Регистрация платежной системы в Украине

Услуги по созданию, регистрации, открытию платежной системы в Украине

PAYMENT SYSTEM REGISTRATION

Description

BMG has 10 years of experience in providing services for the creation, registration of payment systems in Ukraine, the opening of financial institutions, payment organizations, obtaining a license to transfer funds. BMG has successfully implemented more than 1000 projects, opened more than 100 financial institutions and received more than 300 licenses for financial activities. BMG has practical experience in registering payment systems in Ukraine.

BMG services for payment system registration:

You can get a free consultation on the issue of registering a payment system by phone: +380442211110 or by leaving a request on the website, and we will contact you as soon as possible:

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    Conditions for the functioning of payment systems in Ukraine

    Transfer to Ukraine can be carried out using domestic and international payment systems. Payment systems (except for the intra-bank payment system) operate in accordance with the rules established by the payment organization of the corresponding payment system.

    The rules of the payment system should establish the organizational structure of the payment system, the conditions for participation, the procedure for entering and exiting the system, risk management, the procedure for initiating and making a transfer and mutual settlements on this transfer in the system, the procedure for resolving disputes between participants and between participants and users, a protection system information, the procedure for reconciliation.

    Types of payment systems

    The types of payment systems are divided into:

    Domestic payment system - a payment system in which the payment organization is a resident and which operates and ensures the transfer of funds exclusively within Ukraine.

    Международная платежная система - платежная система, в которой платежная организация может быть как резидентом, так и нерезидентом и осуществляет свою деятельность на территории двух и более стран и обеспечивает проведение перевода средств в пределах этой платежной системы, в том числе из одной страны в другую.

    Payment systems created by residents

    Banks and/or resident financial companies have the right to register and be members of domestic and/or international payment systems.

    The National Bank of Ukraine has the right to establish requirements for payment organizations of payment systems, depending on the type of transfers made in the payment system.

    Participants of the payment system in Ukraine have the right to be a bank that has a banking license from the National Bank of Ukraine, as well as a non-banking financial institution that has a license from the National Bank of Ukraine to transfer funds without opening accounts that have concluded agreements with the payment organization of the relevant system.

    International payment systems created by non-residents

    Financial institutions licensed by the National Bank of Ukraine to transfer funds without opening accounts, as well as banks, are entitled to conclude agreements with payment organizations of international payment systems created by non-residents on participation in the relevant systems, if these systems are entered in the Register.

    Banks, non-banking financial institutions and payment organizations of the systems created by them are prohibited from entering into agreements on participation in international payment systems that provide for restrictions on the rights of banks, non-bank financial institutions and their representatives to participate in other international payment systems and organizations founded with their participation.

    Registration of payment systems in Ukraine

    Registration of a payment system in Ukraine, a payment system participant and a payment infrastructure service provider is carried out by entering information about them in the Register of payment systems, settlement systems, participants in these systems and payment infrastructure service providers of the National Bank of Ukraine.

    Payment organizations of payment systems, participants of payment systems and operators of payment infrastructure services are entitled to carry out activities in Ukraine only after their registration by the National Bank.

    The National Bank registers the payment system by entering information about:

    • payment system, the payment organization of which is a resident, after agreeing the rules of this payment system
    • international payment system, the payment organization of which is a non-resident, including the international Internet settlement system that meets the requirements of this Regulation, after agreeing on the conditions and procedure for the operation of this payment system in Ukraine
    • of the intra-bank payment system after receiving a notification from the bank about the beginning of the activity of this system
    • payment system participant whose payment organization is a resident, after receiving a message from the payment organization about the agreement concluded with this participant
    • participant of the international payment system, the payment organization of which is a non-resident, after registration of an agreement on participation in the international payment system
    • operator of payment infrastructure services after agreeing on the conditions and procedure for its activities

    Payment system registration, resident payment organization

    The payment organization of the payment system is obliged to submit a package of documents to the National Bank in order to harmonize the rules of this system.

