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AI Summary of Article 11 Granting of authorisation

Member States must require undertakings not otherwise exempt and not natural or legal persons benefiting from Articles 32 or 33 to obtain authorisation as a payment institution before providing payment services; authorisation is only granted to legal persons established in a Member State. Competent authorities shall grant authorisation where the application meets Article 5 requirements and the authority's overall assessment is favourable; they may consult the national central bank or other relevant public authorities. Where national law requires a registered office, the payment institution must have its head office in the same Member State and carry out at least part of its payment services business there.

Authorisation is conditional on robust governance arrangements proportionate to the nature, scale and complexity of the services, including a clear organisational structure, risk management, monitoring and internal controls. Competent authorities may require separation of payment services into a distinct entity where other activities impair financial soundness or supervisory monitoring. Authorisation shall be refused if shareholders with qualifying holdings are unsuitable, and granted only where close links (per Regulation (EU) No 575/2013) or third‑country laws do not prevent effective supervision. An authorisation is valid in all Member States and permits provision of the authorised payment services across the Union under the freedom to provide services or freedom of establishment.

Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 12 January 2016 - onwards
Version 2 of 2

Article 11 Granting of authorisation

1. Member States shall require undertakings other than those referred to in points (a), (b), (c), (e) and (f) of Article 1(1) and other than natural or legal persons benefiting from an exemption pursuant to Article 32 or 33, who intend to provide payment services, to obtain authorisation as a payment institution before commencing the provision of payment services. An authorisation shall only be granted to a legal person established in a Member State.

2. Competent authorities shall grant an authorisation if the information and evidence accompanying the application complies with all of the requirements laid down in Article 5 and if the competent authorities' overall assessment, having scrutinised the application, is favourable. Before granting an authorisation, the competent authorities may, where relevant, consult the national central bank or other relevant public authorities.

3. A payment institution which, under the national law of its home Member State is required to have a registered office, shall have its head office in the same Member State as its registered office and shall carry out at least part of its payment service business there.