Application. Regulations on non-cash payments in the Russian Federation. Regulations of the Central Bank of the Russian Federation “On non-cash payments in the Russian Federation” Regulations of the Central Bank on non-cash payments 2 p.


Legislative framework and principles of non-cash payments

Non-cash payments in the Russian Federation are regulated by the Regulation on non-cash payments in the Russian Federation No. 2-P dated October 3, 2002 (as amended on January 22, 2008 No. 1964-U) and the Civil Code of Part Two, Chapter 46. These documents regulate non-cash payments between legal entities in the currency of the Russian Federation and on its territory in the forms provided for by law, determine the formats, procedure for filling out and processing the settlement documents used, and also establish the rules for conducting settlement transactions on correspondent accounts (sub-accounts) of credit organizations (branches), including those opened with the Bank Russia, and inter-branch settlement accounts.

Non-cash payments are carried out through credit organizations (branches) and/or the Bank of Russia on accounts opened on the basis of a bank account agreement or a correspondent account (sub-account) agreement, unless otherwise established by law and not stipulated by the form of payment used.

Settlement transactions for transferring funds through credit institutions (branches) can be carried out using:

1) correspondent accounts (sub-accounts) opened with the Bank of Russia;

2) correspondent accounts opened with other credit institutions;

3) accounts of settlement participants opened with non-bank credit institutions carrying out settlement operations;

4) inter-branch settlement accounts opened within one credit institution.

Principles of non-cash payments:

    Funds are written off from an account by order of its owner or without the order of the account owner in cases provided for by law and/or an agreement between the bank and the client (by agreement, by court decision).

    Debiting funds from the account is carried out on the basis of settlement documents drawn up in accordance with the requirements of these Regulations, within the limits of funds available in the account, unless otherwise provided in agreements concluded between the Bank of Russia or credit institutions and their clients.

    If there are insufficient funds in the account to satisfy all the requirements presented to it, funds are written off as they are received in order, in accordance with Article 855 of the Civil Code.

Article 855. Sequence of debiting funds from the account:

1. If there are funds on the account, the amount of which is sufficient to satisfy all the requirements presented to the account, these funds are written off from the account in the order in which the client’s orders and other documents for write-off are received (calendar priority), unless otherwise provided by law.

2. If there are insufficient funds in the account to satisfy all demands placed on it, funds are written off in the following order:

Firstly write-offs are carried out according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the collection of alimony;

secondarily write-offs are made according to executive documents providing for the transfer or issuance of funds for settlements for the payment of severance pay and wages with persons working under an employment contract, including a contract for the payment of remuneration to the authors of the results of intellectual activity;

thirdly write-offs are made according to payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment agreement (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and compulsory medical insurance funds;

fourthly write-offs are made on payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided for in the third stage;

in fifth place write-off is carried out according to executive documents providing for the satisfaction of other monetary claims;

in sixth place write-offs are made for other payment documents in calendar order.

Debiting funds from the account for claims related to one queue is carried out in the calendar order of receipt of documents.

If there are insufficient funds to fulfill all the requirements for the account, partial payment of payment documents is allowed, which is issued by a payment order.

    Restriction of the account owner's rights to dispose of the funds on it is not permitted (the exception is seizure and suspension of operations by law).

    Forms of non-cash payments are chosen by bank clients independently and are provided for in agreements concluded by them with their counterparties.

    Within the framework of non-cash payment forms, payers and recipients of funds (collectors), as well as banks and correspondent banks servicing them, are considered as participants in settlements.

    Banks do not interfere in the contractual relations of clients. Mutual claims regarding settlements between the payer and the recipient of funds, except those arising through the fault of banks, are resolved in the manner prescribed by law without the participation of banks.

Types of bank accounts:

1. Current accounts are opened for organizations engaged in commercial activities.

2. Current accounts are opened for organizations not engaged in commercial activities, public organizations, separate divisions of legal entities at the request of a legal entity, and individuals for non-commercial transactions.

3. Foreign currency accounts are opened for settlements in a currency other than the currency of the Russian Federation.

4.Card accounts for payments using plastic cards can be linked to any type of account.

Bank account agreement

The relationship between banks and a business entity is based on a bank account agreement concluded when opening an account and is regulated by law (Articles 845-859 of the Civil Code). The basic principles of a bank account agreement include:

1. Under a bank account agreement, 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.

2. The bank can use the funds available in the account, guaranteeing the client’s right to freely dispose of these funds.

3. The bank does not have the right to determine and control the direction of use of the client’s funds and establish other restrictions on its right to dispose of funds at its own discretion not provided for by law or the bank account agreement.

4. When concluding a bank account agreement, a bank account is opened for the client or the person specified by him on the terms agreed upon by the parties.

5. The bank is obliged to conclude a bank account agreement with a client who has made an offer to open an account on the conditions announced by the bank for opening accounts of this type, meeting the requirements provided for by law and the banking rules established in accordance with it.

The bank does not have the right to refuse to open an account, the performance of the relevant operations on which is provided for by law, the bank’s constituent documents and the permit (license) issued to it, except in cases where such refusal is caused by the bank’s inability to accept banking services or is permitted by law or other legal acts .

If the bank unreasonably refuses to enter into a bank account agreement, the client has the right to present him with the requirements provided for in paragraph 4 of Article 445 of this Code.

6. The rights of persons carrying out orders on behalf of the client for the transfer and withdrawal of funds from the account are certified by the client by submitting to the bank the documents provided for by law, the banking rules established in accordance with it and the bank account agreement.

7. The client may give an order to the bank to write off funds from the account at the request of third parties, including those related to the client’s fulfillment of his obligations to these persons. The Bank accepts these orders provided that they contain in writing the necessary data that allows, upon presentation of the corresponding request, to identify the person entitled to submit it.

8. The agreement may provide for certification of the rights to dispose of monetary amounts located on the account, electronic means of payment and other documents using analogues of a handwritten signature (clause 2 of Article 160), codes, passwords and other means confirming that the order was given by an authorized person it's a face.

9. The bank is obliged to carry out for the client the operations provided for for accounts of this type by law, the banking rules established in accordance with it and the business customs applied in banking practice, unless otherwise provided by the bank account agreement.

10. The bank is obliged to credit funds received to the client’s account no later than the day following the day the bank receives the corresponding payment document, unless a shorter period is provided for in the bank account agreement.

11. The bank is obliged, by order of the client, to issue or transfer the client’s funds from the account no later than the day following the day the bank receives the relevant payment document, unless other deadlines are provided for by law, banking rules issued in accordance with it, or a bank account agreement.

12. In cases where, in accordance with the bank account agreement, the bank makes payments from the account, despite the lack of funds (crediting the account), the bank is considered to have provided the client with a loan in the corresponding amount from the date of such payment.

13. The rights and obligations of the parties related to crediting the account are determined by the rules on loans and credit (Chapter 42), unless otherwise provided by the bank account agreement.

14. In cases provided for in the bank account agreement, the client pays for the bank’s services for performing transactions with funds in the account.

15. Fees for bank services may be charged by the bank at the end of each quarter from the client’s funds in the account, unless otherwise provided by the bank account agreement.

16. Unless otherwise provided by the bank account agreement, for the use of funds in the client’s account, the bank pays interest, the amount of which is credited to the account.

17. The amount of interest is credited to the account within the time periods provided for by the agreement, and in the case where such terms are not provided for in the agreement, after each quarter. Interest is paid by the bank in the amount determined by the bank account agreement, and if there is no corresponding provision in the agreement, in the amount usually paid by the bank on demand deposits (Article 838).

18. Funds are written off from the account by the bank based on the client’s order.

19. Without the client’s order, debiting funds on the account is permitted by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client.

20. In cases of untimely crediting of funds received to the client’s account or their unjustified debiting by the bank from the account, as well as failure to comply with the client’s instructions to transfer funds from the account or to issue them from the account, the bank is obliged to pay interest on this amount in the manner and in the amount provided for in Article 395 of this Code.

21. The bank guarantees the secrecy of the bank account and bank deposit, account transactions and client information.

22. Information constituting bank secrecy can only be provided to the clients themselves or their representatives, and also submitted to the credit history bureau on the grounds and in the manner prescribed by law. Such information may be provided to government bodies and their officials only in cases and in the manner prescribed by law. If the bank discloses information constituting a bank secret, the client whose rights have been violated has the right to demand compensation from the bank for the losses caused.

23. Unless otherwise provided by the agreement, if there are no funds in the client’s account and no transactions on this account within two years, the bank has the right to refuse to fulfill the bank account agreement by warning the client about this in writing. The bank account agreement is considered terminated after two months from the date the bank sent such a warning, if funds have not been received to the client’s account within this period.

24. At the request of the bank, the bank account agreement may be terminated by the court in the following cases:

when the amount of funds stored in the client’s account is below the minimum amount provided for by banking rules or agreement, unless such amount is restored within a month from the date the bank warned about this;

in the absence of transactions on this account during the year, unless otherwise provided by the agreement.

25. Termination of the bank account agreement is the basis for closing the client’s account.

To open a bank account you must submit:

1. Statement.

2. Document on registration of the enterprise.

3.Copy of the charter for enterprises.

4. Document confirming the powers of the director and chief accountant. 5.Two cards with sample signatures.

6. Certificates from the tax office and extra-budgetary funds regarding registration with them.

Forms of non-cash payments and conditions for their use

Non-cash payments are settlements by banks transferring funds to customer accounts on the basis of payment documents of a certain form, made according to certain rules, on the basis of regulatory documents.

