/

Money transfer operators are: Financial right. B) With the Bank of Russia

1. Electronic operator Money is a credit organization, including a non-bank credit organization, which has the right to transfer funds without opening bank accounts and other related banking operations provided for in paragraph 1 of part three of Article 1 Federal Law"About banks and banking".

2. A person who is not an operator of electronic money does not have the right to become obligated for electronic money and carry out a transfer of electronic money.

3. A person who is not an electronic money operator does not have the right to become obligated for monetary obligations that are used to fulfill monetary obligations between other persons or making other transactions entailing the termination of obligations between other persons, on the basis of orders transmitted to in electronic format obligated person. The provisions of this part do not apply to the termination of monetary obligations with the participation of organizations engaged in professional activity On the market valuable papers, clearing activities, activities of the central counterparty and (or) activities for the management of investment funds, mutual funds and non-state pension funds, in accordance with the legislation regulating the activities of these organizations.

4. The electronic money operator is obliged to notify the Bank of Russia in the manner established by it about the start of activities to carry out the transfer of electronic money no later than 10 business days from the date of the first increase in the balance of electronic money. The notice must indicate:

1) the name and location of the electronic money operator, as well as the number of its license to carry out banking operations;

2) type(s) of electronic means of payment provided to clients;

3) names of organizations engaged by the electronic money operator to provide operational services and (or) payment clearing services (if they are engaged).

4.1. The electronic money operator is obliged to provide the Bank of Russia with reports on operations carried out in accordance with Article 7 of this Federal Law, in accordance with the requirements established by the Bank of Russia for the composition, volume and procedure for providing such reports.

5. The electronic money operator is obliged to establish rules for the transfer of electronic money, including:

1) the procedure for the activities of the electronic money operator related to the transfer of electronic money;

2) the procedure for providing clients with electronic means of payment and transferring electronic funds using them;

3) the procedure for the activities of the electronic money operator when attracting bank payment agents, organizations providing operational services and (or) payment clearing services;

  • Financial activity of the state. general characteristics financial law
    • The concept of "finance". Financial system Russian Federation
    • Contents and principles of state financial activity
    • Financial law: concept, subject, method, sources
    • Financial and legal norms and financial and legal relations
  • Financial control in the Russian Federation
    • Financial control: concept, objectives and principles
    • Kinds financial control and the bodies implementing it
    • Legal basis audit in the Russian Federation
    • Financial control methods
  • Budget legal relations in the Russian Federation
  • Government revenues
  • Government spending
  • Taxes and tax legal relations
    • Taxes and fees: concept and functions
    • Subject, method, structure, principles and sources tax law
    • Tax classification
    • Tax legal relations
  • Public credit and public debt
  • State insurance
    • Insurance: essence, types and functions. State insurance as a type compulsory insurance
    • State insurance: content and legal support
    • Types of insurance that have a state basis
  • Legal basis of banking
    • Banking system of the Russian Federation
    • Basic banking operations. Bank deposits(deposits)
    • central bank RF (Bank of Russia)
    • Banking regulation and supervision
  • Bank loan and loans from the Bank of Russia
    • Bank loan: concept and financial and legal characteristics
    • Bank loan agreement
    • Bank of Russia loans
  • Monetary system and monetary policy of the Russian Federation
  • Legal basis of money circulation
  • Legal basis for settlements in the Russian Federation
    • The concept of “accounting relations”. Structure of the settlement network in the Russian Federation
    • Cash and non-cash payments. Cash transactions
    • Payment system. Procedure for making money transfers
    • Settlement operations credit institutions
    • Forms of payment: legal confirmation
  • Currency regulation and exchange control

Payment system. Procedure for making money transfers

The current procedure for non-cash payments is basically determined by two acts of the Central Bank of the Russian Federation (Regulations on the rules for transferring funds and Regulations on the payment system of the Bank of Russia) and is based on the recently adopted Federal Law “On the National Payment System”. The law regulates the procedure for the provision of payment services, including the transfer of funds, the use of electronic means of payment, the activities of national payment system, and also determines the requirements for the organization and functioning of payment systems, the procedure for supervision and monitoring in the national payment system.

The basic concepts are as follows.

1. National payment system- a set of money transfer operators (including electronic money operators), bank payment agents (subagents), payment agents, federal postal organizations when they provide payment services in accordance with the legislation of the Russian Federation, payment system operators, payment infrastructure service operators ( subjects of the national payment system).

2. Money transfer operator- an organization that, in accordance with the legislation of the Russian Federation, has the right to transfer funds.

Money transfer operators are:

  • Bank of Russia;
  • credit organizations that have the right to transfer funds;
  • State Corporation "Bank for Development and foreign economic activity(Vnesheconombank)" (hereinafter referred to as Vnesheconombank).

