on AML/CFT.
3. Where a person or entity who has or, in the case of authorization, will have a direct or indirect
qualifying holding in the applicant’s capital (including entities that are not a legal person and which hold or should hold the participation in their own name), the application should contain the following information relating to the identity and suitability of that legal person or entity:
3.1. name;
3.2. where the legal person or entity is registered in a central register, commercial register,
companies register or similar register that has the same purposes of those aforementioned, a copy of the good standing, if possible, or otherwise a registration certificate;
3.3. the addresses of its registered office and, where different, of its head office, and principal
place of business;
3.4. contact details;
3.5. corporate documents, the statute of the company, or, where the person is registered abroad, a
summary explaining the main legal features of the legal form or the entity;
3.6. decision of the decision-making body of the company on participation in the capital of the
payment institution;
3.7. whether or not the legal person or entity has ever been or is regulated by CBK or by any other
government body;
3.8. where such documents can be obtained, an official certificate or any other equivalent
document evidencing the information set out in subparagraphs 3.1 to 3.6 of this Article, issued by the relevant competent authority;
3.9. the information referred to in subparagraphs 2.3, 2.4, 2.5, 2.6 and 2.7 of this Article in relation
to the legal person or entity;
3.10. a list containing details of each person who effectively directs the business of the legal person
or entity, including their name, date and place of birth, address, their national identification number, where available, and a detailed curriculum vitae (stating relevant education and training, previous professional experience, any professional activities or other relevant functions currently performed), together with the information referred to in subparagraphs
2.3 and 2.7 above in respect of each such person;
3.11. the shareholding structure of the legal person, including at least their name, date and place
of birth, address and, where available, personal identification number or registration number, and the respective share of capital and voting rights of direct or indirect shareholders or partners and beneficial owners, as defined in the Law on AML/CFT;
3.12. a description of the regulated financial group of which the applicant is a part, or may become
a part, indicating the parent undertaking and the credit, insurance and security entities within the group; the name of their competent authorities (on an individual or consolidated basis);
3.13. annual financial statements, at the individual and, where applicable, the consolidated and
sub-consolidated group levels, for the last three financial years, where the legal person or entity has been in operation for that period (or, if less than 3 (three) years, the period for which the legal person or entity has been in operation and for which financial statements have been prepared), approved by the statutory auditor or audit firm in accordance with the Law on accounting, financial reporting and auditing, where applicable, including each of the following items:
3.13.1. the balance sheet;
3.13.2. the profit-and-loss accounts or income statement;
3.13.3. the annual reports and financial annexes and any other documents registered with the
relevant registry or competent authority of the legal person;
3.14. certificate by competent authorities on compliance with fiscal duties (for foreign legal
persons - legally equivalent documents in accordance with the respective foreign legislation/jurisdiction);
3.15. where the legal person has not been operating for a sufficient period to be required to prepare
financial statements for the 3 (three) financial years immediately prior to the date of the application, the applicant shall provide the existing financial statements (if any);
3.16. where the legal person or entity has its head office abroad, general information on the
regulatory framework of that jurisdiction as applicable to the legal person or entity, including information on the extent to which that jurisdiction’s AML/CFT framework is consistent with the Financial Action Task Force Recommendations (FATF Recommendations);
3.17. for entities that do not have legal persons such as a collective investment undertaking, a
sovereign wealth fund or a trust, the application shall contain the following information:
3.17.1. the identity of the persons who manage assets and of the persons who are beneficiaries
or subscribers;
3.17.2. a copy of the document establishing and governing the entity including the investment
policy and any restrictions on investment applicable to the entity.
4. The application shall set out all of the following information for each natural or legal person or
entity who has or, in the case of authorization, will have a direct or indirect qualifying holding in the capital of the applicant:
4.1. details of that person’s or entity’s financial or business reasons for owning that holding and
the person’s or the entity’s strategy regarding the holding, including the period for which the person or the entity intends to hold the holding and any intention to increase, reduce or maintain the level of the holding in the foreseeable future;
4.2. details of the person’s or the entity’s intentions in respect of the applicant and of the influence
the person or the entity intends to exercise over the applicant, including in respect of the dividend policy, the strategic development and the allocation of resources of the applicant, whether or not it intends to act as an active minority shareholder, and the rationale for such intention;
4.3. information on the person’s or the entity’s willingness to support the applicant with additional
own funds if needed for the development of its activities or in the case of financial difficulties;
4.4. the content of any intended shareholder’s or member’s agreements with other shareholders or
members in relation to the applicant;
4.5. an analysis as to whether or not the qualifying holding will impact in any way, including as a
result of the person’s close links to the applicant, on the ability of the applicant to provide timely and accurate information to the competent authorities;
4.6. the identity of each member of the management body or of senior management who will direct
the business of the applicant and will have been appointed by or following an appointment from such shareholders or members, together with, to the extent not already provided, the information set out in Article 21.
5. The application should set out a detailed explanation of the specific sources of funding for the
participation of each person or entity having a qualifying holding in the applicant’s capital, which should include:
5.1. notary statement of shareholders or partners for the source of paid-in capital and that the
source of this capital is not a public borrowed fund, credit and/or other funds, the origin of which is illegal.
5.2. details on the use of private financial resources, including their availability and source, to
verify that the activity from which such funds were generated is legitimate and acceptable to the CBK;
5.3. for shareholders organized as legal person or entity, notary statement of shareholders on the
source of the initial capital paid and for any additional ones during the performance of the activity, must be accompanied by the following documentation:
5.3.1. evidence of the source of capital, such as the independent external auditor's report,
annual financial statements, gifts or other resources intended to be used in the purchase of the applicant's shares;
5.3.2. certificate issued by the competent authorities, which provides data on the balance of
the legal person or entity and on the payment of tax obligations.
5.4. for shareholders as individuals or natural persons, notarial declaration of shareholders on the
source of the initial capital paid and for any additional ones during the development of the activity, must be accompanied by the following documentation:
5.4.1. proof on the source of capital creation such as buying and selling, gifts, wages, bank
deposits or other certificates for the source of capital creation;
5.4.2. certificates proving payment of tax obligations;
6. The information requirements established in this article are applicable to the authorization process
of payment institutions and to the approval process in any situation of change in direct or indirect qualifying holding of shareholding or quotas, as referred to in Article 13, paragraphs 1 and 2 of the LPS.
Article 21
Identity and suitability assessment of directors and persons responsible for the management of the PI
1.1.3.2. the planned start date and duration of the mandate;
1.1.3.3. a description of the individual’s key duties and responsibilities;
1.2. where applicable, information on the suitability assessment carried out by the applicant, which
should include details of the result of any assessment of the suitability of the individual performed by the institution, such as relevant board minutes or suitability assessment reports or other documents;
1.3. evidence of knowledge, skills and experience, which should include a curriculum vitae
containing details of education and professional experience, including academic qualifications, other relevant training, the name and nature of all organizations for which the individual works or has worked, the nature and duration of the functions performed, in particular highlighting any activities within the scope of the position sought;
1.4. a declaration whether the person is a politically exposed person and whether it has any links
to politically exposed persons, as defined in Law on AML/CFT.
1.5. evidence of reputation, honesty and integrity, which should include:
1.5.1. the disclosure of spent convictions, any criminal conviction or proceedings where the
person has been found against and which were not set aside;
1.5.2. any civil or administrative decisions in matters of relevance to the assessment or
authorization process where the person has been found against and any administrative sanctions or measures imposed as a consequence of a breach of laws or regulations (including disqualification as a company director), in each case which were not set aside and against which no appeal is pending or may be filed;
1.5.3. any insolvency case and that the person has not been responsible for the bankruptcy, or
similar procedures of any entity exercising economic activity;
1.5.4. any pending criminal investigations;
1.5.5. any civil or administrative investigations, enforcement proceedings, sanctions or other
enforcement decisions against the person concerning matters that may be considered relevant to the authorization to commence the activity of a PI or to the sound and prudent management of a PI;
1.5.6. where such documents can be obtained, an official certificate or any other equivalent
document evidencing whether or not any of the events set out in subparagraphs 1.5.1 to 1.5.5 has occurred in respect of the relevant person;
1.5.7. any refusal of registration, authorization, membership or license to carry out trade,
business or a profession;
1.5.8. any withdrawal, revocation or termination of a registration, authorization, membership
or license to carry out trade, business or a profession;
1.5.9. any expulsion by a public authority or institution in the financial services sector or by
a professional body or association;
1.5.10. any position of responsibility in an entity subject to any criminal conviction or
proceedings, administrative investigations, sanctions or other enforcement decisions for conduct failings, including in respect of fraud, dishonesty, corruption, money laundering, terrorist financing or other financial crime, or of failure to put in place adequate policies and procedures to prevent such events, held at the time when the
alleged conduct occurred, together with details of such occurrences and of the person’s involvement, if any;
1.5.11. any dismissal from employment or a position of trust, any removal from a fiduciary
relationship (other than as a result of the relevant relationship coming to an end by passage of time) and any similar situation;
1.5.12. the current financial position of the person, including details concerning sources of
revenues, assets and liabilities, security interests and guarantees, whether granted or received;
1.5.13. that the person is not under a mandatory execution process, for outstanding liabilities,
as certified by the Bailiff’s Office;
1.5.14. The aforementioned documents must be issued no earlier than 3 (three) months from
the date of the application submission to CBK.