In accordance with Russian requirements, the following forms of non-cash payments are accepted:

a) settlements by payment orders;

b) settlements under a letter of credit;

c) payments by checks;

d) settlements for collection. In this case, the following forms of settlement documents are used:

1. payment request with acceptance;

2. payment request without acceptance;

3. collection order.

Banks carry out transactions on accounts based on settlement documents.

A settlement document is a document drawn up on paper or, in certain cases, an electronic payment document:

An order from the payer (client or bank) to write off funds from his account and transfer them to the account of the recipient of the funds;

An order from the recipient of funds (collector) to write off funds from the payer’s account and transfer them to the account specified by the recipient of funds (collector).

Payment documents are valid for presentation to the servicing bank for ten calendar days, not counting the day of their issue.

Within the framework of the applied forms of non-cash payments, the use of analogues of a handwritten signature (electronic digital signature) is allowed in accordance with the requirements of legislation and regulations of the Bank of Russia.

Payment documents are accepted by banks for execution regardless of their amount.

The bank debits funds from the account based on the first copy of the payment document.

Settlements by payment orders

Payments by payment orders are the most common form of non-cash payments in the Russian Federation at present.

A payment order is an order from the account owner (payer) to the bank servicing him, documented as a settlement document, to transfer a certain amount of money to the recipient's account opened in this or another bank. The payment order is executed by the bank within the period provided for by law, or within a shorter period established by the bank account agreement or determined by business customs applied in banking practice.

Payment orders can be made:

a) transfer of funds for goods supplied, work performed, services rendered;

b) transfers of funds to budgets of all levels and to extra-budgetary funds;

c) transfer of funds for the purpose of returning/placing credits (loans)/deposits and paying interest on them;

d) transfer of funds for other purposes provided for by law or agreement.

In accordance with the terms of the main agreement, payment orders can be used for advance payment of goods, work, services or for making periodic payments.

Payment orders are accepted by the bank regardless of the availability of funds in the payer's account.

Partial payment of payment orders from the card index in off-balance sheet account N 90902 “Settlement documents not paid on time” is allowed.

Settlements under letters of credit

The letter of credit form of payment is used for non-resident and/or international payments and is largely due to the mistrust of counterparties to each other, which forces them to use the bank as an intermediary.

When making payments under a letter of credit, the bank acting on behalf of the payer to open a letter of credit (hereinafter referred to as the issuing bank) undertakes to make payments in favor of the recipient of funds upon presentation by the latter of documents that comply with all the conditions of the letter of credit, or to authorize another bank (hereinafter referred to as the executing bank) to make such payments. The executing bank may be the issuing bank, the recipient bank, or another bank. The letter of credit is separate and independent from the main contract.

Banks can open the following types of letters of credit:

    covered (escrowed) and uncovered (guaranteed);

    revocable and irrevocable (can be confirmed).

When opening a covered (deposited) letter of credit, the issuing bank transfers, at the expense of the payer’s funds or the loan provided to him, the amount of the letter of credit (coverage) at the disposal of the executing bank for the entire validity period of the letter of credit.

When opening an uncovered (guaranteed) letter of credit, the issuing bank grants the executing bank the right to write off funds from the correspondent account of the issuing bank maintained by it within the amount of the letter of credit or indicates in the letter of credit another method of reimbursing the executing bank for the amounts paid under the letter of credit in accordance with its terms. The procedure for writing off funds from the correspondent account of the issuing bank under an uncovered (guaranteed) letter of credit, as well as the procedure for reimbursement of funds under an uncovered (guaranteed) letter of credit by the issuing bank to the executing bank is determined by an agreement between the banks. The procedure for reimbursement of funds under an uncovered (guaranteed) letter of credit by the payer to the issuing bank is determined in the agreement between the payer and the issuing bank.

In the event of a change in the conditions or cancellation of a revocable letter of credit, the issuing bank is obliged to send a corresponding notice to the recipient of funds no later than the business day following the day the conditions were changed or the letter of credit was cancelled.

The terms of an irrevocable letter of credit are considered changed or an irrevocable letter of credit is considered canceled from the moment the executing bank receives the consent of the recipient of the funds.

The issuing bank informs the recipient of funds about the opening of a letter of credit and its conditions through the executing bank or through the recipient's bank with the consent of the latter.

The validity period of the letter of credit is equal to the validity period of the contract.

The amount and procedure for payment for bank services during settlements under letters of credit are regulated by the terms of contracts concluded with clients and agreements between banks participating in settlements under letters of credit. Since the bank takes an active part in this operation and is responsible for the execution of the transaction, this form of payment is the most expensive of non-cash payments.

To receive funds under a letter of credit, the recipient of funds submits to the executing bank four copies of the register of accounts, form 0401065, and the documents provided for by the terms of the letter of credit. The executing bank is obliged to check the external appearance of the documents for compliance with the terms of the letter of credit, as well as the correctness of the register of accounts. The period for checking documents should not exceed seven business days following the day of receipt of documents, unless otherwise provided by an agreement between the issuing bank and the executing bank.

When executing a revocable letter of credit, the executing bank makes payment in full if, by the time the documents are submitted, it has not received an order from the issuing bank to cancel the letter of credit, in part of the amount of the letter of credit - upon receipt of an order from the issuing bank to reduce the amount of the letter of credit.

If it is established that the specified documents do not conform on external grounds to the terms of the letter of credit, the executing bank has the right to refuse to accept them, immediately notifying the recipient of the funds and the issuing bank and pointing out the discrepancies that are the reason for the refusal. The recipient of funds has the right to re-submit the documents required by the letter of credit before its expiration.

When paying under a letter of credit, the amount specified in the register of accounts is credited (transferred) to the account of the recipient of funds by a payment order from the executing bank. The executing bank sends to the issuing bank a second copy of the register of accounts with the documents required by the terms of the letter of credit attached, as well as a third copy of the register of accounts for use by the issuing bank and for delivery to the payer.

If the terms of the letter of credit provide for acceptance by a person authorized by the payer, the latter must provide the executing bank with either a power of attorney issued by the payer (if the authorized person is an individual) or a copy of the agreement (if the authorized person is an organization).

The letter of credit is closed at the executing bank:

upon expiration of the letter of credit (in the amount of the letter of credit or its balance);

if the recipient of funds refuses to use the letter of credit (in full or in part) before its expiration, if this is permitted by the terms of the letter of credit, by sending an application to close the letter of credit to the executing bank.

Figure 4.4. Settlements using covered letters of credit

    The Supplier enters into an agreement with the Payer.

    The payer asks his bank to open a covered letter of credit in his favor.

    The payer's bank writes off the payer's money or the loan provided to him to its correspondent account in the RCC branch A, transfers it to the account of the supplier Bank in the RCC branch B and sends a credit memo.

    The supplier's bank debits the funds from its correspondent account and credits the money to a separate balance account ("letters of credit payable").

    Notification of the Supplier about the transfer of money.

    An authorized representative of the Payer checks the conditions and quality of delivery and gives acceptance.

    Delivery of goods.

    The supplier presents shipping and other documents to his bank.

    The Supplier's bank sends the documents to the payer for review.

    The payer agrees to pay for the delivery.

    The Supplier's bank pays the Supplier for the delivery by transferring money from a separate balance sheet account "letters of credit payable" to the supplier's bank account.

Fig.4.5. Settlements using guaranteed letters of credit

    A supply agreement is concluded

    The payer asks his bank to open a guaranteed letter of credit in his favor

    Consent of the payer's Bank and the supplier's Bank in the presence of correspondent relations.

    Notification of the Supplier about the banking agreement

    Acceptance of the authorized Buyer

    Delivery of goods

    Documents are presented to the Supplier's Bank for transfer to the Payer

    Documents for review are transferred to the Payer's Bank

    The payer agrees to payment

    The supplier's bank makes payment to the supplier of the delivery to the correspondent account

    Payment by the Payer of the delivery to his bank

Payments using checks

Checks have a long history of use, which determines their differentiation. There are checks for cash circulation, for non-cash payments, as well as for use in both cash and non-cash circulation (travelers' checks). Checks for non-cash payments are called settlement 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 procedure and conditions for the use of checks in payment transactions are regulated by part two of the Civil Code of the Russian Federation, and in the part not regulated by it, by other laws and banking rules established in accordance with them.

The check is paid by the payer at the expense of the drawer's funds.

Presentation of a check to the bank serving the check holder to receive payment is considered presentation of the check for payment.

The payer of a check is obliged to verify the authenticity of the check by all means available to him. The procedure for assessing damages arising as a result of payment by the payer of a forged, stolen or lost check is regulated by law.

For non-cash payments, checks issued by credit institutions can be used.

Checks issued by credit institutions are not used for settlements through divisions of the Bank of Russia settlement network.

In cases where the scope of circulation of checks is limited to a credit institution and its clients, checks are used on the basis of an agreement on settlements by checks concluded between the credit institution and the client.

Checks issued by credit institutions can be used in interbank settlements on the basis of agreements concluded with clients and interbank agreements on settlements by checks in accordance with the internal bank rules for conducting transactions with checks, developed by credit organizations and defining the procedure and conditions for the use of checks.

An interbank agreement on settlements by checks may provide for:

Conditions for circulation of checks when making payments;

The procedure for opening and maintaining accounts that record transactions with checks;

Composition, methods and timing of transmission of information related to the circulation of checks;

The procedure for supporting the accounts of credit institutions - participants in settlements;

Obligations and responsibilities of credit institutions - participants in settlements;

Procedure for changing and terminating the agreement.