    The rules of the payment system should contain provisions on:

    • organizational structure of the payment system
    • conditions for participation in the payment system, as well as the procedure for entering and exiting this system
    • the system for managing risks in the payment system, determined by the regulations of the National Bank on the issues of supervision (oversight) of payment systems (separately for each risk inherent in the payment system), the procedure for ensuring the continuity of the payment system and the procedure for settling insolvency and other cases of inability to fulfill payment system participants systems of their obligations, including the procedure for creating and using the insurance fund (if any)
    • types of services for the transfer of funds provided in the payment system, indicating the initiators and recipients of the transfer of funds (legal entities and / or individuals), types of transfer currencies, etc.
    • the procedure for initiating and making a transfer and mutual settlements on this transfer in the payment system
    • procedure for applying the value date (if used)
    • the timing of the transfer of funds
    • the procedure for withdrawing settlement documents (in the case of providing services using settlement documents)
    • the procedure for monitoring in order to identify erroneous / improper transfers, the subjects of these transfers (for card payment systems)
    • requirement for payment system participants to notify each other about erroneous / improper transfers, the subjects of these transfers
    • the procedure for fulfilling the requirements of the legislation of Ukraine in the field of preventing and combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction apply to the participant of the payment system
    • the procedure for providing support in the payment system for the transfer of funds with information about the initiator and recipient at all stages of the transfer of funds
    • information security system
    • procedure for reconciliation
    • the procedure for the payment organization to exercise control over compliance by the payment system participants with the requirements of the payment system rules
    • the procedure for resolving disputes between participants among themselves and between participants and users related to the functioning of the payment system
    • the procedure for storing paper and electronic documents for the transfer of funds, as well as the procedure for creating archives of electronic documents in accordance with the legislation of Ukraine, including the regulatory legal acts of the National Bank

    The National Bank is obliged, within 60 working days from the date of receipt by the National Bank of a complete package of documents submitted by the payment organization of the payment system for harmonization of the rules of this system, to consider these documents.

    The National Bank, in the event of a decision to harmonize the rules of the payment system, the payment organization of which is a resident, is obliged to issue a certificate of harmonization of the rules of the payment system to the payment organization of the payment system.

    The National Bank, in the event of a decision to harmonize the rules of the payment system, the payment organization of which is a resident, is obliged to issue a certificate of harmonization of the rules of the payment system to the payment organization of the payment system.

    Registration of an international payment system, non-resident payment organization

    A non-resident payment organization of an international payment system or its representative office, or a settlement bank of an international payment system in Ukraine or an authorized non-resident institution are obliged to submit to the National Bank a package of documents that meet the following conditions in order to agree on the conditions and procedure for the operation of an international payment system in Ukraine:

    1) Copies of documents (extracts from documents) of the payment organization of the international payment system, which determine:

    • the organizational structure of the international payment system, which should include data on the payment organization of the international payment system, settlement banks, processing centers, other persons indicating the full names, location and their functions, as well as the name of the authority of the foreign state in which the main office of the payment organization is registered international payment system
    • the procedure for entering and exiting the international payment system and the list of documents submitted for admission to the international payment system
    • management system in the relevant international payment system for liquidity, credit, legal, operational and systemic risks
    • types of services provided by the international payment system to its resident participants, and the procedure for their provision
    • list of payment instruments that are used to initiate and pay out the amount of funds transfer in the international payment system [for international funds transfer systems – indicating samples of documents for transfer and cash withdrawal (if any)]
    • technology for the transfer of funds by participants in the payment system, including the technology for exchanging information in the international payment system and a description of the information security system that will be used by the international payment system on the territory of Ukraine

    2) copies of documents (extracts from documents) of the international payment system, regulating:

    • requirements in the field of preventing and combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction apply to participants in the international payment system, and the procedure for their implementation of these requirements
    • the procedure for ensuring that the recommendations of the Financial Action Task Force on Money Laundering (FATF) on transfers are implemented in the international payment system

    3) a copy of one of the following documents of the authority of a foreign state:

    • extracts from the banking, trade, court register or other official document confirming the registration of the payment organization of the international payment system
    • permits, licenses or other document, which granted the right of the payment organization of the international payment system to carry out activities in the field of international funds transfers

    The National Bank is obliged, within 60 working days from the date of receipt by the National Bank of a complete package of documents submitted to agree on the conditions and procedure for the operation of an international payment system in Ukraine, the payment organization of which is a non-resident, to consider these documents.

