1. The money transfer operator carries out the transfer of funds according to the order of the client (payer or recipient of funds), executed within the framework of the applicable form of non-cash payments (hereinafter referred to as the client’s order).
2. The transfer of funds is carried out at the expense of the payer’s funds located in his bank account or provided by him without opening a bank account.
3. Transfer of funds is carried out within the framework of the applicable forms of non-cash payments by crediting funds to the bank account of the recipient of funds, issuing cash to the recipient of funds, or accounting for funds in favor of the recipient of funds without opening a bank account when transferring electronic funds.
4. Depositing cash into your bank account or receiving cash from your bank account from one money transfer operator does not constitute a money transfer.
5. Transfer of funds, with the exception of transfer of electronic funds, is carried out within no more than three working days starting from the day funds are written off from the payer’s bank account or from the day the payer provides cash for the purpose of transferring funds without opening a bank account.
6. In carrying out the transfer of funds, along with the money transfer operator serving the payer and the money transfer operator serving the recipient of funds, other money transfer operators (hereinafter referred to as transfer intermediaries) may participate.
7. Unless otherwise stipulated by the applicable form of non-cash payments or federal law, the irrevocability of a funds transfer, with the exception of electronic money transfers, begins from the moment funds are written off from the payer’s bank account or from the moment the payer provides cash for the purpose of transferring funds without opening a bank account.
8. The unconditionality of the transfer of funds occurs at the moment of fulfillment of the conditions specified by the payer and (or) recipient of funds or other persons for the transfer of funds, including the implementation of a counter transfer of funds in another currency, counter transfer of securities, presentation of documents, or in the absence the specified conditions.
9. If the payer of funds and the recipient of funds are served by one money transfer operator, the finality of the funds transfer, with the exception of electronic money transfers, occurs at the moment the funds are credited to the bank account of the funds recipient or the recipient of the funds is provided with the opportunity to receive cash funds.
10. If the payer of funds and the recipient of funds are served by different money transfer operators, the finality of the funds transfer occurs at the moment the funds are credited to the bank account of the money transfer operator serving the recipient of funds, taking into account the requirements of Article 25 of this Federal Law .
11. When transferring funds, the obligation of the money transfer operator serving the payer to the payer terminates at the moment of its finality.
The Regulation “On the Rules for Transferring Funds,” issued by the Bank of Russia at the end of June, applies to all forms and types of non-cash payments, including even checks and letters of credit that are far from NPS.
We are talking about the Regulation of the Central Bank of the Russian Federation dated June 19, 2012 No. 383-P (hereinafter referred to as Regulation No. 383-P), published in the “Bulletin of the Bank of Russia” on June 28, 2012 No. 34.
The document came into force 10 days from the date of official publication, that is, July 9, 2012; its individual provisions come into force at different times.
From the same date - July 9, 2012 - the main regulatory acts of the Bank of Russia that previously regulated non-cash payments are declared invalid:
— Regulation of the Central Bank of the Russian Federation dated October 3, 2002 No. 2-P “On non-cash payments in the Russian Federation” (hereinafter referred to as Regulation No. 2-P);
— Regulation of the Central Bank of the Russian Federation dated April 1, 2003 No. 222-P “On the procedure for making non-cash payments by individuals in the Russian Federation” (hereinafter referred to as Regulation No. 222-P).
Since these documents played a very important - if not fundamental - role in the activities of any Russian credit organization, we can safely say that changes in the legislation on non-cash payments will require banks to carefully and scrupulously rework many internal provisions. In this case, it will be necessary to take into account the requirements not only of the new Regulation No. 383-P, but also of all legislative and regulatory acts governing the national payment system.
General provisions
As the name of the new document suggests, its main subject is not cashless payments, but money transfers. However, upon closer examination, it turns out that various forms of non-cash payments are reflected in Regulation No. 383-P. Which, in general, is logical, since the previously valid Regulations No. 2-P and No. 222-P lose force, and the Bank of Russia did not issue other documents on non-cash payments.
Funds transfers are carried out within the framework of the following forms of non-cash payments (clause 1.1 of Regulation No. 383-P):
— settlements by payment orders;
— settlements under a letter of credit;
— settlements by collection orders;
- payments by checks;
— direct debit (settlements in the form of transfer of funds at the request of the recipient of funds);
— settlements in the form of electronic money transfer.
With the very first paragraph of Chapter 1 “General Provisions,” the regulator introduces a new concept for the field of non-cash payments—an order to transfer funds. Such an order may be drawn up:
— payers of funds;
— recipients of funds;
— fund collectors (persons or bodies who have the right, on the basis of law, to submit orders to the bank accounts of payers).
At the same time, the collectors of funds may be recipients of funds (or may, accordingly, not be).
The list of methods by which funds can be transferred through bank accounts or bypassing them looks quite unexpected. The regulator considered that transfers - a seemingly exclusively non-cash payment method - may include elements of cash payments, including:
— debiting funds from bank accounts of payers and issuing cash to recipients of funds - individuals;
— acceptance of cash, order of the payer - an individual and crediting of funds to the bank account of the recipient of funds;
- and even the acceptance of cash, the order of the payer - an individual and the issuance of cash to the recipient - an individual.
In the latter case, obviously, non-cash payments are completely irrelevant.
The transfer of funds can be carried out in the “reverse sequence”: first, the recipient’s bank executes the order, and then the payer’s bank reimburses the funds paid to the recipient in accordance with the agreement. This payment scheme has traditionally been used before for settlements using uncovered (guaranteed) letters of credit.
The transfer of funds can be carried out with the participation of an intermediary bank that is not the payer’s bank or the recipient’s bank (also a widespread practice when making payments using letters of credit).
Internal documents
According to clause 1.8 of Regulation No. 383-P, credit institutions must approve internal documents containing:
— the procedure for drawing up orders;
— the procedure for performing the procedures for acceptance for execution, recall, return (cancellation) of orders;
— the procedure for executing orders;
— other provisions on the organization of activities of credit institutions to transfer funds.
These documents must be accepted within a year from the date of entry into force of Regulation No. 383-P (clause 10.3).
Let us recall that previously the Bank of Russia required its wards to have developed and approved Rules for constructing a settlement system of a credit organization (Regulation No. 2-P), including various aspects of settlements with other credit organizations and its own divisions (branches).
Until now, there has been no need to regulate relationships with clients regarding non-cash payments. With the exception of the procedure and conditions for carrying out transactions for transferring funds on behalf of individuals without opening a bank account, mentioned in clause 1.2.2 of Regulation No. 222-P.
In addition, the implementation of settlements (cash, non-cash) is included in the “List of main issues related to the implementation of internal control, on which a credit institution must adopt internal documents”, approved by the Regulation of the Central Bank of the Russian Federation dated December 16, 2003 No. 242-P “On the organization of internal control in credit institutions and banking groups.”
In any case, banking methodologists and specialized specialists will have to, if not develop a completely new one, then radically rework a package of internal documents that describe in detail the procedures for customer settlement services.
In addition, changes will be required to standard agreements for settlement services, bank account agreements, bank deposit agreements, as well as bank tariffs, since the names of many settlement transactions will change.