Internal bank rules for conducting transactions with checks, defining the procedure and conditions for their use, must provide for:

The form of the check, a list of its details (mandatory, additional) and the procedure for filling out the check;

List of participants in settlements with these checks;

Deadline for presenting checks for payment;

Terms of payment for checks;

Conducting settlements and composition of check circulation operations;

Accounting for transactions with checks;

Procedure for archiving checks.

Payments for collection

Collection settlements are a banking operation through which the bank (hereinafter referred to as the issuing bank), on behalf and at the expense of the client, on the basis of settlement documents, carries out actions to receive payment from the payer. To carry out collection settlements, the issuing bank has the right to attract another bank (hereinafter referred to as the executing bank).

Settlements for collection are carried out on the basis of payment requests, payment of which can be made by order of the payer (with acceptance) or without his order (in an unaccepted manner), and collection orders, payment of which is made without the order of the payer (in an indisputable manner).

Payment requests and collection orders are submitted by the recipient of funds (collector) to the payer's account through the bank serving the recipient of funds (collector).

The recipient of the funds (collector) submits the specified settlement documents to the bank in the register of settlement documents submitted for collection, form 0401014, compiled in two copies.

The register may include, at the discretion of the recipient of funds (collector), payment requests and (or) collection orders.

The first copy of the register is drawn up with two signatures of persons authorized to sign settlement documents and a seal.

When accepting collection orders with attached executive documents, the bank's executive officer is obliged to check the compliance of the details of the payment document with the details of the executive document. The name indicated in the "Recipient" field of the settlement document may not correspond to the name of the creditor in the writ of execution in the case of collection of funds by a bailiff to the deposit account of the bailiff service.

The issuing bank, which has accepted payment documents for collection, undertakes the obligation to deliver them to their destination. This obligation, as well as the procedure and terms for reimbursement of costs for the delivery of settlement documents, are reflected in the bank account agreement with the client.

Institutions and divisions of the Bank of Russia settlement network carry out forwarding of settlement documents of credit institutions themselves and other clients of the Bank of Russia in an orderly manner.

Credit organizations (branches) organize the delivery of payment documents to their clients independently.

Partial payment of payment requests and collection orders located in the file cabinet under off-balance sheet account N 90902 “Settlement documents not paid on time” is allowed.

Calculations by payment requests

A payment request is a settlement document containing a demand from the creditor (recipient of funds) under the main agreement to the debtor (payer) to pay a certain amount of money through the bank.

Payment requirements are applied when making payments for goods supplied, work performed, services rendered, as well as in other cases provided for by the main agreement.

Settlements through payment requests can be carried out with prior acceptance and without the payer’s acceptance.

Without the payer's acceptance, settlements with payment requests are carried out in the following cases:

1) established by law;

2) provided for by the parties to the main 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 payment request is drawn up on form 0401061

Settlement of payment requests with acceptance of payers

In a payment request paid with the payer’s acceptance, the recipient of the funds enters “with acceptance” in the “Terms of payment” field.

The period for accepting payment requests is determined by the parties to the main agreement. In this case, the period for acceptance must be at least five working days.

When registering a payment request, the creditor (recipient of funds) under the main agreement in the “Term for acceptance” field indicates the number of days established by the agreement for accepting the payment request. In the absence of such an indication, the period for acceptance is considered to be five working days.

Acceptance of a payment request or refusal of acceptance (full or partial) is formalized by an application for acceptance, refusal of acceptance in form N 0401004

Acceptance can be complete or partial, but must be motivated. The main reasons for refusal to accept are:

    Inconsistent price;

    Shipment to incorrect address;

    Item not ordered.

Fig. 4.6. Calculations using payment requests with acceptance

    The Supplier sent the goods to the Payer;

    The Supplier sent a payment request with shipping documents to the Payer's Bank through its Bank;

    The Payer's bank handed over the documents for acceptance to the Payer;

    The Payer's bank has received the Payer's consent to pay;

    The Payer's Bank wrote off the funds from the Payer's current account and credited them to its correspondent account at the RCC branch A, then the funds are transferred to the RCC branch B to the correspondent account of the Supplier's Bank, and then the funds are debited from the correspondent account to the Supplier's current account;

    Notifying the Supplier of payment;

Settlements with payment requests without acceptance

In the payment request for the direct debiting of funds from the payers' accounts, in the "Terms of payment" field, the recipient of the funds enters "without acceptance", and also makes a reference to the law (indicating its number, date of adoption and the corresponding article), on the basis of which the collection is carried out. In the “Purpose of payment” field, the collector, in established cases, indicates the readings of measuring instruments and current tariffs, or makes a record of calculations based on measuring instruments and current tariffs.

In the payment request for direct debit of funds on the basis of an agreement, in the “Terms of payment” field, the recipient of the funds indicates “without acceptance”, as well as the date, number of the main agreement and its corresponding clause providing for the right to direct debit.

Banks do not consider the merits of payers’ objections to debiting funds from their accounts without acceptance.

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 applied:

1) in cases where an indisputable procedure for the collection of funds is established by law, including for the collection of funds by bodies performing control functions;

2) for collection under enforcement documents;

3) in cases provided for by the parties to the main 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.

When collecting funds from accounts in an indisputable manner in cases established by law, a reference to the law must be made in the collection order in the “Purpose of payment” field (indicating its number, date of adoption and the corresponding article).

When collecting funds on the basis of enforcement documents, the collection order must contain a reference to the date of issue of the enforcement document, its number, the number of the case on which the decision subject to enforcement was made, as well as the name of the body that made such a decision. If the enforcement fee is collected by a bailiff, the collection order must contain an indication of the collection of the enforcement fee, as well as a reference to the date and number of the enforcement document of the bailiff.

Collection orders for the collection of funds from accounts issued on the basis of writs of execution are accepted by the recovering bank with the attachment of the original of the writ of execution or its duplicate.

Banks do not consider the merits of payers’ objections to the debiting of funds from their accounts in an indisputable manner.

The procedure for making non-cash payments by individuals in the Russian Federation

Non-cash payments for individuals and legal entities have their own characteristics. The procedure for non-cash payments for individuals is regulated by the Regulations on the procedure for making non-cash payments by individuals in the Russian Federation dated April 1, 2003 No. 222-P (as amended by the Directive of the Central Bank of the Russian Federation dated January 22, 2008 N 1965-U) and the Civil Code, Chapter 46, paragraph 2 and Article 862.

Non-cash payments by individuals are carried out using a current account, which provides for settlement transactions not related to business activities.

When making non-cash payments on current accounts by individuals, forms of non-cash payments can be used (settlements by payment orders, settlements under letters of credit, settlements by checks, settlements by collection) taking into account the specifics.

The bank writes off funds from the current account of an individual by order of the account owner or without his order in cases provided for by law, on the basis of settlement documents within the limits of funds available in the account.

A file of unpaid settlement documents for an individual’s current account is not maintained.

Federal Law No. 88-FZ of July 28, 2004 “On Amendments to the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” establishes cases in which credit institutions have the right to refuse to conclude a bank account (deposit) agreement ) with an individual or legal entity.

To open a current account, an individual must submit the following documents:

Passport or other document proving identity in accordance with the legislation of the Russian Federation (hereinafter referred to as the identity document);

- “Card with samples of signatures and seal imprints” of form 0401026 of the All-Russian Classifier of Management Documentation OK 011-93, drawn up in the manner established by the Bank of Russia;

Other documents provided for by law and/or bank account agreement.

After checking the documents submitted by an individual, a bank account agreement is concluded with him, and a copy of the identity document is made in his presence. Documents for opening an account are kept in the client's legal file.

Payment documents can be issued in the form of a document on paper or electronically using analogues of a handwritten signature in the manner established by law, regulations of the Bank of Russia and a bank account agreement between the bank and an individual.

When transferring funds by an individual from his current account to the bank account of a legal entity or to the current account of an individual, as well as to other accounts (deposit account, account for settlements using bank cards), including the accounts of the payer himself, as well as legal person from his bank account to the current account of an individual (deposit account, account for settlements using bank cards) in the payment document in the "Payer" field, if the individual is a payer, in the "Recipient" field, if the individual is a recipient , indicate the full last name, first name, patronymic of the individual from whose account (to the account) the funds are transferred. When transferring funds by an individual, in the payment document the taxpayer identification number (TIN) of the individual (if any) is also indicated in the "TIN" field of the payer, or in the "Payer" field - after the full name. in brackets the address of the place of residence (registration) or place of stay or the date and place of birth.

Transactions involving the transfer of funds on behalf of individuals can be carried out without opening a bank account.

Without opening a bank account, operations are carried out to transfer funds received from individuals that are not related to their business activities in favor of legal entities and individuals.

Money orders for the transfer of funds from the current account of an individual, filled out and executed by the individual, are accepted by the bank or compiled by it at the request of the individual if there are funds in his current account. A bank account agreement may provide for the payment of payment orders presented by an individual if there are insufficient funds in his current account through a loan (overdraft) provided by the bank.

Partial payment of payment orders is not allowed.

Letter of Credit is intended for settlements with one recipient of funds (an individual, including an individual entrepreneur or legal entity).

Checks , issued by banks, must contain all the mandatory details established by the Civil Code of the Russian Federation, and may also contain additional details determined by the purposes of their use. The form of the check is determined by the bank independently.

An individual can act as a drawer or holder of a check. If an individual is the drawer of the check, the check is paid by the payer serving the bank at the expense of the drawer’s funds, which he has the right to dispose of by issuing checks.

Collection orders are used when making non-cash payments by individuals with a current account:

a) for collection under enforcement documents, if they are presented through the servicing bank - the issuing bank;

b) in cases provided for in the main agreement, subject to the provision of the servicing bank with the right to write off funds from the payer’s account without his order.

