Payment service providers

EBA Guidelines on outsourcing arrangements (EBA/GL/2019/02)

Scope of application:

  • credit institutions
  • management companies
  • the stock exchange
  • branches in Finland of foreign credit institutions authorised in non-EEA countries (branch offices of third-country credit institutions)
  • payment institutions

Related to these guidelines:

Outsourcing in supervised entities belonging to the financial sector, regulations and guidelines 1/2012

Guidelines on outsourcing arrangements | European Banking Authority (europa.eu)

Contact information

Pasi Korhonen, Chief Specialist
tel. +358 9 183 5514, e-mail: pasi.korhonen(at)finanssivalvonta.fi

EBA Guidelines on ICT and security risk management (EBA/GL/2019/04)

Scope of application:

  • credit institutions
  • payment institutions
  • investment firms
  • management companies
  • alternative investment fund managers
  • Finnish branches of foreign credit institutions
  • Finnish branches of foreign payment institutions
  • Finnish branches of foreign investment firms
  • Finnish Central Securities Depository (APK)

Related to these guidelines:

Management of operational risk in supervised entities of the financial sector, regulations and guidelines 8/2014

Guidelines on ICT and security risk management | European Banking Authority (europa.eu)

Contact information

Pasi Korhonen,  Chief Specialist
tel. +358 9 183 5514, e-mail: pasi.korhonen(at)finanssivalvonta.fi

EBA guidelines on the limited network exclusion under PSD2 (EBA/GL/2022/02)

Scope of application:

services based on specific payment instruments that can be used only in a limited way, where exclusion from the scope as referred to in

  • section 2, paragraph 3 of the Act on Payment Services (290/2010) ; or
  • section 2, subsection 4 of the Act on Payment Institutions (297/2010)

is applied.

Related to these guidelines:

Guidelines on the limited network exclusion under PSD2 | European Banking Authority (europa.eu)

Contact information:

Tytti Tanninen, Supervisor
tel. +358 9 183 5510, e-mail: tytti.tanninen(at)finanssivalvonta.fi

EBA guidelines on policies and controls for the effective management of money laundering and terrorist financing (ML/TF) risks when providing access to financial services (EBA/GL/2023/04)

Effective from 3.11.2023

Scope of application:

These Guidelines are applicable to the following obliged entities as referred to in chapter 1, section 2 of the Act on Preventing Money Laundering and Terrorist Financing (444/2017) (hereinafter the AML Act):

1) credit institutions and branches of third country credit institutions as referred to in the Credit Institutions Act (1055/2016)

2) financial institutions belonging to the same consolidation group with a credit institution as referred to in the Credit Institutions Act

3) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

5) fund management companies as referred to in the Act on Common Funds (213/2019) and depositories authorised under the said Act

6) investment firms and branches of third country firms as referred to in the Investment Services Act (747/2012)

7) branches of a foreign EEA investment firm as referred to in the Investment Services Act

8) a central securities depository as referred to in the Act on the Book-Entry System and Settlement Activities (348/2017), including a registration fund and settlement fund established by such

9) account operators as referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices which have been granted the rights of an account operator

10) payment institutions as referred to in the Payment Institutions Act (297/2010)

11) natural and legal persons as referred to in sections 7, 7 a and 7 b of the Act on Payment Institutions 

12) foreign payment institutions as referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010), when providing payment services in Finland through a branch or an agent

13) alternative investment fund managers with authorisation as an alternative investment fund manager under the Act on Alternative Investment Fund Managers (162/2014), and depositories authorised under said Act

14) branches of foreign alternative investment funds as referred to in the Act on Alternative Investment Fund Managers as well as alternative investment fund managers under the registration obligation referred to in said Act and Finnish branches of foreign depositories

15) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned

16) Finnish credit intermediaries as referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries.

The FIN-FSA’s further guidance:

For the purposes of paragraph 19 of these Guidelines, it shall be taken into account that, in accordance with chapter 3, section 3(3) of the AML Act, where the customer is a foreigner who does not have a Finnish personal identity code, the data of the customer's travel document shall be retained in addition to the information referred to in chapter 3, section 3(2) of the AML Act.

