credit reference services;
safe custody services;
leasing of movable property, under the terms authorised to financial leasing companies;
provision of the investment services and investment activities not covered by the preceding points;
issuance of electronic money; and
any other similar transactions not forbidden by law.
The CRD IV and the Legal Framework of the Credit Institutions and Financial Companies (Regime Geral das Instituições de Crédito e Sociedades Financeiras, hereinafter RGICSF) set forth the basic framework in relation to the licensing procedure and to the requirements of substance for authorisation. In general, applicants must satisfy the requirements of having an appropriate programme of operations and structural organisation, arrangements for the effective direction of the business, initial capital, and suitable shareholders and board members.
The timeline for a license application is six (6) months. The minimum amount of initial capital of banking institutions is at EUR 17,500,000. The initial capital must be maintained over the credit institution’s lifetime, in accordance with Article 93 of Regulation (EU) No 575/2013, of the European Parliament and of the Council, of 26 June 2013, on prudential requirements for credit institutions and investment firms and amending regulation (EU) No 648/2012 (hereinafter, CRR), and for this purpose, it is common practice for the competent authorities to apply an additional individual risk-based buffer to the initial capital requirement. No regulatory fee must be paid to apply for the banking license.
The use of APIs and other IT structure will be subject to information security and digital operational resilience requirements applicable to banks. BaaS will be subject to outsourcing of critical functions and data protection regulation.
Additional comments regarding the legal situation for online-banking services or what FinTech’s must be aware of in this business area
Collaboration scenarios have focussed the attention of supervisory authorities to the outsourcing and cyber risk arising from the fragmentation of the value chain, so they need to be framed by robust contracts that establish appropriate mechanisms to mitigate and manage the inherent risks.
Economic conditions
Market size for online-banking services and biggest companies in this business area
We were not able to find recent date, but online banking is generally used in Portugal and there are banks that operate almost exclusively online, such as Activo Bank.
Additional comments regarding the economic situation for online-banking services or what FinTech’s must be aware of in this business area
There are recent news on cooperation agreements between the more traditional banks and FinTechs – e.g. BEST with Raize in 2021 and BPI with Apple Pay.