Self-test questions:

1. What is the structure of the Russian banking system?

2. What are the objectives, functions and operations of Central Banks?

3. What is the organizational and legal structure of credit institutions in the Russian Federation?

4. What are the goals of the creation and the mechanism of operation of the Deposit Insurance Agency?

5.What is the structure of cash circulation in the Russian Federation?

6. What types of interbank payments are accepted in the Russian Federation?

7. What forms of non-cash payments are used in the Russian Federation?

Literature:

    Civil Code of the Russian Federation;

    Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” dated February 10, 2002;

3. Federal Law “On Banks and Banking Activities”. Adopted by the State Duma on February 3, 1996. (with subsequent changes and additions);

4. Regulations of the Central Bank of the Russian Federation dated April 24, 2008. No. 218-P “Regulations on the procedure for conducting cash transactions and the rules for storage, transportation, collection of banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation”;

6. Regulations of the Central Bank of the Russian Federation “On the rules for organizing cash circulation on the territory of the Russian Federation” No. 14-P dated January 5, 1998;

7. Directive of the Central Bank of the Russian Federation dated June 20, 2007 No. 1843-U (as amended on April 28, 2008 No. 2003-U) “On the maximum amount of cash payments and the expenditure of cash received at the cash desk of a legal entity or to the cash desk of an individual entrepreneur” ;

8. Money, credit, banks / Ed. Lavrushina O.I. – Moscow: Finance and Statistics, 2007.

9. Banking: Textbook / Ed. Krolivetskaya L.P., Beloglazova G.N. - M.: Finance and Statistics, 2010

1In developed countries, the number of units of cash denominations approximately corresponds to the Russian monetary series. So in the USA and in the UK there are also 12 units each. There are 15 denominations of cash in the European Union: banknotes of 5, 10, 20, 50, 100, 200 and 500 euros, coins of 1, 2, 5, 10, 20, 50 cents and 1 and 2 euros. However, it should be borne in mind that the share of cash in the monetary turnover of Western countries is insignificant.

2Annuity (from Latin annuitas - annual payment) - equal cash payments paid at certain intervals to repay the received loan, loan and interest on it.


