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One of the most crucial things for all businesses is taking their customer’s payments. As an online business, you will rely on electronic methods for your online customers to pay for your products. A fundamental way for your online customers to purchase from your online platform is by accepting card payments. You may also allow your regular customers to pay by direct debit or standing order. However, if you do take card payments for your online payments or services, you will need an Internet Merchant Account (IMA). For example, PayPal, Shopify or Worldpay could be your eCommerce merchant account. There are legal requirements for this. This article will explain the legal requirements for obtaining an internet merchant account for your eCommerce business.
What is an Internet Merchant Account?
An internet merchant account is one of four types of merchant funds. It is a holding or current account. The account allows your eCommerce business to process customers’ payments where they make card payments for your online products or services. It does this by processing your card payments, such as credit card and debit card transactions, and then transferring the money from your online sale into your business bank account. Each time the merchant account does this, it will take a processing fee, such as a transaction charge. They will also charge you a setting-up fee.
An internet merchant account requires the use of an eCommerce gateway or payment gateway and is not a standard bank account. There are many types of internet merchant accounts available for online businesses, and the fees for each will vary.
You may wonder what the point is in a merchant account. A merchant account is necessary when you take card payments from your online customers because their banks must authorise their online transactions. It is a method of validating your customer’s payments. This allows for:
- assurance that your customer has the money to purchase from you; and
- protection for you as an eCommerce business from fraud.
Once authorisation is complete, your merchant account can process the payments. It will usually take up to three working days for funds from your online sale to go to your business bank account.
Legal Requirements to Obtain an Internet Merchant Account
To obtain an internet merchant count for your eCommerce business, you must fill in an application form with the merchant account provider. This requires fulfilling some legal requirements and we explain these below.
1. Credit History
One of the most crucial legal requirements for your eCommerce business for obtaining an internet merchant account is to have a positive credit rating. Good credit will mean you are far more likely to be accepted for an internet merchant account for your online brand. Therefore, the merchant provider will look at your credit history.
The merchant provider will look at how you have repaid previous credit facilities such as loans. They will also look at any defaults you may have on your credit record. It is, therefore, worth checking with a credit reporting agency about the credit status of your online business. For example, if there is a mistake, you can clear it before you obtain an internet merchant account.
Whilst a good credit rating is the primary legal requirement for obtaining an internet merchant account, if yours is poor, it does not always mean you will not be able to obtain a merchant account. Minor credit issues may not be a legal issue, but they may mean your charges from the merchant provider are higher until you establish a good record with them.
The internet merchant provider will also want critical financial information from you, such as your:
- business account details; and
- financial business statements, such as bank statements and profit and loss statements.
2. Contract With the Internet Merchant Account Provider
Once you find an internet merchant provider you wish to work with, you must sign a contract to obtain an internet merchant account. This legal requirement is a standard one you would expect with any other business your eCommerce business chooses to work with. You must read the internet merchant provider’s terms and conditions to ensure you understand what you are signing up for. One critical legal point to look out for is the length of the contract. Internet merchant providers often try to keep you tied to them for 18 months.
3. High-Risk Products
If you have an internet merchant account for your eCommerce business, you may need a specialist merchant account for high-risk businesses. This is where you sell high-risk products online. This includes, for example:
- cigarettes;
- medicine; and
- alcohol.
This is because when you sell high-risk products, you will want protections such as chargeback protection.
This checklist will help you identify areas in your business that may need further protection or assistance to ensure you are legally compliant.
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Key Takeaways
As an eCommerce business, to take card payments from your online customers, you need an internet merchant account. This is a holding account to take your customer’s credit and debit card customer’s translations. However, there are key legal requirements you must fulfil in order to obtain this account. The article states that the key legal requirement is a good credit rating. Without it, you may not open an internet merchant account or have higher fees to pay. It also explains that you will need to have a legal contract, which could tie you to the internet merchant provider for some time. Furthermore, if you have high-risk products, you may need a specialist merchant account.
If you need help understanding the legal requirements for obtaining an internet merchant account for your eCommerce business, contact our experienced eCommerce lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
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