2021-05-21
Added
The law establishes that only trade companies licensed by the National Bank of the Republic of North Macedonia and banks with a founding and operating licence may provide fast money transfer services, requiring a minimum Euro 20,000 deposit, a qualified responsible person, security policies, and a contract with an authorized global electronic money transfer system. Applicants must submit detailed documentation—including proof of assets, anti‑money‑laundering programmes, tax clearance and audit reports—and the Governor of the National Bank must decide on the licence or approval within 30 days of a complete application and no later than 90 days overall, after which the licence holder must commence operations within 30 days and adhere to cash‑transfer limits of Euro 2,500 per individual per month for outgoing transfers and Euro 5,000 per day for incoming transfers. The law also obliges licensed providers and their subagents to maintain a registry, issue receipts, post tariffs in Denars, notify the National Bank of contract changes within five working days, submit monthly transaction reports, and subjects them to off‑site and on‑site inspections, with possible warnings, orders, contract termination or licence revocation for non‑compliance.
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LAW ON PROVIDING FAST MONEY TRANSFER SERVICES
(unofficial fair copy)
I. GENERAL PROVISIONS
Article 1
This Law shall regulate the manner and the terms and conditions for providing fast money transfer services in the Republic of North Macedonia.
Article 2
Individual terms used in this Law shall have the following meaning:
1 This fair copy shall be composed of the Law on Providing Fast Money Transfer Services, Official Gazette of RM No. 77/03) and the Law Amending the Law on Providing Fast Money Transfer Services (Official Gazette of RM No. 54/07, 48/10, 67/10, 17/11, 135/11, 187/13, 154/15, 23/16 and 77/21).
The fast money transfer service provider shall be accountable for its and the liabilities of the subagents on the basis of provided fast money transfer.
Article 5
The legal entities not being licensed by the National Bank for providing fast money transfer service or have no contract with the fast money transfer service provider for providing fast money transfer service as subagent, the banks not being been granted an approval for providing fast money transfer services by the National Bank and natural persons who are not employed with fast money transfer services providers or with subagents, must not provide fast money transfer services.
II. TERMS AND CONDITIONS FOR PROVIDING FAST MONEY TRANSFER SERVICE
revocation of the license for providing fast money transfer service,
prohibition on establishing new legal entities and
temporary or permanent prohibition on providing fast money transfer service.
The authorized officer from the competent public authority from who the documents referred to in paragraph 1 items 3) 5) 6) and 8) of this Article and Article 6 paragraph 1 items 1) 9) 10) and 11) of this Law were requested, shall submit them to the National Bank within three days from the day of receipt of the application. The National Bank shall prescribe the form and contents of the application referred to in paragraph 1 of this Article.
Article 7-а
The banks having been granted a founding and operating license by the National Bank may provide fast money transfer services after obtaining prior approval by the Governor of the National Bank. For obtaining the approval under paragraph 1 of this Article, the banks shall be required to submit an application to the National Bank, enclosing the following:
deadlines set by the Governor for application completion and the period from the submission of the application by the Governor of the National Bank to the competent domestic and foreign organizations and institutions for obtaining documents and information necessary for deciding upon the application. The period from the day of submission of the application to the day of deciding by the Governor shall not exceed 90 days. The Governor of the National Bank shall reject the application under Articles 7 and 7-а of this Law if:
The Governor of the National Bank shall prescribe the form, the contents and the manner of maintaining Fast Money Transfer Service Provider Registry.
III. METHOD AND TERMS AND CONDITIONS FOR PROVIDING FAST MONEY
TRANSFER
Article 16
The fast money transfer service providers shall make the money transfer exclusively in the premises stated in the license from Article 10 item 2 i.e. the approval from Article 7-a paragraph 2 item 5 of this Law, while the subagent exclusively in the premises stated in the contract from Article 14 paragraph 1 of this Law.
Article 17
A fast money transfer service pursuant to this Law may be provided only for domestic and foreign natural persons.