In the Russian Federation, non-cash payments from the point of view of their legal registration are carried out in accordance with the Regulations on non-cash payments in the Russian Federation No. 2-P dated October 3, 2002, as amended and supplemented. In accordance with the Regulations, non-cash payments are carried out through credit organizations (branches) and / or the Bank of Russia on accounts opened on the basis of a bank account agreement or a correspondent account agreement (sub-account).
Settlement transactions for transferring funds through credit institutions (branches) can be carried out using:
correspondent accounts (sub-accounts) opened with the Bank of Russia;
correspondent accounts opened with other credit institutions;
accounts of settlement participants opened with non-bank credit institutions carrying out settlement operations;
interbranch settlement accounts opened within one credit institution.
Debiting funds from an account is carried out by order of its owner or without the order of the account owner in cases provided for by law and / or agreement between the bank and the client on the basis of settlement documents drawn up in accordance with the requirements specified in the above Regulations, within the limits of funds available on the account funds, unless otherwise provided in agreements concluded between the Bank of Russia or credit institutions and their clients.
If there are insufficient funds in the account to satisfy all demands placed on it, funds are written off as they are received in the order established by law.
The Regulations name the following forms of non-cash payments:
a) settlements by payment orders;
b) settlements under a letter of credit;
c) payments by checks;
d) settlements for collection.
Forms of non-cash payments are chosen by bank clients independently and are provided for in agreements concluded by them with their counterparties. Within the framework of non-cash settlement forms, payers and recipients of funds (collectors), as well as the banks and correspondent banks servicing them, are considered as participants in settlements.
Banks carry out settlements on the basis of formalized settlement documents. A settlement document is a document drawn up on paper or, in certain cases, an electronic payment document:
order of the payer (client or bank) to write off
funds from your account and transferring them to the recipient’s account;
order of the recipient of funds (collector) to write off
funds from the payer's account and transfer to the account,
specified by the recipient of funds (collector).
The following settlement documents are used:
a) payment orders;
b) letters of credit;
c) checks;
d) payment requirements;
e) collection orders.
Payment documents must contain the following details (taking into account the specifics of the forms and the procedure for making non-cash
calculations):
a) name of the settlement document and code of the OKUD form;
b) the number of the payment document, the day, month and year of its issue;
c) type of payment;
d) the name of the payer, his account number, taxpayer identification number (TIN) or foreign organization code (FIO);
e) name and location of the payer's bank, its bank identification code (BIC), correspondent account or sub-account number;
f) name of the recipient of funds, his account number, taxpayer identification number (TIN);
g) name and location of the recipient's bank, its bank identification code (BIC), correspondent account or sub-account number;
h) purpose of payment;
i) the amount of payment indicated in words and figures;
j) order of payment;
k) type of transaction in accordance with the rules of accounting in the Bank of Russia and credit institutions located on the territory of the Russian Federation;
l) signatures (signature) of authorized persons (persons) and seal impression (in established cases).
Corrections, blots and erasures, as well as the use of correction fluid in settlement documents are not allowed. Payment documents are valid for presentation to the servicing bank for ten calendar days, not counting the day of their issue.
The bank debits funds from the account based on the first copy of the payment document. Payers have the right to revoke their payment orders, recipients of funds (collectors) - settlement documents accepted by the bank in the order of settlements for collection (payment requests, collection orders), not paid due to insufficient funds in the client's account and placed in the file cabinet under off-balance sheet account N 90902 "Settlement documents not paid on time."
Unexecuted settlement documents may be withdrawn from the card index in full, and partially executed ones - in the amount of the balance.
Partial withdrawal of amounts from settlement documents is not permitted.
Revocation of settlement documents is carried out on the basis of a client’s application submitted to the bank, drawn up in two copies in any form, indicating the details necessary for the revocation, including the number, date of preparation, amount of the settlement document, name of the payer or recipient of funds (collector).
Both copies of the application for revocation are signed on behalf of the client by persons authorized to sign settlement documents, certified by a seal and submitted to the bank servicing the payer - for payment orders or the recipient of funds (collector) - for payment requests and collection orders. One copy of the application for revocation is placed in the bank's daily documents, the second is returned to the client as a receipt for receipt of the application for revocation.
The bank serving the recipient of funds (collector),
carries out withdrawal of payment requests and collection orders
by sending a written application to the payer’s bank,
drawn up on the basis of a client’s application.
Recalled payment orders are returned by banks
payers; settlement documents received in the order of settlements for collection - to recipients of funds (collectors) after their receipt from banks servicing payers.
The return of settlement documents from the file cabinet for off-balance sheet account N 90902 “Settlement documents not paid on time” in the event of closing a client’s account is carried out in the following order.
Payment orders are returned to the payer. Payment documents received by the bank in the order of settlements for collection are returned to the recipients of funds (collectors) through the bank servicing them, indicating the date of account closure.
When returning payment documents, the bank draws up an inventory of them, which is to be stored together with the legal file of the client whose account is being closed.
If it is impossible to return payment requests and collection orders in the event of liquidation of the recipient's bank (collector) or lack of information about the location of the recipient of funds (collector), they are subject to storage together with the legal file of the client whose account is closed.
When returning payment documents accepted but not executed for one reason or another, the bank marks confirming their acceptance for execution are crossed out by the corresponding bank. On the reverse side of the first copy of the payment request and collection order, a note is made about the reason for the return, the date of return, the bank stamp, as well as the signatures of the responsible executor and the supervisory employee are affixed. An entry is made in the journal for registering payment requests and collection orders indicating the date of return.
Let us consider in more detail the forms of non-cash payments.
Settlements by payment orders.
A payment order is an order from the account owner (payer) to the bank servicing him, documented as a settlement document, to transfer a certain amount of money to the recipient's account opened in this or another bank. Payment orders can be made:
a) transfer of funds for goods supplied, work performed, services rendered;
b) transfers of funds to budgets of all levels and to extra-budgetary funds;
c) transfer of funds for the purpose of returning / placing credits (loans) / deposits and paying interest on them;
d) transfer of funds for other purposes provided for by law or agreement.
Payment orders are accepted by the bank regardless of the availability of funds in the payer's account. If there are no or insufficient funds in the payer's account, payment orders are placed in a file cabinet in off-balance sheet account N 90902 "Settlement documents not paid on time." In this case, on the front side in the upper right corner of all copies of the payment order, a mark in any form is placed on the placement in the card index indicating the date. Payment of payment orders is made as funds are received in the order established by law.
Settlements under letters of credit.
A letter of credit is a monetary obligation of a bank issued on the basis of an order from its client in favor of a client of another bank. When making payments under a letter of credit, the bank acting on behalf of the payer to open a letter of credit (hereinafter referred to as the issuing bank) undertakes to make payments in favor of the recipient of funds upon presentation by the latter of documents that comply with all the conditions of the letter of credit, or to authorize another bank (hereinafter referred to as the executing bank) to make such payments. The executing bank may be the issuing bank, the recipient bank, or another bank. The letter of credit is separate and independent from the main agreement between the counterparties.
Banks can open the following types of letters of credit: covered (deposited) and uncovered (guaranteed); revocable and irrevocable (can be confirmed).
When opening a covered (deposited) letter of credit, the issuing bank transfers, at the expense of the payer's funds or the loan provided to him, the amount of the letter of credit (coverage) at the disposal of the executing bank for the entire validity period of the letter of credit.
When opening an uncovered (guaranteed) letter of credit, the issuing bank grants the executing bank the right to write off funds from the correspondent account of the issuing bank maintained by it within the amount of the letter of credit or indicates in the letter of credit another method of reimbursing the executing bank for the amounts paid under the letter of credit in accordance with its terms. The procedure for writing off funds from the correspondent account of the issuing bank under an uncovered (guaranteed) letter of credit, as well as the procedure for reimbursement of funds under an uncovered (guaranteed) letter of credit by the issuing bank to the executing bank is determined by an agreement between the banks. The procedure for reimbursement of funds under an uncovered (guaranteed) letter of credit by the payer to the issuing bank is determined in the agreement between the payer and the issuing bank.
In the event of a change in the conditions or cancellation of a revocable letter of credit, the issuing bank is obliged to send a corresponding notice to the recipient of funds no later than the business day following the day the conditions were changed or the letter of credit was cancelled.
The terms of an irrevocable letter of credit are considered changed or an irrevocable letter of credit is considered canceled from the moment the executing bank receives the consent of the recipient of the funds. Partial acceptance of changes to the terms of an irrevocable letter of credit by the recipient of funds is not permitted.
At the request of the issuing bank, an irrevocable letter of credit can be confirmed by the executing bank with the assumption of an obligation, additional to the obligation of the issuing bank, to make payment to the recipient of funds upon presentation of documents that comply with the terms of the letter of credit (confirmed letter of credit). The terms of a confirmed letter of credit are considered amended or the letter of credit is considered canceled from the moment the issuing bank receives the consent of the executing bank that confirmed the letter of credit and the recipient of the funds.
The issuing bank informs the recipient of funds about the opening of a letter of credit and its conditions through the executing bank or through the recipient's bank with the consent of the latter. Payment under a letter of credit is made by bank transfer.
When making payments under a letter of credit, the payer submits to the issuing bank two copies of an application for opening a letter of credit, in which he instructs the issuing bank to open a letter of credit. The issuing bank develops the application form for opening a letter of credit independently. The application for opening a letter of credit shall indicate information corresponding to the details of the payment documents that were discussed above as provided in paragraph 2.10 of this part of the Regulations, as well as the following information: name of the issuing bank; name of the recipient's bank; name of the executing bank; type of letter of credit (revocable or irrevocable); payment terms of the letter of credit; list and characteristics of documents submitted by the recipient of funds, and requirements for the execution of these documents; closing date of the letter of credit, period for submitting documents; name of goods (works, services) for payment for which a letter of credit is opened, term of shipment of goods (performance of work, provision of services), consignor, consignee, destination of the cargo.
Based on the application for opening a letter of credit, the issuing bank draws up a letter of credit on the prescribed form. If there is a large list of documents to be specified in the letter of credit, an annex to the letter of credit can be drawn up in any form, which is referred to in the letter of credit and which is an integral part of the letter of credit.
To make payments under a covered (deposited) letter of credit, the letter of credit indicates the number of the account opened by the executing bank to make payments under the letter of credit. The specified account is opened at the request of the issuing bank, drawn up in any form on the basis of an application for opening a letter of credit. The number of the specified account is brought to the attention of the issuing bank by the executing bank, and by the issuing bank to the attention of the payer.
In case of changes in the conditions or cancellation of the letter of credit, the payer submits a corresponding order to the issuing bank. In accordance with this order, the issuing bank sends a message to the executing bank about changing the conditions or canceling the letter of credit. The specified order of the payer, a message from the issuing bank about changing the conditions or canceling the letter of credit can be sent in the form of a document on paper, drawn up in any form and executed with the signatures of persons authorized to sign settlement documents and a seal, or in the form of a document in electronic form in in accordance with the terms of the agreement between the payer and the issuing bank (for the specified order of the payer) or the agreement between the issuing bank and the executing bank (for notification of the issuing bank about changing the conditions or canceling the letter of credit to the executing bank).
The recipient of funds may be notified of changes in the terms or cancellation of the letter of credit by the issuing bank through the nominated bank or through the bank of the recipient of funds.
The transfer of funds to the executing bank in order to increase the amount of the covered (deposited) letter of credit is carried out by a payment order of the issuing bank, drawn up on the basis of the payer’s order to increase the amount of the letter of credit. The procedure for increasing the amount of an uncovered (guaranteed) letter of credit is determined by agreement between the issuing bank and the executing bank.
Upon receipt of documents under a letter of credit from the executing bank, the issuing bank checks the compliance of the submitted documents and their details with the terms of the letter of credit on the basis of the documents themselves (hereinafter referred to as verification by external signs). The period for checking documents should not exceed seven business days following the day of receipt of documents, unless otherwise provided by an agreement between the issuing bank and the executing bank.
If it is established that documents do not conform by external features to the terms of the letter of credit, the issuing bank has the right to refuse to accept them or to first request the payer about the possibility of accepting these documents. If the issuing bank refuses to accept the specified documents, it is obliged to notify the bank from which the documents were received or the recipient of the funds, indicating in the notification the discrepancies that are the reason for the refusal.
If a discrepancy is established by external signs between the documents accepted by the executing bank from the recipient of funds and the terms of the letter of credit, the issuing bank has the right to demand from the executing bank the return of amounts paid to the recipient of funds at the expense of the coverage transferred to the executing bank (under a covered (deposited) letter of credit), restoration of amounts written off from a correspondent account opened with the nominated bank, or refuse to reimburse the nominated bank for amounts paid to the recipient of funds (under an uncovered (guaranteed) letter of credit).
The issuing bank is obliged, no later than the business day following the day of return of the amount of the unused balance or the amount of the reduced or canceled covered (deposited) letter of credit, to credit the corresponding amount to the payer’s account from which the funds were debited to cover the letter of credit.
The executing bank immediately notifies the recipient of the funds about the receipt of the letter of credit in a manner agreed upon with it, followed by written confirmation in any form no later than the business day following the day of receipt of the letter of credit from the issuing bank. If the executing bank is not the bank serving the recipient of the funds, the executing bank has the right to inform the recipient of the funds about the receipt of the letter of credit through the recipient's bank.
To receive funds under a letter of credit, the recipient of funds submits to the executing bank four copies of the register of accounts in the established form and the documents provided for by the terms of the letter of credit. The executing bank is obliged to check the external appearance of the documents for compliance with the terms of the letter of credit, as well as the correctness of the register of accounts. The period for checking documents should not exceed seven business days following the day of receipt of documents, unless otherwise provided by an agreement between the issuing bank and the executing bank.
When it is established that the specified documents comply with the terms of the letter of credit and the correctness of the register of accounts, the executing bank makes payment under the letter of credit. When executing a revocable letter of credit, the executing bank makes payment in full if, by the time the documents are submitted, it has not received an order from the issuing bank to cancel the letter of credit, in part of the amount of the letter of credit - upon receipt of an order from the issuing bank to reduce the amount of the letter of credit.
If it is established that the specified documents do not conform on external grounds to the terms of the letter of credit, the executing bank has the right to refuse to accept them, immediately notifying the recipient of the funds and the issuing bank and pointing out the discrepancies that are the reason for the refusal. The recipient of funds has the right to re-submit the documents required by the letter of credit before its expiration.
When paying under a letter of credit, the amount specified in the register of accounts is credited (transferred) to the account of the recipient of funds by a payment order from the executing bank. The first copy of the payment order, together with the first copy of the register of accounts, is placed in the bank's day-to-day documents as a basis for writing off funds from the account intended for accounting for amounts under a covered (deposited) letter of credit, or as a basis for writing off funds from the correspondent account of the issuing bank opened in the executing bank, under an uncovered (guaranteed) letter of credit.
The executing bank sends to the issuing bank a second copy of the register of accounts with the documents required by the terms of the letter of credit attached, as well as a third copy of the register of accounts for use by the issuing bank and for delivery to the payer.
The letter of credit is closed at the executing bank: upon expiration of the letter of credit (in the amount of the letter of credit or its balance); if the recipient of funds refuses to use the letter of credit (in full or in part) before its expiration, if this is permitted by the terms of the letter of credit, by sending an application to close the letter of credit to the executing bank. The terms of the letter of credit may provide for obtaining the consent of the payer and (or) the issuing bank to refuse to use the letter of credit by the recipient of funds. Refusal to use a confirmed letter of credit is possible with the consent of the confirming bank; when a letter of credit is revoked (in full or in part) by the issuing bank, including at the request of the payer or after receiving the consent of the recipient of funds under an irrevocable letter of credit.