The Bank of Russia operates as an operator for the transfer of funds in accordance with the Federal Law “On the National Payment System”, the Federal Law “On Central Bank Russian Federation (Bank of Russia)" and regulations of the Bank of Russia.

Credit organizations operate as money transfer operators in accordance with the Federal Law “On the National Payment System”, the Federal Law “On Banks and Banking Activities” and regulations of the Bank of Russia.

Vnesheconombank operates as a money transfer operator in accordance with the Federal Law “On the National Payment System” and the Federal Law dated May 17, 2007 No. 82-FZ “On the Development Bank”.

3. Payment system operator- an organization that determines the rules of the payment system, as well as performing other duties provided for by this Federal Law.

The operator of the payment system may be a credit organization, an organization that is not a credit organization and created in accordance with the legislation of the Russian Federation, the Bank of Russia or Vnesheconombank.

A payment system operator, which is a credit institution, the Bank of Russia or Vnesheconombank, may combine its activities with the activities of a money transfer operator, an operator of payment infrastructure services and other activities, if this does not contradict the legislation of the Russian Federation.

A payment system operator that is not a credit institution may combine its activities with the activities of an operator of payment infrastructure services (with the exception of a settlement center) and with other activities, if this does not contradict the legislation of the Russian Federation.

The payment system operator is obliged to:

  • determine the rules of the payment system, organize and monitor their compliance by payment system participants and payment infrastructure service operators;
  • engage payment infrastructure service operators, except for the case where the payment system operator combines the functions of a payment infrastructure service operator, based on the nature and volume of operations in the payment system, ensure control over the provision of payment infrastructure services to payment system participants, and also maintain a list of payment infrastructure service operators infrastructure;
  • organize a risk management system in the payment system, assess and manage risks in the payment system;
  • provide the possibility of pre-trial and (or) arbitration consideration of disputes with payment system participants and payment infrastructure service operators in accordance with the rules of the payment system.

4. Money transfer- actions of the operator to transfer funds within the framework of the applicable forms of non-cash payments to provide the recipient with the payer’s funds.

Other concepts:

  • operator of payment infrastructure services - operations center, payment clearing center and clearing center;
  • operational center - an organization that provides, within the payment system, for payment system participants and their clients access to money transfer services, including using electronic means of payment, as well as the exchange of electronic messages (hereinafter referred to as operational services);
  • payment clearing center - an organization created in accordance with the legislation of the Russian Federation, ensuring, within the payment system, the acceptance for execution of orders of payment system participants to transfer funds and perform other actions provided for by the Federal Law “On the National Payment System”;
  • settlement center - an organization created in accordance with the legislation of the Russian Federation, ensuring, within the payment system, the execution of orders of payment system participants by debiting and crediting funds to the bank accounts of payment system participants, as well as sending confirmations regarding the execution of orders of payment system participants (settlement services );
  • electronic money - money that is previously provided by one person (the person who provided the money) to another person, taking into account information about the amount of money provided without opening a bank account (obliged person), to fulfill the monetary obligations of the person who provided the money to third parties persons and in respect of which the person who provided the funds has the right to transmit orders exclusively using electronic means of payment. Money received by organizations carrying out professional activities in the securities market, clearing activities and (or) activities for managing investment funds, mutual funds and non-state pension funds and recording information on the amount of funds provided without opening a bank account are not considered electronic money. accounts in accordance with the legislation regulating the activities of these organizations;
  • electronic means of payment - a means and (or) method that allows the client of the money transfer operator to draw up, certify and transmit orders for the purpose of transferring funds within the framework of the applicable forms of non-cash payments using information and communication technologies, electronic media, including payment cards, as well as other technical devices.

Basic provisions for transferring funds. According to Art. 5 of the Federal Law “On the National Payment System”, 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.

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.

The 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.

Depositing cash into your bank account or receiving cash from your bank account from one money transfer operator does not constitute a funds transfer.

Transfers of funds, with the exception of transfers of electronic funds, are carried out within a period of 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 (previously this issue regulated in the law on the Central Bank of the Russian Federation).

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 (transfer intermediaries) may participate.

The money transfer operator, before making a money transfer, is obliged to provide clients with the opportunity to familiarize themselves in a form accessible to them with the conditions for making a money transfer within the framework of the applicable form of non-cash payments, including:

  1. with the amount of remuneration and the procedure for its collection if it is provided for in the contract;
  2. with a method for determining exchange rate, used when transferring funds to foreign currency(if there is a difference in the currency of the funds provided by the payer and the currency of the transferred funds);
  3. with the procedure for filing claims, including information for contacting the money transfer operator;
  4. with other information determined by the form of non-cash payments used.

The client is obliged to provide the money transfer operator with reliable information for communication with the client, and if it changes, promptly provide updated information. The obligation of the money transfer operator to send notifications to the client provided for by this Federal Law is considered fulfilled when the notification is sent in accordance with the information available to the money transfer operator for communication with the client.