Internal documents cannot contain provisions that contradict the law, including Regulation No. 383-P; For some unknown reason, the regulator decided to present this obvious idea in the form of a separate clause.
Electronic money transfers
This is precisely the aspect of non-cash payments for which credit institutions will have to develop a regulatory framework almost from scratch.
This work should begin not even with a thorough study of the relevant sections of Regulation No. 383-P, but with the Federal Law of June 27, 2011 No. 161-FZ “On the National Payment System”. It is this document that introduces the definition of the most important terms relating to electronic money, as well as the basic rules for working with them. Regulation No. 383-P adds practically nothing new to the requirements of the law.
Banks can carry out transfers, including various conversions of e-money into traditional (cash, non-cash) funds and vice versa, including:
— transfers of funds to bank accounts;
— money transfers without opening bank accounts.
In the first case, transfers are carried out by debiting funds from the bank accounts of payers and increasing the EDS balance of recipients.
In the second case - when making transfers without opening bank accounts (with the sender of the payment) - the following options are possible:
- acceptance of cash, orders of the payer - an individual and increase in the balance of the recipient's e-money;
— reducing the payer’s e-money balance and crediting funds to the recipient’s bank account;
— reducing the balance of the payer’s e-money and issuing cash to the recipient of the funds - an individual;
— decrease in the balance of the payer’s EDS and increase in the balance of the payee’s EDS.
Orders for transfer of funds
The Bank of Russia uses the general term “orders” to designate all documents on the basis of which credit institutions carry out money transfers.
The most common forms of orders are:
- payment order;
- collection order;
— payment request;
- payment order.
The listed forms of orders are used within all forms of non-cash payments specified in clause 1.1 of Regulation No. 383-P.
The appendices to Regulation No. 383-P provide detailed descriptions and characteristics of these orders: a list and description of their details, forms of orders, details numbers, as well as the maximum number of characters in the details of orders drawn up in electronic form.
In addition to the four main forms of orders, other types of orders (let’s call them “non-standard”) can be used in banking practice, for which Regulation No. 383-P does not establish a list of details and forms. These orders:
- compiled by senders of orders (clients, fund collectors, banks) indicating the details established by the bank that allow the bank to transfer funds;
- compiled in accordance with the forms established by the bank or the recipient of funds in agreement with the bank;
- are used within the framework of non-cash payment forms provided for in clause 1.1 of Regulation No. 383-P;
- must contain names of orders that do not coincide with those listed above.
These rules, according to the idea of the Bank of Russia methodologists, apply:
- for applications, notifications, notices drawn up in cases provided for by Regulation No. 383-P;
— statements drawn up in accordance with federal law for the purpose of collecting funds;
— orders drawn up by a legal entity electronically or on paper to receive cash from the legal entity’s bank account if there are insufficient funds in its bank account.
In the latter case, perhaps we are talking about issuing wages to employees of an organization if it has a file of unpaid documents. Such an “order,” unlike a cash check (not to be confused with a settlement check!), the bank can place in the specified file cabinet until the necessary funds are received.
Thus, within the small range of existing forms of non-cash payments (there are only six of them), an unlimited number of forms of orders can be used except for the imagination of the parties involved in the process.
If a credit institution uses “non-standard” orders in its activities, then their forms, details and the procedure for working with them must be approved by internal documents.
Orders can be drawn up both electronically (including using electronic means of payment) and on paper.
“Standard” orders (four main forms: payment orders, collection orders, payment requests, payment orders), as well as bank orders are settlement (payment) documents.
The question of whether a bank order (a document, the procedure for drawing up and applying which is established by Instruction of the Central Bank of the Russian Federation No. 2360-U dated December 11, 2009 “On the procedure for drawing up and applying a bank order” (hereinafter referred to as Instruction No. 2360-U) is still an open question. This probably depends on the type of transaction: in some cases, a bank order can be just a settlement document drawn up on the basis of an order, and in others it can itself be an order. One way or another, banking methodologists will have to understand this - when developing a package of internal documents, dedicated to money transfers.
Forms of “non-standard” orders on paper should not exceed an A4 sheet. If the form of such an order consists of several sheets, then each sheet is drawn up in the manner established by the bank, taking into account the requirements of Regulation No. 383-P.
The number of copies of “non-standard” orders on paper is also established by the bank.
A credit institution itself may be the “sender of the order.” The Bank of Russia has provided this possibility for the following situations:
— debiting (crediting) funds from a bank account if the bank is the recipient of the funds (payer);
— transfer of funds without opening a bank account, including transfer of electronic funds if the bank is the recipient of the funds.
It can be assumed that the order (and at the same time the settlement document) in these cases is a bank order.
Chapters 2-4 of Regulation No. 383-P are devoted to transfer orders. They cover:
— procedures for accepting orders for execution;
— procedures for revoking orders;
— procedures for returning (cancelling) orders;
— the order of execution of orders;
— features of the implementation of procedures for accepting for execution orders of payment system participants;
— procedures for executing orders and the order of their execution.
It should be noted that the material in the indicated sections of Regulation No. 383-P is an excellent preparation for developing on its basis the relevant internal documents of the credit organization mentioned in clause 1.8.
We remind you that Chapter 3 “Features of the procedures for accepting for execution orders of payment system participants” comes into force on January 1, 2013.
...After a detailed description of the requirements for working with orders, the regulator moves on to individual forms of non-cash payments. And here his style becomes much more laconic - especially in comparison with the wording of the corresponding chapters of Regulation No. 2-P, which has sunk into oblivion.
However, the general concept of non-cash payments remains virtually unchanged.
Settlements by payment orders
As before, when making payments by payment orders, the payer’s bank undertakes to transfer funds through his, the payer’s, bank account or without opening a bank account (for payers - individuals) to the recipient of the funds specified in the payer’s order.
A payment order can also be used to transfer funds from a deposit account, taking into account the requirements established by federal law.
Like other types of orders, a payment order is drawn up, accepted for execution and executed electronically or on paper.
The validity period of this document has not changed either: the payment order is still valid for submission to the bank within 10 calendar days from the date of its preparation.
If the payer is a bank, the transfer of funds to the bank account of the client - the recipient of the funds can be carried out by the bank on the basis of a bank order drawn up by it. Moreover, according to Regulation No. 2360-U, the client’s account must be opened in the same bank (internal transaction).
If we are talking about transferring funds without opening a bank account for the payer - an individual, then the corresponding order on paper must indicate:
— payer details;
— details of the recipient of funds;
— bank details;
- transfer amount;
- purpose of payment.
Other information established by the credit institution or the recipient of funds in agreement with the bank may also be indicated.
An order to transfer funds without opening a bank account for the payer, an individual, can be drawn up in the form of an application.
The form of the order for the transfer of funds without opening a bank account of the payer - an individual on paper is established by the credit institution or the recipient of funds in agreement with the bank.
Based on the order to transfer funds without opening a bank account for the payer - an individual, the credit institution draws up a payment order.
All the nuances of filling out individual fields, previously present in the main text of the provisions on non-cash payments (Regulation No. 222-P was especially guilty of this), are now set out in the appendices to Regulation No. 383-P. We recommend paying special attention to the rules for filling out the details “Payer” and “Recipient” of a payment order (as well as a collection order and a payment request) - lines 8 and 16 of Appendix 1 to Regulation No. 383-P.