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      REGULATIONS REGULATING ACTIVITIES

      Legal Framework

      01.  Law of Ukraine: On financial services and state regulation of financial services markets

      02.  Regulations: On the State Register of Financial Institutions

      03.  Law of Ukraine On payment systems and transfer of funds in Ukraine

      04.  Regulations on the procedure for issuing a license to transfer funds in national currency without opening accounts

      05.  Regulation on the procedure for registration of payment systems, participants of payment systems and operators of payment infrastructure services

      06.  Regulations on supervision (oversight) of payment systems and settlement systems in Ukraine

      PROCEDURE FOR OPENING A PAYMENT SYSTEM

      Stages of creating a payment system registration (resident payment organization)

      01.  Financial company

      Opening a company, bringing it to the standards of a financial organization, entering it into the register of financial companies

      02.  Funds transfer license

      Development of rules for the transfer of funds, preparation of a package of documents, obtaining a license for the transfer of funds

      03.  Rule harmonization

      Development of payment system rules, harmonization of rules, submission of documents to the National Bank of Ukraine

      04.  System registration

      Registration of the payment system in the Register of the National Bank of Ukraine, obtaining a certificate of registration

      WHAT CONDITIONS MUST BE FULFILLED

      Requirements for setting up a Financial Company

      регистрация финансовой компании

      ORGANIZATIONAL AND LEGAL FINANCIAL COMPANY

      Financial companies can be created in any organizational and legal form, if the laws on the regulation of certain types of financial services do not contain special rules and restrictions.

      Special rules are created for: Pawnshops – in the form of a complete society; Credit unions – a legal entity whose members are at least 50 individuals; Insurance companies – in the form of a joint stock company or an additional liability company; Banks – in the form of a joint stock company and others …

      Statutory documents must comply with the requirements of financial companies.

      SIZE OF AUTHORIZED CAPITAL OF THE FINANCIAL COMPANY

      For most financial companies, there is a regulatory minimum size of the authorized capital, which must be formed exclusively in cash.

      For pawnshops – at least UAH 500 thousand or at least 1 million – if branches are opened.

      For a financial company – at least UAH 3 million.

      For a financial company combining several types of activities – at least UAH 5 million.

      For the provision of certain types of financial services, separate requirements may be set.

      The financial company must have a transparent ownership structure in which the ultimate beneficiaries and owners can be identified. The ultimate beneficiaries, owners must have confirmation of the origin of the funds.

      FINANCIAL COMPANY ROOM

      The main requirement for the premises of financial companies is the presence of their own or rented premises, in a non-residential fund at the location of a financial institution specified in the Unified State Register of Legal Entities.

      The premises must be equipped with appropriate computer equipment, which makes it possible to ensure compliance with the requirements for the submission of information to the National Bank of Ukraine / National Commission on Securities and Stock Market, established by the legislation governing the provision of financial services, and communications (telephone, Internet, electronic mail).

      For certain types of financial services, their requirements for premises may be set.

      For pawnshops, there is a place in the room for storing pledged property. A special place of storage of pledged property is a separate room or a separate territory, a place with limited access, which must meet the requirements established by law, be located at the location of the pawnshop or its separate subdivision or at another address and be equipped with the necessary means that must ensure the safety of the pledged items and the maintenance of the pledged items in good condition.

      A credit institution must have a separate private or rented non-residential premises with limited access and a safe for storing money (funds) and documents, which makes it impossible to damage them.

      Insurance companies must own or use premises, namely the non-residential part of the internal volume of the building, limited by building elements, with the ability to enter and exit, which is used exclusively by this applicant in the implementation of insurance activities, at the location.

      Credit unions are required to have a separate room with limited access and a safe for storing money (funds) and documents, which makes it impossible to damage them.