Features of electronic money transfers. When making non-cash payments in the form of electronic money transfer, the client provides funds to the electronic money operator on the basis of an agreement concluded with him.

An individual client can provide funds to an electronic money operator using his or her bank account or without using a bank account. A client - a legal entity or individual entrepreneur - provides funds to the electronic money operator only using his bank account. The electronic money operator takes into account the funds provided by the client by creating a record reflecting the amount of the electronic money operator's obligations to the client in the amount of funds provided by him (hereinafter referred to as the electronic money balance).

The electronic money operator does not have the right to accrue interest on the balance of electronic money or pay any remuneration to the client. Transfer of electronic funds is carried out on the basis of orders of payers in favor of recipients of funds.

The transfer of electronic money is carried out by simultaneous acceptance by the electronic money operator of the client's order, reducing the balance of the payer's electronic money and increasing the balance of the recipient's electronic money by the amount of the electronic money transfer.

The transfer of electronic funds is carried out immediately after the electronic money operator accepts the client’s order.

An agreement concluded by an electronic money operator with a client may provide for the possibility of using electronic means of payment by the payer - an individual and the recipient of funds - a legal entity or individual entrepreneur, when the actions specified in Part 10 of Art. 5, are carried out non-simultaneously (autonomously). In this case, the recipient of the funds is obliged to daily transmit information about completed transactions to the electronic money operator for its accounting no later than the end of the working day of the electronic money operator.

The electronic money operator immediately after executing the client’s order to carry out an electronic money transfer sends the client confirmation of the execution of the specified order.

Before concluding an agreement with an individual client, the electronic money operator is obliged to provide him with the following information:

  • on the name and location of the electronic money operator, as well as the number of its license to carry out banking operations;
  • on the conditions for using an electronic means of payment, including offline;
  • on methods and places for transferring electronic funds;
  • on the methods and places of provision of funds by a client - an individual to the electronic money operator;
  • on the amount and procedure for collecting remuneration by the electronic money operator from an individual in the event of collection of remuneration;
  • on methods for filing claims and the procedure for their consideration, including information for contacting the electronic money operator.

Client's order. The client's order must contain information allowing the transfer of funds within the framework of the applicable forms of non-cash payments (transfer details). The list of transfer details is established by regulations of the Bank of Russia, regulations federal bodies executive power and the agreement concluded by the money transfer operator with the client or between money transfer operators.

The client's order may be transmitted, accepted for execution, executed and stored electronically, unless otherwise provided by the legislation of the Russian Federation, regulations of the Bank of Russia, regulations of the Russian Federation or an agreement concluded by the money transfer operator with the client or between transfer operators Money.

The money transfer operator has the right to draw up an order on its own behalf to execute the client’s order. Acceptance of the client's order for execution is confirmed by the operator for transferring funds to the client in the manner specified provided for by law Russian Federation or treaty.

The client's order is executed by the operator by transferring funds within the framework of the applicable forms of non-cash payments in the amount specified in the client's order. The remuneration of the money transfer operator (if collected) cannot be withheld from the amount of the money transfer, except in cases of cross-border money transfers.

The execution of the client’s order is confirmed by the operator for transferring funds to the client in the manner prescribed by the legislation of the Russian Federation and the agreement.

3.1. Organization of activities of money transfer operators

Currently, the national payment system is being built in accordance with the needs of the subjects of the national payment system and their clients for payment services, in the provision of which the capabilities of modern technologies have been widely used.

The quantitative characteristics of the subjects of the national payment system as of January 1, 2014 are presented in Fig. 3.1.1.

Rice. 3.1.1. Subjects of the national payment system of Russia.

At the same time, the network of institutions of subjects of the national payment system providing payment services included: for the Bank of Russia - 505 divisions of the Bank of Russia, for credit organizations - 956 head offices, 2.3 thousand branches and 42.6 thousand internal structural divisions, according to the Federal State Unitary Enterprise "Russian Post" - 41.6 thousand stationary post offices. During January-September 2013, 3.2 billion payments worth 321.3 trillion were carried out through the national payment system. rubles On average, 15.1 million payments were made daily, amounting to 6.4 trillion. rubles Within the framework of the national payment system, two systemically important payment systems functioned: the payment system of the Bank of Russia and the Payment system of NPO CJSC NSD.

In accordance with Federal Law No. 161-FZ “On the National Payment System” money transfer operator– an organization that, in accordance with the legislation of the Russian Federation, has the right to transfer funds.

Money transfer operators are:

1) Bank of Russia;

2) credit organizations that have the right to transfer funds;

3) state corporation “Bank for Development and Foreign Economic Affairs (Vnesheconombank)”.

Please note that the right of a credit institution to transfer funds must be specified in the license for banking operations.

