OPS Circular
OPS Circular
                                                                            ctRcuLAR NO.1049
                                                                               Series of 2019
        The Monetary Board, in its Resolution No. 1350 dated 5 September 2019, approved
the rules and regulations on the registration of operators of payment systems to implement
Republic Act (R.A.) No. 11127 or the National Payment Systems Act. These rules and
regulations shall form part of the newly-created Manual of Regulations for Payment Systems
(MORPS).
     Policy Statement. The Bangko Sentral recognizes the crucial role of payment systems in
maintaining a stable financial system and facilitating the realization of monetary policy
objectives. lt is thus important for the operation of payment systems to be safe, efficient and
reliable.
    Definition of Terms. For purposes of these implementing rules and regulations, the
definition of terms under Section 4 of R.A. No. 11127 shall apply.
    Coveroge. All OPS as defined under R.A. No. LLL27 and clarified in this Section shall
register with the Bangko Sentral. For this purpose, an OPS shall be a person that performs any
of the following functions:
   The examples of activities performed by an OPS under the functions set forth above are
found in Appendix            1.
      Requirements for Registrotion. The following rules shall apply to the registration of an
OPS pursuant   to Section 10 of R.A. No. LLL27.
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    OPS that have yet to commence operations. The following requirements shall apply to an
OPS that have yet to commence operations at the date of the effectivity of this Circular:
   a.   Applicotion for Registrotion. An OPS shall submit the following documents and
        information to the appropriate department of the Bangko Sentral:
        (1) Duly accomplished Application for Registration (Form 1) signed by the president,
           chief executive officer, or a senior officer holding an equivalent position;
        (2) Business Plan, which includes the description of its existing business, business
            model and target markets; and
        (3) Copy of the business registration/permit indicating the line of business of the
            OPS, from the city or municipality that has territorial jurisdiction over the
            principal place of business of the OPS for the current period.
   The Bangko Sentral may, in the course of the evaluation of the application for registration,
require submission of documents and information in addition to those listed above.
   c.   Dote of Registrotion. All OPS that have not commenced operations shall register with
        the Bangko Sentral within one (1) month from the start of their operations except in
        the following instances where registration is required prior to commencement of
        operation:
        (1) A regulator or government agency requires appropriate action from the Bangko
            Sentral prior to the start of the OPS business;
        (2) The OPS offers remittance services as well as other similar activities performed
           by money servlce businesses; and
        (3) Such other circumstances, as may be determined by the Monetary Board.
   OPS   that dre currently operoting. The following requirements shall apply to an OPS that
is already operating at the date of the effectivity of this Circular:
   a.   Application for Registration. An OPS that has already commenced operations at the
        date of the effectivity of this Circular shall submit the following documents and
        information to the appropriate department of the Bangko Sentral:
        (1) Duly accomplished Application for Registration (Form 1) signed by the president,
            chief executive officer, or a senior officer holding an equivalent position;
        (2) Business Plan, which includes a description of existing business, business model,
            and target markets; and
        (3) Copy of the business registration/permit indicating the line of business of the
            OPS, from the city or municipality that has territorial jurisdiction over the place
            of establishment and operation of the OPS for the current period.
                                                                                          Page 2 of 5
   The Bangko Sentral may, in the course of the evaluation of the application for registration,
request submission of documents and information in addition to those listed above.
   b.   Feesfor Registration. Upon the issuance of the COR, an OPS shall pay a registration
        fee of P 20,000.00. A fee of P 1,000.00 shall be assessed and collected for the
        replacement of a COR for whatever reason.
   c.   Date of Registration. An OPS that is currently operating at the time of the effectivity
        of R.A. No. 11127 shall register with the Bangko Sentral by complying with the
        registration requirements prescribed under this Section not later than three (3)
        months from effectivity of this Circular.
