Law Summary
Definitions and Classification
- E-money: monetary value representing a claim on issuer, electronically stored, issued against equivalent funds, accepted by others, withdrawable in cash, issued per this Circular.
- EMIs classified as:
- EMI-Bank: Banks
- EMI-NBFI: BSP-supervised Non-bank Financial Institutions
- EMI-Others: BSP-registered non-bank money transfer agents.
- Electronic instruments include cash cards, e-wallets, mobile access devices, stored value cards.
- Bank-issued e-money is not a deposit.
Prior BSP Approval
- Banks must apply under relevant MORB provisions for EMI status.
- NBFIs must comply with MORB and MORNBFI provisions.
- Non-bank institutions must register as money transfer agents with BSP and meet additional criteria.
General Provisions for all EMIs
- Aggregate monthly load limit: P100,000 unless BSP approves higher.
- Consolidation of all instruments loaded per holder for limit compliance.
- Maintain accurate records linking instruments to holders; subject to BSP sanctions for misreporting.
- E-money redeemable at face value only; no interest, rewards or discounting; not insured by PDIC.
- Clear issuer identification on instruments and client acknowledgement.
- Compliance with Anti-Money Laundering laws to be ensured among agents.
- Establish customer complaint redress mechanisms.
- Written disclosure of redemption rights, conditions, fees, and complaint procedures in English and Filipino.
- Minimum systems and controls before issuance include sound management, tested computer systems, robust security, business continuity plans, effective audit.
- Quarterly reporting to BSP on investments, transactions, balances, and liquidity.
- BSP notification 30 days prior to any changes or enhancements; prior approval required if changes affect scope or nature.
Additional Requirements for EMI-Others
- Must be stock corporation with at least P100 million paid-up capital.
- May only engage in e-money and related activities; non-related businesses require separate incorporation.
- No credit extension unless complying with Section 6.
- Maintain liquid assets equal to outstanding e-money, in unencumbered forms (bank deposits, government securities, BSP-approved assets).
- BSP access to review systems, databases, and related agents/provider entities.
- Submit audited financial statements within 30 days after audit report.
License for Lending Activities
- EMI-NBFIs and EMI-Others engaging in lending must secure quasi-banking license from BSP.
Sanctions
- Monetary penalties and sanctions for:
- Issuance without BSP approval (penalties under R.A. 7653, watchlisting).
- Violations of Anti-Money Laundering Law and regulations.
- Violations of this Circular.
- Misreporting of transactions or balances grounds for BSP sanctions.
Amendments to MORNBFI
- Incorporation of MORB electronic banking provisions into MORNBFI as Sections 4621 Q/S/P/N.
Transitional Provisions
- Existing EMIs with prior authority may continue, subject to compliance certification or compliance plan submission within one month.
Effectivity
- Takes effect 15 days after publication in Official Gazette or newspaper of general circulation.