The Bank of Russia operates as a money transfer operator in accordance with Federal Law No. 161-FZ “On the National Payment System”, Federal Law No. 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)” and regulations of the Bank of Russia.

Credit organizations operate as money transfer operators in accordance with Federal Law No. 161-FZ “On the National Payment System”, Federal Law No. 395-1 “On Banks and Banking Activities” and regulations of the Bank of Russia.

Vnesheconombank operates as a money transfer operator in accordance with Federal Law No. 161-FZ “On the National Payment System” and Federal Law No. 82-FZ “On the Development Bank”.

The number of money transfer operator institutions as of 10/01/2013 amounted to 46,897 units, as of 01/01/2013 – 46,451 units, i.e. for 9 months. increased by 1%. Of this number: 504 institutions of the Bank of Russia, 942 credit organizations, 2093 branches of credit organizations, 24521 additional offices, 18837 other internal structural divisions of credit organizations. The number of money transfer operator institutions per 1 million residents was 327 units.

In 2013–2014, the number of credit institutions continued to decline (from 956 as of 01/01/2013 to 923 as of 01/01/14) and their branches (by 16.3%, up to 2005). This trend is largely due to the rehabilitation carried out by the Bank of Russia banking sector and the ongoing optimization by large multi-branch banks of the network of their regional branches.

When characterizing the activities of money transfer operators, it is necessary to consider the issue of opening and maintaining customer accounts.

To make money transfers to non-cash form money transfer operators offer their clients the following types of accounts:

1. Current designed for cash accounting individuals, not related to their implementation entrepreneurial activity. Depending on whether the client is a resident or non-resident, banks can open 2 types of current accounts: current accounts of residents, current accounts of non-residents.

Current accounts are opened and maintained in the currency of the Russian Federation or foreign currency on the basis of an agreement between the parties (the bank and client-individual) bank account agreement.

2. Card current accounts are intended for accounting of funds of individuals on a bank card that are not related to their business activities. Just as for current accounts, depending on whether the client is a resident or non-resident, banks can open 2 types of card accounts: card accounts for residents; card accounts of non-residents.

Card accounts, similar to current accounts, can be ruble and foreign currency. The basis for opening a card current account may be a bank account agreement concluded between the bank and an individual client, as well as other forms of bilateral agreements, for example, an application (questionnaire) accepted by the bank to open a card account.

3. Current accounts. In practice, the main group of accounts that are opened by banks virtually on a daily basis are current accounts. The purpose of such accounts is very diverse. They open:

– to make any payments related to business activities;

– to make payments related to financial activities of a commercial nature;

– to make payments related to non-commercial activities;

– to account for transfer operations of federal postal organizations, as well as funds sent authorized bodies for the payment of pensions and benefits;

– to record the amounts of receipts and expenditures sums of money individuals - individual entrepreneurs in connection with the implementation of entrepreneurial activities, private practice in accordance with the legislation of the Russian Federation;

– for cash accounting and settlements legal entities– non-residents without using special bank accounts.

Let us dwell in more detail on the characteristics of the main current accounts that can be opened by banks depending on the client’s status and the nature of his activity:

A) Current accounts of financial organizations open for making payments related to the business activities of financial organizations, both in rubles and in foreign currency. At the same time, to financial institutions include such legal entities that provide financial services. They include: investment funds and companies, trust, leasing, factoring companies, commodity and currency exchanges, brokerage organizations operating on stock market, Insurance companies, non-state pension funds and a number of others. The basis for opening a bank account of this type must be a bank account agreement concluded between the bank and the client-financial organization.

B) Current accounts commercial organizations. The main purpose of opening such current accounts is to use them to make settlements related to business activities. Such accounts are opened for commercial organizations, namely, legal entities whose main purpose is to make a profit (among them are business partnerships and companies, general partnerships, limited partnerships, limited partnerships). limited liability, additional liability companies, joint stock companies, subsidiaries and dependent companies, production cooperatives, state and municipal unitary enterprises).

Current accounts can be opened for commercial organizations both in rubles and in foreign currency on the basis of a bank account agreement concluded between the bank and the client-legal entity.

C) Current accounts of non-profit organizations. Let us recall that non-profit organizations are legal entities that do not have profit-making as the main goal of their activities and do not distribute the profits between participants. Non-profit organizations can be created in the form of public, religious organizations (associations), foundations, non-profit partnerships, institutions, autonomous non-profit organizations, associations - legal entities (associations, unions), as well as in other forms provided for current legislation.

Banks open ruble and foreign currency current accounts for such organizations in order to make payments related to their non-commercial activities. An account for a non-profit organization, like many bank accounts, is opened on the basis of a bank account agreement concluded between the bank and the client.