1.5.15. information concerning the following:
1.5.15.1. investigations, enforcement proceedings or sanctions by a supervisory
authority that the individual has been directly or indirectly involved in;
1.5.15.2. refusal of registration, authorization, membership or license to carry out a
trade, business or profession; the withdrawal, revocation or termination of registration, authorization, membership or license; or expulsion by a regulatory or government body or by a professional body or association;
1.5.15.3. dismissal from employment or a position of trust, fiduciary relationship or
similar situation, or having been asked to resign from employment in such a position, excluding redundancies;
1.5.15.4. whether or not an assessment of reputation of the individual as an acquirer
or a person who directs the business of an institution has already been conducted by foreign authority, including the identity of that authority, the date of the assessment and evidence of the outcome of this assessment, and the consent of the individual, where required, to seek and process such information and use the provided information for the suitability assessment;
1.5.15.5. whether or not any previous assessment of the individual, on authority
from another, non-financial sector, has already been conducted, including the identity of that authority and evidence of the outcome of such an assessment.
Article 22
Identity of statutory auditors or audit firms
In accordance with Article 12, paragraph 1, subparagraph 1.15 of the LPS, the entity that applies for authorization as a payment institution, information on the statutory auditors or audit firms should contain the names, addresses and contact details of auditors.
Article 23
Professional indemnity insurance or a comparable guarantee for payment initiation services and account information services
As evidence of a professional indemnity insurance or comparable guarantee that is compliant with
CBK Regulation on the criteria on how to stipulate the minimum monetary amount of the professional insurance or other comparable guarantee and Article 8, paragraphs 2 and 3 of the LPS, the applicant for the provision of PIS or AIS should provide the following information:
1.1. an insurance contract or other equivalent document confirming the existence of professional
indemnity insurance or a comparable guarantee, with a cover amount that is compliant with the Regulation on the criteria on how to stipulate the minimum monetary amount of the professional indemnity insurance or other comparable guarantees, showing the coverage of the relevant liabilities;
1.2. documentation of how the applicant has calculated the minimum amount in a way that is
compliant with Regulation on the criteria on how to stipulate the minimum monetary amount of the professional indemnity insurance or other comparable guarantees, including all applicable components of the formula specified therein.
CHAPTER IV
INFORMATION REQUIRED FROM APPLICANTS FOR REGISTRATION AS ACCOUNT INFORMATION SERVICE PROVIDERS
Article 24
Scope
This Chapter applies to applicants for registration as AISP. This refers to applicants that intend to provide only AIS as defined in subparagraph 1.2.8 of Article 4 of the LPS. Should the applicant intend to provide additional services to those of AIS they should apply for authorization and refer to the provisions set out in Chapter III for PIs of this regulation.
Article 25
General principles
Entities interested in registration as an account information service provider should meet all
requirements pursuant to the LPS which are necessary for the application process and this regulation. The applicant may request from the CBK necessary forms for applying and the instructions for completing them, only after holding the informative meeting with the CBK’s representatives.
The application to obtain a registration as a AISP shall be submitted in writing and signed by the
founders or their legal representative of the entity and shall be submitted to the CBK, with the physical presence of the founders or the legal representative of the entity. The application must be submitted together with the complete documentation/information required by the LPS and this regulation.
The information provided by applicants should be true, complete, accurate and up to date. All
applicants should comply with all the provisions in the set of provisions in this Regulation that applies to them. The level of details should be proportionate to the applicant’s size and internal organization, and to the nature, scope, complexity and riskiness of the particular service(s) that the applicant intends to provide. In any event, in accordance with the LPS, the directors and the persons responsible for the management of the AISP/PI are of good repute and possess appropriate knowledge and experience to perform payment services, regardless of the institution’s size, internal organization and the nature, scope and complexity of its activities and the duties and responsibilities of the specific position.
When submitting the information required, the applicant should avoid making references to
specific sections of internal procedures/documents. Instead, the applicant should extract the relevant sections and provide these to the CBK.
Should the CBK require clarifications on the information that has been submitted, the applicant
should provide such clarification without delay.
All data requested under this Chapter for registration as AISP are needed for the assessment of the
application and will be treated by the CBK in accordance with the professional secrecy obligations set out in the LPS without prejudice to applicable legal requirements and procedures on the exercise of the right to access, rectify, cancel or oppose.
In all cases when the applicant is a foreign financial institution which applies to establish a AISP
in Kosovo, a statement of the supervisor from the home country is needed, if applicable, stating that there is no objection for the establishment of operation in Kosovo and that it exercises consolidated supervision on applicants for the registration as AISP;
If it considers reasonable, CBK may request additional information other than information
requested under this Chapter.
The required documentation according to this Chapter should be in one of the two official
languages of the Republic of Kosovo, in original or notarized copy. In the case of documentation issued by the relevant official authorities in foreign countries other than the Republic of Kosovo, the documentation must be legalized by the responsible authorities of the respective States.
Article 26
Identification data of the entity
If the applicant is a natural person, the identification details to be provided by the applicant should
contain the following information:
1.1. name, address, nationality, date and place of birth;
1.2. a copy of the identity card /passport or an official equivalent identification document;
1.3. an updated curriculum vitae;
1.4. the following certificates issued by the competent authorities, according to their territorial
jurisdiction not older than 3 (three) months:
1.4.1. that the person is not under criminal investigation;
1.4.2. that the person is not standing trial for a criminal offence;
1.4.3. that the person has not been convicted for committing a criminal offence;
1.5. the name(s) of the person(s) in charge of dealing with the application file and registration
procedure, and their contact details.
2. If the applicant is a legal person, the identification details to be provided by the applicant should
contain the following information:
2.1. the applicant’s corporate name and, if different, trade name;
2.2. the applicant’s business registration certificate as a legal person, issued by the Business
Registration Agency of Kosovo, in which it is defined the activity/ies for which the subject is submitting an application for authorization, as well as unique national identification number, if applicable;
2.3. the applicant’s legal status, founding act (if applicable) and articles of association;
2.4. the address of the applicant’s head office;
2.5. the applicant’s electronic address and website, if available;
2.6. the name of the person(s) in charge of dealing with the application file and registration
procedure, and their contact details;
2.7. evidence of payment of the authorization application fees.
Article 27
Program of operations
1.8. the information specified in CBK Regulation on the criteria on how to stipulate the minimum
monetary amount of the professional indemnity insurance or other comparable guarantee where the applicant intends to provide only AIS.
1.9. information on investments in information and communication technology systems,
accompanied by a list of equipment, software, etc.
Article 28
Business plan
1.4.1. a mapping of the off-site and on-site checks that the applicant intends to perform of
branches and agents;
1.4.2. the ICT systems, processes and infrastructure that are used by the applicant’s agents to
perform activities on behalf of the applicant;
1.4.3. in the case of agents, the selection policy, monitoring procedures and agents’ training
and, where available, the draft terms of engagement;
1.5. a list of all natural or legal persons that have close links with the applicant AISP, indicating
their identity and the nature of those links.
2. In accordance with Article 12, paragraph 1, subparagraph 1.12 of the LPS, if the applicant is a
legal person, the description of the organizational structure of its undertaking should contain the following information:
2.1. a detailed organizational chart, showing each division, department or similar structural
separation, including the name of the person(s) responsible, in particular those in charge of internal control functions; the chart should be accompanied by a description of the functions and responsibilities of each division, department or similar structural separation;
2.2. an overall forecast of the staff number for the next 3 (three) years;
2.3. a description of the relevant outsourcing arrangements consisting of:
2.3.1. the identity and geographical location of the outsourcing provider;
2.3.2. the identities of the persons within the AISP that are responsible for each of the
outsourced activities;
2.3.3. a detailed description of the outsourced activities and its main characteristics;
2.4. a copy of draft outsourcing agreements;
2.5. if applicable, a description of the use of branches and agents, including:
2.5.1. a mapping of the off-site and on-site checks that the applicant intends to perform of
branches and agents;
2.5.2. the ICT systems, processes and infrastructures that are used by the applicant’s agents
to perform activities on behalf of the applicant;
2.5.3. in the case of agents, the selection policy, monitoring procedures and agents’ training
and, where available, the draft terms of engagement;
2.6. a list of all natural or legal persons that have close links with the applicant, indicating their
identities and the nature of those links.
Article 30
Evidence of initial capital
2. For the evidence of initial capital to be provided by the applicant in accordance with Article 9 of
the LPS and Article 4 of Regulation on Initial Capital and Own Funds for Payment Institutions and Electronic Money Institutions, the applicant should submit the following documents:
2.1. for existing undertakings, an audited account statement or public register certifying the
amount of capital of the applicant;
2.2. for undertakings in the process of being incorporated, a bank statement issued by a bank
certifying that the funds are deposited in the applicant’s bank account.
