Source: OJ L 150, 9.6.2023, pp. 1–39Current language: EN
- Anti-money laundering
Basic legislative acts
- Transfer of funds regulation (TFR)
Article 4 Information accompanying transfers of funds
The payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services; of the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; shall ensure that transfers of fundsmeans any transaction at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same, including:a credit transfer as defined in Article 4, point (24), of Directive (EU) 2015/2366;a direct debit as defined in Article 4, point (23), of Directive (EU) 2015/2366;a money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, whether national or cross-border;a transfer carried out using a payment card, an electronic money instrument, a mobile phone or any other digital or IT prepaid or postpaid device with similar characteristics; are accompanied by the following information on the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order;:
the name of the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order;;
the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order;’s payment accountmeans a payment account as defined in Article 4, point (12), of Directive (EU) 2015/2366; number;
the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order;’s address including the name of the country, official personal document number and customer identification number, or, alternatively, the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order;’s date and place of birth; and
subject to the existence of the necessary field in the relevant payments message format, and where provided by the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; to its payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services;, the current LEI of the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; or, in its absence, any available equivalent official identifier.
The payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services; of the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; shall ensure that transfers of fundsmeans any transaction at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same, including:a credit transfer as defined in Article 4, point (24), of Directive (EU) 2015/2366;a direct debit as defined in Article 4, point (23), of Directive (EU) 2015/2366;a money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, whether national or cross-border;a transfer carried out using a payment card, an electronic money instrument, a mobile phone or any other digital or IT prepaid or postpaid device with similar characteristics; are accompanied by the following information on the payeemeans a person that is the intended recipient of the transfer of funds;:
the name of the payeemeans a person that is the intended recipient of the transfer of funds;;
the payeemeans a person that is the intended recipient of the transfer of funds;’s payment accountmeans a payment account as defined in Article 4, point (12), of Directive (EU) 2015/2366; number; and
subject to the existence of the necessary field in the relevant payments message format, and where provided by the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; to its payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services;, the current LEI of the payeemeans a person that is the intended recipient of the transfer of funds; or, in its absence, any available equivalent official identifier.
By way of derogation from paragraph 1, point (b), and paragraph 2, point (b), in the case of a transfer not made to or from a payment accountmeans a payment account as defined in Article 4, point (12), of Directive (EU) 2015/2366;, the payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services; of the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; shall ensure that the transfer of fundsmeans any transaction at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same, including:a credit transfer as defined in Article 4, point (24), of Directive (EU) 2015/2366;a direct debit as defined in Article 4, point (23), of Directive (EU) 2015/2366;a money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, whether national or cross-border;a transfer carried out using a payment card, an electronic money instrument, a mobile phone or any other digital or IT prepaid or postpaid device with similar characteristics; is accompanied by a unique transaction identifiermeans a combination of letters, numbers or symbols determined by the payment service provider, in accordance with the protocols of the payment and settlement systems or messaging systems used for the transfer of funds, or determined by a crypto-asset service provider, which permits the traceability of the transaction back to the payer and the payee or the traceability of the transfer of crypto-assets back to the originator and the beneficiary; rather than the payment accountmeans a payment account as defined in Article 4, point (12), of Directive (EU) 2015/2366; number.
Before transferring fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366;, the payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services; of the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; shall verify the accuracy of the information referred to in paragraph 1 and, where applicable, in paragraph 3, on the basis of documents, data or information obtained from a reliable and independent source.
Verification as referred to in paragraph 4 of this Article shall be deemed to have taken place where one of the following applies:
the identity of the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; has been verified in accordance with Article 13 of Directive (EU) 2015/849 and the information obtained pursuant to that verification has been retained in accordance with Article 40 of that Directive;
Article 14(5) of Directive (EU) 2015/849 applies to the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order;.
Without prejudice to the derogations provided for in Articles 5 and 6, the payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services; of the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; shall not execute any transfer of fundsmeans any transaction at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same, including:a credit transfer as defined in Article 4, point (24), of Directive (EU) 2015/2366;a direct debit as defined in Article 4, point (23), of Directive (EU) 2015/2366;a money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, whether national or cross-border;a transfer carried out using a payment card, an electronic money instrument, a mobile phone or any other digital or IT prepaid or postpaid device with similar characteristics; before ensuring full compliance with this Article.
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