Legal Risk. A final risk issue concerning e-money is, Who issues the e-money? Consider the electronic bank note. Who is its issuer? Is it Mondex (or some alternative branded network), or a member bank of Mondex? This may be a trivial question in the sense that for credit cards the same type of organization has been operative for many years. But Visa and MasterCard have faced the issue of merchant banks that go bankrupt owing merchants tens of millions of dollars. The central organizations have not hesitated to pay the merchants to protect the brand.
In most cases, the central organization plans to be the issuer of the e-money, with the member banks distributing the e-money. For the electronic note, Mondex and other organizations plan to put funds from the sale of electronic notes into a special "bank" in which all electronic note liabilities and assets to back those liabilities are held. Presumably the failure of a bank would not affect the creditworthiness of a note it issued. But how would the failure of the branded network bank affect the issuing bank? Would its customers - holders of electronic notes it issued - be satisfied with the answer that it had no liability to them? Indeed, a bank cannot assume that by depositing all assets and liabilities that back electronic notes in the branded network bank, it is absolved of liability in all instances. This is the conclusion of the Task Force on Stored-Value Cards (1997), which reviewed the legal issues associated with e-money.
Legal Risk. A final risk issue concerning e-money is, Who issues the e-money? Consider the electronic bank note. Who is its issuer? Is it Mondex (or some alternative branded network), or a member bank of Mondex? This may be a trivial question in the sense that for credit cards the same type of organization has been operative for many years. But Visa and MasterCard have faced the issue of merchant banks that go bankrupt owing merchants tens of millions of dollars. The central organizations have not hesitated to pay the merchants to protect the brand.In most cases, the central organization plans to be the issuer of the e-money, with the member banks distributing the e-money. For the electronic note, Mondex and other organizations plan to put funds from the sale of electronic notes into a special "bank" in which all electronic note liabilities and assets to back those liabilities are held. Presumably the failure of a bank would not affect the creditworthiness of a note it issued. But how would the failure of the branded network bank affect the issuing bank? Would its customers - holders of electronic notes it issued - be satisfied with the answer that it had no liability to them? Indeed, a bank cannot assume that by depositing all assets and liabilities that back electronic notes in the branded network bank, it is absolved of liability in all instances. This is the conclusion of the Task Force on Stored-Value Cards (1997), which reviewed the legal issues associated with e-money.
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