Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions determine the procedures and principles of the draft law, the Planning and Budget Commission of the Parliament was adopted.
, the system operated by the system operator. For participation in the functioning of the system and the system of rules and regulations issued by the Central Bank in accordance with the contracts to be determined by the system operator.
Central Bank, the systems make the necessary arrangements to ensure a smooth and uninterrupted operation.
system operator, who can run the system with the permission of the Central Bank under the arrangement.
system operator, with the establishment of joint-stock company in the form of cash and be free of any collusion and will have to be paid-in capital of at least 5 million Turkish Liras. In addition, to have adequate risk management and information security, business continuity and reliability, and to take the measures necessary for the system, participants, and ensure compliance with the operating rules, regulations, bearer share certificates to be issued against cash and will be asked to complete. Interfere with the effective supervision of the bank’s ownership structure and organizational chart transparent and have a clear, 10 per cent of the shares and control of those who have and those who held shares of the founders of the Banking Act, the bank will have the qualifications sought for.
These provisions will not apply to legal persons carrying out the activities of clearing checks under Czech law.
of the system operator are allowed, within 10 days from the date of commencement of operations of the Central Bank to notify the start of its operations.
established or to be established in the Central Bank of surveillance systems to ensure uninterrupted operation of the will. The system operator, any record under surveillance, information and documents, even if they are hidden within the framework of the principles and procedures to be determined by the Central Bank will be deposited to the bank and the bank’s oversight of the system will be ready.
Central Bank, the measures based on the weight of the violation, the system operator may request the issuance of the system, to temporarily stop operating permit. The Bank could threaten financial stability in order to prevent the emergence of a systemic risk to temporarily take over the management of the plant operator.
Transfer order
the rules of the system becomes irrevocable transfer order and transfer order after that time will be determined clearly participant or by a third party can not be undone. Transfer order entry system determined by the rules of the system memory.
Participant or the plant operator to suspend transfers of funds or securities, or permanent suspension of limitation of funds or securities, the savings on to include any measure that prevents regulated by law and decision, and the decision of the system operator notification of the measure in question will be applied to the system after the moment of transfer orders.
participant or system operator system guarantees granted by the Central Bank in connection with the guarantees, guarantees the owner of the system will be used to fulfill their obligations.
Payment service
draft, the Central Bank is given the authority to determine the protective provisions, benefit systems, set system obliges publicity in the Official Gazette. We also determined in detail in payment services and payment institutions.
payment process to take place in cases where a specific payment account yat?r?labilmesi pay money to the account, the payment account, withdraw money, and to perform other operations on the account of all the activities carried out by payment service provider, the payment will be held as a service.
Depending on the particular payment account
issued by the authority on the basis of actual and sending any direct debit transactions initiated by the buyer, debit card or credit card, payment instruments, such as payment transactions initiated by the sender of a money transfer operations, be considered within the scope of payment services .
payment and acceptance of the payment service to be covered by export tool. Depending on the sender’s account without any payment service provider acting on behalf of the buyer or recipient of funds transfer transactions are defined as transfer of money. Electricity, water and telephone bill payments as well as regular services to some organizations that mediate the non-bank payment service to be considered. From opening an account on behalf of the sender or the recipient, the payment service provider acting on behalf of the buyer or recipient of the transactions transferring funds, held as part of the payment service.
The sender of the payment process with the approval of the aforementioned vehiclesthe transfer of funds between the sending and the receiving party through the tools of information and transactions occur through electronic communications operator (such as mobile payment service) be considered of payment services.
IT and electronic communication between the receiving and sending of the organization offering the service at any stage of the process does not have the funds sent to the payment process, and offers infrastructure services only account, the payment service to be evaluated within the scope.
Payment service providers
all organizations, “payment service provider” collected under the name. In addition to banks, electronic money institutions and payment institutions, payment service provider will be defined as. Banks, electronic money institutions, payment institutions, defined as a payment service provider. Persons other than banks and payment service provider not submit payment service.
paid-in capital will be at least one million pounds
who want to work in the field of payment services within the scope of Regulation
payment provider, which may operate provided that allow the BRSA. Payment facility to search for the following conditions:
“established as a joint stock company, and over 10 percent of the share capital and control of those who have the qualifications required for the holders of the founders of the bank, all of the shares and registered shares to be issued against cash, cash and paid-up capital of at least any kind of collusion Having a million pounds under the arrangement to perform management operations, have sufficient personnel and technical equipment and the relevant departments of the complaints and objections to form, the continuity of the activities to be carried out and payment service users about the safety and privacy of information on the funds and take the necessary measures, the BRSA interfere with control of the transparent and have a clear ownership structure and organizational chart. “
payment provider, offering payment services to be provided only payment account used to hold the payment process. With regard to electronic money institutions and payment service to pay the funds, deposits, participation funds or be considered as an electronic money.