Article 18
The fast money transfer service provider shall be obliged to send and collect cash based on fast money transfer through special accounts opened with domestic banks authorized for performing international payment operations. When opening the account from paragraph 1 of this Article, the fast money transfer service provider shall be obliged to present and to leave to the bank also a notary verified copy of the license for performing fast money transfer service issued by the National Bank. The subagents shall be obliged to send and collect cash based on fast money transfer through the accounts from paragraph 1 of this Article. The provisions from paragraph 1 of this Article shall no refer to banks having obtained an approval for performing international payment operations.
Article 19
The money transfer shall be performed in cash foreign currency which is subject of sale and purchase on the foreign exchange market in the Republic of North Macedonia.
Article 20
The cash sent based on fast money transfer from the Republic of North Macedonia shall not exceed the amount of Euro 2,500 monthly per individual, while the cash collected on the basis of fast money transfer in the Republic of North Macedonia shall not exceed Euro 5,000 daily per individual. The fast money transfer service providers and the subagents shall be obliged to adhere to the limits from paragraph 1 of this Article.
Article 21
Written document - receipt, for each amount of sent or collected cash foreign currency shall be issued, pursuant to the standards of the global electronic money transfer system. The National Bank shall approve the form and the contents of the receipt from paragraph 1 of this Article. The fast money transfer service provider, other than bank, which was granted an approval from the National Bank for performing international payment operations and the subagent shall be required to maintain single record for each transaction of fast money transfer. The National Bank shall prescribe the manner of maintaining the record from paragraph 3 of this Article.
Article 22
The fast money transfer service provider and the subagents shall charge fee for the service of cash foreign currency transfer exclusively in Denars, according to the set tariff. The fast money transfer service provider and the subagents shall be obliged to post the tariff from paragraph 1 of this Article and the limits from Article 20 paragraph 1 of this Law on prominent place in the premises for providing fast money transfer.
IV. NOTIFICATION
Article 23
The fast money transfer service provider shall be required to notify the National Bank on the following:
The Governor of the National Bank shall prescribe the type and the manner of submission and the contents of the reports under paragraph 1 of this Article.
Article 25
For issuance and revocation of the license for providing fast money transfer services, as well as for the concluded contracts with the subagents, the National Bank shall notify the Ministry of Finance in written within five working days from the day of issuance and revocation of the license, i.e. from the day of receipt of the notifications for concluded contracts with the subagents. The notification under paragraph 1 of this Article shall contain:
VI. MONEY LAUNDERING PROTECTION
Article 27
The fast money transfer service provider and the subagents shall be required to prepared and to implement program for money laundering prevention and financing of terrorism and to act pursuant to the regulations regulating the money laundering prevention and financing of terrorism.
VII. INSPECTION AND MEASURES
Article 28
The inspection over the implementation of this Law and the regulations thereof and the operating of the fast money transfer service providers and of subagents, if required, shall be performed by the National Bank.
Article 29
The National Bank shall perform both the off-site and on-site inspection over the operations of the fast money transfer service providers and the subagents registered in the Fast Money Transfer Service Provider Registry maintained by the National Bank.
Article 30
The National Bank shall perform off-site inspection over the operations of the fast money transfer se4rvice providers as well as the subagents on the basis of obtained reports according to the provisions of Article 24 of this Law.
Article 31
During the on-site inspection, the fast money transfer service providers and the subagents shall be obliged to enable the authorized officer a smooth inspection, inspection in the operations and on their request, to put on his disposal the entire necessary documentation, information and data.
Article 32
The authorized officer of the National Bank shall prepare a report on the undertaken activities during the inspection procedure. The fast money transfer service provider and the subagents shall be liable to submit complaint to the report on the conducted inspection within eight days from the day of receipt of the report to the National Bank.