According to clause 5.8 of Regulation No. 383-P, an order for the transfer of funds without opening a bank account of the payer - an individual, transmitted using an electronic means of payment, must contain information allowing to identify the payer, recipient of funds, the transfer amount and the purpose of the payment. Such a requirement, apparently, could make illegal the practice of some banks of accepting funds for crediting them to the card accounts of bank clients through ATMs with a cash-in function without identifying the payer.
However, it is possible that banks will also have arguments in their defense: for example, the fact that the depositor of funds does not use a card - an electronic means of payment. To which the opposite (from the word “on the contrary”) party can object that the ATM itself is an electronic means of payment, because it is “a means or method that allows the client of the money transfer operator to draw up, certify and transmit orders for the purpose of transferring funds funds within the framework of the applied forms of non-cash payments using information and communication technologies, electronic storage media, including payment cards, as well as other technical devices”... But that’s a completely different story.
Based on the orders of payers - individuals, a credit institution can draw up a payment order for the total amount and send it to the recipient's bank, to the recipient of funds agreed with the recipient's bank, to the recipient of funds using the register or orders of payers - individuals.
When making payments by payment orders, “non-standard” orders provided for in clause 1.11 of Regulation No. 383-P may be used. In this case, obviously, only a payment (settlement) document drawn up on the basis of a “non-standard” order is used.
Settlements under a letter of credit
Chapter 6 “Settlements under a letter of credit” is the largest in volume and detailed in content among the sections describing various forms of non-cash payments. We will not consider it in detail within the framework of this article.
Among the innovations (compared to the no longer valid Regulation No. 2-P), the following positions can be noted.
Transfer of a letter of credit, changes in the terms of a letter of credit, statements, notices, notices and other exchange of information under a letter of credit can be carried out electronically using any means of communication that allow reliably identifying the sender. Of course, it is also possible to exchange information on paper.
Upon receipt of a letter of credit, changes in the terms of the letter of credit, applications, notices, notifications and other information on the letter of credit, the bank must fulfill all procedures for accepting orders for execution provided for by the Bank of Russia and internal documents (Chapter 2 of Regulation No. 383-P).
The details and form (on paper) of the letter of credit are established by the bank independently. The regulator establishes only a list of mandatory information that must be indicated in the letter of credit.
When executing an uncovered (guaranteed) letter of credit, the executing bank has the right not to execute the letter of credit until funds are received from the issuing bank, except in the case of confirmation of the letter of credit by the confirming bank.
Execution of a letter of credit is carried out by transferring funds by payment order of the executing bank to the bank account of the recipient of funds or by crediting the corresponding amount to the bank account of the recipient of funds with the executing bank.
Settlements by collection orders
Collection orders are applied:
— when paying for collection in cases provided for in the agreement;
- when making payments according to the orders of fund collectors.
The recipient of the funds may be a bank, including the payer's bank.
A collection order is drawn up, presented, accepted for execution and executed electronically or on paper.
The use of collection orders for collection payments is possible under certain conditions. Thus, the bank account agreement between the payer and the payer’s bank must contain the following conditions:
— on the debiting of funds from the payer’s bank account and the submission by the payer to the payer’s bank of information about the recipient of the funds who has the right to submit collection orders to the payer’s bank account;
— on the payer’s obligation and the main agreement, including in cases provided for by federal law.
Thus, when a bank client has new counterparties and contracts that provide for settlements by collection orders, each time there will be a need to conclude additional agreements to the bank account agreement (indicating in it information about the payer’s obligation and the main agreement).
The right to submit collection orders to the payer's bank account can be confirmed by the recipient of funds by submitting the relevant documents to the payer's bank. Which ones should be agreed upon between the payer of funds and his bank.
If the recipient of the funds is the payer's bank, the condition for debiting funds from the payer's bank account may be provided for in the bank account agreement and (or) another agreement between the payer's bank and the payer.
In this case, funds can be debited from the bank account of the payer client by the bank in accordance with the bank account agreement on the basis of a bank order (internal transaction).
In order to execute a “non-standard” order of the recoverer of funds, which is not a collection order and is presented directly to the payer’s bank, the said bank draws up a collection order.
The collection order of the collector of funds can be presented to the payer's bank through the recipient's bank.
A collection order submitted through the recipient's bank is valid for submission to this bank within 10 calendar days from the date of its preparation.
The recipient's bank, which has accepted a collection order for the purpose of collecting funds, is obliged to present the collection order to the payer's bank. For some reason, the Bank of Russia does not specify the timing of such presentation.
When making payments by collection orders, “non-standard” orders provided for in clause 1.11 of Regulation No. 383-P may be used.
Payments by checks
Regarding this form of payment, which is quite exotic today, the regulator was extremely laconic. It would probably be possible to do without this section altogether in Regulation No. 383-P, but you can’t erase words from the Civil Code, so we had to comply.
As a result, checks received several paragraphs, on the basis of which a bank wishing to work with them can develop internal rules, practically without limiting their fantasies: settlements with checks are carried out in accordance with federal law and agreement; the check must contain the details established by federal law, and may also contain details determined by the credit institution; the form of the check is established by the credit institution; the credit institution is obliged to verify the authenticity of the check, as well as that the bearer of the check is the person authorized by it; checks from credit institutions are used when transferring funds, with the exception of transfers of funds by the Bank of Russia.
There is not even a mention of whether the check can be issued electronically or only in paper form.
Let us add that the check in this case serves as an order, but not as a settlement (payment) document. Based on the check presented for payment, the credit institution must generate its settlement (payment order) or cash (cash order) document, thereby justifying the movement of funds.
Direct debit
And in this section, the requirements of the Bank of Russia are stated quite briefly.
Payments in the form of transfer of funds at the request of the recipient of funds (direct debit) are carried out in the manner established by federal law, in accordance with the requirements of chapters 1, 2 and 4 of Regulation No. 383-P.
The recipient of the funds may be a bank, including the payer’s bank (for example, in the case when a direct debit is used to repay the borrower’s debt on a loan from his bank).
When making non-cash payments in the form of transfer of funds at the request of the recipient of funds, the following applies:
— payment request;
- other (“non-standard”) order of the recipient of funds.
It should be noted that collection orders are not used with this payment method, despite their external similarity to payment requests.
It is interesting that the Bank of Russia did not indicate the need for the payer’s bank to draw up a settlement document (payment request) upon receipt of a “non-standard” order when making payments by direct debit, as is provided for when making payments by collection orders.
If the recipient of the funds is a bank, funds can be written off from the bank account of the payer client, subject to the payer’s acceptance given in advance, by the bank in accordance with the bank account agreement on the basis of a bank order drawn up by the bank.
The payment request is drawn up, submitted, accepted for execution and executed electronically or on paper.
The payment request can be submitted to the payer's bank through the recipient's bank or directly to the payer's bank.
A payment request submitted through the recipient's bank is valid for submission to the recipient's bank within 10 calendar days from the date of its preparation.