D) Current accounts of Federal Postal Service organizations. These are settlement accounts of a special kind, opened for the purpose of accounting for transfer operations of Federal Postal organizations, as well as accounting for funds allocated by authorized bodies for the payment of pensions and benefits. Accounts are opened in banks only if regulatory legal acts provide for the opening of such accounts in these particular credit institutions.

The basis for opening a bank account of this type is a bank account agreement concluded between the bank and the client organization of the Federal Postal Service.

D) Current accounts of individual entrepreneurs open to individual entrepreneurs, as well as individuals engaged in private practice in accordance with the legislation of the Russian Federation (for example, lawyers, notaries). Based on the bank account agreement concluded between the bank and the entrepreneur (lawyer, notary), a current account can be opened both in rubles and in foreign currency, depending on the needs of the potential client.

The main purpose of opening such accounts is to record the amounts received and spent by individuals - individual entrepreneurs in connection with the implementation of entrepreneurial activities, the implementation of private practice in accordance with the legislation of the Russian Federation.

E) Current accounts of non-resident legal entities are opened for accounting of funds and settlements of non-resident legal entities without the use of special bank accounts, both in rubles and in foreign currency. The basis for opening a bank account of this type is a bank account agreement concluded between the bank and a non-resident organization.

4. Budget accounts. Depending on the government body for which the account is opened, the level of the budget (federal, subject of the Russian Federation, local) and the very purpose of opening a budget account, the following types can be distinguished:

– budget accounts Federal Treasury and its territorial bodies;

– budget accounts of the Ministry of Finance of the Russian Federation;

– budget accounts of managers and recipients of budget funds;

– other budget accounts.

Almost all budget accounts can be opened by credit institutions in the currency of the Russian Federation or foreign currency. The basis for their opening is the bank account agreement concluded by the parties.

5. Accounts off-budget funds. These include bank accounts opened Pension Fund RF, Foundation social insurance RF, Federal and territorial mandatory funds health insurance, funds social support population, extra-budgetary funds of the constituent entities of the Russian Federation and municipalities to account for the receipt and expenditure of funds from these extra-budgetary funds.

6. Correspondent accounts and sub-accounts are opened on the basis of an agreement on correspondent relations, to credit organizations and their branches. In the second case, the prefix “sub-” appears, as if indicating the status of the correspondent account being opened (“account” is the head bank; “subaccount” is the branch). The main purpose of correspondent accounts (sub-accounts) is to record the funds of a credit organization (a branch of a credit organization) and settlements with it (with it - in relation to the branch).

7. Trust accounts. To keep records of transactions with property received by the bank for trust management, trust management accounts are opened. Thanks to this, the property belonging to the founders of the management is accounted for separately from the property of the bank itself, which acts as a trustee.

Trust management accounts are divided into active ones, which account for property received into the trust (cash, securities, precious metals and other property), and passive, reflecting the sources of coverage for this property. In addition, among the trust management accounts, it is provided for the opening of accounts for recording settlements for trust management, expenses and income, profits and losses on trust activities.

8. Special bank accounts. Special bank accounts have special appointment and can therefore be opened at this time commercial bank limited circle of people and for the implementation of certain goals. Special bank accounts, among others, include special bank accounts of a bank payment agent, bank payment subagent, payment agent, supplier, trade bank account, clearing bank account, payment system guarantee fund account are opened for legal entities, individuals, individual entrepreneurs in cases and in the manner established by the legislation of the Russian Federation for the implementation of operations of the corresponding type provided for by it.

9. Deposit accounts of ships, service units bailiffs, law enforcement agencies, notaries are opened accordingly to courts, divisions of the bailiff service, law enforcement agencies, notaries for the transfer of funds received for temporary disposal when they carry out activities established by the legislation of the Russian Federation and in cases established by the legislation of the Russian Federation.

10. Accounts for deposits are opened to individuals and legal entities to account for funds placed in banks in order to receive income in the form of interest accrued on the amount of funds placed.

The basis for opening a bank account is the conclusion bank account agreement and submission of all documents. A bank account agreement assumes that the bank undertakes to accept and credit funds received to the account opened for the client (account owner), carry out the client’s orders to transfer and withdraw the corresponding amounts from the account and carry out other operations on the account.

The activities of money transfer operators are directly related to the organization money transfers, the rules for the implementation of which are described in detail in clause 2.3. of this manual.

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With the exception of certain provisions, Laws N 162-ФЗ and N 161-ФЗ come into force on September 29, 2011.

60; individuals in banks of the Russian Federation"" href="http://my.consultant.ru/cabinet/?mode=stat;click;d=2011-07-12;r=iw;s=consultant;dst= http%3A%2F%2Fwww.consultant.ru%2Fonline%2Fbase%2F%3Freq%3Ddoc%3Bbase%3DLAW%3Bn%3D108932">law of December 23, 2003 N 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation "and are not subject to insurance.

