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AI Summary of Article 19 Use of agents, branches or entities to which activities are outsourced

A payment institution intending to use an agent must notify its home Member State authority of the agent’s name and address; the agent’s internal control mechanisms for compliance with money‑laundering and terrorist‑financing obligations under Directive (EU) 2015/849, updated promptly for material changes; identities of directors and managers and, for non‑payment‑service‑provider agents, evidence of fitness and propriety; the payment services covered; and, if applicable, the agent’s unique identifier.

The authority shall, within two months, confirm entry in the Article 14 register, enabling the agent to commence; authorities may verify information and must refuse listing and notify the institution if not satisfied. Cross‑border provision via an agent or branch must follow Article 28. Institutions must inform the authority when outsourcing operational functions; outsourcing important functions, including ICT, must not materially impair internal control or supervisory monitoring. Senior management retains responsibility and user obligations and authorisation conditions must not be altered. Agents and branches must inform users they act for the institution and institutions must notify changes to outsourced entities or agents without undue delay.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 16 January 2023 - onwards
Version 3 of 3

Article 19 Use of agents, branches or entities to which activities are outsourced

1. Where a payment institution intends to provide payment services through an agent it shall communicate the following information to the competent authorities in its home Member State:

(a) the name and address of the agent;

(b) a description of the internal control mechanisms that will be used by the agent in order to comply with the obligations in relation to money laundering and terrorist financing under Directive (EU) 2015/849, to be updated without delay in the event of material changes to the particulars communicated at the initial notification;

(c) the identity of directors and persons responsible for the management of the agent to be used in the provision of payment services and, for agents other than payment service providers, evidence that they are fit and proper persons;

(d) the payment services of the payment institution for which the agent is mandated; and

(e) where applicable, the unique identification code or number of the agent.