Conclusion
A new regulatory act of the Bank of Russia regulating transfers has just come into force, and therefore it is too early to talk about its practical applicability. However, we can say with confidence that clarifications, changes and additions to Regulation No. 383-P will not keep you waiting: quite a lot of nuances of non-cash payments remain undisclosed. At the same time, the topic of the document concerns not only all credit institutions in Russia, but also their clients - organizations and individuals.
In addition, the legislation on the national payment system itself will undergo changes in the near future; which means that by-laws, including those issued by the Bank of Russia, will also not avoid this fate.
Therefore, we will probably return to this topic later.
In the meantime, credit institutions should focus on internal documentation: monitoring contracts with clients for their compliance with the new requirements of the Bank of Russia and developing internal documents on non-cash payments.
This Regulation has been developed on the basis
- - Federal Law of June 27, 2011 N 161-FZ “On the National Payment System”,
- - Federal Law of July 10, 2002 N 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”,
- - Federal Law “On Banks and Banking Activities” (as amended by Federal Law No. 17-FZ of February 3, 1996)
- - and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated June 15, 2012 No. 11)
establishes the rules for the transfer of funds by the Bank of Russia, credit organizations (hereinafter collectively referred to as banks) on the territory of the Russian Federation in the currency of the Russian Federation.
Banks transfer funds through bank accounts and without opening bank accounts
within the framework of the applicable forms of non-cash payments, compiled by:
- - payers,
- - recipients of funds,
- - persons, bodies entitled, on the basis of law, to submit orders to the bank accounts of payers (collectors of funds),
- - banks.
Transfer of funds is carried out within the framework of the following forms of non-cash payments:
- - settlements by payment orders;
- - settlements under a letter of credit;
- - settlements by collection orders;
- - payments by checks;
- - settlements in the form of transfer of funds at the request of the recipient of funds (direct debit);
- - settlements in the form of electronic money transfer.
Payers and recipients of funds are clients
- - legal entities,
- - individual entrepreneurs,
- - individuals engaged in private practice,
- - individuals,
- - banks.
Collectors of funds may be recipients of funds. According to the orders of the recoverers of funds, including enforcement authorities, tax authorities, the recipient of funds may also be the body to which, in accordance with federal law, the collected funds are transferred.
Banks transfer funds to bank accounts through: current account bank cash
debits from payers' accounts and credits to recipients' accounts;
debiting from payers' accounts and issuing cash to recipients - individuals;
Transfers of funds are carried out by banks according to orders (from senders of orders)
- - clients (legal entities, individual entrepreneurs, individuals engaged in private practice, individuals),
- - collectors of funds,
- - banks
in electronic form, including using electronic means of payment, or on paper.
The list and description of the details of orders - payment order, collection order, payment request, payment order are given in Appendices 1 and 8 to these Regulations. These orders are applied within the framework of non-cash payment forms provided for in paragraph 1.1 of these Regulations.
Forms of payment order, collection order, payment request, payment order on paper are given in Appendices 2, 4, 6 and 9 to these Regulations.
Payment orders, collection orders, payment requests, payment orders, bank orders are settlement (payment) documents.
Procedures for acceptance for execution, recall, return (cancellation) of orders and the procedure for their execution
Procedures for accepting orders for execution include:
certification of the right to dispose of funds (certification of the right to use an electronic means of payment) - verification of signatures;
control of the integrity of orders - in electronic form - checking the immutability of the order details, on paper - checking the absence of changes (corrections) made to the order;
structural control of orders - in electronic form - checking the established details and the maximum number of characters in the order details, on paper - checking the compliance of the order with the established form;
control of the values of order details - checking their admissibility and compliance; control of the sufficiency of funds.
Cash sufficiency control
If sufficient, orders are subject to execution in the sequence of receipt of orders by the bank and receipt of acceptance from the payer.
When operations are suspended, orders are placed in a queue of orders awaiting permission to carry out operations.
If insufficient, the orders are not accepted by the bank for execution and are returned (cancelled) to the senders of the orders no later than the business day following the day the order was received or the day the payer’s acceptance was received, with the exception of:
orders on the transfer of funds to the budgets of the budget system of the Russian Federation, as well as orders of the same and previous priority for writing off funds from a bank account established by federal law;
orders of fund collectors;
orders accepted by the bank for execution or presented by the bank in accordance with the agreement.
The specified orders accepted for execution are placed by the bank
- - in the queue of orders not executed on time
- - and execution of orders on time and in the order of priority for debiting funds from a bank account, which are established by federal law.
When operations on an account are suspended, orders that are in the queue are placed in a queue awaiting permission to carry out operations. When the suspension of operations is cancelled, orders are subject to execution if there are sufficient funds in the payer's account or are placed in the queue of orders not executed on time if there are insufficient funds in the payer's account in the sequence of placing orders in the queue before the suspension of operations on the payer's bank account.
Procedures for executing orders and the order of their execution
Procedures for executing orders include:
execution of orders in the manner established by banks, by debiting funds from the payer’s bank account, crediting funds to the recipient’s bank account, issuing cash to the recipient of funds, or recording information about completed electronic money transfers;
partial execution of orders;
confirmation of execution of orders.
1. Receipt of funds to settlement (current) accounts of clients.
2. The bank received documents confirming the intended purpose of the funds to be credited to the account.
Answer: Dt 47416 (“Amounts received to the correspondent account before clarification”)
Kt (Recipient's current account.)
3. The bank received an extract from the cash settlement center about the withdrawal of the amount of cash support from the correspondent account.
Answer: Dt 20209 (“Cash in transit”)
Kt 30102 ("Correspondent accounts of credit institutions.")
Task 3.
1. Forms of non-cash payments (settlements by payment orders; payments under a letter of credit; payments by collection orders; payments by checks).
Settlements by payment orders.
Analyzing non-cash payments carried out through the banking system, we can confidently say that more than 80% of non-cash payments are made by payment orders. Payment by payment order is the simplest, most convenient, and fairly reliable form of payment. And most importantly, you yourself made the decision to pay and paid. I paid as much as I wanted and where I wanted. And the main thing here is to avoid mistakes when filling out the details in the payment order, otherwise the money will not reach the addressee.
A payment order is an order from the account owner (payer) to the bank servicing him to transfer a certain amount of money to the recipient's account, documented by a settlement document. The payment order is drawn up on a standard form.
Settlements under letters of credit.
Letter of credit payment form
Letter of credit form of payment. The letter of credit form of payment is more profitable for the exporter. A letter of credit is an order from a bank (or other credit institution) to make, at the client’s request, payment for documents in favor of a third party - the exporter (beneficiary), subject to the fulfillment of certain conditions. In addition, a letter of credit can provide a short-term loan, subject to the bank’s consent to record (purchase) documents. The letter of credit form of payment consists of the following main points.
The exporter and importer enter into a contract for the supply of goods or services, indicating that payments will be made in the form of a letter of credit. The importer applies to his bank (issuing bank) with an application to open a letter of credit in favor of the exporter. The issuing bank sends a letter of credit to one of the banks in the exporter's country with which it maintains a correspondent relationship (advising bank), instructing it to transfer the letter of credit to the exporter.
