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Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions principles and procedures for determining the draft law was passed by the Parliament.
According to the law 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.
, the Central Bank will make the necessary arrangements to ensure smooth and uninterrupted operation.
the 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 open to, and control of those who have a share of over 10 percent and capital holders will possess the qualifications required for the founders of the bank Banking Law.
these provisions, Czech law will not apply to legal persons carrying out activities within the scope of clearing checks.
permission of the system operator, within 10 days from the date of commencement of operations of the Central Bank to notify the start of its operations.
Central Bank established or to be established 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, measures based on the weight of the violation, system operator may request the issuance of the system, 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-transfer order to the system rules can not be clearly identified and transferred to become an exhibitor or by a third party after that the order can not be undone. Transfer order entry system determined by the rules of the system memory.
participant or system operator to suspend transfers of funds or securities, or permanent suspension of limitation of funds or securities, including any kind of organized law that prevents it from saving on and decided to measure the system operator of the system after the moment of notification of the measures and the decision will be applied for transfer orders.
guarantees given to the participant, or system operator in connection with the Central Bank guarantees given to the system, the system guarantees the owner to be used for the fulfillment of obligations related to.
-Payment service-
given to the Central Bank the authority to determine the protective provisions, benefit systems, determined by the systems in the Official Gazette brought publicity obligation.
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 service organized.
paid account, depending on the actual and specific authorization issued by the sender for any direct debit transactions initiated by the buyer, such as credit card or debit card payment transactions initiated by the sender of a payment instrument transfer of money operations, be considered within the scope of payment services.
issuance and acceptance of payment instrument would be part of the payment service. 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.
approval of the aforementioned vehicles, the sender and the sender of the payment process with the receiving party through the transfer of funds between IT and electronic communication tools such transactions takes place over the operator (such as mobile payment service) be considered of payment services.
offering IT and electronic communication sent to the organization to fund the transaction process payments between the receiving and sending and just does not have the infrastructure to offer services at any stage of processing, payment service will not be evaluated within the scope.
all institutions offering payment services, “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.
-be-paid-in capital of at least one million poundswho 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, all kinds of cash and paid-up capital of at least one million pounds of collusion that 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 the payment of funds, and information on the safety and privacy of service users take the necessary measures on the BRSA control interfere with transparent and open to a partnership 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 of payment services may request a separate organization to be established.
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 after the commencement of operations If that does not operate for a period of more than six months in the year six-month period will automatically terminate on the date expired.
-issuer of electronic money institutions-
banks and electronic people other than the electronic money institutions that are allowed to eject the money, electronic money issuance activity bulunmalar? banned. Electronic money, electronic money institution wishing to export, which may operate subject to the consent of the Board.
Requirements for the establishment of electronic money are as follows:
“established as a joint stock company, and over ten percent of the share capital of those who possess the qualifications required for and control of 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 to be paid-in capital of at least 5 million Turkish Lira, to perform management operations, have sufficient personnel and technical equipment , complaints and appeals to create 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, transparent and open to interfere with control of the organization structure and organizational chart to have a partnership. “
Electronic money institutions to carry out their activities through banks.
only its own store network of the organization issuing electronic money, the purchase of a specific group of goods or services or as a result of an agreement with the pre-paid instruments that can be used only a limited network of service regulation will be outside the scope.
-issuance of electronic money-
issuer of electronic money institutions, so that the fund will issue electronic money. This
provider of electronic money lending activities, which can not be found, depending on the duration of electronic money, electronic money holder holds any interest, and unable will not receive a benefit. The Board shall be authorized to determine other activities can not be done by electronic money institution.
funds received for issuance of electronic money, electronic money institutions, deposits or participation funds will not be considered.
the activities of payment institutions and electronic moneybe 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.
Payment and Securities Settlement systems, the Draft Law on Payment Services and Electronic Money Institutions, enacted by the Parliament adopted Kurul’nda.
According to the law, payments and electronic money institutions branch, 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 without regard to confidential albeit limited to the tasks given by the BRSA, 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 6 months, this time until the necessary measures are taken in by payment and electronic money institution to temporarily stop operating permit if appropriate measures were not taken 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 Central Bank the responsibility of the eyes that can guarantee. 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.
-authorization requirements during the reign of Pay-transfer of ownership of shares of certain ratios, the Central Bank of the system operator, the BRSA’s permission will be taken 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.
giving the privilege to appoint members of the board of directors or the audit committee of the shares plant, the transfer or issuance of new preferred shares, regardless of the proportional system operator to 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 entities that control the system operators of transfer of shares changing hands for the purposes of Central Bank, payments and electronic money institutions allow for the BRSA search terms. 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.
-Sanctions-system without the required permits operator, which operates as the payment provider or electronic money institution, giving the impression of activity, although it has been revoked legal persons, natural persons who continue to operate up to 1 to 3 years in prison and five thousand officers ever punished legal fines.
Central Bank and the inspection and supervision by the BRSA, preventing tasks from 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 bulunmalar? If the people who 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.
system operator, the paying agency and electronic money institution partners, board members and other officials, the secrets of these organizations and their customers, even if they are separated by task, in case someone else releases one thousand days to 3 years in prison by means of judicial fine up to the plant operator verilebilecek.?leti?im payment and the establishment of an 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.
electronic money institutions and payment release of the establishment of the informal process, the recognition of the real nature are not suitable because the person who signed the documents and persons less than 1 year to 3 years in prison and a criminal fine up to two thousand days will be given.
-embezzled money spending punishments-
possession of a task is delegated to him or is liable to the protection and surveillance documents or securities in lieu of money or the money himself or someone else who had embezzled the system operator, payment institutions and electronic money agency officials and staff, 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 less than 12 years including, but not criminal in prison and be fined up to 20 thousand days. 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 two-thirds of the sentence to be downloaded. 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.
-BRSA-changing structureamong the tasks of the Central Bank , located in the present and future”,” make regulations to ensure the provision of control systems, surveillance systems, to ensure the present and future” was changed to”.
than three to five BRSA issued by the vice president. Assembly raised to 20 the number of directorates.
8 in Department of Support Services office can be created on the board. 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.
Parliament Deputy Chairman Mehmet Saglam Following the adoption of the bill on June 25, on Tuesday, 15.00 to convene in closed combination.
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