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The money transfer operator can avoid reimbursing the client for the amount of a transaction performed without his consent. To do this, he must prove that the client violated the procedure for using an electronic means of payment, which led to the completion of such a transaction (Part 15, Article 9 of Law No. 161-FZ). The same consequences for the client occur if he was not identified by the money transfer operator in accordance with the legislation on combating legalization of proceeds from crime.

5. Special requirements for electronic money transfers

According to Part 1 of Art. 12 of Law N 161-FZ, an electronic money operator can be any organization that has the right to carry out money transfers without opening bank accounts and other banking operations related to them, specified in clause 1, part 3 of Art. 1 of the Law on Banks and Banking Activities. Such a person is obliged to notify the Bank of Russia in the manner established by it about the start of its activities to carry out the transfer of electronic funds. A period of no more than 10 working days is allotted for this from the date of the first increase in the balance of electronic funds. Law N 161-FZ establishes that the electronic money operator is obliged to develop rules for the transfer of such funds, which should include:

The procedure for the activities of the electronic money operator related to their transfer;

The procedure for providing clients with electronic means of payment and transferring electronic funds using them;

The procedure for the activities of an electronic money operator when attracting bank payment agents, organizations providing operational services and (or) payment clearing services;

The procedure for ensuring uninterrupted implementation of electronic money transfers;

The operator's procedure for considering claims (including procedures for prompt interaction with clients);

The procedure for exchanging information when making electronic money transfers.

The main and unconditional obligation of the electronic money operator is the obligation to ensure uninterrupted transfer of electronic money in accordance with the requirements established by the regulations of the Bank of Russia ( part 6 art. 12

Conduct inspections of supervised organizations;

Carry out actions and apply enforcement measures if supervised organizations have violated the requirements of legislation in the field of NPS.

To exercise these powers, the Bank of Russia has the right to determine the forms and timing of special reporting and the methodology for its preparation. In addition, he can request and receive documents and other necessary information from supervised organizations and payment system participants, as well as issue regulations regarding the implementation of supervision in the NPS (parts 2 - 4 of Article 32 of Law No. 161-FZ).

The Bank of Russia carries out scheduled and unscheduled inspections of supervised organizations. Scheduled checks should be carried out no more than once every two years in accordance with the inspection plan approved by the Bank of Russia (Part 1, Article 33 of Law No. 161-FZ). Unscheduled inspections should be carried out in the event of a disruption in the uninterrupted functioning of a significant payment system.

Also part 3 of Art. 33 of Law N 161-FZ establishes that inspections can be carried out comprehensively or on individual issues of the activities of supervised organizations.

Law N 161-FZ). B) Observation

The Bank of Russia carries out monitoring in the NPS with the aim of improving the activities of the NPS subjects and the services they provide, as well as the development of payment systems and payment infrastructure based on the recommendations of the Bank of Russia (Part 5, Article 31 of Law No. 161-FZ).

Observation at the NPS includes the following activities:

Collection, systematization and analysis of information on the activities of NPS subjects and related objects of observation (monitoring);

Assessment of the activities of monitored organizations and related objects of supervision (assessment);

Based on the results of the assessment, preparation of proposals to change the activities of the assessed observed organizations and related objects of observation (initiation of changes).

About banks and banking activities, the concept of “settlements” as a banking operation was replaced by the term “transfer of funds”. From the text of this Russian Federation, as well as from the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”, the creation of a State information system on state and municipal payments.

Federal Law No. 40-FZ of February 25, 1999 “On the Insolvency (Bankruptcy) of Credit Institutions” is supplemented by the following rule. A transaction made by a credit organization - a participant or subject of the payment system, for which such organization bears obligations as a result of determining payment clearing positions (on a net basis) within the payment system, subject to compliance with the requirements of Law N 161-FZ, cannot be declared invalid according to bankruptcy legislation.

Federal Law No. 115-FZ of August 7, 2001 “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” introduced a new norm. According to it, when transferring funds at the request of a client - an individual, his identification is required only if the transfer amount exceeds 15 thousand rubles. or an equivalent amount in foreign currency.

The Code of the Russian Federation on Administrative Offenses introduced administrative offenses, providing for liability for failure to comply with the requirements of Law N 161-FZ in the form of a fine, which can reach 500 thousand rubles. (Article 15.36 of the Code of Administrative Offenses of the Russian Federation).

Noteworthy are the changes made to the Federal Law of July 7, 2003 N 126-FZ “On Communications”. Law N 162-FZ establishes that funds that are an advance payment from an individual subscriber for communication services can be used to increase his electronic money balance in accordance with

"On the national payment system". “Electronic money” has been recognized at the legislative level. In particular, the concept itself was fixed « electronic money» - funds deposited by clients into credit institutions, which are accounted for without opening bank accounts.” The right to issue “digital currency” is now available to organizations that have a minimum authorized capital in the amount of at least 18 million rubles. To become an electronic money operator, such NPO(non-bank credit organizations) it is enough to notify the Central Bank.

