Frequently asked questions about the informative declaration of cross-border payments (02/06/2024)
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Payment service providers are the entities and organizations contemplated in sections 1 and 2 of article 5 of Royal Decree-Law 19/2018, of November 23, on payment services and other urgent measures in financial matters, and natural persons. or legal entities that take advantage of the exemptions provided for in articles 14 and 15 of said Royal Decree-Law.
In accordance with sections 1 and 2 of article 5 of the aforementioned Royal Decree-Law, the following are payment service providers:
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The credit institutions referred to in article 1 of Law 10/2014, of June 26, on the organization, supervision and solvency of credit institutions, including branches in Spain of foreign credit institutions.
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The electronic money entities referred to in article 2.1 b) of Law 21/2011, of July 26, on electronic money, including branches in Spain of foreign electronic money entities.
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Payment entities.
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The State Postal and Telegraph Company, SA, with respect to the payment services for which it is empowered by virtue of its specific regulations.
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The following entities when they do not act in their capacity as public authorities:
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The European Central Bank, the Bank of Spain and the other national central banks.
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The General Administration of the State, the Autonomous Communities and the Local Entities.
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Payment services are the activities listed in letters c) to f) of article 1.2 of Royal Decree-Law 19/2018, of November 23, on payment services and other urgent measures in financial matters:
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The execution of payment operations, including the transfer of funds, through a payment account at the user's payment service provider or another payment service provider:
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Execution of direct debits, including non-recurring direct debits.
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Execution of payment operations using payment card or similar device.
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Execution of transfers, including standing orders.
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The execution of payment operations when the funds are covered by a line of credit opened for a user of payment services:
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Execution of direct debits, including non-recurring direct debits,
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Execution of payment operations using payment card or similar device,
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Execution of transfers, including standing orders.
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The issuance of payment instruments or acquisition of payment operations.
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Sending money.
Subject to the exclusions contemplated in article 4 of Royal Decree-Law 19/2018, a payment is a "payment transaction" as defined in article 3, point 26, of said Royal Decree-Law, or a "service of sending money" as defined in article 3, point 36, of the aforementioned Royal Decree-Law.
It is the natural or legal person who owns a payment account who authorizes a payment order from said account or, in the event that a payment account does not exist, the natural or legal person who issues a payment order.
It is the natural or legal person who is the intended recipient of the funds that have been the subject of a payment transaction.
The home Member State of a payment service provider shall be one of the following:
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The Member State of the European Union in which the payment service provider has its registered office.
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If the payment service provider does not have its registered office under national law, the Member State of the European Union in which its central administration is established.
The host Member State of a payment service provider is the Member State of the European Union other than the home Member State in which the payment service provider has an agent or a branch or provides payment services.
It is an account in the name of one or more payment service users used for the execution of payment operations.
It is the identifier number of an international payment account that unequivocally identifies an individual payment account in a Member State and whose elements are specified by the International Organization for Standardization (ISO).
It is the entity identifier code that unequivocally identifies a payment service provider, and whose elements are specified by the International Organization for Standardization (ISO).