Regulatory and license impact on card issuing

Legal issues related to regulatory or payment scheme rules often arise in questions we receive from our partners and clients. In this article I would like to summarize key dependencies, limitations and rules that have a very important impact on payment accounts opening, card issuing and also acquiring or money transfer activities. 

When you are launching a payment institution, you have several areas to cover. One of the most important of them is a legal and rules area. Usually this impact can be divided into three main groups of activities: legal requirements, anti-money laundering requirements (which is a specific type of legal requirements) and payment scheme rules. Let me deep dive into each of them.

To operate payment activities, almost in any country you need to get a payment license. There are various types of payment licenses depending on the country, so here I would like to summarize the most important details. In many cases you can hear about EMI (Electronic Money Institution license), Bank (Banking license), Credit Institution, Acquiring Institution etc. These requirements are usually connected with operational activities that the company needs to fulfill to perform payment operations for other entities. They consist of:

It is important to understand details of such requirements and to follow changes of law and rules on a regular basis.

From the business point of view those requirements force us to :

For our partners - just make sure that you follow the rules we inform you about. They are critical for our activity, licenses, so in fact they are securing your business. 

AML and KYC requirements

AML (Anti-Money Laundering) and KYC (Know Your Customers) are part of legal requirements but it is worth presenting them as a separate group because they usually have the biggest impact on operations. The main goal of these rules is to ensure that payment organizations are not used to launder money, support terrorist or illegal activities. They also allow governments to monitor a payment activity area which may be helpful in fighting crime activities. 

Key areas of impact of those requirements can be summarized as follows:

It is interesting that AML and KYC requirements do not block us from issuing cards or opening payment accounts for partners located outside the European Union with our payment companies licensed in the European Union. We are allowed to perform payment activities for Brazil, US, China citizens, as well as the Polish, German or French ones. 

Make sure that you collect user documents and provide them during the user registration to us to fulfill those requirements.

Payment Scheme requirements

Payment Schemes (Mastercard, VISA or others) have separate requirements that must be followed by their partners and licensees. These requirements are similar to the previous ones but not always the same. Key requirements that do have impact on business are:

Problematic areas

Usually problems in a business discussion come in the following areas:

Following regulatory, AML and payment scheme rules is critical for payment companies. We do not have a choice. This is part of the game of card issuing and we must follow requirements. However, it is good that such rules exist. They make our customers' money safer and minimize much bigger risks of running or supporting illegal activities. 

Thanks for reading. 


Revision #4
Created 8 April 2024 04:44:48 by Krzysztof Drzyzga
Updated 18 April 2024 05:08:55