Instruction No. 2013-I-09 of July 12, 2013, regarding forms for approval applications, agent declarations, and notifications for free establishment and free provision of services by electronic money institutions

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2013-I-09 of July 12, 2013 regarding the forms for applications for approval, declarations of agents, as well as notifications for free establishment, free provision of services, use of an agent, and recourse to a distributor in another Member State of the European Union or in another State party to the Agreement on the European Economic Area for an electronic money institution by Instructions No. 2018-I-01 and No. 2018-I-02 of February 21, 2018, No. 2019-I-16 of April 23, 2019, No. 2020-I-12 of October 14, 2020, No. 2021-I-10 of October 6, 2021 and Instruction No. 2024-I-13 of October 24, 2024

The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code; Having regard to the Order of May 2, 2013 concerning the prudential regulation of electronic money institutions; Having regard to the Order of October 29, 2009 concerning the prudential regulation of payment institutions; Having regard to the opinion of the Prudential Affairs Consultative Commission of July 1, 2013; Having regard to the opinion of the Anti-Money Laundering Consultative Commission dated July 3 2013, DECIDES

Article 1:
This instruction applies to:
1° Electronic money institutions;
2° Electronic money institutions meeting the conditions provided for in Article L. 526-19 of the Monetary and Financial Code;

3° Payment service providers within the meaning of Article L. 521-1 of the Monetary and Financial Code who intend to carry out payment service activities through an agent; 4° Electronic money institutions and payment institutions that wish to use an agent in order to provide payment services in another Member State of the European Union or in another State party to the Agreement on the European Economic Area; 5° Electronic money institutions that wish to establish a branch in another Member State of the European Union or in another State party to the Agreement on the European Economic Area; 6° Electronic money institutions that use, in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, persons to distribute electronic money; 7° Electronic money institutions that wish to operate by way of free provision of services in another Member State of the European Union or in another State party to the Agreement on the European Economic Area.

Article 2:
Pursuant to Articles L. 526-9 of the Monetary and Financial Code and 2 of the Order of May 2, 2013 cited above, electronic money institutions that request from the Prudential Control and Resolution Authority approval address the standard file "Application Form for Approval - Electronic Money Institutions" provided in Annex 1 to this instruction to the General Secretariat of the Prudential Control and Resolution Authority.

Article 3:
Pursuant to Articles L. 526-9 and L. 526-19 of the Monetary and Financial Code, electronic money institutions that meet the conditions provided for in Article 44 of the Order of May 2, 2013 cited above and request from the Prudential Control and Resolution Authority approval, address to the Authority the standard file "Application Form for Approval - Electronic Money Institutions with Derogatory Prudential Status" provided in Annex 2 to this instruction.

Article 4:
Payment service providers who, pursuant to Articles L. 521-1 and
L. 523-1 of the Monetary and Financial Code, Article 50 of the Order of May 2, 2013
cited above and I of Article 36 of the Order of October 29, 2009 cited above, intend to carry out payment service activities through an agent, address to the General Secretariat of the Prudential Control and Resolution Authority the standard file "Declaration Form of an Agent for the Exercise of Payment Services on Behalf of a Payment Service Provider", provided in
Annex 3 to this instruction.

Article 5:
Electronic money institutions and payment institutions that, pursuant to Articles L. 526-2 and L. 522-13 of the Monetary and Financial Code, of
Article 50 of the Order of May 2, 2013 cited above and II of Article 36 of the Order of
October 29, 2009 cited above, wish to use an agent in order to provide payment services in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, address to the General Secretariat of the Prudential Control and Resolution Authority the information grouped in the standard file "Notification of Use of an Agent in Order to Provide Payment Services in Another Member State of the European Union or in Another State Party to the Agreement on the European Economic Area" provided in
Annex 4 to this instruction.

Article 6:
Electronic money institutions that, pursuant to Articles L. 526- 22 of the Monetary and Financial Code and 16 and 17 of the Order of May 2, 2013 cited above, wish to establish a branch in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, to issue and manage electronic money or provide payment services, address to the General Secretariat of the Prudential Control and Resolution Authority the standard file "Notification of Establishment of a Branch in Another Member State of the European Union or in Another State Party to the Agreement on the European Economic Area" provided in Annex 5 to this instruction.

Article 7:
Electronic money institutions that, pursuant to Articles L. 526- 22 of the Monetary and Financial Code and 16 and 18 of the Order of May 2, 2013 cited above, use, in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, persons to distribute, within the meaning of Article L. 525-8 of the Monetary and Financial Code, electronic money, address to the General Secretariat of the Prudential Control and Resolution Authority the standard file "Notification of Recourse, in Another Member State of the European Union or in Another State Party to the Agreement on the European Economic Area, to an Electronic Money Distributor Domiciled in That State" provided in Annex 6 to this instruction.

Article 8:
Electronic money institutions that, pursuant to Articles L.
526-24 of the Monetary and Financial Code and 16 and 19 of the Order of May 2, 2013 cited above, wish to operate by way of free provision of services in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, address to the General Secretariat of the Prudential Control and Resolution Authority the standard file "Notification of Operation in Another Member State of the European Union or in Another State Party to the Agreement on the European Economic Area by Way of Free Provision of Services (FPS)" provided in Annex 7 to this instruction.

Article 9:
The form and supplementary documents, duly completed and signed, are to be addressed to the Prudential Control and Resolution Authority in electronic format by depositing them on the portal accessible at the following address: https://acpr-portail.banque-france.fr.

Article 10:
This instruction enters into force on the day of its publication.

Paris, July 12, 2013
The President of the Authority
Prudential Control and Resolution,
Robert OPHÈLE