Article 33
The National Bank may undertake the following measures against the fast money transfer services providers and the subagents not adhering to the provisions of this Law and the regulations:
fast money transfer service providers, subagents and natural persons providing fast money transfer outside the premises from Article 16 of this Law shall be performed by the Ministry of Finance - State Foreign Exchange Inspectorate. Against the legal entities from paragraph 1 of this Article, the State Foreign Exchange Inspectorate shall adopt decision on ban on performing activity, requiring also their erasing from the Registry they have been registered in. An appeal may be filed against the decision under paragraph 2 of this Article to the State Committee for making decisions in an appellate inspection and misdemeanor procedure. When performing the inspection, the provisions from the Law on Inspection shall adequately be applied. The appeal under paragraph 3 of this Article shall not postpone the execution of the decision. The state Foreign Exchange Inspectorate, if having information or determine during the inspection that the fast money transfer service provider, the subagents and natural persons provide fast money transfer outside the premises under Article 16 of this Law, shall be obliged to notify the National Bank. The National Bank, if having knowledge that certain legal entities and natural persons that are not registered in the Registry from Article 15 of this Law provide fast money transfer service shall be required to notify the Ministry of Finance - State Foreign Exchange Inspectorate as competent supervisory body.
VIII. PENALTY PROVISONS
Criminal acts
Illegitimate fast money transfer
Article 36
Anyone providing fast money transfer contrary to Article 5 of this Law shall be sentenced from one to three years of imprisonment. Provided that the act under this Article is performed by a legal entity, it shall be fined. The court shall state the perpetrator under paragraph 1 of this Article also a ban on performing profession, activity or duty under the terms and conditions set forth in 38-b of the Criminal Code. Misdemeanor sanctions
Article 37
The fast money transfer service provider shall be fined a Denar equivalent of Euro 1,000 to 1,500 for a misdemeanor if:
fails to terminate the contract with the subagent, which ceased fulfilling the terms and
conditions under Article 12 of this Law, or made changes regarding the compulsory data in the contract (Article 14 paragraph 4);
fails to issued written document - certificate for each sending and collection of cash
foreign currency and fails to maintain single record for each fast money transfer transaction (Article 21 paragraphs 1 and 3);
charges fee for transfer of cash foreign currency in other currency and fails to post
the tariff for providing fast money transfer service and limits from Article 20 paragraph 1 of this Law on prominent place in the premise of performing fast money transfer (Article 22) and
failed to notify or inform with a delay the National Bank and failed to enclose he
contract from Article 23 of this Law.
Fine in the amount of Denar equivalent of Euro 300 shall also be imposed for the misdemeanors referred to in paragraph 1 of this Article on the responsible person in the money transfer provider.
Article 37-а
The fast money transfer service provider shall be fined for the misdemeanor with the Denar equivalent of Euro2.000 to 2.500 if:
fails to submit monthly reports to the National Bank (Article 24);
fails to maintain an accounting record, fails to determine an audit company, fails to
conduct audit and fails to submit a report to the National Bank (Article 26). Fine in the amount of enar equivalent of Euro 400 shall also be imposed for the misdemeanors referred to in paragraph 1 of this Article on the responsible person in the money transfer provider.
Article 37-b
The fast money transfer service provider shall be fined with Denar equivalent of Euro 2,000 to 3,000 for misdemeanor if:
fails to maintain the value of the assets or uses the assets contrary to Article 6
paragraph 2 of this Law;
fails to submit a request for obtaining prior approval or fails to obtain approval for
change, while has changed the documentation, information and data from Article 7 paragraph 1 items 1, 2, 3, 4, 7, 8 and 10 and Article 7-а paragraph 2 items 1, 2, 4 and 5 of this Law (Article 11 paragraph 1);
fails to make the money transfer outside the premises stated in the license from Article
1o item 2, i.e. the approval from Article 7-а paragraph 2 item 5 of this Law (Article 16);
provides fast money transfer service for domestic and foreign legal entities (Article 17);
fails to send and collect cash based on fast money transfer through special accounts
opened with domestic banks authorized for international payment operations (Article 18 paragraph 1);
provides the fast money transfer contrary to Article 19 of this Law and
fails to adhere to the limits from Article 20 of this Law.
Fine in the amount of Denar equivalent of Euro 500 shall also be imposed for the misdemeanors referred to in paragraph 1 of this Article on the responsible person in the money transfer provider.
