x
Overview
In order to provide payment services a payment institution is to be licensed by the Bank of Lithuania. A Lithuanian licensed payment institution may perform services such as money remittances, payment transactions, cash deposit and cash withdrawal services, and other closely related to those services. However, a payment institution may not accept deposits from unprofessional market participants and issue electronic money.
Timeframe: 6-9 months from the date when the application is lodged with the Bank of Lithuania
Minimum paid capital: EUR 125,000.00
Three major advantages for the payment processing companies to be licensed in Lithuania in order to provide financial services in Europe (EU/EEA area are):
- 1. Lithuanian regulatory approach is much more flexible and business-oriented comparing to other European jurisdictions. Lithuanian financial license is fully passportable
to all other EU member-states according to the EU directives. You will be allowed to provide your services in all EU (28 states) plus EEA countries having only one Lithuanian
license. - 2. Only Lithuanian licensed PI’s and EMI’s are allowed to join SEPA directly and can process EUR payments in SEPA (Single Euro Payments Area) directly through the
CENTROlink payment system managed by the Bank of Lithuania. Lithuanian law allows for non-banks (for example payment institutions) to generate individual IBAN format
accounts for their clients. This allows PI to be as a bank and do not require additional account with commercial bank. Euro payments can be processed instantly and at low
cost. You will not need to pay commissions to the intermediator commercial banks. This makes your PI equal to the banks in EUR payment processing. Currently Lithuanian
is the only EU jurisdiction where non-banks have direct access to SEPA. - 3. Licensed financial institution maintenance and operational costs are much lower than in other countries in Europe. There is no requirement to hire local personnel –
Lithuanian/EU residents. Lithuanian regulator allows non-EU residents to be the top managers of licensed finance institution keeping minimal local personnel in Lithuania.
List of payment services a Payment Institution may provide:
- ▪services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account;
- ▪services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account;
- ▪execution of payment transactions, including transfers of funds on a payment account with the payment service provider of the payment service user or with another payment service provider: execution of direct debits, including one-off direct debits, execution of payment transactions through a payment card or a similar device and/or execution of credit transfers, including standing orders;
- ▪execution of payment transactions where the funds are covered by a credit line for a payment service user: execution of direct debits, including one-off direct debits, execution of payment transactions through a payment card or a similar device and/or execution of credit transfers, including standing orders;
- ▪issuing and/or acquiring of payment instruments;
- ▪money transfers;
- ▪execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunications terminal equipment, digital or IT device and the payment is made to the telecommunications network or IT system operator, acting only as an intermediary between the supplier of the goods or services and the payment service user.
Comprehensive Guide to Company Incorporation
General information
Company structure
- ▪At least 1 Shareholder
- ▪At least 1 Head of the Administration / General manager
- ▪3 Board members
- ▪3 supervisory Board members
Insurance
- ▪The company need to present a professional indemnity insurance contract and other documents confirming other comparable liability guarantees and details and substantiation of calculation of the sum insured or of other comparable liability guarantee.
Audit requirements
- ▪An audit firm is to be appointed that meets requirements of the Law on Financial Institutions and of the Law on Audit of Financial Statements of the Republic of Lithuania.
Local presence – It is required to have at least 1 employee who will be a point of contact between you and the company. It is advised for the company to have a more sufficient local presence securing such positions as compliance officer, accounting, back/front office managers, Risk officer, internal auditor.
In order to obtain a license, the following steps will be carried out:
- ▪Application and reservation of company name
- ▪Incorporation (inclusive of incorporation documentation: application for incorporation and statutory documents in respect of appointment of directors, secretary)
- ▪Providing standard client constitution (M&A) for the company
- ▪Preparing the statutory file
- ▪Preparation and submission with the Bank of Lithuania for the application of License
In order to obtain license, Offshorelicense will fill all necessary application forms and also acquire apostilled corporate documents.
For that reason, please provide us with the following documents.
- ▪Notarized copy of valid passport
- ▪Notarized copy of 2nd ID
- ▪Notarized copy of proof of address (ex. utility bill)
- ▪Notarized Criminal Records
- ▪Certified Bank reference letter
- ▪2 Character Reference Letters issued by professionals
- ▪Detailed CV dated and signed by the applicant
- ▪Copies of Diplomas of Higher Education
All documents must be notarized/certified or provided original (if possible).
General requirements
The application must demonstrate to the Bank of Lithuania that:
- ▪The applicant enjoys a high reputation and standing in the financial community or will be able to do so in connection with the business it seeks authority to carry on
- ▪Every person who is or will be a principal shareholder, director or heads of a payment institution must be of good repute and possess the qualification and experience necessary to properly perform their duties
- The applicant will have in place appropriate systems and controls to manage the risks of its business
- ▪The applicant’s business plan must correspond to the possibilities of the payment institution’s founders to implement it and the payment institution itself must be prepared to provide financial services in a safe and sound manner
Documentation required:
- ▪Detailed Business Plan
- ▪Framework of activities, specifying the types of payment services to be provided
- ▪Evidence that the minimum size of the equity capital does not fall below the required amount
- ▪Various manuals (e.g. procedure manual, privacy policy, disaster recovery plan, complaints handing policy, AML policy, security policy and procedures)