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Maestro Global Rules (PDF) - MasterCard

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Europe Region<br />

10.11 Customer Insolvency and Settlement Liability<br />

The policy calls for the evaluation of a Customer’s initial and continuing<br />

ability to avoid excessive risk to the other Customers Corporation. Within the<br />

framework of this policy, specific criteria have been established to determine<br />

the financial soundness of Customers and their Activities. Such criteria include<br />

both objective standards such as the measurement of capital adequacy and<br />

subjective standards, such as evaluating key management experience and ability<br />

and the manner in which such business is conducted.<br />

If the Customer or applicant does not fulfill the criteria mentioned above, the<br />

granting or continuance of a License will be conditioned on compliance by<br />

the Customer with special conditions, within the framework of the policy.<br />

Examples of such special conditions are letters of credit, letters of guarantee<br />

or pledge agreements.<br />

For an applicant, a protective arrangement will need to be in place before it<br />

can go live on Dual Message System.<br />

If a Customer resists or excessively delays establishing a protective arrangement,<br />

the Corporation has the authority to collect the collateral it deems necessary<br />

through the settlement process in addition to the Customer’s settlement volumes.<br />

Unless circumstances are such that the Corporation, in its sole discretion,<br />

considers it necessary to collect the collateral without delay, it will not be<br />

collected until at least three weeks after the Customer is first notified in writing<br />

that it must comply with the initial request for collateral. Customers will be given<br />

seven calendar days’ notice in writing before the collateral is actually collected.<br />

The compliance of a Customer with the criteria relating to financial soundness<br />

will be re-examined from time to time.<br />

10.11.1 Restrictions that Prevent the Settlement of Financial<br />

Obligations<br />

If there are imposed laws or regulations, to which the Customer is subject,<br />

which prevent the Customer from settling its financial obligations in accordance<br />

with the <strong>Rules</strong>, the following shall apply:<br />

1. the Customer must notify the Corporation immediately of the imposition of<br />

such laws or regulations; and<br />

2. the Customer must immediately take all possible steps to prevent the<br />

creation of further financial obligations that it will be unable to meet.<br />

Examples of such steps would be the recalling of issued Cards and the<br />

issuance of Cards that do not cause such financial obligations.<br />

©1993–2012 <strong>MasterCard</strong>. Proprietary. All rights reserved.<br />

<strong>Maestro</strong> <strong>Global</strong> <strong>Rules</strong> • 9 November 2012 17-75

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