When a covered (deposited) letter of credit is revoked in part of the amount of the letter of credit, the accountant of the executing bank puts the mark “Partial revocation” on the front side of the letter of credit, the amount indicated in numbers is circled and a new amount is entered. On the reverse side of the covered (deposited) letter of credit, a record is made of the amount of the refunded amount and the date of return, which is certified by the signature of the accountant indicating the surname, as well as the stamp of the bank.
The refund of the amount to the issuing bank under a covered (deposited) letter of credit is carried out by the executing bank by payment order simultaneously with the closure of the letter of credit upon expiration of the letter of credit or on the day of presentation of the document serving as the basis for closing the letter of credit.
The procedure for revoking an uncovered (guaranteed) letter of credit is established by an agreement between the issuing bank and the executing bank.
About the closure of the letter of credit, the executing bank must send a notification to the issuing bank, drawn up in any form and issued with the bank's stamp, the date of preparation and the signature of the accountant.
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 procedure and conditions for the use of checks in payment transactions are regulated by part two of the Civil Code of the Russian Federation, and in the part not regulated by it, by other laws and banking rules established in accordance with them.
The check is paid by the payer at the expense of the drawer's funds. The drawer does not have the right to revoke a check before the expiration of the established period for its presentation for payment. Presentation of a check to the bank serving the check holder to receive payment is considered presentation of the check for payment. The payer of a check is obliged to verify the authenticity of the check by all means available to him. The procedure for assessing damages arising as a result of payment by the payer of a forged, stolen or lost check is regulated by law. For non-cash payments, checks issued by credit institutions can be used. Checks of credit institutions can be used by clients of the credit institution issuing these checks, as well as in interbank settlements in the presence of correspondent relations. Checks issued by credit institutions are not used for settlements through divisions of the Bank of Russia settlement network.
Checks issued by credit institutions can be used in interbank settlements on the basis of agreements concluded with clients and interbank agreements on settlements by checks in accordance with the internal bank rules for conducting transactions with checks, developed by credit organizations and defining the procedure and conditions for the use of checks.
An interbank agreement on settlements by checks may provide for:
conditions for circulation of checks when making payments;
the procedure for opening and maintaining accounts that record transactions with checks;
composition, methods and timing of transmission of information related to the circulation of checks;
the procedure for supporting the accounts of credit institutions participating in settlements;
obligations and responsibilities of credit institutions - participants in settlements;
procedure for changing and terminating the agreement.
Internal bank rules for conducting transactions with checks, defining the procedure and conditions for their use, must provide for:
check form, list of its details (mandatory,
additional) and the procedure for filling out the check;
list of participants in settlements with these checks;
deadline for presenting checks for payment;
check payment terms;
conducting settlements and composition of check circulation operations;
accounting registration of transactions with checks;
procedure for archiving checks.
Payments for collection.
Collection settlements are a banking operation through which the bank (hereinafter referred to as the issuing bank), on behalf and at the expense of the client, on the basis of settlement documents, carries out actions to receive payment from the payer. To carry out collection settlements, the issuing bank has the right to attract another bank (hereinafter referred to as the executing bank).
Settlements for collection are carried out on the basis of payment requests, payment of which can be made by order of the payer (with acceptance) or without his order (in an unaccepted manner), and collection orders, payment of which is made without the order of the payer (in an indisputable manner). Payment requests and collection orders are submitted by the recipient of funds (collector) to the payer's account through the bank serving the recipient of funds (collector).
When accepting payment requests and collection orders for collection, the executive officer of the issuing bank checks the compliance of the payment document with the established form of the form, the completeness of filling in all the details provided for in the form, the compliance of the signatures and seal of the recipient of funds (collector) with the samples specified in the card with sample signatures and seal impressions , as well as the identity of all copies of settlement documents. After checking the correctness of completion, all copies of accepted payment documents are stamped with the issuing bank, the date of receipt and the signature of the responsible executor. Unaccepted documents are deleted from the register of settlement documents submitted for collection and returned to the recipient of funds (collector), the number and amount of settlement documents in the register are corrected. Both copies of the register and corrections in them are certified by the signature of the responsible executive of the issuing bank.
The last copies of settlement documents, together with the second copy of the register, are returned to the recipient of funds (collector) as confirmation of acceptance of documents for collection.
The first copies of the registers remain in the issuing bank, are filed in a separate folder, are used as a journal for registering settlement documents accepted for collection and are stored in the issuing bank in accordance with the established retention periods for documents.
The issuing bank that has accepted payment documents for collection undertakes the obligation to deliver them to their intended destination.
If there are no or insufficient funds in the payer’s account and if there is no provision in the bank account agreement for payment of settlement documents in excess of the funds available in the account, payment requests accepted by the payer, payment requests for direct debit of funds and collection orders (with attached in cases established by law executive documents) are placed in a file cabinet under off-balance sheet account N 90902 “Settlement documents not paid on time” indicating the date of placement in the file cabinet.
The executing bank is obliged to notify the issuing bank about the placement of settlement documents in the file cabinet for off-balance sheet account N 90902 “Settlement documents not paid on time” by sending a notice of filing in the file cabinet. The specified notice is sent by the executing bank to the issuing bank no later than the business day following the day the settlement documents are placed in the file cabinet. In this case, on the reverse side of the first copy of the payment document, a mark is made on the date of sending the notice, a bank stamp and the signature of the responsible executor are affixed.
The issuing bank delivers a notice of filing to the client upon receipt of a notice from the executing bank.
Payment of settlement documents is made as funds are received into the payer's account in the order established by law.
Calculations of payment requirements.
The payment request is a settlement document,
containing the requirement of the creditor (recipient of funds) under the main agreement to the debtor (payer) to pay a certain amount of money through the bank.
Payment requirements are applied when making payments for goods supplied, work performed, services rendered, as well as in other cases provided for by the main agreement. Settlements through payment requests can be carried out with prior acceptance and without the payer’s acceptance. Without the payer's acceptance, settlements with payment requests are carried out in the following cases:
established by law;
provided for by the parties to the main 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 payment request is drawn up on the prescribed form. In addition to the mandatory details discussed above, the payment request shall indicate:
a) payment terms;
b) deadline for acceptance;
c) the date of sending (handing over) to the payer the documents provided for in the contract if these documents were sent (handing over) to the payer;
d) name of the goods (work performed, services rendered), number and date of the contract, numbers of documents confirming the delivery of goods (performance of work, provision of services), date of delivery of the goods (performance of work, provision of services), method of delivery of goods and other details.
Payment requests can be paid with or without the payer’s acceptance. In a payment request paid with the payer’s acceptance, the recipient of the funds makes an entry “with acceptance” in the request form. The period for accepting payment requests is determined by the parties to the main agreement. In this case, the period for acceptance must be at least five working days.
The last copy of the payment request is transferred to the payer for acceptance no later than the next business day from the date of receipt of the payment request by the bank. The transfer of payment requests to the payer is carried out by the executing bank in the manner prescribed by the bank account agreement. Payment requests are placed by the executing bank in the file cabinet of settlement documents awaiting acceptance for payment until the payer's acceptance is received, the acceptance is refused (full or partial), or the acceptance period expires.
The payer, within the period established for acceptance, submits to the bank the appropriate document on the acceptance of the payment request or refusal in whole or in part from its acceptance on the grounds provided for in the main agreement, including in the event of a discrepancy between the applied payment form and the concluded agreement, with a mandatory reference to clause, number, date of the contract and indicating the reasons for refusal.
The payer may grant the executing bank in the bank account agreement the right to pay payment claims submitted to his account by any creditors (recipients of funds) indicated by the payer if he does not receive from the payer a document on acceptance or refusal to accept (full or partial) the payment claim within the period specified. established for acceptance.
Acceptance of a payment request or refusal to accept (full or partial) is formalized by an application for acceptance or refusal of acceptance in the prescribed form.
When accepting payment requests, the application is drawn up in two copies, the first of which is drawn up with the signatures of officials who have the right to sign settlement documents and the payer’s seal.
In case of complete or partial refusal of acceptance, the application is drawn up in triplicate. The first and second copies of the application are drawn up with the signatures of officials who have the right to sign settlement documents and the payer’s seal.
The responsible executive of the bank servicing the payer's account checks the correctness and completeness of the client's application for acceptance, refusal of acceptance, the presence of grounds for refusal, references to the number, date, clause of the contract in which this basis is provided, as well as the correspondence of the number and date of the contract, specified in the payment request, and affixes his signature and the bank’s stamp indicating the date on all copies of the application. The last copy of the application for acceptance or refusal of acceptance is returned to the payer as a receipt for receipt of the application.
An accepted payment request, no later than the business day following the day the application was received, is written off by a memorial order from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and is paid from the payer’s account. A copy of the application, together with the first copy of the payment request, is placed in the documents of the day as a basis for debiting funds from the client’s account.
If acceptance is completely refused, the payment request is written off by a memorial order from the off-balance sheet account for the amounts of settlement documents awaiting acceptance for payment, and no later than the business day following the day the application was received, it must be returned to the issuing bank along with a copy of the application for return to the recipient of the funds.
A copy of the application, together with a copy of the payment request and a memorial order, is placed in the documents of the day as a basis for writing off the amount of the payment request from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and returning the settlement document without payment.
In case of partial refusal of acceptance, the payment request, no later than the business day following the day of acceptance of the application, is written off in full by a memorial order from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and is paid in the amount accepted by the payer. In this case, the amount of the payment request, indicated by numbers, is circled and the new amount to be paid is displayed next to it. The entry made is certified by the signature of the responsible executive of the bank.
One copy of the application, together with the first copy of the payment request, is placed in the documents of the day as a basis for debiting funds from the client’s account, another copy of the application, no later than the business day following the day the application is received, is sent to the issuing bank for transfer to the recipient of the funds.
In a payment request for the direct debiting of funds from payers’ accounts on the basis of legislation or an agreement, in the “Terms of payment” field, the recipient of funds enters “without acceptance”, and also makes a reference to the law (indicating its number, date of adoption and the corresponding article), on on the basis of which the collection is carried out or the date, number of the main agreement and its corresponding clause providing for the right of direct write-off.
Direct debiting of funds from an account in cases provided for by the main agreement is carried out by the bank if there is a condition in the bank account agreement on direct debiting of funds or on the basis of an additional agreement to the bank account agreement containing the corresponding condition. The payer is obliged to provide the servicing bank with information about the creditor (recipient of funds), who has the right to submit payment requests for debiting funds without acceptance, the name of the goods, works or services for which payments will be made, as well as about the main agreement (date, number and the corresponding clause providing for the right of direct debit).
The absence of a condition on direct debiting of funds in a bank account agreement or an additional agreement to a bank account agreement, as well as the absence of information about the creditor (recipient of funds) and other above information is grounds for the bank to refuse to pay a payment request without acceptance. This payment request is paid in accordance with the preliminary acceptance procedure with a period for acceptance of five working days.
When accepting payment requests for direct debiting of funds, the executive officer of the executing bank is obliged to check the presence of a reference to the legislative act (main agreement) giving the recipient the right to the specified settlement procedure, its date, number, corresponding clause, and also, in established cases, the presence readings of measuring instruments and current tariffs or records of calculations based on measuring instruments and current tariffs.
In the absence of an indication “without acceptance”, payment requests are subject to payment by the payer in the order of preliminary acceptance with a period for acceptance of five working days. Banks do not consider the merits of payers’ objections to debiting funds from their accounts without acceptance.
Payments 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 applied:
in cases where an indisputable procedure for the collection of funds is established by law, including for the collection of funds by bodies performing control functions;
for collection under enforcement documents;
in cases provided for by the parties to the main 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 collection order is drawn up on the prescribed form. When collecting funds from accounts in an indisputable manner in cases established by law, a reference to the law must be made in the collection order in the “Purpose of payment” field (indicating its number, date of adoption and the corresponding article). When collecting funds on the basis of enforcement documents, the collection order must contain a reference to the date of issue of the enforcement document, its number, the number of the case on which the decision subject to enforcement was made, as well as the name of the body that made such a decision. In case of collection of the enforcement fee by a bailiff, the collection order must contain an indication of the collection of the enforcement fee, as well as a reference to the date and number of the enforcement document of the bailiff.
Collection orders for the collection of funds from accounts issued on the basis of writs of execution are accepted by the recovering bank with the attachment of the original of the writ of execution or its duplicate.
Banks servicing debtors (executing banks) execute received collection orders with attached writs of execution or, in the absence or insufficiency of funds in the debtor’s account to satisfy the demands of the creditor, make a note on the writ of execution about the complete or partial failure to fulfill the requirements specified in it in connection with the lack of funds in the debtor’s account and place the collection order with the attached writ of execution in the file cabinet in off-balance sheet account No. 90902 “Settlement documents not paid on time.” Collection orders are executed as funds are received in the order established by law.
The undisputed procedure for writing off funds is applied for obligations in accordance with the terms of the main agreement, except for cases established by the Bank of Russia.
Write-off of funds in an indisputable manner in the cases provided for by the main agreement is carried out by the bank if there is a condition in the bank account agreement on the write-off of funds in an indisputable manner or on the basis of an additional agreement to the bank account agreement containing the corresponding condition. The payer is obliged to provide the servicing bank with information about the creditor (recipient of funds) who has the right to issue collection orders to write off funds in an indisputable manner, the obligation under which payments will be made, as well as about the main agreement (date, number and the corresponding clause providing for the right undisputed write-off).
The absence of a condition on writing off funds in an indisputable manner in the bank account agreement or an additional agreement to the bank account agreement, as well as the absence of information about the creditor (recipient of funds) and other above information is grounds for the bank to refuse to pay the collection order.
The collection order must contain a reference to the date, number of the main agreement and its corresponding clause providing for the right of undisputed write-off.
Banks do not consider the merits of payers’ objections to the debiting of funds from their accounts in an indisputable manner.
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 to suspend collection;
if there is a judicial act on suspension of collection;
on other grounds provided by law.
The document submitted to the bank indicates the details of the collection order, the collection of which must be suspended.
When the write-off of funds under a collection order is resumed, its execution is carried out while maintaining the priority group specified in it and the calendar order of receipt of the document within the group.
The writ of execution, for which the collection of funds was not carried out (except for cases of termination of enforcement proceedings) or was carried out partially, is returned together with the collection order by the executing bank to the issuing bank for delivery to the recoverer personally against receipt of receipt or by registered mail with notification. In this case, the executing bank makes a note on the writ of execution on the date of return of the writ of execution indicating the amount collected if there was a partial payment for the document.
The writ of execution, the collection of funds for which has been made or terminated in accordance with the law, is returned by the executing bank by registered mail with notification to the court or other body that issued the writ of execution. In this case, the executing bank makes a note on the writ of execution indicating the date of its execution indicating the amount collected or the date of return indicating the grounds for termination of collection (number and date of the claimant’s application, court ruling (arbitration court) or other document) and the amount recovered if there was a partial payment for the document.