Article 31
Governance arrangements and internal control mechanisms
Article 33
Process in place to file, monitor, track and restrict access to sensitive payment data
Article 35
Security policy document
1.7.3. a description of the systems and procedures that the applicant has in place for
transaction analysis and the identification of suspicious or unusual transactions.
1.8. a detailed risk assessment in relation to its payment services, including fraud, with a link to
the control and mitigation measures explained in the application file, demonstrating that the risks are addressed;
1.9. a list of the main written procedures in relation to the applicant’s ICT systems or, for
procedures that have not yet been formalized, an estimated date for their finalization.
Article 36
Identity and assessment of suitability of shareholders/partners with qualifying holdings in the applicant
2.3.2. any civil or administrative decisions in matters of relevance to the assessment or
authorization process where the person has been found responsible and any administrative sanctions or measures imposed as a consequence of a breach of laws or regulations (including disqualification as a company director), in each case which were not set aside and against which no appeal is pending or may be filed;
2.3.3. any insolvency case and that the person has not been responsible for the bankruptcy, or
similar procedures of any entity exercising economic activity;
2.3.4. any pending criminal investigations;
2.3.5. any civil or administrative investigations, enforcement proceedings, sanctions or other
enforcement decisions against the person concerning matters that may be considered relevant to the authorization to commence the activity of an AISP or to the sound and prudent management of an AISP;
2.3.6. where such documents can be obtained, an official certificate or any other equivalent
document evidencing whether or not any of the events / circumstances set out in subparagraphs 2.3.1 to 2.3.5 has occurred in respect of the relevant person;
2.3.7. any refusal of registration, authorization, membership or license to carry out trade,
business or a profession;
2.3.8. any withdrawal, revocation or termination of a registration, authorization, membership
or license to carry out trade, business or a profession;
2.3.9. any expulsion by an authority or public sector institution in the financial services sector
or by a professional body or association;
2.3.10. any position of responsibility with an entity subject to any criminal conviction or
proceedings, administrative investigations, sanctions or other enforcement decisions for conduct failings, including in respect of fraud, dishonesty, corruption, money laundering, terrorist financing or other financial crime, or of failure to put in place adequate policies and procedures to prevent such events, held at the time when the alleged conduct occurred, together with details of such occurrences and of the person’s involvement, if any, in them;
2.3.11. any dismissal from employment or a position of trust (fiduciary), any removal from
a fiduciary relationship (other than as a result of the relevant relationship coming to an end by passage of time) and any similar situation;
2.3.12. that the person is not under a mandatory execution process, for outstanding liabilities,
as certified by the Bailiff’s Office;
2.3.13. the borrower's certificate or report from the credit registry or an equivalent document
issued by the competent authorities of the foreign state;
2.3.14. the aforementioned documents must be issued no earlier than 3 (three) months from
the date of the application submission to CBK.
2.4. a list of undertakings that the person directs or controls and of which the applicant is aware of
after due and careful enquiry; the percentage of control either direct or indirect in these companies; their status (whether or not they are active, dissolved, etc.); and a description of insolvency or similar procedures;
2.5. where an assessment of reputation of the person has already been conducted by a competent
authority in the financial services sector, the identity of that authority and the outcome of the assessment;
2.6. the current financial position of the person, including details concerning sources of revenues,
assets and liabilities, security interests and guarantees, whether granted or received;
2.7. a declaration whether the person is a politically exposed person and whether it has of any links
to politically exposed persons, as defined in Law on AML/CFT.
3. Where a person or entity who has or, in the case of registration, will have a direct or indirect
qualifying holding in the applicant’s capital (including entities that are not a legal person and which hold or should hold the participation in their own name), the application should contain the following information relating to the identity and suitability of that legal person or entity:
3.1. name;
3.2. where the legal person or entity is registered in a central register, commercial register,
companies register or similar register that has the same purposes of those aforementioned, a copy of the good standing, if possible, or otherwise a registration certificate;
3.3. the addresses of its registered office and, where different, of its head office, and principal
place of business;
3.4. contact details;
3.5. corporate documents, the statute of the company, or, where the person is registered abroad, a
summary explaining the main legal features of the legal form or the entity;
3.6. decision of the decision-making body of the company on participation in the capital of the
AISP;
3.7. whether or not the legal person or entity has ever been or is regulated by CBK or by any other
government body;
3.8. where such documents can be obtained, an official certificate or any other equivalent
document evidencing the information set out above in subparagraphs 3.1 to 3.6 of this article, issued by the relevant competent authority;
3.9. the information referred to in subparagraphs 2.3, 2.4, 2.5, 2.6 and 2.7 of this article in relation
to the legal person or entity;
3.10. a list containing details of each person who effectively directs the business of the legal person
or entity, including their name, date and place of birth, address, their national identification number, where available, and a detailed curriculum vitae (stating relevant education and training, previous professional experience, any professional activities or other relevant functions currently performed), together with the information referred to in subparagraphs
2.3 and 2.7 of this article in respect of each such person;
3.11. the shareholding structure of the legal person, including at least their name, date and place
of birth, address and, where available, personal identification number or registration number, and the respective share of capital and voting rights of direct or indirect shareholders or partners and beneficial owners, as defined in the Law on AML/CFT;
3.12. a description of the regulated financial group of which the applicant is a part, or may become
a part, indicating the parent undertaking and the credit, insurance and security entities within the group; the name of competent authorities (on an individual or consolidated basis);
3.13. annual financial statements, at the individual and, where applicable, the consolidated and
sub-consolidated group levels, for the last 3 (three) financial years, where the legal person or entity has been in operation for that period (or, if less than 3 (three) years, the period for which the legal person or entity has been in operation and for which financial statements have been prepared), approved by the statutory auditor or audit firm in accordance with the Law on accounting, financial reporting and auditing, where applicable, including each of the following items:
3.13.1. the balance sheet;
3.13.2. the profit-and-loss accounts or income statement;
3.13.3. the annual reports and financial annexes and any other documents registered with the
relevant registry or competent authority of the legal person;
3.14. certificate by competent authorities on compliance with fiscal duties (for foreign legal
persons - legally equivalent documents in accordance with the respective foreign legislation/jurisdiction);
3.15. where the legal person has not been operating for a sufficient period to be required to prepare
financial statements for the 3 (three) financial years immediately prior to the date of the application, the applicant shall set out the existing financial statements (if any);
3.16. where the legal person or entity has its head office abroad, general information on the
regulatory framework of that jurisdiction as applicable to the legal person or entity, including information on the extent to which that jurisdiction’s AML/CFT framework is consistent with the Financial Action Task Force Recommendations (FATF Recommendations);
3.17. for entities that are not legal persons such as a collective investment undertaking, a sovereign
wealth fund or a trust, the application shall set out the following information:
3.17.1. the identity of the persons who manage assets and of the persons who are beneficiaries
or subscribers;
3.17.2. a copy of the document establishing and governing the entity including the investment
policy and any restrictions on investment applicable to the entity.
4. The application shall set out all of the following information for each natural or legal person or
entity who has or, in the case of registration, will have a direct or indirect qualifying holding in the capital of the applicant:
4.1. details of that person’s or entity’s financial or business reasons for owning that holding and
the person’s or the entity’s strategy regarding the holding, including the period for which the person or the entity intends to hold the holding and any intention to increase, reduce or maintain the level of the holding in the foreseeable future;
4.2. details of the person’s or the entity’s intentions in respect of the applicant and of the influence
the person or the entity intends to exercise over the applicant, including in respect of the dividend policy, the strategic development and the allocation of resources of the applicant, whether or not it intends to act as an active minority shareholder, and the rationale for such intention;
4.3. information on the person’s or the entity’s willingness to support the applicant with additional
own funds if needed for the development of its activities or in the case of financial difficulties;
4.4. the content of any intended shareholder’s or member’s agreements with other shareholders or
members in relation to the applicant;
4.5. an analysis as to whether or not the qualifying holding will impact in any way, including as a
result of the person’s close links to the applicant, on the ability of the applicant to provide timely and accurate information to the competent authorities;
4.6. the identity of each member of the management body or of senior management who will direct
the business of the applicant and will have been appointed by, or following a nomination from, such shareholders or members, together with, to the extent not already provided, the information set out in Article 37 of this Regulation.
5. The application should set out a detailed explanation of the specific sources of funding for the
participation of each person or entity having a qualifying holding in the applicant’s capital, which should include:
5.1. notary statement of shareholders or partners for the source of paid-in capital and that the
source of this capital is not a public borrowed fund, credit and/or other funds, the origin of which is illegal.
5.2. details on the use of private financial resources, including their availability and source, to
verify that the activity from which such funds were generated is legitimate and acceptable to CBK;
5.3. for shareholders organized as legal person or entity, notary statement of shareholders on the
source of the initial capital paid and for any additional ones during the performance of the activity, must be accompanied by the following documentation:
5.3.1. proof on the source of capital made, such as the independent external auditor's report,
annual financial statements, gifts or other resources intended to be used in the purchase of the applicant's shares;
5.3.2. certificate issued by the competent authorities, which provides data on the balance of
the legal person or entity and on the payment of tax obligations.