Payment provider can not be found in the lending business.
Checkout payment service in areas other than the establishment and activities of your organization operates in the financial position or the BRSA paying agency to monitor compliance with the provisions of laws and regulations that may affect adversely affect the case or the Board may wish to develop a separate institution for payment services.
payment institution to permit the merger or division of your organization, such as changing the legal structure of the transactions, the paying agency in the event of the termination of the legal entity, the legal entity has ended, the paying agency for a period of more than six months within one year after the commencement of operations does not operate in the event the six-month After the period ending on the date itself.
the issuer of electronic money institutions
Banks are allowed to eject
electronic money and electronic money institutions other than the persons engaged in issuance of electronic money bulunmalar? banned. Electronic money, electronic money institution wishing to export, which may operate subject to the consent of the Board.
Under the bill, Requirements for the establishment of electronic money are as follows:
“established as a joint stock company, and over ten percent of the share capital and control of those who possess the qualifications required for the holders of the founders of the fact that all of the shares and registered shares to be issued against cash, cash, and all kinds of collusion paid-in capital of at least 5 millions of Turkish Lira, to perform management operations, have sufficient personnel and technical equipment, complaints and objections to form the relevant departments will carry out activities related to the continuity and users of electronic money funds and take the necessary measures regarding the safety and privacy of information, control, interfere with the institution of a transparent and open have ownership structure and organizational chart. “
through banks to carry out the activities of electronic money institutions.
only its own store network of electronic money issuer
organization, not just a specific group of goods or services as a result of an agreement or a purchase of a service network that can be used only in certain pre-paid instruments will be outside the scope of this regulation.
issuance of electronic money
issuer of electronic money institutions, so that the fund will issue electronic money. This organization funds deposited by
electronic money institution which can not be found engaged in lending, electronic money, electronic money holder holds the interest rate depending on the duration and unable to lead to any benefits. The Board shall be authorized to determine other activities can not be done by electronic money institution.
the funds received in exchange for electronic money institutions issuing electronic money, deposits or participation funds will not be considered.
the activities of payment institutions and electronic money
be stopped temporarily by the BRSA, operating permits may be canceled and the funds of these organizations accepted, the fund will be used to ensure the fulfillment of the owner’s rights and liabilities of indemnification.
Parliamentary Planning and Budget Commission adopted
Payment and Securities Settlement Systems, according to the Draft Law on Payment Services and Electronic Money Institutions, payment, and branches of electronic money institutions, representative or outside services to their audit firms to be authorized BRSA .
public institutions, state security and fundamental foreign trade secret to cases where severe consequences of family life, privacy, and confidentiality of the investigation without prejudice to the provisions relating to the right of defense, prohibitive and restrictive provisions of special laws notwithstanding, albeit hidden by the BRSA to be limited to the tasks, while complying with all information and documents to be requested and the environment will have to be continuous or individual. Payment and electronic money institutions will be subject to independent audit.
BRSA, including independent audits of the issues identified as a result of the audits to ask to take appropriate measures, in order to take measures to recognize a reasonable time not to exceed six months, until the payment is received within this period, the establishment of the necessary measures and temporary operating permit as an electronic money institution if appropriate measures were not taken to stop within the specified period will be authorized to cancel the operating license. Funds received by payment institutions issuing electronic money, electronic money in exchange for the establishment of funds collected by the BRSA ç?karaca?? protected within the framework of the principles and procedures to be determined by regulation.
BRSA, payments and electronic money institutions, in accordance with the principles and procedures to be determined by the responsibility that can guarantee at the Central Bank. Payment and electronic money institutions adopted by the funds and the funds held in the accounts of the organization are subject to voluntary or involuntary liquidation, cancellation of permission to operate the event of situations such as the rights of any other funds to be reimbursed, regardless of the priorities specified in the laws and regulation to ensure fulfillment of the obligations arising from the use .
Payment and electronic money institutions, will be responsible for the compensation for the rights of the fund. Documents and records under the arrangement for a period of at least 10 years in the country to enable safe access to and stored at any moment. Debit and credit cards payment systems will be covered under the arrangement. Organization of Postal and Telegraph Company (PTT Co., Ltd.), you will not have to get approval from the BRSA and the conditions to be exempt from payment provider. BRSA, as a result of audit to be performed under the arrangement, PTT Inc. ‘s activities to provide payment services to stop temporarily or indefinitely.