Position

a common part

Part I. On forms of non-cash payments and the procedure for their application

Chapter 1. Forms of non-cash payments and conditions for their use

Chapter 2. Payment documents, the procedure for filling them out, submitting, recalling and returning them

Chapter 3. Settlements by payment orders

Chapter 4. Settlements under letters of credit

Chapter 5. Procedure for working with letters of credit at the issuing bank

Chapter 6. Procedure for working with letters of credit at the executing bank

Chapter 7. Payments by checks

Chapter 8. Payments for collection

Chapter 9. Calculations with payment requests

Chapter 10. Settlements with payment requests paid with the acceptance of payers

Chapter 11. Settlements with payment requests paid without the payers’ acceptance

Chapter 12. Settlements by collection orders

Part II. The procedure for carrying out settlement transactions through correspondent accounts (sub-accounts) of credit institutions (branches) opened with the Bank of Russia

Chapter 1. Features of settlements through the Bank of Russia

Chapter 2. The procedure for submitting settlement documents on paper by a credit institution (branch)

Chapter 3. Procedure for submission of electronic payment documents by a credit institution (branch)

Chapter 4. The procedure for carrying out settlement transactions on a correspondent account (sub-account) of a credit institution (branch)

Chapter 5. The procedure for recalling settlement documents from the file cabinet of unpaid settlement documents in a division of the settlement network of the Bank of Russia

Chapter 6. The procedure for opening and closing correspondent accounts (sub-accounts) of credit institutions (branches) with the Bank of Russia

Chapter 7. The procedure for returning settlement documents from the file cabinet of unpaid settlement documents when closing a correspondent account (sub-account) of a credit organization (branch)

Part III. The procedure for carrying out settlement transactions on correspondent accounts of credit institutions (branches) opened with other credit institutions (branches) and on interbranch settlement accounts between divisions of one credit institution

Chapter 1. The procedure for making payments through correspondent accounts opened with other credit institutions

Chapter 2. The procedure for carrying out settlement transactions on interbranch settlement accounts between divisions of one credit institution

Appendix 1. Payment order

Appendix 2. Payment order

Appendix 3. Payment order

Appendix 4. Description of payment order fields

Appendix 5. Letter of Credit

Appendix 6. Letter of Credit

Appendix 7. Letter of Credit

Appendix 8. Description of the fields of the letter of credit

Appendix 9. Payment request

Appendix 10. Payment request

Appendix 11. Payment request

Appendix 12. Description of payment request fields

Appendix 13. Collection order

Appendix 14. Collection order

Appendix 15. Collection order

Appendix 16. Description of the fields of the collection order

Appendix 17. Payment order

Appendix 18. Payment order

Appendix 19. Payment order

Appendix 20. Description of payment order fields

Appendix 21. Register of accounts

Appendix 22. Register of settlement documents submitted for collection

Appendix 23. Notice of filing in the file cabinet

Appendix 24. Statement of acceptance, refusal of acceptance

Appendix 25. Procedure for filling out a consolidated payment order

Appendix 26. Inventory of settlement documents

Appendix 27. Personal account

Appendix 28. Features of settlement transactions and their accounting in the presence of funds in the correspondent account (sub-account) of a credit institution (branch)

Appendix 29. Notice of placing unpaid settlement documents in the file cabinet

Appendix 30. Notice of return of payment documents

Appendix 31. Certificate of paid, placed in the file cabinet, returned payment documents on paper

Appendix 32. Application for opening a correspondent account (sub-account)

The procedure for recording transactions when making settlements through correspondent accounts

The procedure for recording transactions in interbranch settlement accounts

  • Chapter 1. General provisions
  • Chapter 2. Procedures for acceptance for execution, recall, return (cancellation) of orders and the procedure for their execution
  • Chapter 3. Features of the procedures for accepting for execution orders of payment system participants
  • Chapter 4. Procedures for executing orders and the order of their execution
  • Chapter 5. Settlements by payment orders
  • Chapter 6. Settlements under the letter of credit
  • Chapter 7. Settlements by collection orders
  • Chapter 8. Payments by checks
  • Chapter 9. Payments in the form of funds transfer at the request of the recipient of funds (direct debit)
  • Chapter 10. Final provisions
  • Appendix 1. List and description of the details of the payment order, collection order, payment request Appendix 2. Form 0401060 "Payment order" Appendix 3. Form 0401060 "Payment order" (numbering of the form fields) Appendix 4. Form 0401071 "Collection order" Appendix 5. Form 0401071 "Collection order" (numbering of form fields) Appendix 6. Form 0401061 "Payment request" Appendix 7. Form 0401061 "Payment request" (numbering of form fields) Appendix 8. List and description of payment order details Appendix 9. Form 0401066 "Payment order" Appendix 10. Form 0401066 "Payment order" (numbering of form fields) Appendix 11. The maximum number of characters in the details of a payment order, collection order, payment request, payment order, compiled electronically Appendix 12. The procedure for the recipient of funds to generate a unique payment identifier and its control by the payer’s bank in the case of transfer of funds to the recipient’s bank account opened for the purpose of identifying the payment Appendix 13. Procedure for control of an order, in detail 110 of which the payment code is indicated

Regulation of the Bank of Russia dated June 19, 2012 N 383-P
"On the rules for transferring funds"

With changes and additions from:

July 15, 2013, April 29, 2014, May 19, November 6, 2015, July 5, 2017, October 11, 2018