Related to these guidelines:

Publications

Contact information

Jonna Ekström, Chief Legal Counsel
tel. +358 9 183 5531 , e-mail: jonna.ekstrom(at)finanssivalvonta.fi or aml-authorities(at)fiva.fi

EBA guidelines on the use of Remote Customer Onboarding Solutions under Article 13(1) of Directive (EU) 2015/849 (EBA/GL/2022/15)

Scope of application:

1) credit institutions and branches of third country credit institutions as referred to in the Credit Institutions Act (610/2014)

2) financial institutions belonging to the same consolidation group with a credit institution as referred to in the Credit Institutions Act

3) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

5) fund management companies as referred to in the Act on Common Funds (213/2019) and depositories authorised under the said Act

6) investment firms and branches of third country firms as referred to in the Investment Services Act (747/2012)

7) branches of a foreign EEA investment firm as referred to in the Investment Services Act

8) a central securities depository as referred to in the Act on the Book-Entry System and Settlement Activities (348/2017), including a registration fund and settlement fund established by such

9) account operators as referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices which have been granted the rights of an account operator

10) payment institutions as referred to in the Payment Institutions Act (297/2010)

11) natural and legal persons as referred to in sections 7, 7 a and 7 b of the Act on Payment Institutions

12) foreign payment institutions as referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010), when providing payment services in Finland through a branch or an agent

13) alternative investment fund managers with authorisation as an alternative investment fund manager under the Act on Alternative Investment Fund Managers (162/2014), and depositories authorised under said Act

14) branches of foreign alternative investment funds as referred to in the Act on Alternative Investment Fund Managers as well as alternative investment fund managers under the registration obligation referred to in said Act and Finnish branches of foreign depositories

15) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned

16) Finnish credit intermediaries as referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries.

These regulations and guidelines are also applicable to the following obliged entities as referred to in chapter 1, section 2 of the AML Act:

1) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 1, 3, 4, 5, 6, 8,10 and 13 of paragraph 1 and foreign entities corresponding to such supervised entities, where the entity provides services in Finland through a representative without establishing a branch

2) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)3) employee pension insurance companies as referred to in the Act on Employee Pension Insurance Companies (354/1997)

4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

5) Finnish central counterparties as referred to in the Act on the Book-Entry System and Settlement Activities

6) entities as referred to in Article 27(2) of Regulation (EU) 2017/2402 of the European Parliament and of the Council laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012, which have been granted authorisation as referred to in Article 28 of said Regulation

7) holding companies that have been granted authorisation to pursue holding company activities as stipulated in chapter 2 a of the Credit Institutions Act

8) approved public arrangements as referred to in Article 2(1)(34), and approved reporting mechanism as referred to in Article 2(1)(36), of Regulation (EU) No 600/2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, to which the Financial Supervisory Authority has granted authorisation and for the supervision of which it is responsible under Article 27 b(1)(2) of said Regulation

9) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8

10) foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8, where the entity provides services in Finland through a representative without establishing a branch

11) local mutual insurance associations as referred to in the Local Mutual Insurance Associations Act (1250/1987)

12) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned, ancillary insurance intermediaries as well as Finnish branches of foreign insurance intermediaries and ancillary insurance intermediaries

13) virtual currency providers as referred to in the Act on Virtual Currency Providers (572/2019)

14) traders falling within the scope of application of the Act on the Registration of Certain Credit Providers and Credit Intermediaries (186/2023) (Issued on 6.7.2023, valid from 1.9.2023).

The FIN-FSA’s further guidance:

Traders falling within the scope of application of Act on the Registration of Certain Credit Providers and Credit Intermediaries became subject to supervision by the FIN-FSA on 1 July 2023.

Related to these guidelines:

Contact information

Jonna Ekström, Chief Legal Advisor,
tel. +358 9 1835531, e-mail: jonna.ekstrom(at)finanssivalvonta.fi  and aml-authorities(at)fiva.fi

EBA guidelines on policies and procedures in relation to compliance management and the role and responsibilities of the AML/CFT Compliance Officer under Article 8 and Chapter VI of Directive (EU) 2015/849 (EBA/GL/2022/05)

Scope of application:

1) Credit institutions and branches of third-country credit institutions as referred to in the Act on Credit institutions (610/2014)

2) financial institutions belonging to the same consolidation group with a credit institution referred to in the Act on Credit Institutions

3) insurance companies and special purpose vehicles referred to in the Insurance Companies Act (521/2008) where pursuing activities falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008)

4) branches of insurance companies from a third country as referred to in the Act on Foreign Insurance Companies (398/1995) where pursuing activities falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008)

