Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of September 23, 2021 No. 363

About the current (settlement) bank account of physical person with basic terms of service

For the purpose of establishment of the minimum social standard of free payment servicing of physical persons * and developments of the competition when rendering banking services:

1. Determine that:

1.1. banks in which authorized capitals 50 and more percent of shares (shares) belong to the Republic of Belarus open for physical persons the current (settlement) bank accounts in Belarusian rubles from which owners remuneration (payment) for implementation in the territory of the Republic of Belarus and in national segment of the global computer Internet of the transactions included in basic terms of service is not levied (further - the basic account), according to appendix 2.

The banks which are not specified in part one of this subitem having the right to open for physical persons basic accounts;

______________________________

* For the purposes of this Decree terms are used in the values determined in appendix 1.

1.2. the relations on opening, closing of basic accounts, making of transactions on basic accounts are regulated by the bank law regulating opening, closing of the current (settlement) bank accounts of physical persons (further - the current account), implementation of transactions according to current accounts, taking into account the features provided by this Decree and other legislation;

1.3. banks shall:

perform transactions of renewal of the current account in the basic account, renewals of the basic account in the current account, transfer of the basic account;

inform physical persons, including by placement of information on the official site on the global computer Internet, on procedure for opening, closing of basic accounts, implementation of transactions of renewal of the current account in the basic account, renewals of the basic account in the current account, transfer of the basic account.

The bank has the right not to levy remuneration (payment) from the owner of the basic account on the transactions which are not included in basic terms of service. In case of collection of remuneration (payment) by bank from the owner of the basic account on the transactions which are not included in basic terms of service, the amount of such remuneration (payment) shall not exceed the maximum amount of remuneration (payments) established in bank, levied for carrying out similar transactions from the owner of the current account.

The bank has no right to cause implementation of the transactions included in basic terms of service, implementation of transactions for which carrying out remuneration (payment) is levied from the owner of the basic account;

1.4. in case of ensuring access to the basic account with use of bank payment card (further - card) the bank issues card of payment system which operator is the resident, and (or) the kobeydzhingovy card released within rules of two payment systems, operator of one of which is the resident.

Transactions when using kobeydzhingovy card for ensuring access to the basic account in the territory of the Republic of Belarus and in national segment of the global computer Internet are performed according to rules of payment system which operator is the resident.

In case of ensuring access to the basic account with use of other payment instrument such payment instrument shall be created (is developed) by resident;

1.5. the physical person has the right:

choose bank for opening of the basic account;

have one basic account, except for case of implementation of transaction of transfer of the basic account. In this case simultaneous availability at physical person of two basic accounts in different banks - the basic account in one bank concerning which transfer of the basic account, and the basic account in other bank opened after initiation of transfer of the basic account is initiated is allowed;

initiate opening, closing of the basic account, transaction of renewal of the current account in the basic account, renewals of the basic account in the current account, transfer of the basic account;

1.6. the physical persons having according to the legislation the right to payments of social nature, grants, allowances to grants and financial support by the student (further - grants) and such payments which showed willingness or obliged to receive legislations according to acts, grants through banks, open basic accounts for their obtaining;

1.7. the physical persons who are receiving payments of social nature, grant through banks and showed willingness to continue their obtaining through banks or such payments obliged to receive legislations according to acts, grants through banks till July 1, 2025 open basic accounts or perform transactions of renewal of current accounts in basic accounts for transfer of payments of social nature on them, grants.

In case of lack for July 1, 2025 of declaration of will of physical person to continue receipt of payments of social nature, grants into the basic account:

transfer of payments of social nature, grants which obtaining obligation through banks is established by acts of the legislation stops before opening of the basic account by this physical person (implementation of transaction of renewal of the current account in the basic account) and obtaining by the organization performing their payment, information on such basic account and its details;

payments of social nature are performed, grants are paid to physical person by different ways, stipulated by the legislation, determining procedure of their payment.

Banks interact with the organizations performing payments of social nature, payment of grants, according to the procedure, determined in appendix 3;

1.8. in case of declaration of will of physical person to receive the salary and the payments equated to it into the basic account specified by this physical person the employer paying to this physical person the salary and the payments equated to it transfers them into such account if other payment procedure is not established by the Law of the Republic of Belarus of October 24, 2016 No. 439-Z "About enforcement proceeding".

The employer transferring according to part one of this subitem the salary and the payments equated to it into the basic account specified by physical person pays to the bank serving the account of this employer (further - bank of the employer), reward (payment) for such transfer if other is not determined by the contract between bank of the employer and the employer.

The payment procedure of remuneration (payment) and its size are established in the agreement signed between bank of the employer and the employer. At the same time amount of remuneration (payments) for salary transfer and the payments equated to it into the basic accounts opened in other banks shall not exceed amount of remuneration (payments) for transfer (transfer) of the salary and the payments equated to it on the basic and current accounts opened in bank of the employer.

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