1. Overview
This Disclosure explains the structure of PayServices Bank's relationships with its affiliates, subsidiaries, sister companies, and other entities in the PayServices group, and how those relationships are governed under U.S. and non-U.S. banking, securities, and consumer-protection law. It is provided in addition to our Terms of Service and our Privacy Notice, and references the federal anti-tying disclosure described in the Equal Credit Opportunity Notice.
2. Why we operate through multiple entities
Modern financial services are subject to charter-specific regulatory restrictions. A state-chartered depository institution like PayServices Bank operates under one set of rules; a registered investment adviser under another; an insurance producer under another; a money-transmitter licensee in each U.S. state under another. No single charter, in any single jurisdiction, permits a single legal entity to offer the full range of financial services that customers may want.
To deliver a comprehensive customer experience while remaining strictly within the limits of each applicable charter, PayServices Bank operates as part of a corporate group. Different services are offered by different entities within the group, each licensed and supervised under the regulatory framework that applies to its specific activities and jurisdiction. This is the standard architecture of large U.S. and international financial-services groups, and it is expressly permitted under U.S. law.
3. What PayServices Bank itself does (and does not) offer
PayServices Bank is an Idaho state-chartered depository institution, supervised by the Idaho Department of Finance. PayServices Bank itself directly offers:
- Demand deposit accounts and other transaction accounts;
- Payment services (peer-to-peer, peer-to-business, business-to-business, and government payments) on the PayServices Network;
- Cross-border transfer services in conjunction with correspondent banks;
- The ITAM Digital Passport for KYC and compliance;
- Identity-only debit credentials (Cards) used to authenticate customers and authorize electronic credit transfers.
PayServices Bank itself does not directly offer:
- Loans, lines of credit, credit cards, or other extensions of credit;
- Investment products (securities, mutual funds, brokerage, advisory services);
- Insurance products;
- Interest-bearing deposit accounts (because PayServices Bank does not invest customer deposits — see the Deposit Insurance Disclosure);
- FDIC-insured deposit products (because PayServices Bank is not federally insured — see the Deposit Insurance Disclosure).
4. What affiliates, subsidiaries, and sister companies may offer
Other entities in the PayServices group may, where licensed and authorized in their applicable jurisdiction, offer financial products and services that PayServices Bank itself does not offer directly, including:
- Lending and credit products (under the licenses of the affiliate offering them);
- Investment products (offered by a registered investment adviser, broker-dealer, or equivalent affiliate);
- Insurance products (offered by a licensed insurance producer affiliate);
- Interest-bearing deposit accounts;
- FDIC-insured deposit accounts (offered by an affiliate that is itself an FDIC-insured depository institution, or by a partner bank on the PayServices Network);
- Trust, fiduciary, and custody services;
- Foreign-exchange and treasury services (offered by an affiliate licensed for that activity);
- Other services that are subject to charters or licenses different from PayServices Bank's.
Where any such product is offered to you, the entity offering it (not PayServices Bank) is the regulated provider for purposes of the applicable law, and the disclosures, terms, and consumer-protection rights that apply to that product are governed by that entity's regulatory framework.
5. Other banks on the PayServices Network
The PayServices Network is an interconnected network of regulated financial institutions. Other banks on the Network — not affiliates of PayServices Bank, but participants in the same payment infrastructure — may offer products that PayServices Bank itself does not offer. For example:
- Other banks on the Network may offer FDIC-insured deposit accounts. Where this is the case, it will be clearly identified in the ITAM application, the FDIC-insured status will be referenced, and the deposit-insurance arrangement will be governed by the disclosures of the holding institution — not by those of PayServices Bank.
- Other banks on the Network may offer interest-bearing accounts, lending products, or any other services for which they are chartered and supervised.
- Where you hold an account at a Network bank other than PayServices Bank, the terms and disclosures of that other bank govern that account, as described in Terms of Service Section 8.
6. Use of laws from different jurisdictions
It is customary, in U.S. and international financial-services groups, for different legal entities in the group to be domiciled, licensed, or chartered under the laws of different jurisdictions, in order to make the broadest range of services available to customers in compliance with applicable law. The PayServices group follows this customary approach. PayServices Bank is chartered in Idaho; affiliated entities may be chartered, licensed, or registered in other U.S. states, in EU member states, in Africa, in Latin America, in Asia, or elsewhere, depending on the services they offer and the customers they serve.
This structure does not mean that any service is offered to you outside the protection of applicable law. To the contrary: each service is offered by an entity that is licensed and supervised for that specific service in that specific jurisdiction. The structure is designed to maximize the legal and regulatory protection that applies to your relationship with the relevant entity, by ensuring that the offer of each service comes from an entity that is fully compliant with the law of the jurisdiction whose law applies.
7. How affiliate relationships are governed
Transactions and arrangements between PayServices Bank and its affiliates are subject to the federal restrictions on affiliate transactions in Sections 23A and 23B of the Federal Reserve Act (12 U.S.C. §§ 371c, 371c-1), to the extent applicable, and to the analogous provisions of the Idaho Bank Act. These laws limit the amount, form, and pricing of transactions between an insured (or, in our case, state-chartered) depository institution and its affiliates, and require that such transactions be on terms substantially the same as, or at least as favorable to the bank as, those prevailing for comparable transactions with non-affiliated parties.
PayServices Bank maintains internal policies and procedures designed to ensure that affiliate transactions comply with these requirements. PayServices Bank does not lend to or invest in its affiliates with customer deposits (since it does not invest customer deposits at all — see the Deposit Insurance Disclosure), but other affiliate dealings (such as service-sharing, brand licensing, and intercompany operating support) are subject to the framework described above.
8. Anti-tying notice
PayServices Bank does not condition the availability or terms of any product or service it offers on your purchase of any other product or service from PayServices Bank or from any affiliate, except as expressly permitted by Section 106(b) of the Bank Holding Company Act Amendments of 1970 (12 U.S.C. § 1972). Affiliates of PayServices Bank do not condition the availability of their products on your becoming or remaining a PayServices Bank customer beyond what is permitted by that law. Customers are free to use products from any provider of their choice, including providers outside the PayServices group and outside the PayServices Network.
9. Affiliate-marketing notice (FCRA § 624)
Under section 624 of the Fair Credit Reporting Act (15 U.S.C. § 1681s-3), an affiliated entity may use information you provide to PayServices Bank to market its own products or services to you, subject to your right to opt out of such use.
You may opt out of affiliate marketing at any time by contacting info@payservices.com or via the privacy settings in the ITAM application. Your opt-out will be effective for at least five years.
10. How to identify which entity you are dealing with
Whenever you interact with a product or service offered by an entity other than PayServices Bank, that entity will be clearly identified in the ITAM application before you enter into the relationship. The disclosures, terms, and disclosures of that entity will be presented to you, and your acceptance of the relevant terms will be collected before any transaction occurs.
11. Contact us
For questions about the structure of the PayServices group or about which entity offers a particular product:
PayServices Bank — Legal
950 W Bannock Street, Suite 1100
Boise, Idaho 83702-6140
United States
info@payservices.com