5) fund management companies referred to in the Mutual Funds Act (213/2019) or custodians authorised under said Act

6) investment firms referred to in the Act on Investment Services (747/2012) and branches of third-country firms

7) branches of EEA investment firms referred to in the Act on Investment Services

8) a central securities depository, including a registration fund and settlement fund established by such a depository, as referred to in the Act on the Book-Entry System (348/2017)

9) account operators referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices that have been granted the rights of an account operator

10) payment institutions referred to in the Payment Institutions Act (297/2010)

11) natural persons and legal persons referred to in sections 7, 7 a and 7 b of the Payment Institutions Act (297/2010)

12) foreign payment institutions referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010) where providing payment services in Finland through a branch or agent

13) managers of alternative investment funds authorised as AIFMs in accordance with the Act on Alternative Invesment Fund Managers (162/2014), as well as custodians authorised under said Act.

14) branches of foreign AIFMs in Finland and AIFMs subject to the registration requirement and Finnish branches of foreign custodians as referred to in the Act on Alternative Investment Fund Managers (162/2014)

15) insurance intermediaries referred to in the Insurance Distribution Act (234/2018) and branches of foreign insurance intermediaries operating in Finland insofar as insurance falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008) is concerned

16) Finnish credit intermediaries referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries

Related to these guidelines:

Guidelines on the role of AML/CFT compliance officers | European Banking Authority (europa.eu)

Contact information:

Jonna Ekström, Chief Legal Advisor
tel. +358 9 183 5531, e-mail:  jonna.ekstrom(at)finanssivalvonta.fi  and aml-authorities(at)fiva.fi

EBA guidelines on customer due diligence and the factors credit and financial institutions should consider when assessing the money laundering and terrorist financing risk associated with individual business relationships and occasional transactions (‘The ML/TF Risk Factors Guidelines’) under Articles 17 and 18(4) of Directive (EU) 2015/849 (EBA/GL/2021/02)

Scope of application:

These regulations and guidelines shall apply to the following obliged entities referred to in the Act on Preventing Money Laundering and Terrorist Financing (444/2017):

1) credit institutions referred to in the Act on Credit Institutions (610/2014), branches of third-country credit institutions

2) financial institutions belonging to the same consolidation group with a credit institution referred to in the Act on Credit Institutions

3) insurance companies and special purpose vehicles referred to in the Insurance Companies Act (521/2008) where pursuing activities falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008)

4) branches of insurance companies from a third country as referred to in the Act on Foreign Insurance Companies (398/1995) where pursuing activities falling within the life assurance classes referred to in the Act on Insurance Classes (526/2008)

5) fund management companies referred to in the Mutual Funds Act (213/2019) or custodians authorised under said Act

6) investment firms referred to in the Act on Investment Services (747/2012) and branches of third-country investment firms

7) branches of EEA investment firms referred to in the Act on Investment Services

8) a central securities depository, including a registration fund and settlement fund established by such a depository, as referred to in the Act on the Book-Entry System (348/2017)

9) account operators referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices that have been granted the rights of an account operator

10) payment institutions referred to in the Payment Institutions Act (297/2010)

11) natural persons and legal persons referred to in sections 7, 7 a and 7 b of the Payment Institutions Act

12) foreign payment institutions referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010) where providing payment services in Finland through a branch or agent

13) managers of alternative investment funds authorised as AIFMs in accordance with the Act on Alternative Investment Fund Managers (162/2014), and as custodians authorised under said Act

14) branches of foreign AIFMs in Finland, AIFMs subject to the registration requirement as well as Finnish branches of foreign custodians in accordance with the Act on Alternative Investment Fund Managers

15) insurance intermediaries referred to in the Insurance Distribution Act (234/2018) and branches of foreign insurance intermediaries operating in Finland insofar as insurance falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008) is concerned

16) Finnish credit intermediaries referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries

The FIN-FSA’s further guidance:

The FIN-FSA recommends that also the following obliged entities referred to in chapter 1, section 2 of the AML Act comply with these guidelines where applicable:

1) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 1, 3, 4, 5, 6, 8,10 and 13 of paragraph 1 and foreign entities corresponding to such supervised entities, where the entity provides services in Finland through a representative without establishing a branch

2) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

3) employee pension insurance companies as referred to in the Act on Employee Pension Insurance Companies (354/1997)

4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

5) Finnish central counterparties as referred to in the Act on the Book-Entry System and Settlement Activities

