On January 27, 2021, Taiwan’s Office of President promulgated the partial amendment to The Act Governing Electronic Payment Institutions (電子支付機構管理條例). The purpose of the Partial Amendment is to promote the sound operations and development of electronic payment institutions, to ensure safe and convenient funds transfer services, and to protect consumer rights and interests. A part or all parts of the provisions of the Act have not taken effect. All 60 articles after the amendment promulgated shall be effective on July 1, 2021. The details are as follows.
1.Article 7
In response to the financial market and the development of financial technology, the additional business and the related derivative business of the cash flow that shall require approvals of the competent authority have been added, e.g.:
(1)Engage in buying and selling foreign currencies and currencies issued by Mainland China, Hong Kong, or Macao (hereinafter referred to as foreign currencies) related to the businesses which are collecting and making payments for real transactions as an agent, receiving stored funds, and engaging in domestic and foreign small-amount remittances business.
(2)Provide contracted institutions with integrated service of payment related information communication.
(3)Provide electronic invoice systems and related value-added services.
(4)Provide related services such as the custody of payments for product (service) gift certificates and assistance for issuance, sales, and underwriting.
(5)Provide storage segmentations or applications in a stored value card to the others for use.
Where the items of business operated by electronic payment institutions are required the approval from other government authorities in charge of certain industry, they must obtain the said approval before applying for the approval of the competent authority.
2.Article 16
The balance of stored value funds deposited by each user and the amount of the domestic and foreign small-amount remittance processed by each user with a specialized electronic payment institution shall be prescribed by the competent authority in consultation with the Central Bank.
3.Article 18
Except for court order or other regulations, a specialized electronic payment institution shall carry out transfer of funds according to the payment instructions agreed by users in advance or instantly without any delay, and nor accept a request from a third party for the suspension of payment or remittance, or other similar requests.
4.Article 19
When a user intends to withdraw from his/her payment account or a specialized electronic payment institution remits funds to a contracted institution, the specialized electronic payment institution shall not allow cash payments, but shall transfer the funds into a same-currency deposit account of the user or contracted institution in a financial institution. However, where the competent authority has other regulations, such regulations shall apply.
When a user intends to store value in a foreign currency, the specialized electronic payment institution shall transfer the stored value funds from the deposit account of the user's deposit account in a financial institution or the electronic payment account of the same electronic payment institutions, or transfer the funds through a rule approved by the competent authority in consultation with the Central Bank.
5.Article 36
Rules governing the business management and operating mode of specialized electronic payment institutions, user and contracted institution management, ways for users to give payment instructions, procedures for processing suspected illegal or obviously irregular transactions of electronic payment accounts or stored value cards, applications for permission to set up offshore branch institutions and their management, conditions for public issuance of securities, business outlets, outsourcing operation, restrictions on investment, approval of significant financial businesses and operations, reporting, and other matters to comply with shall be prescribed by the competent authority in consultation with the Central Bank.
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