5.4. for shareholders as individuals or natural persons, notarial declaration of shareholders on the
source of the initial capital paid and for any additional ones during the development of the activity, must be accompanied by the following documentation:
5.4.1. proof on the source of capital creation such as buying and selling, gifts, wages, bank
deposits or other certificates for the source of capital creation;
5.4.2. certificates proving payment of tax obligations;
6. The information requirements established in this article are applicable to the registration process
of AISP and to the approval process in any situation of change in direct or indirect qualifying holding of shareholding or quotas, as referred to in Article 13, paragraphs 1 and 2 of the LPS.
Article 37
Identity and suitability assessment of directors and persons responsible for the management of the AISP
1.1.1. the full name and name at birth, gender, place and date of birth, address and citizenship
(current and previous), and personal identification number and/or passport number or copy of identification card or equivalent;
1.1.2. proof of university education background and documents certifying other qualifications
of the person;
1.1.3. details of the position for which the assessment is sought, and whether or not the
management body position is executive or non-executive, this should also include the following details:
1.1.3.1. the letter of competent body decision, contract or relevant drafts, as applicable;
1.1.3.2. the planned start date and duration of the mandate;
1.1.3.3. a description of the individual’s key duties and responsibilities;
1.2. where applicable, information on the suitability assessment carried out by the applicant, which
should include details of the result of any assessment of the suitability of the individual performed by the institution, such as relevant board minutes or suitability assessment reports or other documents;
1.3. evidence of knowledge, skills and experience, which should include a curriculum vitae
containing details of education and professional experience, including academic qualifications, other relevant training, the name and nature of all organizations for which the individual works or has worked, and the nature and duration of the functions performed, in particular highlighting any activities within the scope of the position sought;
1.4. a declaration whether the person is a politically exposed person and whether it has of any links
to politically exposed persons, as defined in Law on AML/CFT.
1.5. evidence of reputation, honesty and integrity, which should include:
1.5.1. the disclosure of spent convictions, any criminal conviction or proceedings where the
person has been found against and which were not set aside;
1.5.2. any civil or administrative decisions in matters of relevance to the assessment or
authorization process where the person has been found responsible and any administrative sanctions or measures imposed as a consequence of a breach of laws or regulations (including disqualification as a company director), in each case which were not set aside and against which no appeal is pending or may be filed;
1.5.3. any insolvency case and that the person has not been responsible for the bankruptcy, or
similar procedures of any entity exercising economic activity;
1.5.4. any pending criminal investigations;
1.5.5. any civil or administrative investigations, enforcement proceedings, sanctions or other
enforcement decisions against the person concerning matters that may be considered relevant to the authorization to commence the activity of a PI or to the sound and prudent management of a PI;
1.5.6. where such documents can be obtained, an official certificate or any other equivalent
document evidencing whether or not any of the events set out in subparagraphs 1.5.1 to 1.5.5 of this Article, has occurred in respect of the relevant person;
1.5.7. any refusal of registration, authorization, membership or license to carry out trade,
business or a profession;
1.5.8. any withdrawal, revocation or termination of a registration, authorization, membership
or license to carry out trade, business or a profession;
1.5.9. any expulsion by an authority or public institution in the financial services sector or by
a professional body or association;
1.5.10. any position of responsibility with an entity subject to any criminal conviction or
proceedings, administrative investigations, sanctions or other enforcement decisions for conduct failings, including in respect of fraud, dishonesty, corruption, money laundering, terrorist financing or other financial crime, or of failure to put in place adequate policies and procedures to prevent such events, held at the time when the alleged conduct occurred, together with details of such occurrences and of the person’s involvement, if any, in them;
1.5.11. any dismissal from employment or a position of trust, any removal from a fiduciary
relationship (other than as a result of the relevant relationship coming to an end by passage of time) and any similar situation;
1.5.12. the current financial position of the person, including details concerning sources of
revenues, assets and liabilities, security interests and guarantees, whether granted or received;
1.5.13. that the person is not under a mandatory execution process, for outstanding liabilities,
as certified by the Bailiff’s Office;
1.5.14. The aforementioned documents must be issued no earlier than 3 (three) months from
the date of the application submission to the CBK.
1.5.15. information concerning the following:
1.5.15.1. investigations, enforcement proceedings or sanctions by a supervisory
authority that the individual has been directly or indirectly involved in;
1.5.15.2. refusal of registration, authorization, membership or license to carry out a
trade, business or profession; the withdrawal, revocation or termination of registration, authorization, membership or license; expulsion by a regulatory or government body, by a professional body or association;
1.5.15.3. dismissal from employment or a position of trust, fiduciary relationship or
similar situation, or having been asked to resign from employment in such a position, excluding redundancies;
1.5.15.4. whether or not an assessment of reputation of the individual as an acquirer
or a person who directs the business of an institution has already been conducted by another competent authority, including the identity of that authority, the date of the assessment and evidence of the outcome of this assessment, and the consent of the individual, where required, to seek and process such information and use the provided information for the suitability assessment;
1.5.15.5. whether or not any previous assessment of the individual, on authority from
another, non-financial institution, has already been conducted, including the identity of that authority and the evidence of the outcome of this assessment.
Article 38
Professional indemnity insurance or a comparable guarantee
The entity that applies for registration as account information service provider, as provisioned in
Article 8, paragraph 2 and 3 of the LPS and in CBK Regulation on the criteria on how to stipulate
the minimum monetary amount of the professional indemnity insurance or other comparable guarantees, as evidence of a professional indemnity insurance or comparable guarantee that is compliant with Regulation on professional indemnity insurance, should provide the following information:
1.1. an insurance contract or other equivalent document confirming the existence of professional
indemnity insurance or a comparable guarantee, with a cover amount that is compliant with the referred CBK Regulation on the criteria on how to stipulate the minimum monetary amount of the professional indemnity insurance or other comparable guarantees showing the coverage of the relevant liabilities;
1.2. documentation of how the applicant has calculated the minimum amount in a way that is
compliant with the referred CBK Regulation on the criteria on how to stipulate the minimum monetary amount of the professional indemnity insurance or other comparable guarantees, including all applicable components of the formula specified therein.
CHAPTER V
ELECTRONIC MONEY INSTITUTIONS
Article 39
Scope
This Chapter shall apply to applicants for authorization as EMIs and/or applicants who intend to
provide e-money services and, where applicable, one or more of the payment services referred to in Article 4 subparagraph 1.2. of the LPS.
Applicants intending to provide only the payment services referred to in subparagraphs 1.2.1 to
1.2.7 or the service referred to in subparagraph 1.2.8 in combination with other service(s) referred
to in subparagraphs 1.2.1 to 1.2.7 of Article 4 of the LPS, without providing e-money services, should refer to the specific rules on information required from applicants for authorization as PIs set out in Chapter III.
Applicants intending to provide only AIS without providing e-money services should refer to the
rules on the information required from applicants for authorization to provide only AIS set out in
Chapter IV of this Regulation.
Article 40
General principles
Entities interested to authorize as electronic money institution should meet all requirements
pursuant to the LPS which are necessary for the application process and this regulation. The applicant may request from the CBK necessary forms of applying and the instructions for completing them, only after holding the informative meeting with the CBK’s representatives.
Financial Institutions including Microfinance Institution and Non-bank Financial Institution that
submit the application to be authorized as electronic money institution, shall apply all the requirements provided in LPS and this regulation for payment institutions, with the exception of the requirements of Articles 41, 54 and 55 of this Regulation.
The application to obtain an authorization as an electronic money institution shall be submitted in
writing and signed by the founding shareholder(s) or their legal representative and shall be submitted to the CBK, with the physical presence of the founding shareholder(s) or proposed representative of the founding shareholder(s). The application must be submitted together with the complete documentation/information required by the LPS and this regulation.
The information provided by applicants should be true, complete, accurate and up to date. All
applicants should comply with all the provisions in the set of provisions in this Regulation that applies to them. The level of detail should be proportionate to the applicant’s size and internal organization, and to the nature, scope, complexity and riskiness of the particular service(s) that the applicant intends to provide. In any event, in accordance with the LPS, the directors and the persons responsible for the management of the EMI are of good repute and possess appropriate knowledge and experience to perform e-money services and payment services, regardless of the institution’s size, internal organization and the nature, scope and complexity of its activities and the duties and responsibilities of the specific position.
When submitting the information required, the applicant should avoid making references to
specific sections of internal procedures/documents. Instead, the applicant should extract the relevant sections and provide these to the CBK.
Should the CBK requires clarifications on the information that has been submitted, the applicant
should provide such clarification without delay.
All data requested under this Chapter for registration as EMIs are needed for the assessment of the
application and will be treated by the CBK in accordance with the professional secrecy obligations set out in the LPS without prejudice to applicable legal requirements and procedures on the exercise of the right to access, rectify, cancel or oppose.
In all cases when the applicant is a foreign financial institution which applies to establish an
electronic money institution in Kosovo, a statement of the supervisor from the home country is needed, if applicable, stating that there is no objection for the establishment of operation in Kosovo and that it exercises consolidated supervision on applicants for the authorization as electronic money institution.