After receiving (a copy of) the letter of credit, the exporter ships the goods and, in accordance with the terms of the letter of credit, submits the required documents to the bank specified in the letter of credit (this may also be the advising bank), which forwards them to the issuing bank. The issuing bank checks the correctness of the documents and makes payment for them. After transferring money to the advising bank, the issuing bank issues documents to the importer. The advising bank credits the funds received from the issuing bank to the exporter's account, and the importer receives the goods.
However, in accordance with the terms of the letter of credit, payment for the documents submitted by the exporter can be made not only by the issuing bank, but also by another bank specified in the letter of credit (executing bank). In this case, the executing bank (it may also be the advising bank), after paying for the documents submitted by the exporter, demands reimbursement of the payment made from the issuing bank.
International payments in the form of a documentary letter of credit can be represented by the following scheme:
- 1. Conclusion of a contract, which states that the parties will use a letter of credit form of payment.
- 2. Notification of the importer about the preparation of goods for shipment.
- 3. Submission by the importer of an application to his bank to open a letter of credit with a precise indication of its conditions.
- 4. Opening of a letter of credit by the issuing bank (executing bank) and sending it to the exporter (beneficiary) through the bank, as a rule, servicing the beneficiary, which (bank) notifies (advises) the latter about the opening of the letter of credit.
- 5. Verification by the advising bank of the authenticity of the letter of credit and its transfer to the beneficiary.
- 6. Checking by the beneficiary of the letter of credit for its compliance with the terms of the contract and, if agreed, shipment of the goods within the established time frame.
- 7. Receipt by the beneficiary of transport (and other documents required under the terms of the letter of credit) documents from the carrier.
- 8. Submission by the beneficiary of documents received from the carrier to his bank.
- 9. Checking by the exporter’s bank of documents received from the beneficiary and sending them to the issuing bank for payment, acceptance (agreement to payment or guarantee of payment) or negotiation (purchase).
- 10. Verification by the issuing bank of received documents and (if all conditions of the letter of credit are met) transfer of the payment amount to the exporter.
- 11. Debiting the importer's account by the issuing bank.
- 12. Crediting of proceeds to the beneficiary’s account by the advising bank.
13. Receipt by the importer-orderer of documents from the issuing bank and taking possession of the goods.
Banks charge higher fees for letter of credit payments because they are complex and costly.
Settlements by collection orders
A collection order is a settlement document on the basis of which funds are written off from payers' accounts in an indisputable manner.
Collection orders are used in the following cases:
- 1) when an indisputable procedure for the collection of funds is established by law, including for the collection of funds by bodies performing control functions;
- 2) penalties based on executive documents;
- 3) in cases provided for by the parties to the agreement, subject to the provision of the bank servicing the payer with the right to write off funds from the payer’s account without his order.
The bank, within three days from the date of receipt from the claimant or bailiff - executor of the collection order with the attached writ of execution, executes the collection order.
Responsibility for the legality of issuing a collection order and the correctness of indicating the basis for collecting funds lies with the recipient (collector) of the funds.
Banks suspend the write-off of funds indisputably in the following cases: by decision of the body exercising control functions in accordance with the law; if there is a judicial act on suspension of collection; on other grounds provided by law.
Payments by checks
A check is a security containing an unconditional order from the drawer to the bank to pay the amount specified in it to the check holder. The drawer is a legal entity that has funds in the bank, which he has the right to dispose of by issuing checks, the check holder is the legal entity in whose favor the check was issued, the payer is the bank in which the drawer's funds are located.
The drawer is the person who wrote the check.
Check holder - the person in possession of the check issued.
Payer - the bank making payment on the presented check.
To receive checks, a legal entity submits an application to the bank to receive checks. If necessary, along with the application, a payment order is submitted for depositing funds on a separate personal account of the check drawer 40903 “Funds for payments by checks, prepaid cards” (P). The amount of funds deposited from the corresponding current account is credited to this account. The check must be presented to the bank for payment within 10 days, not counting the day of its issue.
Before issuing checks to clients, credit institutions are required to fill out checks by marking them with:
- - the name of the credit institution and its location at the top of the check;
- - credit institution number at the bottom of the check;
- - the personal account number of the drawer at the bottom of the check;
- - the name of the drawer - a legal entity, his account number in the lower left part of the check;
- - the maximum amount for which a check can be issued (on the back of the check), in numbers and in words;
- - seal and signatures of officials of the credit institution.
Make accounting entries:
1. Accounting for amounts of settlement documents not paid on time in the absence or insufficiency of funds in the payer’s account and when the payment order is fully paid.
Answer: Dt 90902 (“Settlement documents not paid on time”)
Kt 99999. (“Account for correspondence with active accounts with double entry.”)
2. Payment cannot be executed due to lack of funds in the correspondent account.
Answer: Dt 405, 406 (Customer current accounts)
Kt 47418 “Funds written off from customer accounts, but not posted to a correspondent account”
3. The client paid the cost of the checkbook according to the receipt order at the bank's cash desk.
Answer: Dt 20202 (“Cash desk of credit institutions”)
Kt 70107 (“Bank income” (other income)
I.V. Kerensky (2012) notes that on July 9, Bank of Russia Regulation No. 383-P dated June 19, 2012 “On the rules for transferring funds” (hereinafter referred to as the Transfer Regulations) came into force. It will replace the Regulations of the Bank of Russia dated October 3, 2002 No. 2-P “On non-cash payments in the Russian Federation” (hereinafter referred to as the Regulations on non-cash payments), with the exception of II and Appendices 25-33, as well as Regulations of the Bank of Russia dated April 1, 2003 No. 222-P “On the procedure for making non-cash payments by individuals in the Russian Federation” (hereinafter referred to as the Regulations on non-cash payments by individuals).
The transfer regulations establish the rules for the transfer of funds by the Bank of Russia and credit organizations on the territory of Russia in Russian currency. It reflects the changes that have occurred in Russian legislation as a result of the adoption of Federal Law No. 161-FZ of June 27, 2011 “On the National Payment System” (hereinafter referred to as the Law on the Payment System).
Most of the provisions of the Transfer Regulations came into force on July 9, with the exception of Ch. 3 (“Features of the implementation of procedures for accepting for execution orders of payment system participants”) and requirements for the maximum number of characters in settlement documents compiled in electronic form. These rules come into force later: from January 1, 2013 and from April 1, 2013.
The Regulations on Translation combine rules on the implementation of translations by both individuals and legal entities. Most of the rules are now the same for all categories of payers and recipients, however, for some cases a special regulatory procedure has been established, which is directly stated in the rules of the Regulation. For example, only individuals can be payers when transferring funds without opening a bank account, with the exception of transfers of electronic funds (clause 1.4 of the Transfer Regulations).
The Transfer Regulations establish the rules for making money transfers based on orders submitted both on paper and electronically.
The peculiarity of the Transfer Regulations is that it contains uniform rules for the acceptance and processing of all orders for the transfer of funds. The bank's procedure does not depend on the type of settlement (payment) document that the bank receives.
Settlement (payment) documents in accordance with clause 1.12 of the Transfer Regulations include:
money orders;
collection orders;
payment requirements;
payment orders;
bank orders.
For comparison: in the Regulations on non-cash payments, payment orders, letters of credit, checks, payment requests and collection orders were recognized as payment documents (clause 2.3, chapter 2, part I of the Regulations on non-cash payments).