SEOnews decided to discuss the law “On the National Payment System” and its possible impact on the work of online stores with experts law firm"CLIFFE":

Elena Denisova, head of commercial practice of the civil law department, and

Svetlana Maximova, Leading Auditor of the Audit and Accounting Support Department.

Payment system operator, money transfer operator, electronic money operator…. What is the difference?

Elena: Federal Law No. 161-FZ “On the National Payment System”, adopted on June 27, 2011, provides the following definitions of the main participants in payment systems.

The term payment system operator should be understood as the legal entity that actually organized such a system. Operators of the payment system can be the Bank of Russia, Vnesheconombank, credit and non-credit organizations (i.e., any legal entity subject to certain conditions established by the said Federal Law). As an example of a non-credit organization that can accept the status of a payment system operator, we can cite the most major players this market, such as: WebMoney, YandexMoney, international payment operators Visa systems and MasterCard and other large payment systems (provided that they fall under the criteria established by the Federal Law on minimum size assets, etc.). In addition, since the number of payment instruments, along with credit cards, a regular one will come in mobile phone, payment system operators can also include cellular operators.

The new Federal Law includes money transfer operators Bank of Russia, government corporation“Bank for Development and Foreign Economic Affairs (Vnesheconombank)”, as well as credit organizations that have the right to transfer funds (Clause 1, Article 11 of Federal Law No. 161-FZ). Thus, credit institutions whose license does not indicate the possibility of carrying out money transfer operations will not be able to become money transfer operators.

Electronic money operator a credit organization is recognized, including a non-bank credit organization that has the right to carry out money transfers without opening bank accounts and other banking operations related to them, provided for in paragraph 1 of part three of Art. 1 Federal Law “On Banks and Banking Activities” (Clause 1, Article 12 of the Federal Law). Those. a non-bank credit organization whose license does not indicate the possibility of carrying out money transfer operations will not be able to operate as an electronic money operator and carry out electronic money transfers.

The previously mentioned players can serve as an example of an electronic money operator. However, in order for the named players to carry out activities as electronic money operators, they will need to obtain an appropriate license from the Central Bank of the Russian Federation.

The difference between the above operators can be clearly demonstrated in the following table:

Main Criteria

Payment system operator

Electronic money operator

Translation operator

Money

Subjects

Any legal entities

Credit organizations, including non-bank credit organizations that have the right to transfer funds

Bank of Russia

Vneshtorgbank

Credit organizations entitled to make money transfers

Functional

ü Creates a payment system;

ü Determines the rules for the functioning of the PS;

ü Creates a risk management system; Provides the opportunity to resolve disputes with PS participants and operators

In fact, it is one of the participants in the PS and establishes only the rules for the transfer of EMF

In fact, he is one of the participants of the PS

Carries out its activities in accordance with the banking legislation of the Russian Federation

Procedure for accepting status

For organizations that are not credit institutions, it is necessary to send a registration application in the form and in the manner established by the Bank of Russia.

The Bank of Russia has been carrying out relevant activities since the date of entry into force of the Federal Law

They are obliged to notify the Bank of Russia about the start of their activities in the appropriate status no later than 10 business days from the date of the first increase in the balance of electronic funds.

Carries out activities as a money transfer operator from the date the Federal Law comes into force

Which members of the structure can be non-credit organizations?

Elena: Legal entities that are not credit institutions can participate in the payment system in the status of: payment system operators, payment infrastructure service operators (such as an operations center, a payment clearing center and a settlement center); bank payment agents.

Is it possible to combine the activities of an electronic money operator with other activities within the NPS (national payment system)?

Elena: As stated above, electronic money operators will be recognized as credit institutions, including non-bank credit institutions that have the right (granted by the appropriate license) to carry out money transfers without opening bank accounts and other banking operations related to them (Clause 1 of Article 12 of the Federal Law No. 161-FZ).

In accordance with the provisions of the Federal Law “On Banks and Banking Activities,” a non-bank credit organization is recognized as a credit organization that has the right to carry out certain banking operations provided for by the Federal Law and the license to carry out such activities. Acceptable combinations of banking operations for non-bank credit institutions are established by the Bank of Russia.

In accordance with Article 5 of the Federal Law “On Banks and Banking Activities” credit organization prohibited engage in manufacturing, trading and insurance activities. These restrictions do not apply to the conclusion of contracts that are derivative financial instruments and providing for either the obligation of one party to the contract to transfer the goods to the other party, or the obligation of one party on the terms determined at the conclusion of the contract, in the event of a demand by the other party to buy or sell the goods, if the delivery obligation is terminated without fulfillment in kind.

