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ARTICLE · 26 OCTOBER 2023

Interpreting The Scope Of 'Payment System Operator' Under The PMLA

In a landmark judgement, the Delhi High Court delivered a crucial verdict on the regulatory status of PayPal, the California-based online payment giant.

IndiaGovernment, Public Sector

The Delhi High Court's Landmark Decision in the PayPal Case and Its Implications for Fintech Regulation in India

I. Introduction

In a landmark judgement,1 the Delhi High Court delivered a crucial verdict on the regulatory status of PayPal, the California-based online payment giant. The court has categorically classified PayPal as a 'Payment System Operator' within the legal framework of the Prevention of Money Laundering Act (PMLA). This judgement alters the compliance landscape for PayPal and carries significant implications for the fintech sector. While affirming PayPal's Reporting Entity (RE) status, the court simultaneously quashed a substantial monetary penalty, deeming it 'unjustified' in light of PayPal's cooperation and bona fide belief regarding its regulatory obligations. In this article, we delve into the legislative background, the intricacies of the judgement, and its impact on PayPal operations and the fintech industry as a whole.

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