MP 615 regulates payments made by cell phone

One of the themes of Provisional Measure 615/13, approved by the Plenary of the Chamber of Deputies, is the definition of concepts to allow the Central Bank to regulate payments made through cell phones. The objective is to expand the Brazilian population's access to banking services, especially in small towns or in rural areas, where there is a lack of bank branches and other receiving agents (lottery outlets).
 
According to the government, this type of payment has grown without the support of specific regulation, involving various forms, such as cell phones, use of electronic currencies or other instruments used in electronic commerce.
 
The proposal defines these means of payment as a “payment arrangement”. They may be created by payment arrangement instituters, whose use may be made possible by payment institutions.
 
It will be up to the payment institutions to manage the accounts, convert physical or book-entry currency into electronic money, or vice versa, and accredit the types of procedures to carry out the transaction.
 
Banks will be able to adhere to these “payment arrangements”, but payment institutions (telephone, for example) will not be able to carry out the private activities of banks.
 
The system should allow communication between the different types of arrangements and value security and efficiency, in addition to not discriminating against services and infrastructure.
 
The Central Bank will have the task of regulating and supervising the payment arrangements and the companies involved in this form of payment, in accordance with the guidelines of the National Monetary Council (CMN).
 
In addition to overseeing companies, the Central Bank will have attributions such as authorizing the functioning of institutions, applying the appropriate sanctions, establishing operating and risk management rules, adopting competition measures and regulating the collection of fees and any other form of remuneration. .
 
Payment institutions (cell phone operators, for example) that fail to comply with the new rules will be subject to the same penalties applicable to banks. They may also undergo a special temporary administration regime, intervention or extrajudicial liquidation under the same conditions valid for banks.
 
To give more security to these means of making payments, the resources kept in payment accounts cannot be confused with the assets of the payment institution. Thus, the money cannot be subject to arrest, kidnapping or other legal form of judicial retention.
 
The Central Bank will have 180 days to edit the new rules and will set a deadline for payment arrangements and institutions in operation to adapt to them and to the MP.