EMD2: Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions
Directive 2009/110/EC (EMD2) is the European Union directive regulating electronic money institutions and the issuance of e-money across the internal market. It governs the authorization of full electronic money institutions (EMIs) and the registration of small EMIs under national exemption waivers, establishing uniform rules on initial capital, ongoing own funds, customer fund safeguarding, and redemption at par value.
At a glance
| Official title | Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC1 |
|---|---|
| English title | Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions |
| Citation | Directive 2009/110/EC |
| Jurisdiction | European Union (applies in every EU/EEA state) |
| Type | directive |
| Adopted | 2009-09-16 |
| In force from | 2009-10-30 |
| Status | in force |
Full text
Official full text: Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions (PDF, en)1 · 216 KB · file checked 2026-09-24 · consolidated version of 2018-01-13
Official page: eur-lex.europa.eu1
Summary
Directive 2009/110/EC (EMD2) establishes the European Union regulatory framework for electronic money issuance, prudential supervision, and market conduct. It applies to electronic money institutions (EMIs), credit institutions, post office giro institutions, the European Central Bank, and public authorities issuing electronic money across the European Economic Area. The directive creates two licensing statuses: fully authorized electronic money institutions and small electronic money institutions operating under optional national waiver regimes. Key obligations include maintaining initial capital of at least EUR 350,000 and ongoing own funds calculated under Method D (at least 2% of average outstanding electronic money) combined with PSD2 requirements for non-issuance payment services. Institutions must safeguard customer funds in separate low-risk assets or insurance guarantees within five business days, issue and redeem e-money at par value on demand without speculative holding conditions, and refrain from granting interest. EMD2 prohibits issuing e-money through agents and mandates prior regulatory approval for qualifying holding changes at 20%, 30%, and 50% ownership thresholds.
Summary written by the Atlas from the official text; the law itself prevails.
Main articles
- Art. 1: Identifies eligible electronic money issuer categories and excludes limited payment networks and specific telecom-based payment transactions from scope.
- Art. 2: Defines electronic money, electronic money institutions, electronic money issuers, and average outstanding electronic money.
- Art. 3: Applies PSD2 governance mutatis mutandis, mandates prior approvals for qualifying holdings (20%, 30%, 50%), and forbids issuing e-money via agents.
- Art. 4: Obliges electronic money institutions to hold initial capital of not less than EUR 350,000 at the time of regulatory authorization.
- Art. 5: Sets ongoing own funds requirements for e-money issuance at 2% of average outstanding electronic money (Method D) plus PSD requirements.
- Art. 6: Permits EMIs to offer payment services and granting linked credit from own funds, while strictly prohibiting deposit-taking.
- Art. 7: Requires safeguarding of customer funds received for electronic money issuance into secure low-risk assets within five business days of issue.
- Art. 8: Governs relations with third countries, forbidding more favourable treatment to branches of third-country electronic money institutions.
- Art. 9: Allows Member States to grant optional exemptions to small EMIs with average outstanding e-money up to EUR 5,000,000 without passporting.
- Art. 10: Strictly prohibits any natural or legal persons who are not recognized electronic money issuers from issuing electronic money.
- Art. 11: Mandates issuance of electronic money at par value on receipt of funds and redemption at par value at any moment on request.
- Art. 12: Prohibits the granting of interest or any other benefit linked to the duration of holding electronic money.
- Art. 16: Establishes the principle of full harmonisation across Member States for the matters governed by the directive.
- Art. 18: Lays down transitional regimes and grandfathering provisions for existing institutions operating under previous directives.
Licences it governs
- EMI · Czech Republic
Small-scale Electronic Money Issuer authorisation
CNB
- EMI · Czech Republic
Electronic Money Institution licence
CNB
- EMI · Germany
Electronic money institution licence
BaFin
- EMI · Estonia
Electronic money institution operating with an exception
FI
- EMI · Estonia
Operating licence as an electronic money institution
FI
- EMI · Spain
Electronic money institution authorization
BdE
- EMI · Ireland
Electronic Money Institution Authorisation
CBI
- EMI · Lithuania
Electronic money institution licence for restricted activity
LB
- EMI · Lithuania
Electronic money institution licence for non-limited activity
LB · capital EUR 350,000
- EMI · Luxembourg
Electronic money institution authorisation
CSSF
- EMI · Latvia
Registered electronic money institution
LB
- EMI · Latvia
Authorised electronic money institution licence
LB
- EMI · Malta
Electronic money institution licence
MFSA
- EMI · Netherlands
Electronic money institution licence
Electronic money institution licence (Vergunning elektronischgeldinstelling)DNB
- EMI · Poland
Electronic Money Institution licence
KNF
- EMI · Slovakia
Electronic money institution licence
NBS
- MSB · Netherlands
Exchange institution licence
Exchange institution licence (Vergunning wisselinstelling)DNB
Regulators that apply it
- Germany
Federal Financial Supervisory Authority (BaFin)
BaFin is Germany's unified federal financial supervisor and sits under the Federal Ministry of Finance. It supervises credit institutions, f
- Spain
Bank of Spain (BdE)
Banco de España is Spain's national central bank and banking supervisor, operating as an integral part of the European System of Central Ban
- Lithuania
Bank of Lithuania (LB)
Lietuvos bankas, the Bank of Lithuania, is the central bank of the Republic of Lithuania and a member of the Eurosystem. It supervises credi
- Ireland
Central Bank of Ireland (CBI)
The Central Bank of Ireland is Ireland's central bank and its integrated financial conduct and prudential regulator, within the Eurosystem a
- Czech Republic
Czech National Bank (CNB)
The Czech National Bank acts as the central bank and unified supervisory authority of the Czech financial market under Act No. 6/1993 Coll.
- Luxembourg
Commission de Surveillance du Secteur Financier (CSSF)
The CSSF is Luxembourg's unified public supervisory authority for the financial centre. It carries out prudential supervision and market con
- Netherlands
De Nederlandsche Bank (DNB)
De Nederlandsche Bank acts as the central bank of the Netherlands and integral member of the Eurosystem and ESCB, exercising prudential supe
- European Union
European Banking Authority (EBA)
The European Banking Authority is an independent EU agency that creates the European Single Rulebook for banking and payments, fosters super
- Estonia
Finantsinspektsioon (FI)
Finantsinspektsioon is Estonia's independent financial supervision and crisis resolution authority operating with autonomous responsibilitie
- Poland
Polish Financial Supervision Authority (KNF)
KNF ensures the proper functioning, stability, security, and transparency of the Polish financial market, safeguards public confidence in fi
- Latvia
Latvijas Banka (LB)
Latvijas Banka is the central bank of the Republic of Latvia and a member of the Eurosystem. It has stood as the single integrated financial
- Malta
Malta Financial Services Authority (MFSA)
The Malta Financial Services Authority is the single autonomous financial regulator in Malta, entrusted with prudential and conduct supervis
- Slovakia
National Bank of Slovakia (NBS)
Národná banka Slovenska is the central bank and integrated financial supervisor of the Slovak Republic. Price stability and financial system
Upcoming changes
- 18 months post-adoption: Directive 2009/110/EC will be repealed and merged into the Payment Services Directive 3 (PSD3, COM(2023) 366), unifying EMI and payment institution regimes.2
Sources
- EUR-Lex: CELEX 32009L0110 · retrieved 2026-09-24
- EUR-Lex: CELEX 52023PC0366 · retrieved 2026-09-24
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