First Data 2009 Annual Report Download - page 15

Governance Compensation and Nominations Committee Charter, Technology and Investments Committee
Charter, and Code of Conduct for Senior Financial Officers are available without charge through the “About First
Data”, “Investor Relations”, “Corporate Governance” portion of the Company’s web site, listed above, or by
writing to the attention of Investor Relations at the address listed above.
Executive Officers of the Company
See Item 10 of this Form 10-K.
Government Regulations
Various aspects of the Company’s service areas are subject to U.S. federal, state and local regulation, as
well as regulation outside the U.S. Failure to comply with regulations may result in the suspension or revocation
of licenses or registrations, the limitation, suspension or termination of service, and/or the imposition of civil and
criminal penalties, including fines. Certain of the Company’s services also are subject to rules promulgated by
various payment networks, such as Visa, MasterCard and Discover, as more fully described below.
Association and Network Rules
A number of the Company’s subsidiaries are subject to payment network rules of MasterCard, Visa and
other associations. First Data Loan Company Canada (“FDLCC”) is a member of MasterCard and Visa and First
Data Cono Sur, S.A. is a member of MasterCard in Argentina and Uruguay and both subsidiaries are subject to
the rules of such associations. First Data Canada Merchant Solutions ULC is a member of Interac and subject to
its rules and First Data Global Services Limited is a subscriber to PULSE and is therefore subject to rules
applicable to its members. First Data Resources, LLC, First Data Merchant Services Corporation, FDRL, First
Data Deutschland, First Data Hellas Processing Services and Holdings S.A., First Data Latvia, First Data
Lithuania, First Data Polska S.A., First Data Slovakia, First Data Austria, First Data Resources Australia Limited
(“FDRA”), BWA Merchant Services Pty Limited (“BWAMS”), Omnipay Limited, First Data Acquisition Corp.,
First Data Merchant Services Mexico, S. de R.L. de C.V., First Merchant Service GmbH, AIB Merchant
Services, European Merchant Services, BNL Positivity, Merchant Solutions Private Limited (as incorporated in
Singapore, Hong Kong, Bangladesh and Sri Lanka), Merchant Solutions Private (Macau) Limited, Merchant
Solutions Sdn Bhd, POS Merchant Solutions (B) Sdn Bhd, POS Merchant Solutions Private Limited, Merchant
Solutions (Shanghai) Consulting Co. Ltd and STAR Network are registered with Visa and/or MasterCard as
service providers for member institutions and application for the registration of ICICI Merchant Services Private
Limited has been made. In those situations where the Company serves as a service provider to member
institutions, the Company is not an issuer or an acquirer under Visa’s and MasterCard’s rules.
Various subsidiaries of the Company are also processor level members of numerous debit and electronic
benefits transaction (“EBT”) networks, such as Star Networks, Inc., Star Processing Inc., First Data Merchant
Services Corporation, and Concord Transaction Services, LLC, or are otherwise subject to various network rules
in connection with processing services and other services they provide to their customers and a number of the
Company’s subsidiaries are providing processing and other services related to ATM deployment to customers.
As such, the Company is subject to applicable card association, network and national scheme rules, which could
subject the Company to a variety of fines or penalties that may be levied by the card associations, banking
associations or networks for certain acts and/or omissions by the Company, its sponsorees, acquirer customers,
processing customers and/or merchants. The Company mitigates this risk by maintaining an extensive card
association and network compliance function. The Company is also subject to network operating rules
promulgated by the National Automated Clearing House Association relating to payment transactions processed
by the Company using the Automated Clearing House Network and to various state and Federal laws regarding
such operations, including laws pertaining to EBT.
Cashcard Australia Limited (“Cashcard”) is a member of the Australian Consumer Electronic Clearing
System (“CECS”), which is a debit payment system regulated by network operating rules established and
administered by Australian Payments Clearing Association Limited and which facilitates the clearing and
15