    Bonks ond EMls. The following requirements shall apply      to banks and electronic money
issuers (EMls) that are currently operating, or will later operate, as an OPS as defined under
R.A. No. LLL27 and clarified in this Section:
   b.  Date of Submission A bank or an EMI shall submit the notification with the
   supporting documents prescribed under this Section not later than three (3) months from
   effectivity of this Circular, or within one (1) month from the start of their operations as
   OPS, as     appropriate.
     lssuance of Bangko Sentrol Certificate of Registration (COR). Upon receipt of the duly
accomplished Application for Registration (Form 1) and the required documents, or
Notification, as the case may be, from the OPS, the Bangko Sentral shall issue a provisional
COR (PCOR). lt shall be valid for the period stated therein unless indicated otherwise in the
List of PCORs published on the Bangko Sentral website. Thereafter, the Bangko Sentral shall
issue a COR to the OPS, if warranted, and provided that the submitted documents satisfy the
regulatory requirements.
                                                                                          Page 3 of 5
       or control of OPS of a designated payment system shall also be subject to the approval
       requirements as may be required by RA No. 11127 and its implementing rules and
       regulations.
       Suspension or revocation of permits, licenses or other authorities issued to the OPS
       by other government agencies. The notice shall include the ground/s for the
       suspension or revocation, and the action taken or to be taken by the OPS relative to
       the suspension or revocation. Thereafter, the OPS shall provide bi-weekly updates on
       the status of the suspension or revocation of its permits, licenses, or other authorities
       issued by other government agencies.
    d. Change in key officers or representatives authorized to officially communicate to the
       Bangko Sentral.
    e. Change of registered/business name.
    In case of change in the registered/business name, the Bangko Sentral shall issue a new
COR indicating the new registered/business name of the OPS upon its payment of a
replacement fee of P 1.,000.00, submission of the amended Articles of Incorporation (AOl) or
equivalent document reflecting the new registered/business name and return of the COR
issued by the Bangko Sentral to the OPS.
     Enforcement Actions. The Bangko Sentral may deploy enforcement actions to ensure
compliance with the provisions of this Section and bring about timely corrective actions. Any
viof ation of this Section shall subject the OPS and/or its directors, officers, and/or employees
to the sanctions set forth in Section 37 of R.A. No. 7653, as amended, and Section 19 of R.A.
No. 11127, as appropriate.
        Section 2. Effectivity. This Circular shalltake effect fifteen (15) calendar days following
its publication either in the Official Gazette or in a newspaper of general circulation.
                                                 lnou* Ada
                                                  FRANCISCO G. DAKILA, JR.
                                                        Officer-in-Charge
? s"pt"rber 2019
                                                                                           Page 4 of 5
          Examples of Activities Performed by an Operator of a Payment System
Maintains the platform that enables payments or fund transfers, regardless of whether the
source and destination accounts are maintained with the same or different institutions
Operates the system or network that enables payments or fund transfers          to be made
through the use of a payment instrument
Provides a system that processes payments on behalf of any person or the government
                                                                                     Page 5 of 5
                                                                                                                                                                                              OPS Form   1
                                                                                                                                                                                              Pegli of2
                                        APPUCATION FOR REGISTRATION AS OPERATOR OF A PAYMENT SYSTEM (OpSl
                                                              (To be completely fllled up. Indicate             'N/A' if an it€m          ls not applicable.)
      14.3   tirt   of lGy    Otfielr   (Presdeng Finance Officer, Treasurer ond their equiwlent)
                    Iloma                  Athsrrtrp                 |ddrrs'                      fgftIo',                                               ft[                      EmonAddr6
15.1   Pim.ry Produd/Servk                                             15.2 ReEnue Gcncr.dnS Acdvitie3                                         153    T.[ct    Markct
                                                                       (dropdown menu to be rdected by appllcent)
                                                                              a.      Trenractiorlr$eilfee
                                                                              b.      Subccrlpdon-besedfee
                                                                              c.      Ucensefees
                                                                              d.      Others (pterse cre.E a ftGld thatcan b€
                                                                                      fflled bv tart)
16. NETWOR( AND OPERANOilS
16.1 llumbcrof branchcs or:eruldn; unlts (ovcr-                        16.2 Numbar ot prydent terrnln.ls (sclf-servlcc                -        16.3 llumber of partlclpants/      ute6
dr.-countcr/trllcr rslstcdl                                            ATM. P.YmGnt l0osl(sl
Kindly place a check mark ( v ) beside the actMty/ieE pertormed by your company.