In accordance with the Transfer Regulations, payers can stipulate in an agreement with the bank the opportunity to use orders with registers of recipients to make transfers in favor of not only individuals, but also any other recipients (clause 1.17 of the Transfer Regulations). In addition, the recipient of funds now also has the right to draw up orders containing a register of several payers (clause 1.18 of the Transfer Regulations). An agreement with a bank may stipulate that an order with a register of recipients (payers) can be drawn up to transfer funds both to persons who are clients of the same bank and to persons served by different banks.
The ability to transfer funds in the total amount by payment order with the compilation of a register was provided for in the Regulations on non-cash payments by individuals. It stated that if one legal entity sends a payment order to the bank to transfer funds to several individuals, for example, to pay wages (clause 1.1.15 of the Regulations on non-cash payments of individuals), it can draw up a payment order and use the register in which all individuals, details of their accounts, amounts to be credited to their accounts should be indicated. In this case, all individuals must be clients of the same bank.
Payers and recipients of funds in accordance with the Transfer Regulations can draw up an order for the transfer of funds, which will be executed both once and periodically (clauses 1.15 and 1.16 of the Transfer Regulations). Previously, this opportunity was available to individual payers when making payments using payment orders (clause 2.4 of the Regulations on non-cash payments by individuals). Payers - legal entities and individual entrepreneurs could make periodic payments by payment orders in accordance with the terms of the payer's agreement with its counterparties (clause 3.3, chapter 3, part I of the Regulations on non-cash payments). The Transfer Regulations do not link the possibility of periodic transfers of funds with the terms of the agreement between the payer (recipient) of funds and its counterparty.
The Regulations on transfers, unlike the Regulations on non-cash payments, do not contain general requirements for the details of orders for the transfer of funds. At the same time, the Appendix to the Transfer Regulations establishes Lists and descriptions of the details of the payment order, collection order, payment request and payment order. The forms of these documents remain unchanged.
In accordance with the Regulations on transfer, it is allowed to use orders for which the Regulations themselves do not establish forms and a list of details. The details of such orders are determined by the bank or the recipient of funds in agreement with the bank (clause 1.11 of the Transfer Regulations).
Compared to the Regulations on non-cash payments, the Regulations on transfers regulate in much more detail the rules for accepting orders for the transfer of funds for execution.
Reception of orders for execution. The regulation on the transfer largely repeats the norms of the Regulations on non-cash payments and the Regulations on non-cash payments by individuals regarding the rules for accepting for execution orders for the transfer of funds. However, now this procedure will be the same for all types of transfer orders.
Clause 2.1 of the Transfer Regulations establishes a detailed procedure for banks to control the contents of an order to transfer funds when accepting it for execution. It consists of a number of sequential actions:
certification of the right to dispose of funds (certification of the right to use an electronic means of payment);
control of the integrity of orders;
structural control of orders;
control of order details values;
control of orders for sufficiency of funds.
Each subsequent stage of control occurs only after passing all the previous stages, and the order is accepted for execution if it has passed all stages of control. It is separately stated that if in relation to orders requiring the payer’s acceptance, such acceptance was not given in advance, then control procedures are carried out only after its receipt (clause 2.9.2 of the Transfer Regulations).
1. Certification of the right to dispose of funds. The rules for certifying the right to dispose of funds when accepting a transfer order submitted on paper establish requirements for the presence of appropriate signatures and seals.
Certification of the right to dispose of funds, if the order is transmitted electronically, is carried out by the bank by checking an electronic signature, an analogue of a handwritten signature and (or) codes, passwords, and other means to confirm that the order in electronic form was drawn up by the person (persons) specified ( specified) in clause 1.24 of the Transfer Regulations (paragraph 1 of clause 2.3 of the Transfer Regulations).
In the case of using an electronic means of payment, instead of certifying the right to dispose of funds, the right to use an electronic means of payment is certified. The Translation Regulations also contain relevant rules. Certification of the right to use an electronic means of payment is carried out by a credit institution by checking the number, code and (or) other identifier of the electronic means of payment (paragraph 4, clause 2.3 of the Transfer Regulations).
2. Control of the integrity of orders. At this stage, the immutability of the order details is checked.
In orders on paper, the absence of changes is checked, and in orders in electronic form, the immutability of the order details is checked (clause 2.4 of the Transfer Regulations).
3. Structural control of orders. During this stage of control, the established details are checked, and for orders in electronic form, the maximum number of characters in the details is also checked.
The bank checks whether the order complies with the established form (if it is submitted on paper).
The transfer regulations provide for requirements for the maximum number of characters in the details of a payment order, collection order, payment request and payment order drawn up in electronic form. This regulation will come into force on April 1, 2013.
4. Control of order details values. This stage of control consists of checking the values of order details, their admissibility and compliance in the manner established by the bank, taking into account the requirements of the law.
The transfer regulation imposes on the bank the obligation to check the consent of third parties to carry out the transfer, if such consent must be obtained in accordance with the law (clause 2.8 of the transfer regulation).
If the payer's acceptance is required to complete the transfer, the payer's bank also checks the presence of a pre-given acceptance or sends the payer an order from the recipient of funds or a notification for acceptance.
This acceptance in advance may concern one or more accounts of the payer, one or more recipients of funds, as well as various grounds for debiting funds from the account.
The Translation Regulations do not contain a requirement to indicate the reasons for refusal to accept.
5. Control of funds sufficiency. The transfer regulations establish uniform rules for monitoring the sufficiency of funds, regardless of the type of order to transfer funds.
Adequacy is checked based on the balance of funds in the payer's bank account at the beginning of the day. The funds received into his account (withdrawn from the account) at the time of determining the sufficiency of funds are also taken into account (clause 2.10 of the Transfer Regulations).
The question of what happens to orders if there are insufficient funds can be resolved in different ways. As a general rule, if there are insufficient funds in the payer's account, orders are not accepted and are returned (cancelled) no later than the business day following the day the order was received.
However, certain categories of transfer orders drawn up by legal entities or individual entrepreneurs must be placed in the queue of orders not executed on time. These are orders for the transfer of funds to budgets (as well as orders for the same and the previous order of debiting funds from a bank account established by federal law), orders for collectors of funds, orders accepted by the bank for execution or presented by the bank in accordance with the agreement (paragraph 10 clause 2.10 of the Translation Regulations).
The result of all of the above procedures for accepting orders for execution is either acceptance of orders for execution or their return to the payer. The transfer regulations regulate in detail the documentation of both the acceptance of an order for execution and the refusal to accept it: deadlines for completing all actions, the presence of signatures of bank officials, etc.
It should be noted that banks may establish additional procedures for accepting orders for execution, such as monitoring the duplication of orders, obtaining the consent of the payer’s credit institution for a transaction using an electronic means of payment.
Execution of orders. The Transfer Regulations provide for the procedures for executing orders to transfer funds. Three possible procedures are listed: execution, partial execution and confirmation of execution of the order (clause 4.1 of the Transfer Regulations).
Execution of an order can be done through:
debiting funds from the payer’s bank account;
crediting funds to the recipient's bank account;
issuing cash to the recipient of funds;
recording information on completed electronic money transfers.
Partial execution of orders is also allowed in cases provided for by law or contract.
