Our
experience

Preparation of an opinion on the business model of enabling ATM payments

In its practice, the Firm frequently provides clarifications and opinions on the requirement to obtain a payment services authorisation for clients’ planned business ventures.

The Payment Services Act introduces a broad catalogue of payment services requiring a service authorisation. These include, among other things, accepting cash deposits and making cash withdrawals from a payment account, as well as all activities necessary to operate the account.

At the same time, the legislator has provided for numerous exemptions from the payment service authorisation requirement. The condition for benefiting from them is the provision of a service exactly corresponding to the nature of the exemption.

The exemption can benefit from, for example:

• payment services based on instruments that can only be used in a limited manner;
• transactions carried out by a telecommunications operator;
• technical services supporting the provision of payment services.

We have prepared an opinion for an international payment service provider analysing the legal requirements for entering the Polish market with a product consisting in the provision of ATM withdrawal services.

We analysed the company’s planned business model and provided recommendations, allowing it to make business decisions regarding a compliant entry into the Polish market.

We also assessed the application of an exemption from the payment service authorisation requirement for ATM cash withdrawal services. This exemption applies to an entrepreneur providing only such a service and not being a party to the contract with the user.