      PERSONNEL OF THE FINANCIAL COMPANY

      There are the following professional requirements for financial companies:

      1. Requirements for the manager and chief accountant
      2. Professional requirements for specialists (for the securities market)
      3. Requirements for the person responsible for financial monitoring

      The head of a financial company that provides the following financial services: lending, leasing, factoring, insurance, currency exchange, money transfer, construction financing, guarantees and sureties, are subject to the following requirements:

      1. have a higher education master’s degree or equivalent;
      2. undergo advanced training and pass an examination for the compliance of knowledge with professional requirements according to the standard training program for managers;
      3. have at least five years of general work experience, of which at least two years of work as a manager, in particular, at least one year as a manager in the financial services markets (for the chairman of the board of a credit union and a pawnshop manager – at least one year of work as a manager)
      4. have an impeccable business reputation.

      The chief accountant of a financial company that provides the following financial services: lending, leasing, factoring, insurance, currency exchange, money transfer, construction financing, guarantees and sureties, are subject to the following requirements:

      1. have a higher education at least a bachelor’s degree;
      2. undergo advanced training and pass an examination for the compliance of knowledge with professional requirements according to a standard training program for chief accountants;
      3. have at least three years of work experience as a manager in the field of financial and / or accounting activities or work experience in the financial services markets in positions related to financial or accounting activities;
      4. have an impeccable business reputation.

      Banks, participants in the securities market are set their own requirements.

      Financial companies are subjects of primary financial monitoring, for this purpose the following requirements are set for the position of the person responsible for financial monitoring: have an impeccable business reputation, have a higher education, at least a year’s work experience in the field of preventing and combating the legalization (laundering) of proceeds from crime, take refresher courses and pass an exam according to the standard refresher training program for the subjects of primary monitoring.

      For financial companies, participants in the stock and securities market, additional professional requirements may be set. So for an asset management company, in order to obtain a license for asset management, it is necessary to have at least 3 certified asset management specialists.

      REGULATORY FOR REGISTRATION OF A FINANCIAL COMPANY

      Financial companies providing the following financial services: lending, leasing, factoring, insurance, currency exchange, money transfer, construction financing, guarantees and sureties, impose the following requirements:

      1. The constituent documents must contain an exhaustive list of types of financial services that the financial company will provide as an exclusive type of its activity, including taking into account the restrictions on the combination of certain types of financial services. The constituent documents of a financial institution – must meet the requirements of a special regulatory legal act, according to which such a legal entity was created.
      2. A financial company has an internal document governing the procedure for the provision of financial services and model contracts with consumers of financial services must comply with the requirements of the law.
      3. Availability of an accounting system that meets legal requirements.
      4. Availability of accounting and recording systems (software and special technical equipment), which must comply with the requirements established by law, and provide for the maintenance of accounting transactions for the provision of financial services to consumers and reporting.
      5. Formation of the financial company of the authorized capital in cash, as well as the compliance of its size with the requirements of the legislation.
      6. Compliance of the manager and chief accountant with the Professional requirements for managers and chief accountants of financial institutions.
      7. The presence of the conditions necessary for the provision of financial services to consumers, namely: own or rented premises at the location of the applicant, indicated in the Unified State Register; appropriate computer technology, which makes it possible to ensure compliance with the requirements for the presentation of information established by the legislation governing the provision of financial services, and communication facilities (telephone, Internet, e-mail).

      WHAT IS NECESSARY TO START REGISTRATION OF A FINANCIAL COMPANY

      To get started, you must provide:

      1. Information about the Founders and ultimate beneficiaries.
      2. Data about the Premises (physical address where the company will be located).
      3. Information about the Manager, Chief Accountant, Responsible for financial monitoring (may be the person of the Director / Chief Accountant): passport, code, diploma, work book.
      4. The planned name of the Company.

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          WHY CHOOSE US?

          About us

          We know that the result is important to you, not the process. More than 10 years of work in the market, more than 1000 successfully implemented projects, we know how to get the desired result on time

          Experience

          More than 10 years of experience, more than 1000 successful projects throughout Ukraine

          Professionalism

          We employ practicing specialists with at least 5 years of work experience

          Guarantee

          We guarantee in the contract the implementation of a project

          10

          Years of experience

          100

          Open companies

          300

          Received licenses

          1000

          Successful projects

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