Thus, electronic money operators will be subject to all restrictions and requirements established by the current legislation of the Russian Federation for credit institutions. It is impossible for electronic money operators to carry out the types of activities given as examples in the question.

As for the second question about the possibility of electronic money operators combining with other types of activities within the NPS, a positive answer can be given to it. Electronic money operators can combine their activities with the activities of other entities of the payment system, taking into account the existing restrictions provided for electronic money operators that have received the status of a non-bank credit organization. Let us recall that an electronic money operator created in the form of an NPO will not be able to operate as a money transfer operator, a central payment clearing counterparty, or a settlement center.

What will change in practical scheme the work of online stores that accept payment for goods from users via the Internet? What measures should store owners take to now legalize their activities?

Elena: After the entry into force of Federal Law No. 161-FZ and No. 162-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On the National Payment System” on September 29, 2011, in the practical scheme of operation of online stores accepting payment for goods from users, nothing will change significantly. However, as a consequence, such market participants will need to open a special current account with a money transfer operator and an electronic money transfer operator (to be able to use ESP), as well as become bank payment agents to maintain the status of a money acceptance operator (in accordance with with the provisions of Federal Law No. 103-FZ “On activities for accepting payments from individuals carried out by payment agents” as amended by Federal Law No. 162-FZ dated June 27, 2011).

Electronic means of payment can be personalized and non-personalized (unidentified and only individuals). For the first type there are no restrictions on monthly transfers, for the second - 40 thousand rubles. The account balance should not exceed 100 and 15 thousand rubles, respectively. As far as I understand, these restrictions can be circumvented by simply having, for example, several cards for one person, right?

Svetlana: Article 10 of Law No. 161-FZ limits the size leftovers electronic money, as well as total amount translated electronic money using a non-personalized means of payment per month 40 thousand rubles. Moreover, these restrictions apply to all types of electronic money from one operator (for example: WMR, WMZ, WME, WMU, WMB, WMY, WMC, WMZ, WMG). In our opinion, these restrictions can be circumvented by having ESP from different issuers of such means of payment.

Let's assume that ESP is a user card, physical. faces. If we are talking about legal entities. face, for example, an online store. Is his personal account considered an ESP? Will there be restrictions here? After all, the turnover of such stores exceeds 100 thousand.

Svetlana: Firstly, I would like to remind you that electronic money payments between legal entities and individual entrepreneurs are prohibited (Part 9, Article 7 of Law No. 161-FZ).

Secondly, the restrictions established by Part 7 of Article 10 of Law No. 161-FZ speak about balances (and not about turnover) of electronic money.

Thirdly, it is necessary to recall the definition of ESP given in paragraph 19 of Article 3 of Law No. 161-FZ

Electronic means of payment - a means and (or) method that allows a client of a money transfer operator to draw up, certify and transmit orders for the purpose of transferring funds within the framework of applicable forms of non-cash payments using information and communication technologies, electronic media, including payment cards, as well as other technical devices.

Clients - legal entities or individual entrepreneurs provide funds to the electronic money operator only using their bank account. For legal entities, ESP is a special bank account opened for accepting electronic money.

Thus, if individuals use bank cards for settlements with an online store, the restrictions provided for in Article 10 of Law No. 161-FZ, on this case do not apply.

If online stores accept electronic funds as payment through ESP, the restrictions provided for in Article 10 of Law No. 161-FZ, on this case is distributed.

How and who can cash out virtual money?

Elena, Svetlana: Only personalized electronic funds can be cashed out. That is, this can be done by individuals identified in accordance with Law No. 115-FZ of 08/07/01 “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” (Part 21, Article 7 of Law No. 161 -FZ). Electronic money balances of non-personalized individuals and legal entities can only be transferred to a bank account (Parts 20 and 22 of Article 7 of Law No. 161-FZ).

To cash out electronic funds or transfer them to a bank account, the client gives the appropriate order to the electronic money operator.

The law gives enormous powers to the Central Bank. How do you assess the prospects for its action in this structure? Will it be regulatory or restrictive?

Elena: In our opinion, the activities of the Central Bank of the Russian Federation and its actions, including supervisory and control functions, will not differ much from existing ones in terms of banking sector, and its activities will be rather of a mixed nature, i.e. regulatory and restrictive. We believe that the main goal of the legislator, in granting such broad powers to the Central Bank, was to regulate this market and build a system with the same clarity and control as when building banking activities.

The Law “On the National Payment System” was adopted and published at the end of June. When will the law come into force and will it come into force in its entirety?

Elena: The Federal Law on NPS comes into force on September 29, 2011 in part. It is worth noting that the Federal Law will come into force “in parts”; over the next 15 (fifteen) months, accordingly, all participants in this market will have a certain time to prepare necessary documents, accepting any status as subjects of the payment system, as well as for bringing their existing documents into compliance.

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