I. – The Autorité de contrôle prudentiel et de résolution may issue a simplified electronic money institution authorisation where the commercial activities as a whole generate an average of electronic money in circulation of less than an amount set by decree.
Before issuing and managing electronic money, the electronic money institutions referred to in the first paragraph 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. 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.
In order to grant authorisation to an electronic money institution referred to in the first paragraph, the Autorité de contrôle prudentiel et de résolution shall verify that the electronic money institution has systems in place for the issuance and management of electronic money to ensure the security of the services provided and the protection of sensitive payment data.
These arrangements and procedures shall be appropriate to the characteristics and volume of electronic money issued and in circulation, and to the electronic money institution’s management and distribution arrangements.
The Autorité de contrôle prudentiel et de résolution shall also verify that the persons declared as being responsible for the effective management of the electronic money institution are of good repute and have the necessary competence and experience.
The Autorité de contrôle prudentiel et de résolution shall also assess the good repute of the shareholders or members who hold a qualifying holding.
The Autorité de contrôle prudentiel et de résolution has a period of time set by decree in the Conseil d’Etat following receipt of the application to notify the applicant, after receiving the opinion of the Banque de France pursuant to the fourth paragraph of I of Article L. 141-4, that the requirements mentioned in this I have not been met. Failing this, the electronic money institution mentioned in the first paragraph is deemed to be duly authorised.
II. – The institutions mentioned in I are exempt from compliance with the provisions of section 3 of this chapter, with the exception of articles L. 526-32 to L. 526-34.
Articles L. 526-21 to L. 526-24 do not apply to the establishments referred to in I of this article.
Simplified authorisation ceases one month after the Autorité de contrôle prudentiel et de résolution notes that the conditions set out in this article are no longer met.
The units of electronic money incorporated in an electronic money instrument issued by an institution referred to in I may not exceed an amount set by decree.
The institutions mentioned in I are required to send the Autorité de contrôle prudentiel et de résolution a periodic declaration certifying that they comply with these conditions. They must also send an annual audit report on the operation of the account mentioned in 1° of article L. 526-32 or, where applicable, on the adequacy of the insurance contract or comparable guarantee mentioned in 2° of this article with the volume of funds collected by the institution.
A decree shall specify the conditions for application of this article, in particular the minimum capital required of the institutions mentioned in I.