RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of July 9, 2024 No. 189

About approval of Regulations about the notification on the types of activity provided by a subitem) and b) the item 11) parts (2) Art. 2 of the Law on payment services and electronic money No. 114/2012

Based on Art. 21-22 of the Law on payment services and electronic money No. 114/2012 (The official monitor of the Republic of Moldova, 2012, No. 193-197, the Art. 661), with subsequent changes, the Executive committee of National Bank of Moldova DECIDES:

1. Approve Regulations about the notification on the types of activity provided by a subitem) and b) the item 11) of part (2) Art. 2 of the Law on payment services and electronic money No. 114/2012 it (is applied).

2. This resolution becomes effective on the date of publication in the Official monitor of the Republic of Moldova.

Approved by the Resolution of National Bank of the Republic of Moldova of July 9, 2024 , No. 189

Regulations about the notification on the types of activity provided by the subitem a) and b) the item 11) parts (2) Art. 2 of the Law on payment services and electronic money No. 114/2012

Chapter I. General provisions

1. The regulations about the notification on the types of activity provided by the subitem a) and b) the item 11) of part (2) Art. 2 of the Law on payment services and electronic money No. 114/2012 (further - Regulations) extend to persons who intend to perform or perform any activities falling under provisions of the subitem a) and/or b) the item 11) of part (2) Art. 2 of the Law on payment services and electronic money No. 114/2012 (further - the Law No. 114/2012). These Regulations transpose EBA/GL/2022/02 Management about exception of limited networks based on DSP2.

2. For the purposes of these Regulations the terms and expressions provided in the Law No. 114/2012 are used.

Chapter II. Requirements to the notification in the context of intention of implementation of the activities falling under exception

Part 1. Limited network of sellers and/or service providers

3. Person intending to perform the types of activity specified in the subitem a) the item 11) parts (2) Art. 2 of the Law No. 114/2012, begins activities only after the notification of National Bank of Moldova on initiation of the related activity.

4. The notification, stipulated in Item 3, contains data on the name of person, the place of the stay/residence and the detailed description of subjects to provision of services with indication of that goods and services are provided under general brand, characterizing limited network and providing to the client the corresponding visual representation, including specifying of exception according to which activities are considered performed, and also the following relevant information and documents:

1) amount and cost of the annual payment transactions which are subject to implementation annually;

2) maximum amount which will be credited in tools/devices;

3) the maximum number of the issued tools;

4) the description of risks which the client when using the tool/device can face;

5) the draft of the commercial agreement between the issuer of the tool/device and each seller and/or the service provider who will perform activities in limited network;

6) the expected maximum number of the sellers and/or service providers performing activities in limited network and also the description of technical restrictions which will be applied to the tools/devices limiting their use by the maximum expected number of sellers and/or or service providers;

7) specific geographical supply area of goods and services.

5. The notification accompanied with the documents and information specified in Item 4, are represented signed by body the management/member of governing body or the authorized person on paper in the location of National Bank of Moldova or electronically using the qualified digital signature according to the Law on electronic identification and confidential services No. 124/2022 in the address: reglementare.psp@bnm.md or on other electronic channels according to regulations of National Bank of Moldova.

6. The limited network of sellers and/or service providers consists only of shops, commercial units of retail trade through bureau of orders or on the Internet, determined according to the Law on domestic trade No. 231/2010 or their combination.

7. The tools/device excluded based on the subitem and) the item 11) parts (2) cannot be used by Art. 2 of the Law No. 114/2012 in several limited networks of sellers and/or service providers.

8. The tools/device allowing the owner to receive goods or services implementable at retail, only in the rooms of the issuer provided by the subitem and) the item 11) parts (2) Art. 2 of the Law No. 114/2012, can be used only in physical shops.

9. Person intending to perform the activities specified in the subitem a) the item 11) parts (2) Art. 2 of the Law No. 114/2012, will apply the technical and contractual restrictions limiting use of the tool/device.

Part 2. Limited range of goods or services

10. Person intending to perform the activities specified in the subitem b) the item 11) parts (2) Art. 2 of the Law No. 114/2012, begins activities only after the notification of National Bank of Moldova on initiation of the related activity.

11. The notification, stipulated in Item 10, contains data on the name of person, the place of the stay/residence, and also the description of functional communication between goods and/or services which will be received by means of the tool/device, including specifying of exception within which activities, and also the following relevant information and documents will be performed:

1) amount and cost of the payment transactions which are annually performed with use of the tool/device;

2) maximum amount which will be credited in tools/devices;

3) the maximum number of the issued tools/devices;

4) the description of risks which the client when using the tool/device can face.

12. The notification accompanied with the documents and information specified in Item 11, are represented signed by body the management/member of governing body or the authorized person on paper in the location of National Bank of Moldova or electronically using the qualified digital signature according to the Law on electronic identification and confidential services No. 124/2022 in the address: reglementare.psp@bnm.md or on other electronic channels according to regulations of National Bank of Moldova.

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