If my organisation signs up to a Scheme on its own behalf and on behalf of another legal entity (e.g. a subsidiary), will my organisation have any legal responsibility if this legal entity fails to comply with its obligations under the Rulebook?

No. The underlying obligations under the Scheme are the responsibility of the adhering PSP only and not the Agent.

If yes, what must each of my association's members be required to do to permit the national PSP association to sign up to the Scheme on their behalf and what documentation is required?

See response to Question 9.

I represent a national PSP association. Can my organisation sign up to the Scheme on behalf of all of my association's members?

Yes, the organisation can act as an Agent on behalf of its members, subject to the foregoing provisions.

If yes, what will each PSP be required to do to permit another PSP to sign up to the Scheme on its behalf and what documentation is required?

If a PSP or an association signs as Agent on behalf of another, the two parties must have taken the necessary legal steps to establish the necessary authority for the agency arrangement.

My organisation is a savings/co-operative PSP forming part of a “de-centralised group”. Can one PSP sign on for all of the PSPs in this co-operative structure?

One PSP or an association may sign on behalf of all or some of the PSPs in the group. In so doing it is signing only as Agent and all liabilities are assumed by the adhering PSP as if it had itself signed.

Is it necessary for every legal entity processing SEPA payment transactions in my organisation's group structure to adhere to the Scheme, even if its SEPA Scheme payments are “routed” through another legal entity in the group?

If no, will my organisation be legally responsible if its subsidiaries participating in the Scheme do not correctly perform their obligations under the Rulebook?

No, these subsidiaries are responsible for their own acts and omissions. 

If my organisation signs the Adherence Agreement, will all the subsidiary entities of my organisation also joining the Scheme be covered by this application?

No, such subsidiaries or affiliated institutions (i.e., any entity with a separate and distinct legal personality within your organisation) will need to execute a separate Adherence Agreement.

If my organisation has branches that are located outside of SEPA, will they also have to comply with the Rulebook?

No. Such branches are not eligible to participate in the Scheme.