This Regulation was developed on the basis of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System" (Collection of Legislation of the Russian Federation, 2011, N 27, Art. 3872), Federal Law of July 10, 2002 N 86-FZ " On the Central Bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 25, Art. 2426; N 30, Art. 3101; 2006, N 19, Art. 2061; N 25, Art. 2648; 2007, N 1, Art. 9, Art. 10; N 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, Art. 3629; N 48, Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, Art. 3873; N 43, Art. 5973; N 48, Art. 6728), the Federal Law “On Banks and Banking Activities” (as amended by the Federal Law of February 3, 1996 N 17-FZ) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, No. 6, Art. 492; 1998, N 31, art. 3829; 1999, N 28, art. 3459, art. 3469; 2001, N 26, art. 2586; N 33, art. 3424; 2002, N 12, art. 1093; 2003, N 27, art. 2700; N 50, art. 4855; N 52, art. 5033, art. 5037; 2004, N 27, art. 2711; N 31, Art. 3233; 2005, N 1, art. 18, art. 45; N 30, art. 3117; 2006, N 6, art. 636; N 19, art. 2061; N 31, Art. 3439; N 52, art. 5497; 2007, N 1, art. 9; N 22, art. 2563; N 31, Art. 4011; N 41, art. 4845; N 45, art. 5425; N 50, art. 6238; 2008, N 10, art. 895; N 15, art. 1447; 2009, N 1, art. 23; N 9, art. 1043; N 18, art. 2153; N 23, art. 2776; N 30, art. 3739; N 48, art. 5731; N 52, art. 6428; 2010, N 8, art. 775; N 19, art. 2291; N 27, art. 3432; N 30, art. 4012; N 31, Art. 4193; N 47, art. 6028; 2011, N 7, art. 905; N 27, art. 3873, art. 3880; N 29, Art. 4291; N 48, art. 6730; N 49, Art. 7069; N 50, art. 7351) 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 N 11) establishes the rules for the transfer of funds by the Bank of Russia, credit institutions (hereinafter referred to collectively as banks) on the territory of the Russian Federation to currency of the Russian Federation.

Registration N 24667

The regulation establishes new rules for the transfer of funds by the Central Bank and credit institutions in Russia in rubles. This is due to the adoption of the National Payment System Law. The Central Bank's regulations on non-cash payments in Russia are no longer in force (except for Part II and a number of annexes).

The new provision applies to all clients of credit institutions (both individuals and legal entities). It applies to the transfer of funds with the participation of Vnesheconombank.

Banks transfer funds across bank accounts without opening them on the basis of transfer orders.

The following forms of non-cash payments are provided: payment orders; by letter of credit; collection orders; checks; transfer of funds at the request of the recipient - direct debit (previously there were payment requests); transfer of electronic money (previously this was not provided).

When transferring funds, cash transactions are also identified as intermediate stages (for example, issuance to individual recipients and receipt from individual payers).

The previous regulation on non-cash payments, among other things, regulated payments through correspondent accounts (sub-accounts) of credit institutions (branches) opened with the Central Bank. Through correspondent accounts in other credit institutions and inter-branch settlement accounts. The recommended procedure for reflecting the main transactions in the accounting of credit institutions when making settlements through the LORO, NOSTRO accounts and through inter-branch settlement accounts was given. There are no such sections in the new regulation.

It is stipulated that banks approve internal documents containing the procedure for drawing up transfer orders, their acceptance for execution, recall, return (cancellation), and execution.

The regulation comes into force 10 days after its official publication, with some exceptions. Chapter 3, which is devoted to the specifics of the procedures for accepting for execution orders of payment system participants, comes into force on January 1, 2013. The requirements determining the maximum number of characters in the details of payment, collection orders, payment requests, orders drawn up in electronic form - with April 1, 2013

Regulation of the Bank of Russia dated June 19, 2012 N 383-P “On the rules for transferring funds”


Registration N 24667


This Regulation comes into force 10 days after the day of its official publication, with the exception of

1.1. This part of the Regulations regulates the implementation of settlements through correspondent accounts (sub-accounts) opened in divisions of the Bank of Russia settlement network (head settlement and cash centers, settlement and cash centers) on a gross basis, providing for the transfer of funds individually and sequentially for each settlement document.

1.2. To conduct settlement operations, each credit institution located on the territory of the Russian Federation and having a license from the Bank of Russia to carry out banking operations opens one correspondent account at its location in a division of the settlement network of the Bank of Russia.

1.3. Relations between the Bank of Russia and the credit institution (branch) it serves when carrying out settlement transactions through the settlement network of the Bank of Russia are regulated by legislation, a correspondent account (sub-account) agreement (hereinafter referred to as the account agreement), which is concluded between the Bank of Russia (represented by a division of the settlement network of the Bank of Russia if the manager has a power of attorney for this) and the credit institution (branch - if the manager has a power of attorney for this), as well as additions to the account agreement.

1.4. The account agreement is concluded for a period agreed upon by the parties and determines the procedure for settlement services, the rights and obligations of the credit institution (branch) and the Bank of Russia when performing settlement transactions on a correspondent account (sub-account), the method of exchanging settlement documents with the Bank of Russia, the procedure for payment for settlement services provided by the Bank of Russia services, liability of the parties for non-fulfillment or improper fulfillment of obligations under the contract, other conditions provided for by law and regulatory documents of the Bank of Russia.

Payments can be made within the limits of funds available at the time of payment, taking into account funds received during the operating day and loans from the Bank of Russia in cases established by regulations of the Bank of Russia and agreements concluded between the Bank of Russia and credit institutions.

1.6. The credit institution (branch) determines the type of payment (“by mail”, “telegraph”, “electronically”) and, depending on the chosen type of payment, submits settlement documents on paper and/or electronically (via communication channels) to the Bank of Russia settlement network unit , on magnetic media). Payment orders submitted electronically may indicate the type of payment “urgent” in accordance with the regulations of the Bank of Russia.

1.7. Operations on correspondent accounts (sub-accounts) of credit institutions (branches) are carried out on the basis of settlement documents received by the Bank of Russia settlement network unit on paper or electronically, by paying for each settlement document. Settlement documents of clients, as well as of a credit institution (branch) for its own transactions, are submitted on paper by the credit institution (branch) to the divisions of the Bank of Russia settlement network as part of a consolidated payment order with a list of settlement documents attached in the form of Appendix 26 to these Regulations.

The transfer of funds by a credit institution (branch) to required reserves is carried out by separate electronic payment documents (hereinafter referred to as EPD) or paper settlement documents that are not part of the consolidated payment order. At the same time, in settlement documents for the transfer/collection of funds to mandatory reserves deposited with the Bank of Russia, the order of payment is not indicated and is determined by the Bank of Russia in accordance with the regulations of the Bank of Russia.

1.8. Operations to write off funds from a correspondent account (sub-account) of a credit organization (branch) or credit to this account are confirmed by an extract from the correspondent account (sub-account) in the form of Appendix 27 to these Regulations, issued depending on the method of exchange of settlement documents accepted in the settlement department network of the Bank of Russia, on paper or in the form of an electronic service information document (hereinafter - ESID), which the credit institution (branch) receives within the time frame and in the manner established by the account agreement or the agreement defining the procedure for the exchange of electronic documents using information security tools ( hereinafter referred to as the exchange agreement).

1.9. Upon receipt of an extract from a correspondent account (sub-account) with attached settlement documents, the credit institution (branch) credits funds to the client only if the details indicated in the extract fully coincide with the details of the corresponding settlement document, which is the basis for the transaction.

1.10. Credit institutions (branches) that have opened correspondent accounts (subaccounts) in the divisions of the Bank of Russia settlement network are assigned the BICs of settlement participants for the purpose of their unambiguous identification when conducting settlement transactions.

2.1. The credit institution (branch) submits to the servicing division of the Bank of Russia settlement network a consolidated payment order in two copies, drawn up on form 0401060 (Appendix 1 to this Regulation) and filled out in accordance with Appendix 25 to this Regulation. A consolidated payment order is a written order from a credit institution (branch) - a payer to a division of the Bank of Russia settlement network to write off the amount of funds from a correspondent account (sub-account).

The consolidated payment order is accompanied by settlement documents and a list of settlement documents, which is drawn up by the credit institution (branch) in two copies in accordance with the form of Appendix 26 to these Regulations.

The consolidated payment order is submitted separately for each type of payment and for each priority group. Payment of settlement documents attached to the consolidated payment order is carried out in the sequence specified in the inventory of settlement documents.

The first copy of the consolidated payment order and each sheet of the first copy of the inventory of settlement documents are signed by officials of the credit institution (branch) who have the right to dispose of the account, and certified by the seal of the credit institution (branch).

2.2. The first copies of the consolidated payment order and the inventory with attached copies of settlement documents are the basis for performing a transaction on the correspondent account (sub-account) of the credit organization (branch) and are placed in the documents of the day of the division of the Bank of Russia settlement network serving the credit organization (branch) of the payer.

The second copies of the consolidated payment order and inventory are returned to the credit institution (branch) by the responsible executive of the Bank of Russia settlement network unit with a note of their acceptance and serve as a receipt confirming the receipt of documents.

2.3. The credit organization (branch) submits to the Bank of Russia settlement network unit the number of copies of settlement documents of clients and the credit organization (branch) as part of a consolidated payment order or individual settlement documents of the credit organization (branch) in accordance with the type of payment.

Three copies, if the recipient is a client of a credit institution (branch), of which one copy is placed in the documents of the day by the division of the Bank of Russia settlement network servicing the credit institution (branch) of the payer; two copies are sent to the division of the Bank of Russia settlement network servicing the recipient's credit institution (branch) for transmission to the recipient's credit institution (branch) along with an extract from the correspondent account (subaccount);

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