Bank Accounts were reinstated after Bank failed to give justified reasons for termination under AML/CFT obligations. 1. Facts of the Case APS Bank p.l.c. (hereinafter 'the Bank’) had informed a customer (hereunder ‘the Appellant’) that, after the Bank’s internal policies and procedures were revised, the Bank was no longer in a position to provide banking services to her and, that consequently, their contractual relationship was being terminated. The Appellant lodged a complaint before the Arbiter for Financial Services in Malta (hereunder ‘the Arbiter’) claiming that the Bank had terminated the banking relationship unfairly, without a valid reason and contrary to…
On the 29th of April 2024, the European Banking Authority (the ‘EBA’) published an opinion (the ‘Opinion’) in which it assesses payment fraud data and identifies new types and patterns of payment fraud while developing proposals to mitigate them. In this second Payments Insight we highlight some of the most important key considerations emerging from the EBA’s Opinion. The power of the EBA to issue this Opinion stems from Articles 1(5), 8(2)(g), 9(4), and 16a(1) of Regulation (EU) No 1093/2010. These provisions empower the EBA to promote a uniform approach to the regulation and supervision of innovative financial activities. Additionally,…
Introduction to the Payments Insights Series The European Commission is currently in the process of updating the EU’s legal framework for payment services. These proposals include: A proposed Third Payment Services Directive (the ‘PSD3’) which is a directive on payment services and electronic money services in the EU’s internal market which will repeal the Second Payment Services Directive (the ‘PSD2’) and the Second Electronic Money Directive (the 'EMD2’); and A proposed new Payment Services Regulation (the ‘PSR’). The proposed legal amendments aim to: Strengthen the protection of users and enhance confidence in payments and electronic money services; Improve the competitiveness…