I. – Before providing payment services, payment institutions must obtain authorisation which is issued by the Autorité de contrôle prudentiel et de résolution, after obtaining the opinion of the Banque de France pursuant to the fourth paragraph of I of article L. 141-4 or article L. 521-8. To obtain this authorisation, an application must be submitted to the Autorité de contrôle prudentiel et de résolution, together with the information defined by order. Approval may only be granted to a legal entity.
II. – In order to grant authorisation to a payment institution, the Autorité de contrôle prudentiel et de résolution shall verify that, taking into account the need to ensure the sound and prudent management of the payment institution, it has adequate governance and internal control procedures for its payment services business, as well as systems to ensure the security of the payment services provided and the protection of sensitive payment data.
These arrangements and procedures shall be proportionate to the nature and complexity of the payment services provided by the payment institution.
III. – The Autorité de contrôle prudentiel et de résolution shall also verify whether :
a) The persons declared to be in charge of the effective management of the payment institution are of good repute and have the skills and experience required for their position and required for payment services activities;
b) The exercise of supervision by the applicant undertaking is not likely to be hindered either by the existence of direct or indirect capital or control links between the undertaking and other persons or by the existence of legislative or regulatory provisions of a State that is not a party to the Agreement on the European Economic Area and to which one or more persons are subject.
IV. – In order to ensure the sound and prudent management of the payment institution, the Autorité de contrôle prudentiel et de résolution also assesses the quality of the shareholders or members who hold a qualifying shareholding.