The bank is obliged to confirm the full or partial execution of orders in the manner established by the Regulations on the transfer. Depending on the form of submission of the order (electronically, on paper or using an electronic means of payment), various procedures for sending confirmation to the payer (recipient) of funds are applied (clauses 4.5-4.9 of the Transfer Regulations).
Additionally, banks may establish (in particular, in contracts) other procedures for executing orders, including the procedure for clarifying the details of orders, returning funds that cannot be credited (issued) to the recipient of funds, as well as the procedure for executing orders included in registers, including partial execution of orders.
Revocation of orders. In the Regulations on transfers in accordance with the norms of the Payment System Law, the revocation of an order for the transfer of funds is associated with such a payment property as “irrevocability”. Revocation of transfer orders is possible before the irrevocability of the funds transfer occurs (clause 2.14 of the Transfer Regulations).
According to paragraph 7 of Art. 5 of the Law on the Payment System, unless otherwise stipulated by the applicable form of non-cash payments or federal law, the irrevocability of a funds transfer begins from the moment funds are written off from the payer’s bank account or from the moment the payer provides cash for transferring funds without opening a bank account.
For the transfer of electronic funds, another moment of irrevocability has been established: simultaneous acceptance by the electronic money operator of the client’s order, a decrease in the balance of the payer’s electronic funds and an increase in the balance of the recipient’s electronic funds by the amount of the electronic money transfer (clauses 10 and 15 of Article 7 of the Law on payment system).
Forms of non-cash payments.
The transfer regulations determine the forms of non-cash payments. Transfer of funds is carried out within the framework of:
settlements by payment orders;
settlements under a letter of credit;
settlements by collection orders;
payments by checks;
settlements in the form of transfer of funds at the request of the recipient of funds (direct debit);
settlements in the form of electronic money transfer.
Compared to the Regulations on non-cash payments, the Regulations on transfers have added only one form of non-cash payments - payment in the form of an electronic money transfer. This is due to the adoption of the Payment System Law, which, firstly, contains a definition of the term “electronic funds”, and secondly, establishes the rules for their transfer.
Payers and recipients of funds choose the form of non-cash payments independently; it may be provided for in agreements with their counterparties.
1.1. Banks transfer funds through bank accounts and without opening bank accounts in accordance with federal law and regulations of the Bank of Russia (hereinafter jointly referred to as legislation) within the framework of the applicable forms of non-cash payments on the basis of the orders for the transfer of funds provided for in paragraphs 1.10 and 1.11 of this Regulation funds (hereinafter referred to as orders) drawn up by payers, recipients of funds, as well as persons, bodies entitled, on the basis of federal law, to submit orders to the bank accounts of payers (hereinafter referred to as fund collectors), banks.
Transfer of funds is carried out within the framework of the following forms of non-cash payments:
settlements by payment orders;
settlements under a letter of credit;
settlements by collection orders;
payments by checks;
settlements in the form of transfer of funds at the request of the recipient of funds (direct debit);
settlements in the form of electronic money transfer.
Transfer of electronic funds is carried out in accordance with legislation and agreements, taking into account the requirements of these Regulations.
Forms of non-cash payments are chosen by payers and recipients of funds independently and may be provided for in agreements concluded by them with their counterparties (hereinafter referred to as the main agreement).
1.2. Payers and recipients of funds are legal entities, individual entrepreneurs, individuals engaged in private practice in accordance with the legislation of the Russian Federation, individuals (hereinafter referred to as clients), banks. Collectors of funds may be recipients of funds. According to the orders of the recoverers of funds, including enforcement authorities, tax authorities, the recipient of funds may also be the body to which, in accordance with federal law, the collected funds are transferred.
The recoverer of funds, in the order sent with the enforcement document on collection, indicates as the recipient of the funds himself or the body to which, in accordance with federal law, the collected funds are transferred.
1.3. Banks transfer funds to bank accounts through:
debiting funds from the bank accounts of payers and crediting funds to the bank accounts of recipients;
debiting funds from bank accounts of payers and issuing cash to recipients - individuals;
debiting funds from bank accounts of payers and increasing the balance of electronic funds of recipients.
1.4. Credit organizations transfer funds without opening bank accounts, including using electronic means of payment, through:
acceptance of cash, orders from the payer - an individual and crediting of funds to the bank account of the recipient of funds;
accepting cash, orders from the payer - an individual and issuing cash to the recipient - an individual;
accepting cash, orders from the payer - an individual and increasing the balance of electronic funds of the recipient;
reducing the balance of the payer’s electronic funds and crediting funds to the recipient’s bank account;
reducing the balance of electronic funds of the payer and issuing cash to the recipient of funds - an individual;
reducing the balance of electronic funds of the payer and increasing the balance of electronic funds of the recipient.
1.5. The transfer of funds can be carried out by the bank with subsequent reimbursement in accordance with the agreement by the payer's bank of funds in the amount of the amounts of orders executed by the recipient's bank.
1.6. The transfer of funds can be carried out with the participation of a bank that is not the payer’s bank and the recipient’s bank (hereinafter referred to as the intermediary bank).
1.7. Irrevocability, unconditionality, finality of the transfer of funds occurs in accordance with federal law.
1.8. Credit institutions approve internal documents containing:
the procedure for drawing up orders;
The procedure for performing the procedures for acceptance for execution, recall, return (cancellation) of orders;
the procedure for executing orders;
other provisions on the organization of activities of credit institutions to transfer funds.
Internal documents cannot contain provisions that contradict the law, including these Regulations.
1.9. Transfers of funds are carried out by banks on the orders of clients, fund collectors, banks (hereinafter referred to as the senders of orders) in electronic form, including using electronic means of payment, or on paper.
1.10. The list and description of the details of orders - payment order, collection order, payment request, payment order are given in Appendix 1 and to these Regulations. These orders are applied within the framework of non-cash payment forms provided for in paragraph 1.1 of these Regulations.
The maximum number of characters in the details of a payment order, collection order, payment request, payment order drawn up electronically is established by Appendix 11 to these Regulations.
1.11. Orders for which a list of details and forms are not established by these Regulations are drawn up by the senders of orders indicating the details established by the bank that allow the bank to transfer funds, and according to the forms established by the bank or the recipient of funds in agreement with the bank. These orders are applied within the framework of the forms of non-cash payments provided for in clause 1.1 of these Regulations, and must contain the names of orders different from those specified in clause 1.10 of these Regulations.
The provisions of this paragraph apply to applications, notifications, notices, requests, responses drawn up in cases provided for by these Regulations, to applications drawn up in accordance with federal law for the purpose of collecting funds.
(see text in the previous edition)
The provisions of this paragraph apply to orders drawn up by a legal entity electronically or on paper to receive cash from the legal entity’s bank account if there are insufficient funds in its bank account.
The provisions of this paragraph apply to the order of an individual, the form of which is based on Part 1 of Article 8 of the Federal Law of June 27, 2011 N 161-FZ “On the National Payment System” (Collected Legislation of the Russian Federation, 2011, N 27, Art. 3872; 2012 , N 53, Art. 7592; 2013, N 27, Art. 3477; N 30, Art. 4084; N 52, Art. 6968; 2014, N 19, Art. 2315, Art. 2317; N 43, Art. 5803 ; 2015, No. 1, Article 8, Article 14) (hereinafter referred to as Federal Law No. 161-FZ) is established by the Ministry of Finance of the Russian Federation in agreement with the Bank of Russia.