If it considers reasonable, CBK may request additional information other than information
requested under this Chapter.
The required documentation according to this Chapter should be in one of the two official
languages of the Republic of Kosovo, in original or notarized copy. In the case of documentation issued by the relevant official authorities in foreign countries other than the Republic of Kosovo, the documentation must be legalized by the responsible authorities of the respective States.
Article 41
Identification data of the entity
The identification details to be provided by the applicant should contain the following information:
1.1. the applicant’s corporate name and, if different, trade name;
1.2. the applicant’s business registration certificate as a legal person, issued by the Business
Registration Agency of Kosovo, in which it is defined the activity/ies for which the subject is submitting an application for authorization, as well as unique identification number;
1.3. the applicant’s legal status, founding act (if applicable) and articles of association;
1.4. the address of the applicant’s head office;
1.5. the applicant’s electronic address and website, if available;
1.6. the name(s) of the person(s) in charge of dealing with the application file and authorization
procedure, and their contact details;
1.7. any trade association(s), in relation to the provision of e-money services and/or payment
services, that the applicant plans to join, where applicable;
1.8. evidence of payment of the authorization application fees;
Article 42
Program of operations
1.8. when the applicant intends to provide payment services in addition to e-money services, a
declaration of whether or not the applicant intends to grant credit and, if so, within which limits;
1.9. a declaration of whether or not the applicant plans to provide e-money services and, if
applicable, payment services abroad after the granting of the authorization;
1.10. an indication of whether or not the applicant intends, for the next 3 (three) years, to provide
or already provides business activities other than e-money services and, if applicable, payment services, as referred to in Article 14 paragraph 5 of the LPS, including a description of the type and expected volume of the activities;
1.11. the information specified in Regulation on the criteria on how to stipulate the minimum
monetary amount of the professional indemnity insurance or other comparable guarantee under Article 8 paragraph 4 of the LPS, where the applicant intends to provide PIS and AIS.
1.12. information on investments in information and communication technology systems,
accompanied by a list of equipment, software, etc.
Article 43
Business plan
1.5. a forecast regarding the implementation of the regulatory and supervisory framework
(indicators of prudence, reports, etc.) for the next 3 (three) years;
1.6. if the entity has carried out another activity, before applying for authorization as electronic
money institution, the audited annual financial statements for the previous 3 (three) years, and in the case of a newer company, the audited financial statements, since its establishment.
Article 44
Organizational structure
1.2. for undertakings in the process of being incorporated, a bank statement issued by a bank
certifying that the funds are deposited in the applicant’s bank account.
Article 46
Measures to safeguard the funds of electronic money users and/or payment service users
1.6. the composition of the management body and, if applicable, any other oversight body or
committee;
1.7. a description of the way outsourced functions are monitored and controlled so as to avoid an
impairment in the quality of the EMI’s internal controls;
1.8. a description of the way any agents, branches and distributors are monitored and controlled
within the framework of the applicant’s internal controls;
1.9. where the applicant is the subsidiary of a regulated entity in a foreign country, a description
of the group governance.
Article 48
Procedure for monitoring, handling and following up on security incidents and securityrelated customer complaints
1.7. the ICT system and technical security measures that have been implemented, including
encryption and/or tokenization;
1.8. identification of the individuals, bodies and/or committees with access to the sensitive
payment data;
1.9. an explanation of how breaches of confidentiality and integrity of information will be detected
and addressed;
1.10. an annual internal control program in relation to the safety of the ICT systems.
Article 50
Business continuity arrangements
Article 52
Security policy document
hardware tokens and mobile applications, are ensured, at the time of both initial enrolment and renewal;
1.7.3. a description of the systems and procedures that the EMI has in place for transaction
analysis and the identification of suspicious or unusual transactions;
1.8. a detailed risk assessment in relation to its e-money services and, where applicable, its
payment services, including fraud, with a link to the control and mitigation measures explained in the application file, demonstrating that the risks are addressed;
1.9. a list of the main written procedures in relation to the applicant’s ICT systems or, for
procedures that have not yet been formalized, an estimated date for their finalization.
Article 53
Internal control mechanisms to comply with obligations in relation to money laundering and terrorism financing (AML/CFT obligations)
Article 54
Identity and suitability assessment of shareholders/partners with qualified holdings in the applicant entity EMI
2.3.5. any civil or administrative investigations, enforcement proceedings, sanctions or other
enforcement decisions against the person concerning matters that may be considered to be relevant to the authorization to commence the activity of an EMI or to the sound and prudent management of an EMI;
2.3.6. where such documents can be obtained, an official certificate or any other equivalent
document evidencing whether any of the events/circumstances set out in subparagraphs
2.3.1 to 2.3.5 of this regulation, has occurred in respect of the relevant person;
2.3.7. any refusal of registration, authorization, membership or license to carry out trade,
business or a profession;
2.3.8. any withdrawal, revocation or termination of a registration, authorization, membership
or license to carry out trade, business or a profession;
2.3.9. any expulsion by an authority or public institution in the financial services sector or by
a professional body or association;
2.3.10. any position of responsibility with an entity subject to any criminal conviction or
proceedings, administrative investigations, sanctions or other enforcement decisions for conduct failings, including in respect of fraud, dishonesty, corruption, money laundering, terrorist financing or other financial crime, or of failure to put in place adequate policies and procedures to prevent such events, held at the time when the alleged conduct occurred, together with details of such occurrences and of the person’s involvement, if any;
2.3.11. any dismissal from employment or a position of trust, any removal from a fiduciary
relationship (other than as a result of the relevant relationship coming to an end by passage of time) and any similar situation;
2.3.12. that the person is not under a mandatory execution process, for outstanding liabilities,
as certified by the Bailiff’s Office;
2.3.13. the borrower's certificate or report from the credit registry or an equivalent document
issued by the competent authorities of the foreign state
2.3.14. the aforementioned documents must be issued no earlier than 3 (three) months from
the date of the application submission to CBK.
2.4. a list of undertakings that the person directs or controls and of which the applicant is aware of
after due and careful enquiry; the percentage of control either direct or indirect in these companies; their status (whether or not they are active, dissolved, etc.); and a description of insolvency or similar procedures;
2.5. where an assessment of reputation of the person has already been conducted by a competent
authority in the financial services sector, the identity of that authority and the outcome of the assessment;
2.6. the current financial position of the person, including details concerning sources of revenues,
assets and liabilities, security interests and guarantees, whether granted or received;
2.7. a declaration whether the person is a politically exposed person and whether it has any links
to politically exposed persons, as defined in Law on AML/CFT.
3. Where a person or entity who has or, in the case of authorization, will have a qualifying holding
in the applicant’s capital (including entities that are not a legal person and which hold or should
hold the participation in their own name), the application should contain the following information relating to the identity and suitability of that legal person or entity:
3.1. name;
3.2. where the legal person or entity is registered in a central register, commercial register,
companies register or similar register that has the same purposes of those aforementioned, an evidence of its status, where applicable, or a registration certificate;
3.3. the addresses of its registered office and, where different, of its head office, and principal
place of business;
3.4. contact details;
3.5. corporate documents, the statute of the company, or, where the person is registered abroad, a
summary explaining the main legal features of the legal form or the entity;
3.6. decision of the decision-making body of the company on participation in the capital of the
electronic money institution;
3.7. whether or not the legal person or entity has ever been or is regulated by a CBK or by any
other government body;
3.8. where such documents can be obtained, an official certificate or any other equivalent
document evidencing the information set out in subparagraphs 3.1 to 3.6 of this regulation, issued by the relevant competent authority;
3.9. the information referred to in in subparagraphs 2.3 to 2.7 of paragraph 2 of this Article in
relation to the legal person or entity;
3.10. a list containing details of each person who effectively directs the business of the legal person
or entity, including their name, date and place of birth, address, their national identification number, where available, and detailed curriculum vitae (stating relevant education and training, previous professional experience, any professional activities or other relevant functions currently performed), together with the information referred to in subparagraphs
2.3 and 2.7 of paragraph 2 of this Article in respect of each such person;
3.11. the shareholding structure of the legal person, including at least their name, date and place
of birth, address and, where available, personal identification number or registration number and the respective share of capital and voting rights of direct or indirect shareholders or members and beneficial owners, as defined in Law on AML/CFT;
3.12. a description of the regulated financial group of which the applicant is a part, or may become
a part, indicating the parent undertaking and the credit, insurance and security entities within the group; the name of their competent authorities (on an individual or consolidated basis);
3.13. annual financial statements, at the individual and, where applicable, the consolidated and
sub-consolidated group levels, for the last 3 (three) financial years, where the legal person or entity has been operating for that period (or, if less than 3 (three) years, the period for which the legal person or entity has been operating and financial statements were prepared), audited by the statutory auditor or audit firm, where applicable, including each of the following subparagraphs:
3.13.1. the balance sheet;
3.13.2. the profit-and-loss accounts or income statement;
3.13.3. the annual reports and financial annexes and any other documents registered with the
relevant registry or competent authority of the legal person;
3.14. certificate by competent authorities on compliance with fiscal duties (for foreign legal
persons - legally equivalent documents in accordance with the respective foreign legislation/jurisdiction);
3.15. where the legal person has not been operating for a sufficient period to be required to prepare
financial statements for the 3 (three) financial years immediately prior to the date of the application, the applicant shall prepare the existing financial statements (if any);
3.16. where the legal person or entity has its head office in abroad, general information on the
regulatory framework of that jurisdiction as applicable to the legal person or entity, including information on the extent to which that jurisdiction’s AML/CFT framework is consistent with the Financial Action Task Force Recommendations (FATF Recommendations);
3.17. for entities that are not legal persons such as a collective investment undertaking, a sovereign
wealth fund or a trust, the application shall set out the following information:
3.17.1. the identity of the persons who manage assets and of the persons who are
beneficiaries or subscribers, unit holders controlling the collective investment undertaking or having a holding enabling them to prevent the taking of decisions by the collective investment undertaking;
3.17.2. a copy of the document establishing and governing the entity including the
investment policy and any restrictions on investment applicable to the entity.
