Previous Page  103 / 522 Next Page
Information
Show Menu
Previous Page 103 / 522 Next Page
Page Background

Principles regarding the Corporate Governance of Payment

Institutions

Payment institutions must have a developed management network

due to their activities. Accordingly, Articles 16-21 of the Regulation on

Payment Services sets forth the corporate governance of payment insti-

tutions. The board of directors of payment institutions may not be

comprised of less than three persons, including the general manager.

The board of directors is responsible for determining strategies and

policies with respect to the activities of the internal control and risk

management units of the payment institutions, determining policies

with respect to the management of information systems and determin-

ing, managing, monitoring and reporting the relevant risks. The

Regulation of Payment Services establishes special conditions for gen-

eral managers. In accordance with this regulation, a general manager

must have at least 7 years of professional experience in management or

finance, and have an undergraduate education in the related field.

Moreover, the members of the board of directors and the general

manager must satisfy certain conditions in order to be eligible to sit on

the board of directors of a payment institution. The members of the

board of directors and the general manager must submit the documents

listed under Art. 18 of the Regulation on Payment Services, as well as

providing certain undertakings.

Internal controls constitute an important part of corporate gover-

nance in payment institutions. In order to carry out activities effective-

ly, and procure unity between systems, an internal control system must

be established. Another system to be established along with internal

controls is the risk management system. The risk management system

aims the identification, measurement, supervision, control and report-

ing of all risks that the payment institutions may be exposed to in line

with the scope and structure of the activities of the payment institutions.

In this regard, one of the most important regulations that the pay-

ment institutions are subject to are inspections which are conducted by

the Agency. The Agency is entitled to conduct on-site inspections and

distant surveillance of the payment institutions. This provision aims to

control the activities of the payment institutions, as well as to procure

the regular performance of activities.

COMMERCIAL LAW

87