Article 37-c
The authorized officer from the National Bank shall be fined Denar equivalent of Euro 25 for misdemeanor, if within the deadline stipulated in Article 7 paragraph (2) of this Law does not require necessary documents, data and information. The authorized officer from the competent public authority from who the National Bank requested documents, data and information ex officio, shall be fined Denar equivalent of Euro 25 for misdemeanor, if they are not delivered within the deadline stipulated in Article 7 paragraph (3) of this Law.
Article 38
Subagent shall be fined with Denar equivalent of Euro 800 to 1,000 if it:
1)fails to issue a written document -receipt for each transaction of sending and collection of foreign currency cash (Article 21 paragraphs 1 and 3);
2) charges fee for the service of transfer of foreign exchange cash in other currency and
fails to post the tariff for providing fast money transfer service and limits from Article 20 paragraph 1 of this Law on prominent place in the premises of providing fast money transfer (Article 22). Fine in the amount of Denar equivalent of Euro 200 shall also be imposed for the misdemeanors referred to in paragraph 1 of this Article on the responsible person in the subagent.
Article 38-а
The subagent shall be fined Denar equivalent of Euro 1,000 to 1,500 for misdemeanor, if fails to maintain both the accounting and the record pursuant to Article 26 paragraphs 1 and 2 of this Law. Fine in the amount of Denar equivalent of Euro 300 shall also be imposed for the misdemeanors referred to in paragraph 1 of this Article on the responsible person in the subagent.
Article 38-b
Subagent shall be fined a Denar equivalent of Euro 2,000 to 2,500 for a misdemeanor if it:
fails to notify the fast money transfer service provider for each change in the terms
and conditions and the data from Article 14 paragraph 3 of this Law;
performs the money transfer outside the premises stated in the contract from Article
14 paragraph 1 of this Law (Article 16);
provides fast money transfer service for domestic and foreign legal entities (Article 17);
fails to send and collect money based on fast money transfer through special accounts
opened with domestic banks authorized for international payment operations (Article 18 paragraph 3);
performs the money transfer contrary to Article 19 of this Law and
fails to adhere to the limits from Article 20 of this Law.
Fine in the amount of Denar equivalent of Euro 400 shall also be imposed for the misdemeanors referred to in paragraph 1 of this Article on the responsible person in the subagent.
Article 38-c
For the misdemeanors of this Law, persons authorized to conduct inspection, when identifying the misdemeanor, shall propose to the perpetrator a settlement procedure by issuing a misdemeanor payment order, as prescribed in the Law on Misdemeanors.The National Bank Council shall prescribe the form and contents of the misdemeanor payment order.
Article 38-d
For the misdemeanors determined in this Law, a misdemeanor procedure and misdemeanor sanction shall be stated by a competent court.
Article 38-e
The amount of the fine for the legal entity shall be set pursuant to the Law on Misdemeanors.
IX. TRANSITIONAL AND CLOSING PROVISIONS
Article 39
The National Bank shall adopt the bylaws stipulated in this Law within 60 days from the day this Law becomes effective.
Article 40
This Decision shall enter into force on the eighth day from the day of its publishing in the Official Gazette of the Republic of Macedonia".
LAW AMENDING THE LAW ON PROVIDING FAST
MONEY TRANSFER SERVICES
(Official Gazette of the Republic of North Macedonia No. 77 of 6.4.2021) (Transitional and Closing Provisions)
Article 10
The bylaw prescribed in this Law shall be adopted within 30 days of the date of entry into force of this Law.
Article 11
Any misdemeanor procedure commenced prior to the entry into force of this Law shall be regulated by the Law on Providing Fast Money Transfer Services (Official Gazette of the Republic of Macedonia No. 77/2003, 54/2007, 48/10, 67/10, 17/11, 135/11, 187/13, 154/15 and 23/16).
Article 12
This Law shall enter into force on the eighth day of publication in the Official Gazette of the Republic of North Macedonia.
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Source: National Bank of the Republic of North Macedonia — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works