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Accounting Alert

Regulatory Framework for Merchant Payment Acceptance Activities

Background

The BSP recognizes that enabling the merchants to accept different forms of payments for the sale of goods and/or services in a safe and efficient manner is vital in facilitating the smooth flow of funds in the economy and contributing to the wide adoption of digital payments in the country.

The Monetary Board, in its Resolution No. 806 dated July 11, 2024, approved the following framework governing merchant payment acceptance activities (MPAA) to set minimum standards and good practices to safeguard the funds received from the customers and protect the rights and interests of end-users that deal with operators of payments systems (OPS) that engage in MPAA.

The Amendments

BSP Circular No. 1198 lays out the following additions to the Manual of Regulations for Payment Systems (MORPS).

  • Licensing and Registration – An authority from the BSP must be obtained prior to engaging in merchant acquisition in the Philippines. An OPS that intends to engage in merchant acquisition shall secure a Merchant Acquisition License (MAL) with the appropriate supervising department of the BSP.  The guidelines on application for MAL are set out in Appendix 503-1 of the MORPS.
  • Operational Risk – OPS engaged in or intending to engage in merchant payment acceptance activities in the Philippines shall remain responsible and accountable for the services outsourced to third-party service providers. The OPS shall also design and implement an information technology risk management that is risk-based, commensurate with the size, nature, types of products and services, and complexity of its information technology operations. The specific responsibilities are stated in Section 903 of the MORPS.
  • End-User Protection – OPS engaged in or intending to engage in MPAA in the Philippines shall be considered a Bangko Sentral Supervised Institution (BSI) for the purposes of this Section and shall have mechanisms in place that ensure the safety of end-users (i.e. merchants) availing of its service. Such mechanisms shall comply with existing financial consumer protection laws under the Financial Products and Services Consumer Protection Act (RA No. 11765) and related implementing rules and regulations.

Effectivity

The Circular shall take effect 15 banking days after its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines.

 

Please see attached circular for further details. 

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