4. The application shall set out all of the following information for each natural or legal person or
entity who has or, in the case of authorization, will have a direct or indirect qualifying holding in the capital of the applicant:
4.1. details of that person’s or entity’s financial or business reasons for owning that holding and
the person’s or the entity’s strategy regarding the holding, including the period for which the person or the entity intends to hold the holding and any intention to increase, reduce or maintain the level of the holding in the foreseeable future;
4.2. details of the person’s or entity’s intentions in respect of the applicant and of the influence the
person or the entity intends to exercise over the applicant, including in respect of the dividend policy, the strategic development and the allocation of resources of the applicant, whether or not it intends to act as an active minority shareholder and the rationale for such intention;
4.3. information on the person’s or the entity’s willingness to support the applicant with additional
own funds if needed for the development of its activities or in the case of financial difficulties;
4.4. the content of any intended shareholder’s or member’s agreements with other shareholders or
members in relation to the applicant;
4.5. an analysis as to whether or not the qualifying holding will impact in any way, including as a
result of the person’s close links to the applicant, on the ability of the applicant to provide timely and accurate information to the CBK;
4.6. the identity of each member of the management body or of senior management who will direct
the business of the applicant and will have been appointed by, or following a nomination from, such shareholders or members, together with, to the extent not already provided, the information set out in Article 55 of this regulation.
5. The application should set out a detailed explanation of the specific sources of funding for the
participation of each person or entity having a qualifying holding in the applicant’s capital, which should include:
5.1. notary statement of shareholders or partners for the source of paid-in capital and that the
source of this capital is not a public borrowed fund, credit and/or other funds, the origin of which is illegal.
5.2. details on the use of private financial resources, including their availability and source to
verify that the activity from which such funds were generated is legitimate and acceptable to the CBK;;
5.3. for shareholders organized as legal person or entity, notary statement of shareholders on the
source of the initial capital paid and for any additional ones during the performance of the activity, must be accompanied by the following documentation:
5.3.1. proof on the source of capital made, such as the independent external auditor's report,
annual financial statements, gifts or other resources intended to be used in the purchase of the applicant's shares;
5.3.2. certificate issued by the competent authorities, which provides data on the balance of
the legal person or entity and on the payment of tax obligations.
5.4. for shareholders as individuals or natural persons, notarial declaration of shareholders on the
source of the initial capital paid and for any additional ones during the development of the activity, must be accompanied by the following documentation:
5.4.1. proof on the source of capital creation such as buying and selling, gifts, wages, bank
deposits or other certificates for the source of capital creation;
5.4.2. certificates proving payment of tax obligations;
6. The information requirements established in this article are applicable to the authorization process
of payment institutions and to the approval process in any situation of change in direct or indirect qualifying holding of shareholding or quotas, as referred to in article 13, paragraphs 1 and 2 of the LPS.
Article 55
Identity and suitability assessment of directors and persons responsible for the management of the EMI
1.1.3.3. a description of the individual’s key duties and responsibilities.
1.2. where applicable, information on the suitability assessment carried out by the applicant which
should include details of the result of any assessment of the suitability of the individual performed by the respective institution, such as relevant board minutes or suitability assessment reports or other documents;
1.3. evidence of knowledge, skills and experience, which should include a curriculum vitae
containing details of education and professional experience, including academic qualifications, other relevant training, the name and nature of all organizations for which the individual works or has worked, the nature, and duration of the functions performed, in particular highlighting any activities within the scope of the position sought;
1.4. a declaration whether the person is a politically exposed person and whether it has of any links
to politically exposed persons, as defined in Law on AML/CFT.
1.5. evidence of reputation, honesty and integrity, which should include:
1.5.1. the disclosure of past convictions, any criminal conviction or proceedings where the
person has been found against and which were not set aside;
1.5.2. any civil or administrative decisions in matters of relevance to the assessment or
authorization process where the person has been found against and any administrative sanctions or measures imposed as a consequence of a breach of laws or regulations (including disqualification as a company director), in each case which were not set aside and against which no appeal is pending or may be filed;
1.5.3. any insolvency case and that the person has not been responsible for the bankruptcy, or
similar procedures of any entity exercising economic activity;
1.5.4. any pending criminal investigations;
1.5.5. any civil or administrative investigations, enforcement proceedings, sanctions or other
enforcement decisions against the person concerning matters that may be considered relevant to the authorization to commence the activity of a PI or to the sound and prudent management of a PI;
1.5.6. where such documents can be obtained, an official certificate or any other equivalent
document evidencing whether or not any of the events set out in subparagraphs 1.5.1 to 1.5.5 of this regulation, has occurred in respect of the relevant person;
1.5.7. any refusal of registration, authorization, membership or license to carry out trade,
business or a profession;
1.5.8. any withdrawal, revocation or termination of a registration, authorization, membership
or license to carry out trade, business or a profession;
1.5.9. any expulsion by an authority or public sector entity in the financial services sector or
by a professional body or association;
1.5.10. any position of responsibility with an entity subject to any criminal conviction or
proceedings, administrative investigations, sanctions or other enforcement decisions for conduct failings, including in respect of fraud, dishonesty, corruption, money laundering, terrorist financing or other financial crime, or of failure to put in place adequate policies and procedures to prevent such events, held at the time when the alleged conduct occurred, together with details of such occurrences and of the person’s involvement, if any;
1.5.11. any dismissal from employment or a position of trust, any removal from a fiduciary
relationship (other than as a result of the relevant relationship coming to an end by passage of time) and any similar situation;
1.5.12. the current financial position of the person, including details concerning sources of
revenues, assets and liabilities, security interests and guarantees, whether granted or received;
1.5.13. that the person is not under a mandatory execution process, for outstanding liabilities,
as certified by the Bailiff’s Office;
1.5.14. The aforementioned documents must be issued no earlier than 3 (three) months from
the date of the application submission to CBK.
1.5.15. information concerning the following:
1.5.15.1. investigations, enforcement proceedings or sanctions by a supervisory
authority that the individual has been directly or indirectly involved in;
1.5.15.2. refusal of registration, authorization, membership or license to carry out a
trade, business or profession; the withdrawal, revocation or termination of registration, authorization, membership or license; or expulsion by a regulatory or government body or by a professional body or association;
1.5.15.3. dismissal from employment or a position of trust, fiduciary relationship or
similar situation, or having been asked to resign from employment in such a position, excluding redundancies;
1.5.15.4. whether or not an assessment of reputation of the individual as an acquirer
or a person who directs the business of an institution has already been conducted by another competent authority, including the identity of that authority, the date of the assessment and evidence of the outcome of this assessment, and the consent of the individual where required to seek such information to be able to process and use the provided information for the suitability assessment;
1.5.15.5. whether or not any previous assessment of the individual has been carried
out by any authority from another non-financial sector, including the identity of that authority and evidence of the outcome of such assessment.
Article 56
Identity of statutory auditors and audit firms The identity of statutory auditors or audit firms to be provided by the applicant, where relevant, should contain the names, addresses and contact details of auditors.
Article 57
Professional indemnity insurance or a comparable guarantee for PIS and AIS
1.1. an insurance contract or other equivalent document confirming the existence of the
professional indemnity insurance or comparable guarantee, with a cover amount that is compliant with the referred CBK Regulation on the criteria on how to stipulate the minimum monetary amount of the professional insurance or other comparable guarantee, showing the coverage of the respective liabilities;
1.2. documentation of how the applicant has calculated the minimum amount in a way that is
compliant with the referred CBK Regulation on the criteria on how to stipulate the minimum monetary amount of the professional insurance or other comparable guarantee, including all applicable components of the formula specified therein.
CHAPTER VI
AUTHORIZATINON AND REGISTRATION
Article 58
Authorization/registration procedures and conditions
CBK, for the authorization of payment institutions (PI) and electronic money institutions (EMI)
and for registration of account information services providers (AISP), shall review the documents submitted in accordance with the requirements set out in LPS and in this regulation.
