Instruction No. 2019-I-22 of April 23, 2019, on Forms for Authorization, Simplified Authorization, Registration, Agent Declaration, and Exemption Requests for Payment Institutions

PRUDENTIAL CONTROL AND RESOLUTION AUTHORITY

Instruction No. 2019-I-22 of April 23, 2019 regarding the forms for applications for authorization and simplified authorization of payment institutions, applications for registration as account information service providers, declaration of payment service agents, and applications for exemption from authorization under the conditions set out in Articles L. 521-3-1 and L. 525-6-1 of the Monetary and Financial Code modified by Instructions No. 2020-I-11 of October 14, 2020, No. 2021-I-09 of October 6, 2021, and No. 2024-I-13 of October 24, 2024

The Prudential Control and Resolution Authority, Having regard to the Monetary and Financial Code, in particular Articles L. 612-2 and L. 612-24; Having regard to the Order of October 29, 2009, concerning the prudential regulation of payment institutions; Having regard to the opinion of the Prudential Affairs Consultative Committee of April 3, 2019; Having regard to the opinion of the Anti-Money Laundering and Counter-Terrorist Financing Consultative Committee of April 10, 2019,

DECIDES

Article 1

The following institutions and companies, hereinafter referred to as "subject institutions," are subject to this instruction:
1° Payment institutions, as mentioned in Article L. 522-1 of the Monetary and Financial Code; 2° Payment institutions meeting the conditions set out in Articles L. 522-11-1 and D. 522-1-1 of the Monetary and Financial Code; 3° Account information service providers, as mentioned in Article L. 522-1 of the Monetary and Financial Code; 3° Payment service providers, as mentioned in Article L. 521-1 of the Monetary and Financial Code, who intend to carry out payment service activities through an agent within the meaning of Article L. 523-1;

4° Companies likely to meet the conditions for exemption from authorization as payment institutions and electronic money institutions within the meaning of Articles L. 521-3-1 and L. 525-6-1 of the Monetary and Financial Code.

Article 2

Pursuant to Articles L. 522-6 et seq. of the Monetary and Financial Code and Article 2 of the aforementioned Order of October 29, 2009, payment institutions seeking authorization from the Prudential Control and Resolution Authority must submit to the Authority the standard file "Application Form for Authorization - Payment Institution" provided for in Annex 1 to this instruction.

Article 3

Pursuant to Articles L. 522-11-1 and D. 522-1-1 of the Monetary and Financial Code and Article 2-1 of the aforementioned Order of October 29, 2009, payment institutions seeking simplified authorization from the Prudential Control and Resolution Authority must submit to the Authority the standard file "Application Form for Simplified Authorization - Payment Institution" provided for in Annex 2 to this instruction.

Article 4

Pursuant to Article L. 522-11-2 of the Monetary and Financial Code and Article 2-2 of the aforementioned Order of October 29, 2009, account information service providers seeking registration from the Prudential Control and Resolution Authority must submit to the Authority the standard file "Application Form for Registration – Account Information Service Provider" provided for in Annex 3 to this instruction.

Article 5

Pursuant to Article L. 523-1 of the Monetary and Financial Code and Article 36 of the aforementioned Order of October 29, 2009, payment service providers who intend to carry out payment service activities through an agent must submit to the Prudential Control and Resolution Authority the standard file "Declaration Form for an Agent for the Provision of Payment Services on Behalf of a Payment Service Provider" provided for in Annex 4 to this instruction.

Article 6

Pursuant to Articles L. 521-3-1 and L. 525-6-1 of the Monetary and Financial Code, companies likely to meet the conditions for exemption from authorization as payment institutions and electronic money institutions seeking an exemption from authorization from the Prudential Control and Resolution Authority must submit to the Authority the standard file "Declaration Form for Exemption from Authorization of Payment Institution and/or Electronic Money Institution Dedicated to Electronic Communications Network and/or Service Providers" provided for in Annex 5 to this instruction.

Article 7

The duly completed and signed form and supplementary documents must be sent in electronic format to the Prudential Control and Resolution Authority by uploading them to the portal accessible at the following address: https://acpr-portail.banque-france.fr

Article 8

Instruction No. 2011-I-17 of November 23, 2011, regarding the modification of the application form for authorization of payment institutions is repealed and replaced by this instruction. References to the repealed Instruction No. 2011-I-17 appearing in other instructions shall be understood as references to this instruction.

Article 9

This instruction shall enter into application on May 1, 2019.

Paris, April 23, 2019
The Designated President,
Denis BEAU