Share authorization requirements during the reign oftransfer of ownership of shares of certain ratios
, for the system operator, the Central Bank will permit the BRSA for the establishment of payment institutions and electronic money. Usufruct rights including the right to vote and the end of the resort, these ratios considered within the acquisition and transfer.
member of the board of directors or the audit committee of the shares that the privilege of plant, the transfer or issuance of new preferred shares, regardless of the ratios for the system operator, the Central Bank for the establishment of electronic money institutions and payment will be subject to the consent of the BRSA.
Founded over 10 percent of the share capital of
legal persons having control of the system operators to change hands for the purposes of transfer of shares, the Central Bank allowed the BRSA search terms for payment and electronic money institutions. Transfer of shares will inherit the shares subject to authorization, in accordance with the Banking Law, the founders of the bank will have to be qualified for the items.
class=”c16″> Sanctionsbill payment service provider and system operator to organize against the legal entities operating in the administrative fines foreseen. Without the required permits the system operator, which operates as the payment provider or electronic money institution, giving the impression of activity, although it has been revoked continuing operations officers legal persons, natural persons 1 to 3 years imprisonment and a criminal fine of up to five thousand days will be punished.
control and surveillance tasks carried out by the Central Bank and the BRSA prevents the fulfillment of the person, to be given a prison sentence of 1 to 3 years. Not audit the information and documents required under surveillance activities, and people in prison and 500 thousand in the three months to 1 year until the day he faces criminal fines.
system operator, payment institutions and electronic money institutions, documents, false statements Where present, who have signed these documents, up to 1 to 3 years in prison and be punished with a judicial fine up to two thousand days. Act in breach of the obligation to keep records and information security, as much as 1 to 3 years in prison and a criminal fine up to 500 days in 1500 will be the day. A means of payment by third parties in order to prevent access to information about the personal security officers to take reasonable measures organizations and individuals engaged in the process, as much as 1 to 3 years in prison and be punished with a judicial fine up to one thousand days.
the system operator, the paying agency and the electronic money institution partners, board members and other officials, the secrets of these organizations and their customers, even if they are separated by task to someone else, the case descriptions with 1 to 3 years imprisonment given judicial fine up to one thousand days . communication tools through the system operator, the paying agency and the electronic money institution’s reputation can break causing the issue one way or another canard spread by intentionally, one thousand days to 3 years in prison and be punished with a judicial fine up to two thousand days.
the paying agency and the establishment of an electronic money transactions records
disconnection, due to the recognition of the real nature are not suitable, the person who signed the documents and persons 1 to 3 years imprisonment and a criminal fine up to two thousand days will be given.
class=”c16″> embezzlement penalties
which have been transferred to him because of the possession of the task
protection and surveillance is required, or in lieu of money or monetary instruments or securities of the system operator itself or others guilty of embezzlement, payment institutions and electronic money institution authorized and officers, 6 years up to 12 years in prison and be punished with a judicial fine up to five thousand days.
crime, embezzlement, fraudulent behavior, is committed to ensure I prevent disclosure, the person or persons concerned shall not be less than 12 years in prison and a criminal fine ever given to 20 thousand. Forensic amount of the fine, the loss of the body concerned can not be less than three times.
investigation before the embezzled money to be refunded, if reduced to two-thirds of the sentence. Before the prosecution, on a voluntary basis, to be refunded if the embezzled money, the penalty is reduced to half. If this situation happen before the verdict, the penalty is reduced to one-third. Due to the lack of money which is the subject of the crime of embezzlement, which could reduce the sentence by one-third halfway.
changing the structure of the BRSA class=”c16″>bill, the responsibilities of the Central Bank, make regulations to ensure the” control” provisions of the existing and future systems,” is changed to” ensure that the existing and future surveillance systems.
draft, three to five the number of vice-president issued by the BRSA. Assembly raised to 20 the number of directorates.
8director on the board that can be created in Department of Support Services. According to the current law office can be created up to 4. Board members at the request of the representative of the domestic institutions of the center to determine the relevant members of the permanent place of work. Litigation and enforcement proceedings the Agency is a party to carry out services under contract to exceed the number of lawyers that can run it.
for jobs requiring special expertise and temporary nature, can be purchased from the service without being subject to the provisions of the Public Procurement Act.
meeting the expenses of the Authority, payment institutions and electronic money institutions will be used to participate in the share of payments to be made under the name of. As of the date of entry into force of the law operating system operators, systems, within 1 year from the date of publication of the regulation on the Central Bank that will harmonize the law.
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