1.1. CBK shall, within 90 (ninety) days from the day of receiving the application, review the
documentation submitted and inform the applicant in writing stating whether the application is completed or not;
1.2. if the documentation submitted is not completed and/or does not fulfil the requirements
determined under LPS and this regulation, CBK shall notify the applicant regarding the deficiencies or discrepancies with the legal provisions of LPS and this Regulation together with a request for additional information or documents required. The deadline for submission of additional information or documents is, according to this paragraph, not later than 90 (ninety) days from the day of notification;
1.3. if the additional information or documents required under paragraph 1.2 of this Article are
submitted within the deadline, then CBK shall inform the party that the application is complete;
1.4. The CBK shall suspend review procedures for the authorization/ registration application if the
data and/or documentation requested for authorization/ registration are not provided by the applicant within 90 (ninety) days after the notification under paragraph 1.2 of this Article. In case of suspension of procedures for reviewing the application for authorization/ registration, CBK shall inform the applicant in writing;
1.5. CBK shall issue a decision whereby approves or rejects authorization as a payment institutions
and electronic money institutions or registration as account information services providers within 90 (ninety) days from the day of informing the applicant that the authorization/registration application is complete. CBK shall immediately inform the applicant with regard to the decision reached.
1.6. during the period of reviewing the application, CBK may request additional information or
certain changes/ improvements, if reasonable.
CBK may inspect the premises/offices, where the institution shall conduct the activities for which
it requires to be authorized/registered, to verify whether the technical and security conditions are met to conduct these activities, in compliance with the by-laws issued by CBK.
The documentation provided in this regulation must be in Albanian language, in original or in
notarized copy. In the case of documentation issued by the relevant official authorities in foreign countries, other than the Republic of Kosovo, the documentation must also be legalized by the responsible authorities.
CBK, if it deems it reasonable, may request the submission of updated certificates on the judicial
status, criminal prosecution and the status of tax liabilities issued by the competent bodies, in case the validity period of the submitted documentation expires before the date of authorizer’s approval, registration and other approvals.
CBK shall decide to grant the authorization/registration only after it is convinced that the entity
complies with the requirements set out in article 14 of LPS and in this Regulation.
5.1. The CBK shall decide to approve authorization/registration if the following conditions are
fulfilled:
5.1.1. shareholders/partners have a good reputation, legal source of capital funds, financial
capabilities for investing planned funds and financial capabilities for conducting the necessary financing for the sustainable continuation of this institution’s activity;
5.1.2. the shareholding capital committed is paid;
5.1.3. qualifications, experience and reputation of directors and persons responsible for the
management of institutions, are adequate for implementing the business plan, as provided for in Article 12 of this Regulation;
5.1.4. the business plan submitted should be real and competitive in the market, and the
expected financial state of the institution proposed should be satisfactory.
5.2. The CBK rejects the approval of the application in the following cases:
5.2.1. the conditions determined in article 14 of LPS and above under sub-paragraph 5.1,
paragraph 5 of this Article are not met;
5.2.2. jeopardizes the financial viability of the proposed institution or the system of payment
institutions, electronic money institutions or account information services providers in general;
5.2.3. one of the shareholders has been subject to insolvency filing procedures, including
official administration or bankruptcy;
5.2.4. if the origin of the invested share capital is not clear to the CBK;
5.2.5. when at least one of the shareholders/ partners owns bearer shares or is a nominee
shareholder (if applicable);
5.2.6. when at least one of the shareholders/ partners has a complex ownership and control
structure;
5.2.7. when at least one of the shareholders/ partners is a shell bank;
5.2.8. when at least one of the shareholders/ partners represents high risk, based on the
evaluations of the CBK.
5.2.9. false information is provided in the application.
5.3. CBK shall refuse the granting of authorization/registration, in any case when it judges that the
authorization/registration of the entity would infringe the public interest.
5.4. The reasons based on which the approval of authorization/registration is rejected shall be
clarified in the notice on rejection of authorization/registration.
5.5. The CBK, in order to carry out the assessments set out in this Article, in addition to reviewing
the documentation submitted, shall cooperate and may request information from peer supervisory authorities and institutions specialized in combating economic crime, prevention of money laundering; the tax authorities; Competition Authority or any other relevant local or international/foreign institution.
Article 59
Publication of decision on granting the authorization
CBK shall publish the decision on granting the authorization/registration to operate as a payment
institution, electronic money institution or account information services providers.
The decision shall be published in the official website of CBK.
CBK shall register in the authorized/registered entities’ register, the payment institution, the
electronic money institution, the account information services providers and the list of their agents (if applicable) with their data, in compliance with CBK’s by-laws.
Article 60
Applicable Fees
Payment institutions, electronic money institutions and account information services providers
applying for authorization/registration shall pay the application fee, according to the amount determined by the CBK. The fee paid shall be non-refundable in case of refusal of authorization/registration.
After authorization/registration, the payment institutions, electronic money institutions and
account information services providers shall pay other fees according to the amounts determined by the CBK.
Article 61
Registration characteristics
Authorization/Registration shall be granted for an indefinite period of time and shall be nontransferable and non-tradable.
The authorization for the payment institution encompasses the words “payment institution” in
addition to the name of the institution.
The authorization for the electronic money institution encompasses the words “electronic money
institution” in addition to the name of the institution.
The registration for the account information services providers encompasses the words “account
information services providers” in addition to the name of the institution.
After authorization/registration, the payment institutions, electronic money institutions or account
information services providers shall commence operations within 12 (twelve) months from the date of notification for authorization/registration.
If the payment institutions, electronic money institutions or account information services providers
do not commence operation within the deadlines under paragraph 5 of this Article, the authorization/registration approved by the CBK shall be revoked. The institution may re-apply for authorization/registration.
The payment institutions, electronic money institutions or account information services providers
authorization/registration certificate shall be issued in accordance with the Regulation on Issuance of Licensing or Registration Certificates of financial institutions.
The payment institutions, electronic money institutions or account information services providers
shall, before the commencement of financial activity, notify the CBK for the preparations made and its readiness to start the activity, for creating space and adequate infrastructure to carry out activities, including installing the information technology operating system.
Article 62
Revocation or suspension of authorization/registration
The payment institutions, electronic money institutions or account information services providers
authorization/registration could be revoked only upon the CBK’s decision if one or more of condition specified in article 16 of LPS.
The payment institutions, electronic money institutions or account information services providers
authorization/registration shall be revoked by a CBK decision if the payment institutions, electronic money institutions or account information services providers is deemed insolvent or it is reasonably assessed that they are likely to become insolvent.
For the purposes of this Article, “insolvent” shall mean that the payment institutions, electronic
money institutions or account information services providers is not paying its obligations or the value of the payment institutions, electronic money institutions or account information services providers obligations exceeds the value of its assets. The value of the payment institutions, electronic money institutions or account information services providers assets, liabilities and regulative capital is determined in accordance with the assessment standards and procedures set by the CBK.
The CBK may, when it deems it appropriate, decide to suspend the authorization/registration of
the payment institutions, electronic money institutions or account information services providers. In such cases the periods and other conditions relating to the suspension shall be determined by decision of the CBK.
CHAPTER VII
APPROVAL AND OBLIGATION FOR NOTIFICATION
Article 63
Prior approvals
Without the prior approval of CBK, the payment institution and the electronic money institution
may not:
1.1. change of name;
1.2. changes to the founding document and/or statute;
1.3. increase of share capital;
1.4. reduction of capital;
1.5. change in qualifying holding;
1.5.1. this subparagraph is not applicable for foreign branches of payment institution and
electronic money institutions;
1.6. appointment of directors and persons responsible for the management;
1.6.1. the requirements for the approval of directors and persons responsible for the
management according to this article are also applicable to the appointment of the internal auditor;
1.6.2. the approval process is repeated for each reappointment or extension of the mandate.
1.7. opening and relocation of offices inside the country;
1.7.1. for the purposes of this Regulation, relocation of the PI’s and EMI’s offices inside the
country means the change of location of the respective office within the territory of the same municipality;
1.8. sale or transfer (complete or partial) of the payment institutions and electronic money
institutions’ portfolio to another entity;
1.9. merger and/or acquisition;
1.10. dividend distribution.
2. The CBK shall approve or reject the transaction under paragraph 1 of this Article within 2 (two)
months of the date of completion of the request, based on the documentation specified in paragraphs 3 and 4 of this Article.
3. For approving transactions under paragraph 1 of this Article, the payment institutions and
electronic money institutions shall present a written request accompanied by the following documentation:
3.1. change of the name:
3.1.1. decision by the decision-making body; and
3.1.2. written reasoning for such change.
3.2. amendments to the founding act and/or statute:
3.2.1. decision by the decision-making body;
3.2.2. amended founding act and/or statute;
3.2.3. written reasoning for such amendment to the founding act and/or statute.
3.3. increase of share capital:
3.3.1. if the payment institutions and electronic money institutions’ share capital is increased
from internal sources:
3.3.1.1. statement on source of capital increase;
3.3.1.2. the payment institutions and electronic money institutions’ external audit
report for previous year;
3.3.1.3. financial statements of last period reported to the CBK, which prove the
sufficiency of these sources within the payment institutions and electronic money institutions’ capital structure.