6) entities as referred to in Article 27(2) of Regulation (EU) 2017/2402 of the European Parliament and of the Council laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012, which have been granted authorisation as referred to in Article 28 of said Regulation

7) holding companies that have been granted authorisation to pursue holding company activities as stipulated in chapter 2 a of the Credit Institutions Act

8) approved public arrangements as referred to in Article 2(1)(34), and approved reporting mechanism as referred to in Article 2(1)(36), of Regulation (EU) No 600/2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, to which the Financial Supervisory Authority has granted authorisation and for the supervision of which it is responsible under Article 27 b(1)(2) of said Regulation

9) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8

10) foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8, where the entity provides services in Finland through a representative without establishing a branch

11) local mutual insurance associations as referred to in the Local Mutual Insurance Associations Act (1250/1987)

12) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned, ancillary insurance intermediaries as well as Finnish branches of foreign insurance intermediaries and ancillary insurance intermediaries

13) virtual currency providers as referred to in the Act on Virtual Currency Providers (572/2019)

14) traders falling within the scope of application of the Act on the Registration of Certain Credit Providers and Credit Intermediaries (186/2023)

Related to these guidelines:

Guidelines on ML/TF risk factors (revised) | European Banking Authority (europa.eu)

Contact information

Jonna Ekström, Chief Legal Advisor
tel. +358 9 183 5531,e-mail: jonna.ekstrom(at)finanssivalvonta.fi  and aml-authorities(at)fiva.fi

EBA Guidelines amending Guidelines EBA/2021/02 on customer due diligence and the factors credit and financial institutions should consider when assessing the money laundering and terrorist financing risk associated with individual business relationships and occasional transactions under Articles 17 and 18(4) of Directive (EU) 2015/849 (EBA/GL/2023/03)

Effective from 3.11.2023

Scope of application:
These Guidelines are applicable to the following obliged entities as referred to in chapter 1, section 2 of the Act on Preventing Money Laundering and Terrorist Financing (444/2017) (hereinafter the AML Act):

1) credit institutions and branches of third country credit institutions as referred to in the Credit Institutions Act (1055/2016)

2) financial institutions belonging to the same consolidation group with a credit institution as referred to in the Credit Institutions Act

3) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

5) fund management companies as referred to in the Act on Common Funds (213/2019) and depositories authorised under the said Act

6) investment firms and branches of third country firms as referred to in the Investment Services Act (747/2012)

7) branches of a foreign EEA investment firm as referred to in the Investment Services Act

8) a central securities depository as referred to in the Act on the Book-Entry System and Settlement Activities (348/2017), including a registration fund and settlement fund established by such

9) account operators as referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices which have been granted the rights of an account operator

10) payment institutions as referred to in the Payment Institutions Act (297/2010)

11) natural and legal persons as referred to in sections 7, 7 a and 7 b of the Act on Payment Institutions 

12) foreign payment institutions as referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010), when providing payment services in Finland through a branch or an agent

13) alternative investment fund managers with authorisation as an alternative investment fund manager under the Act on Alternative Investment Fund Managers (162/2014), and depositories authorised under said Act

14) branches of foreign alternative investment funds as referred to in the Act on Alternative Investment Fund Managers as well as alternative investment fund managers under the registration obligation referred to in said Act and Finnish branches of foreign depositories

15) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned

16) Finnish credit intermediaries as referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries.

The FIN-FSA’s further guidance:

The FIN-FSA recommends that the following obliged entities as referred to in chapter 1, section 2 of the AML Act also comply with the Guidelines, as applicable:

1) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 1, 3, 4, 5, 6, 8,10 and 13 of paragraph 1 and foreign entities corresponding to such supervised entities, where the entity provides services in Finland through a representative without establishing a branch

2) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

3) employee pension insurance companies as referred to in the Act on Employee Pension Insurance Companies (354/1997)

4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)

5) Finnish central counterparties as referred to in the Act on the Book-Entry System and Settlement Activities

6) entities as referred to in Article 27(2) of Regulation (EU) 2017/2402 of the European Parliament and of the Council laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012, which have been granted authorisation as referred to in Article 28 of said Regulation

7) holding companies that have been granted authorisation to pursue holding company activities as stipulated in chapter 2 a of the Credit Institutions Act