    A.    Maintsint the platform tha? cnables p?ynentr or fund tronstcrs, rcgodless of whether the sourxa ond dcstlnatlon gr;counb ar?
          molntoined with ?he sme or difierent institutbm
          tr     Owns or operotes o computer opplicatlon system thot enobles poyments orlund tonsfers
          tr     Sets rules by whlch payments moy be mode or funds moy be tronsferred
          tr     Nlows customerstofund their amounts hy submitting tothe operatorcosh orlts equtwlent ln exclnngeforthewlueto be stored
                in their occount
          tr    Hlows occounts of system users to be llnked to thelr sccounts with other finonctol lnstltutlons (Fts) (e.g. deposft occount, e-money
                 occctunt, credlt cord occount)
    8.    Operat s ttc system or neharoln. tlrrlt .acbtcs poymllntr or furd f unsftrc b be mode through the use ol o poyrcnt iwtrument
          tr     Provldes o system or network infmstructure thot enobles poymenB ond finonctol sedces ol Fls
          tr     Sets rules, functions, procedures, onongemenE or devices thot enoble on occount hotder or hotder of the            pyment    instrument     b
                 tronssd wlth a third porty
          tr     Tronsfers payment lnformotlon (e.g. cord tronsoction detoils) to and from parttclpottng lnsttttttlons
          tr     Provides network porttclponB wlth o llstlng of the amounts due to/from other portktponr
          tr     Olfen seMce/s to more thon one (7) Fl ond enobles them o perlorm poyment or fund tmnslerc omong eqch other
          tr     Enobles the occeptonce ol specific poyment instrumenVs by tnsdtutions such os gotrernment, ammerciol establishmeng snd
                 other merchonUblllers
     C.   Provides o systcm   tlnt proccsse poyncnB    on bchall ol any pcrson    ot thc govemment
          tr      Recelves po@ent   for or on beholl ol the   sellers of goods, provlden   of   serulces, or   aeditorclbtllers ln qccordonce wfth o written
                 ogreement
          tr     Sefs rules, proides orrongements or locllltles to colled funds lrom the public and transmiE the same to sellerc of gods, provlderc
                 of servlces, or crediton/billen ln occordance with o wrt't;ten ogreen ent
          tr     Allows poymmB to be mode to more thon one cornmerclol estobllshment or qeditor/biller
l, [insert namel, [insert deslgnationJ of [insert company name], hereby certify to the following:
          1.   I am authorized to siSn thls Application for Registratlon as oPs for and on behalf of [insert company name].
          2.   The completion of the Application for Registntlon as OPS was made after conduct of self-assessment whereby it was
               determlned that [insert company name] is an OPS pursuant to R.A. No. 11127 (The National Payment Systems Act)
               and BSP Orcular No-         As OPS, [insert cornpany name] performs: ftnsert actlvlties performed as an OpS].
          3.   (insert company namel ls licensed to do buslness In the Philippines and has obtained the necessary authoritles and
                                     -.
               permits from the relevant government agencles or units to perform the abovernentloned activities.
          4,    By Indlcating in this registration form the personal lnformation of the Board of Dlrectors, tist of partnem, ownert
               shareholders, and key officers, said persons are aware of their rights under R,A. No. 10173 (Data Privacy Act of 2012)
               and they authorize the BSP to collect, process and store thelr personal informatlon and share with and make available
               this Application for Reglstration to interested parties for lawful purposes and legitlmate lnterests and to comply with
               legalmandate.
          5.   The lnformation provided hereln are true, accurate and complete.
                                                                                                        Name
                                                                                           Deslgnation of Authorized Offlcer