3.3.2. if the payment institutions and electronic money institutions’ share capital is increased
from external sources, requirements of Article 20 and Article 54 of this Regulation shall apply.
3.4. reduction of share capital:
3.4.1. decision by the decision-making body;
3.4.2. description of the impact of such change on capital requirements under LPS, Regulation
on Own funds for payment institutions and electronic money institutions and this Regulation;
3.4.3. written reasoning for the decrease of share capital.
3.5. change in qualifying holding:
3.5.1. report of the joint stock company in the case of shareholders organized as a business
organization or CVs of individual shareholders;
3.5.2. name, nationality, place of residence and business and professional history for the last
ten (10) years of the applicant and any beneficial owner of the applicant who, as a result of the transaction, would indirectly benefit five percent (5%) or more of the payment institutions and electronic money institutions’ capital interests, as well as the information/documentation required by Article 20 and Article 54 of this Regulation;
3.5.3. list of business organizations wherein the proposed owners, including the beneficial
owners (as described above), hold shares, specifying the level of such shareholding and the registered addresses of those business organizations;
3.5.4. for each legal entity, the audited financial statements (audited if applicable) for the last
three (3) years;
3.5.5. the source and amount of funds used in the exercise of amalgamation as set forth in
Article 20 and Article 54 of this Regulation; and
3.5.6. in any case where the amalgamation of the shares would cause the payment institutions
and electronic money institutions to become a subsidiary of a foreign financial institution, a statement from the responsible supervisory authority of the home country that there are no objections to the commencement of operations in Kosovo and that it exercises global consolidated oversight on the payment institutions and electronic money institutions established in Kosovo, if applicable;
3.5.7. signed notarized agreement for change of share ownership.
3.6. appointment of directors and persons responsible for the management:
3.6.1. documentation specified in Article 21 and Article 55 of this Regulation.
3.7. opening and relocation of offices:
3.7.1. decision by decision-making body;
3.7.2. justification for office opening or relocation;
3.7.3. written notification on fulfilment of technical and safety conditions. Such notice shall
specify the steps taken to fulfil these conditions and the photographs proving this.
3.8. sale or transfer (complete or partial) of the payment institutions and electronic money
institutions’ portfolio to another entity;
3.8.1. decision by decision-making body on such transactions;
3.8.2. signed agreement or draft agreement between the payment institutions and electronic
money institutions and the other entity.
3.9. merger and/or amalgamation:
3.9.1. decision by the decision-making body of the payment institutions and electronic
money institutions and the other financial institution involved in the process for approval of their reorganization through merger;
3.9.2. agreement or draft agreement and detailed report of the merger process, signed by the
legal representatives of institutions involved in the merger process. The agreement or draft agreement and the report shall be in writing and in accordance with the applicable legislation;
3.9.3. payment institutions and electronic money institutions’ draft statute after
implementation of the merger process;
3.9.4. strategic and operational plans for implementing the merger, including required
amalgamation analyses and financial statement projections for the merged payment institutions and electronic money institutions;
3.9.5. in case of change of directors and persons responsible for management of the merged
payment institutions and electronic money institutions, documentation shall be submitted in accordance with the requirements for directors and persons responsible for management under this Regulation;
3.9.6. new structure of the payment institutions and electronic money institutions
shareholders.
3.10. dividend distribution:
3.10.1. decision by shareholders’ assembly and board of directors on dividend distribution;
3.10.2. projections related to balance, income statement and initial capital on monthly basis
for the 12 (twelve) upcoming months, reflecting the potential dividend payment;
3.10.3. audited financial statements for previous year.
4. The CBK may request additional documents other than those specified in paragraph 3 of this
Article.
5. The application for approval of the above transactions and the documentation attached to the
application shall be filed by the payment institutions and electronic money institutions and shall be in one of the two official languages of the Republic of Kosovo, either in original or in a certified copy. In the case of documentation issued by relevant official authorities in foreign countries other than the Republic of Kosovo, the documentation shall also be certified by the responsible authorities of the respective states.
6. The CBK shall approve the applications submitted by payment institutions and electronic money
institutions for transactions under paragraph 1 of this Article only if the following criteria are met:
6.1. change of name:
6.1.1. the proposed new name of the payment institutions and electronic money institutions
shall be in accordance with the LPS, the Law on Business Organizations and the Law on the Use of Languages.
6.2. changes to the founding act and/or statute:
6.2.1. changes shall not stand in violation with the applicable legislation, depending on the
type of change concerned.
6.3. increase of share capital:
6.3.1. authorization conditions related to capital shall apply mutatis mutandis;
6.4. reduction of share capital:
6.4.1. the impact of such decrease on the payment institutions and electronic money
institutions, including but not limited to the impact that the decrease may have on the payment institutions and electronic money institutions’ financial viability, ownership structure and shareholder suitability.
6.5. change in qualifying holding;
6.5.1. the proposed amalgamation is evaluated according to the same criteria that apply to the
approval of a payment institutions and electronic money institutions authorization request with regard to shareholders, including but not limited to, the expected effects of the proposed amalgamation on the payment institutions and electronic money institutions’ financial viability and ownership structure and the impact of such amalgamation may have on the payment institutions and electronic money institutions oversight by the CBK.
6.6. appointment of directors and persons responsible for the management:
6.6.1. the criteria under Article 65 of this Regulation shall apply;
6.7. opening and relocation of offices inside the country:
6.7.1. the impact of opening or relocation on the community in which the office is or will be
located;
6.7.2. the payment institutions and electronic money institutions shall provide the CBK with
sufficient information and facts that the office is ready to conduct its business in terms of technical and security conditions including computer system, staffing, security, etc;
6.7.3. the CBK shall have the right to order the suspension of the activity in the relevant office
even after approval if it finds that the technical and security conditions for the exercise of financial activity have not been met;
6.8. sale or transfer (complete or partial) of the payment institutions and electronic money
institutions’ portfolio to another entity:
6.8.1. the impact of the sale or transfer of portfolio on payment institutions and electronic
money institutions clients;
6.8.2. the impact of the sale or transfer of the portfolio on the payment institutions and
electronic money institutions’ financial standing;
6.8.3. the sale or transfer of the portfolio shall not give rise to an anti-competitive effect;
6.9. merger and/or acquisition:
6.9.1. the merger or acquisition does not jeopardize the financial standing of the merged
payment institutions and electronic money institutions;
6.9.2. the payment institutions and electronic money institutions has a system of
organization, management, decision-making and information technology that enables the full integration of the merged or acquired payment institutions and electronic money institutions in a way that does not jeopardize its operation;
6.9.3. the merger or acquisition is economically viable;
6.9.4. the merger and/or acquisition does not give rise to an anti-competitive effect;
6.9.5. it is the responsibility of the payment institutions and electronic money institutions to
obtain approval from other authorities that may be necessary before the transaction is completed.
6.10. dividend distribution.
6.10.1. the impact of the dividend distribution on the payment institutions and electronic
money institutions, including but not limited to, the expected effects on the payment institutions and electronic money institutions’ financial viability.
7. When deciding whether to approve such transactions, the CBK shall also consider other criteria
for the purpose of achieving its goals as set forth in the applicable legislation.
Article 64
Requirements for notifying PIs, EMIs and AISPs changes
CHAPTER VIII
ORGANIZATION, MANAGEMENT AND ADMINISTRATION OF PAYMENT INSTITUTION, ELECTRONIC MONEY INSTITUTION AND ACCOUNT INFORMATION SERVICES PROVIDER
Article 65
Governance of PI, EMI and AISP
6.1. the audit committee which includes and is chaired by a non-executive member of the board of
directors and at least 1 (one) member of the audit committee may be an external expert in the field of accounting or auditing; and
6.2. the risk management committee whose members must also be members of the Board of
Directors;
7. The CBK may require payment institutions and electronic money institutions to have additional
committees other than those specified in this article.
8. Payment institutions and electronic money institutions may establish additional committees other
than those specified in this article.
9. The provisions of this article relating to the Board of Directors and the Committees at the level of
the Board of Directors do not apply to branches of foreign payment institutions and electronic money institutions.
CHAPTER IX
FINAL PROVISIONS
Article 66
Enforcement, Improvement Measures and Penalties Any violation of the provisions of this Regulation shall be subject to corrective measures and administrative penalties, as set out in Article 67 of Law No. 03/L-209 on the Central Bank of the Republic of Kosovo, as amended and supplemented by Law No. 05/L-150, and Article 125 of Law No.10/L-026 on Payment Services.
Article 67
Repeal
Upon entry into force of this Regulation, provisions of the Regulation on the registration of non-bank financial institutions regarding the transferring and receiving money and payment services for payments within and outside the country (hereinafter payment service); adopted by the Board of the Central Bank of the Republic of Kosovo on 30 April 2020, shall be repealed.
Article 68
Entry into force
This Regulation shall enter into force 15 days from the date of its approval. Dr.sc. Bashkim Nurboja Chairperson of the Board of the Central Bank of the Republic of Kosovo
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Source: Central Bank of the Republic of Kosovo — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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