1.12. Payment orders, collection orders, payment requests, payment orders, bank orders are settlement (payment) documents.
1.13. The form of the order on paper specified in clauses 1.10 and 1.11 of these Regulations should not exceed an A4 sheet. If the form of the order specified in clause 1.11 of these Regulations consists of several sheets, each of the sheets is drawn up in the manner established by the bank, taking into account the requirements stipulated by these Regulations.
The number of copies of orders on paper is established by the bank.
1.14. Banks apply orders in accordance with this Regulation in the following cases:
debiting (crediting) funds from a bank account if the bank is the recipient of the funds (payer);
transfer of funds without opening a bank account, including transfer of electronic funds if the bank is the recipient of the funds.
1.15. Based on the payer’s order, including in the form of an application, or an agreement with him, the payer’s bank may draw up an order (instructions) and carry out one-time and (or) periodic transfers of funds through the payer’s bank account or without opening a bank account to the payer, including using an electronic means of payment, on a certain date and (or) period, upon the occurrence of conditions specified by order or agreement in an amount determined by the payer, to the recipient of funds in this or another bank.
1.16. Based on the order of the recipient of funds, including in the form of an application, or an agreement with him, the bank of the recipient of funds may draw up an order (instructions) and carry out one-time and (or) periodic presentation of orders of the recipient of funds to the payer’s bank account opened in this or another bank, or for the purpose of transferring electronic funds of the payer on a certain date and (or) period, upon the occurrence of conditions specified by order or agreement in an amount determined by the recipient of the funds.
1.17. The payer may, in accordance with the agreement, draw up an order for a total amount with a register, which includes orders of one priority group, in order to transfer funds to several recipients of funds serviced by one bank.
In cases provided for by the agreement, the payer may draw up an order for the total amount with the register in order to transfer funds to several recipients of funds serviced by different banks.
1.18. The recipient of funds may, in accordance with the agreement, draw up an order for the total amount with a register that includes orders of one priority group, which indicates payers serviced by one bank.
In cases provided for by the agreement, the recipient of funds may draw up an order indicating information about payers serviced by different banks.
1.19. The register contains information about the banks of recipients of funds (payer banks), recipients of funds (payers), amounts for recipients of funds (payers), dates, order numbers and purpose of payment (payment purposes), as well as the total number of orders. If the register is sent separately from the order for the total amount, then it shall indicate the total amount of orders included in the register, as well as the number and date of the order for the total amount. The amount indicated in the register must correspond to the amount indicated in the order for the total amount. In the register, the payer (recipient of funds) can, in agreement with the bank, indicate additional information.
1.20. The bank, on the basis of orders accepted for execution, orders for the total amount with registers submitted to the bank, can draw up an order for the total amount with the register, which includes orders of one priority group. The register indicates the total amount and total number of orders, information about payers or the payer (in cases provided for by federal law or agreement), recipients of funds or recipient of funds serviced by this or another bank, containing the details provided for in the agreement, sufficient for crediting funds to bank accounts recipients of funds, issuance of cash to recipients of funds, the amount of each order. Dates, order numbers and information about the purpose of payment (payment purposes) are indicated in the register if they are included in the orders.
1.21.1. The orders indicate a unique payment identifier in cases where it is assigned by the recipient of the funds. The unique payment identifier is communicated by the recipient of funds to the payer in accordance with the agreement. The recipient's bank exercises control over the unique payment identifier in the cases and in the manner established by the agreement with the recipient of the funds. In the case of a transfer of funds to the bank account of the recipient of funds, opened for the purpose of identifying the payment, the formation and control of a unique payment identifier is carried out in the manner established in Appendix 12 to this Regulation.
(see text in the previous edition)
In orders for the transfer of funds to pay payments that are sources of revenue generation for the budgets of the budget system of the Russian Federation, other payments received in the accounts of Federal Treasury bodies, and payments for the performance of work, provision of services by budgetary and autonomous institutions (hereinafter referred to as orders for the transfer of funds in payment of payments to the budget system of the Russian Federation) a unique payment identifier is indicated in accordance with the requirements of regulatory legal acts adopted on the basis of Part 1 of Article 8 of Federal Law N 161-FZ by the Ministry of Finance of the Russian Federation in agreement with the Bank of Russia.
clause 4.1 of these Regulations, and the cases provided for by the Directive of the Bank of Russia dated December 24, 2012 N 2946-U “On working with orders for the transfer of funds when changing the details of banks and their clients”, registered by the Ministry of Justice of the Russian Federation on February 18, 2013 N 27153 (Bulletin of the Bank of Russia dated March 6, 2013 No. 15).
(see text in the previous edition)
1.23. The Bank provides the ability to reproduce, including upon request, in electronic form and on paper (in the forms established for the relevant orders) orders accepted for execution and executed in electronic form.
1.24. The payer's order in electronic form, the register (if any) is signed with an electronic signature (electronic signatures), an analogue of a handwritten signature (analogues of handwritten signatures) and (or) certified by codes, passwords and other means that allow confirming that the order (register) has been drawn up (drawn up) ) the payer or an authorized person (persons).
The order of the recipient of funds, the recoverer of funds in electronic form, the register (if any) is signed with an electronic signature (electronic signatures), an analogue of a handwritten signature (analogues of handwritten signatures) and (or) certified by codes, passwords, and other means to confirm that the order (register ) drawn up (drawn up) by the recipient of funds, the recoverer of funds or an authorized person (persons).
When reproducing orders in electronic form in accordance with paragraph 1.23 of these Regulations, it must be possible to identify the person(s) specified in this paragraph.
The provisions of this paragraph apply to orders in electronic form and registers compiled by banks.
1.25. Banks do not interfere in the contractual relations of clients. Mutual claims between the payer and the recipient of funds, except those arising through the fault of banks, are resolved in the manner prescribed by federal law without the participation of banks.
1.26. Transfers of funds using payment cards are carried out taking into account the specifics provided for by Bank of Russia Regulation No. 266-P dated December 24, 2004 “On the issuance of bank cards and on transactions carried out using payment cards”, registered by the Ministry of Justice of the Russian Federation on March 25, 2005 N 6431, October 30, 2006 N 8416, October 8, 2008 N 12430, December 9, 2011 N 22528 (Bulletin of the Bank of Russia dated March 30, 2005 N 17, dated November 9, 2006 N 60, dated October 17, 2008 No. 58, dated December 19, 2011 No. 71).
1.27. Transfer of funds using a bank order is carried out taking into account the specifics provided for by the Bank of Russia Directive No. 2945-U dated December 24, 2012 “On the procedure for drawing up and applying a bank order”, registered by the Ministry of Justice of the Russian Federation on February 18, 2013 No. 27163 (Bulletin of the Bank Russia" dated March 6, 2013 N 15).
(see text in the previous edition)
1.28. This Regulation applies to the transfer of funds with the participation of the state corporation "Bank for Development and Foreign Economic Affairs" (Vnesheconombank).