8) approved public arrangements as referred to in Article 2(1)(34), and approved reporting mechanism as referred to in Article 2(1)(36), of Regulation (EU) No 600/2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, to which the Financial Supervisory Authority has granted authorisation and for the supervision of which it is responsible under Article 27 b(1)(2) of said Regulation

9) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8

10) foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8, where the entity provides services in Finland through a representative without establishing a branch

11) local mutual insurance associations as referred to in the Local Mutual Insurance Associations Act (1250/1987)

12) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned, ancillary insurance intermediaries as well as Finnish branches of foreign insurance intermediaries and ancillary insurance intermediaries

13) virtual currency providers as referred to in the Act on Virtual Currency Providers (572/2019)

14) traders falling within the scope of application of the Act on the Registration of Certain Credit Providers and Credit Intermediaries (186/2023)

Related to these guidelines

Publications

Contact information

Jonna Ekström, Chief Legal Counsel
tel. +358 9 183 5531 , e-mail: jonna.ekstrom(at)finanssivalvonta.fi or aml-authorities(at)fiva.fi

Joint Guidelines for complaints handling for the securities (ESMA) and banking (EBA) sectors

Scope of application:

These guidelines apply to the following authorised supervised entities, supervised entities comparable to authorised supervised entities, other supervised entities and foreign supervised entities as referred to in sections 4, 5 and 6 of the FIN-FSA Act, with respect to activities pursued in Finland, and the following other financial participants:

  • Credit institutions
  • Intermediaries of consumer credit relating to residential property (Issued on 18 January 2018, valid from 1 May 2019) Investment firms
  • Management companies
  • Payment institutions
  • Alternative investment managers pursuing activities referred to in chapter 3, section 2(2) and section 3 of the AIFM Act (162/2014)
  • Finnish branches of foreign credit institutions and investment firms authorised in a non-EEA country
  • Foreign investment firms authorised in a non-EEA country and providing investment service without establishing a branch.

Information releases:

 

Contact information:

Sanna Atrila, Chief Legal Advisor
Tel. 09 183 5552, email: sanna.atrila@finanssivalvonta.fi

EBA Guidelines (EBA/GL/2024/11) on information requirements in relation to transfers of funds and certain crypto-assets transfers under Regulation (EU) 2023/1113

  • The Guidelines will apply from 30 December 2024

Scope of application

  • credit institutions providing payment services
  • holding companies of credit institutions providing payment services and holding companies of conglomerates referred to the Act on the Supervision of Financial and Insurance conglomerates
  • payment institutions
  • natural persons or legal persons providing a payment service without an authorisation
  • branches located in Finland of foreign credit institutions providing payment services
  • branches of payment institutions located in Finland
  • crypto-asset service providers
  • branches located in Finland of crypto-asset service providers

Financial Supervisory Authority’s more specific guidance

  • The Financial Supervisory Authority (FIN-FSA) recommends that entities and persons within the scope of these Guidelines fulfil their obligations in accordance with Article 8(2) and Article 12(2) of Regulation (EU) 2023/1113 to notify the FIN-FSA of failure to provide required information on the payer or the payee, and the steps taken, using the form template available in the FIN-FSA’s website (link). Notifications should be made, in accordance with the European Supervisory Authorities’ Guidelines, to the FIN-FSA without delay and at the latest within three months of the detection of repeated failure on the part of the payment service provider. Notifications should be sent to the address maksuntiedot@fiva.fi
  • The FIN-FSA recommends that entities and persons within the scope of these Guidelines fulfil their obligations in accordance with Article 17(2) and 21(2) of Regulation (EU) 2023/1113 to notify the FIN-FSA of failure to provide required information on the originator or the beneficiary, and the steps taken, using the form template available in the FIN-FSA’s website (link). Notifications should be made, in accordance with the European Supervisory Authorities’ Guidelines, to the FIN-FSA without delay and at the latest within three months of the detection of repeated failure on the part of the crypto-asset service provider. Notifications should be sent to the address maksuntiedot@fiva.fi
  • The FIN-FSA recommends that entities and persons within the scope of these Guidelines prepare policies and procedures, based on the European Supervisory Authorities’ Guidelines, to comply with the obligations laid down in Regulation 2023/1113.

Related to these Guidelines

Releases

  • EBA Guidelines (EBA/GL/2024/11) on information requirements for transfers of funds and certain crypto-assets transfers under Regulation (EU) 2023/1113

Contacts

Viivi Jantunen, Senior Specialist, telephone +358 9 183 5008, email viivi.jantunen(at)fiva.fi