RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of March 9, 2017 No. 62

About approval of Regulations about provision of payment services by means of the automated systems of remote servicing and recognition voided some regulations of National Bank of Moldova

Based on the item f) and m) the Art. 5, parts (1) the Art. 11, the item b) parts (2) Art. 49-1 and the item and) Art. 49-2 of the Law on National Bank No. 548-XIII of July 21, 1995 (pereopublikovan: The official monitor of the Republic of Moldova, 2015, No. 297-300, the Art. 544), with subsequent changes and amendments, parts (3) the Art. 49, the item b) parts (2) Art. 93 and the item c) parts (1) Art. 94 of the Law on payment services and electronic money No. 114 of May 18, 2012 (The official monitor of the Republic of Moldova, 2012, No. 193-197, the Art. 661) the Executive committee of National Bank of Moldova DECIDES:

1. Approve Regulations about provision of payment services by means of the automated systems of remote servicing according to appendix No. 1.

2. Recognize invalid some regulations of National Bank of Moldova according to appendix No. 2.

3. Within 6 months from the date of entry into force of this resolution licensed payment service providers who for this day provide payment services by means of the automated systems of remote servicing started before entry into force of this resolution and not registered in National Bank of Moldova shall provide to National Bank of Moldova the petition for data recording of systems, in view of conditions of this resolution.

4. The payment service providers who did not fulfill the requirements provided in item 3 or which did not receive confirmation about registration of the automated systems of remote servicing from National Bank of Moldova will not perform activities for provision of payment services by means of the automated systems of remote servicing provided in item 3.

Appendix No. 1

to the Resolution of Executive committee of National Bank of the Republic of Moldova of March 9, 2017 No. 62

Regulations about provision of payment services by means of the automated systems of remote servicing

Chapter I. General provisions

1. Based on the item f) and m) the Art. 5, parts (1) the Art. 11, the item b) parts (2) Art. 49-1 and the item and) Art. 49-2 of the Law on National Bank No. 548-XIII of July 21, 1995 (pereopublikovan: The official monitor of the Republic of Moldova, 2015, No. 297-300, 544), with subsequent changes and amendments, parts (3) the Art. 49, of the item b) parts (2) Art. 93 and the item c) of part (1) Art. 94 of the Law on payment services and electronic money No. 114 of May 18, 2012 (further - the Law) is published by the Art. these regulations which subject is regulation of provision of payment services by means of the automated systems of remote servicing.

2. In these regulations the following concepts are used:

authentication – the procedure by means of which the payment service provider (further PPU) can identify the identity of the user of payment services or reality of use of certain payment instrument, including its personalized safety elements;

reliability – property of information to be the identification of the personality connected with her author by availability of the proof and providing information source credibility;

the owner – the client (physical person or legal entity) of PPU who based on the signed contract with PPU, owns the device and/or name the user/password/code or other similar element allowing PPU remote authentication of the client;

integrity – property of information to keep the accuracy, completeness and reliability;

means of communication – set of the technical and program interdependent means intended for ensuring data exchange between PPU and the user;

non-failure operation – ensuring impossibility of denial of transaction by the owner or PPU by means of the mechanism providing the proof of integrity and accuracy of the information or the involved parties, or the third party;

the unique transaction number – the single identification number assigned to each transaction, identifying unambiguously transaction within certain operational day;

the automated system of remote servicing (further - ASDO) – the information decision and/or equipment provided to PPU to owners, including the following categories:

a) Systems of remote control of payment accounts (further - SDUPS) – the information solution provided to PPU to the owner which allows the user by means of appendix, of method of authentication and means of communication to have remote access to funds, being on the payment account of the owner, for receipt of information on condition of the payment account and the executed transactions, implementation of transactions for and on behalf of the owner at the expense of the means which are on the payment account;

b) The automated systems of multifunctional terminals of servicing – information solutions of the automated devices functioning in the autonomous mode used for provision of wide range of payment services which based on method of authentication of the user are provided by number of possible actions, such as: access or management of the payment account, including implementation of transactions through this account (contribution, transfer or money withdrawal), implementation of payments without use of the payment account.

transaction – the payment transaction performed electronically by means of ASDO, using the mechanism allowing check of its reliability, integrity and non-failure operation;

the user – the owner or the physical person designated by the owner, having access to some or all rights appropriated to the owner by means of the contract with PPU for use of ASDO; person which is the owner of electronic money.

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