PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 29, 2021 No. 762-P

About rules of implementation of money transfer

This Provision based on part 3 Articles 2, parts 1 and 6 of article 8 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, Art. 3872; 2021, No. 1, the Art. 38), items 4 and the 5th Article 4, article 82.3 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2021, No. 9, the Art. 1467), parts one of article 31 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; The Russian Federation Code, 1996, No. 6, the Art. 492), parts 5.1 of article 70 of the Federal Law of October 2, 2007 No. 229-FZ "About enforcement proceeding" (The Russian Federation Code, 2007, No. 41, Art. 4849; 2019, No. 8, the Art. 715) and according to the solution of the Board of directors of Bank

Russia (the minutes of the Board of directors of the Bank of Russia of June 25, 2021 No. PSD-13) establish rules of implementation of money transfer by the Bank of Russia, credit institutions in the territory of the Russian Federation in currency of the Russian Federation.

Chapter 1. General provisions

1.1. The Bank of Russia, credit institutions (further in case of joint mentioning - banks) transfer money according to bank accounts and without opening of bank accounts within the applied forms of clearing settlements based on the orders about money transfer (further - orders) constituted by payers, receivers of means, and also persons, the bodies having the right based on the Federal Laws to show orders to bank accounts of payers (further - claimants of means), banks.

Money is transferred within the following forms of clearing settlements:

payments with payment orders;

payment under the letter of credit;

payments with collection orders;

payments with checks;

calculations in the form of money transfer upon the demand of the receiver of means (direct debiting);

calculations in the form of the translation of electronic money.

Transfer of electronic money is made according to the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, Art. 3872; 2021, No. 24, the Art. 4205) (further - the Federal Law of June 27, 2011 No. 161-FZ) and agreements taking into account requirements of this provision.

Forms of clearing settlements are elected by payers, receivers of means independently.

1.1 (1). Requirements of this provision do not extend to the money transfers made for the purpose of transfer of money into accounts of digital ruble, cash write-off from accounts of digital ruble, and also to the transfer of digital rubles made within platform of digital ruble according to the Federal Law of June 27, 2011 No. 161-FZ, except as specified, provided by this Provision.

1.2. Payers, receivers of means are the legal entities, individual entrepreneurs, physical persons who are engaged in the procedure established by the legislation of the Russian Federation in private practice, physical persons (further in case of joint mentioning - clients), banks. Claimants of means can be receivers of means. According to orders of claimants of means, including bodies of forced execution, tax authorities, the body to which according to the Federal Laws transfer of the collected money is made can also be the receiver of means.

The claimant of means at the order sent with the provided Federal Law of October 2, 2007 to No. 229-FZ "About enforcement proceeding" (The Russian Federation Code, 2007, No. 41, Art. 4849; 2020, No. 52, the Art. 8588) (further - the Federal Law of October 2, 2007 No. 229-FZ) the executive document on money recovery, specifies the receiver of means of or body to which according to the Federal Laws transfer of the collected money is made.

1.3. Banks transfer money according to bank accounts by means of:

cash write-offs from bank accounts of payers and transfer of money on bank accounts of receivers of means;

cash write-offs from bank accounts of payers and cash disbursement of money to receivers of means - physical persons;

cash write-offs from bank accounts of payers and increase in remaining balance of electronic money of receivers of means;

cash write-offs from bank accounts of payers and increase in remaining balance of digital rubles on accounts of digital ruble of receivers of means;

reduction of remaining balance of digital rubles on accounts of digital ruble of payers and increases in remaining balance of digital rubles on accounts of digital ruble of receivers of means;

reduction of remaining balance of digital rubles on accounts of digital ruble of payers and transfers of money on bank accounts of receivers of means;

reduction of remaining balance of digital rubles on accounts of digital ruble of payers and increases in remaining balance of electronic money of receivers of means.

1.4. Credit institutions transfer money without opening of bank accounts, including with use of electronic instruments of payment, by means of:

acceptance of cash, orders of payers - physical persons and transfer of money on bank accounts of receivers of means;

acceptance of cash, orders of payers - physical persons and cash disbursement of money to receivers of means - physical persons;

acceptance of cash, orders of payers - physical persons and increase in remaining balance of electronic money of receivers of means;

reduction of remaining balance of electronic money of payers and transfer of money on bank accounts of receivers of means;

reduction of remaining balance of electronic money of payers and cash disbursement of money to receivers of means - physical persons;

reduction of remaining balance of electronic money of payers and increase in remaining balance of electronic money of receivers of means;

reduction of remaining balance of electronic money of payers and increase in remaining balance of digital rubles on accounts of digital ruble of receivers of means.

1.5. Money can be transferred by bank with subsequent their compensation according to the agreement by payer bank in the amount of the amounts of the orders performed by payee bank of means.

1.6. Money can be transferred with participation of the bank which is not payer bank and payee bank of means (further - intermediary bank).

1.7. Irrevocability, certainty, finality of money transfer comes according to the Federal Law of June 27, 2011 No. 161-FZ.

1.8. Credit institutions approve the internal documents containing:

procedure for creation of orders;

procedure for performing procedures of acceptance to execution, response, return (cancellation) of orders;

procedure for execution of orders;

other regulations on the organization of activities of credit institutions for implementation of money transfer.

Provisions of internal documents shall not contradict the Federal Laws and regulations of the Bank of Russia (further in case of joint mentioning - the legislation).

1.9. Money is transferred by banks according to orders of clients, claimants of means, banks (further - senders of orders) in electronic form, including with use of electronic instruments of payment, or on papers.

1.10. The list and the description of details of the orders which are payment orders, collection orders, payment requests, payment orders are given in appendices 1 and 8 to this Provision. The specified orders are applied within forms of clearing settlements, stipulated in Item 1.1 this provision.

Forms of the payment order, the collection order, payment request, the payment order are given on papers in appendices 2, of 4, 6 and 9 to this Provision respectively.

Numbers of details of the payment order, the collection order, payment request, the payment order are given in appendices 3, of 5, 7 and 10 to this Provision respectively.

The maximum quantity of symbols in the details of the payment order, collection order, payment request, the payment order constituted in electronic form is established by appendix 11 to this Provision.

The list and the description of details of the order which is the bank order its form on paper and numbers of its details are provided in the Instruction of the Bank of Russia of December 24, 2012 No. 2945-U "About procedure for creation and application of the bank order", No. 27163 registered by the Ministry of Justice of the Russian Federation on February 18, 2013 (further - the Instruction of the Bank of Russia No. 2945-U).

1.11. Orders for which are not established by this Provision the list of details and form (further - orders for which the list of details and form are not established), are constituted by senders of orders with indication of the details established by bank allowing bank to transfer money and in the forms established by bank or the receiver of means in coordination with bank. The specified orders are applied within forms of clearing settlements, stipulated in Item 1.1 this provision, and shall contain the names other than names of orders which forms are given in appendices 2, of 4, of 6, 9 and 13 to this Provision.

Specifying shall be provided in orders for which are not established the list of details and form:

the amount collected according to the executive document in the cases and procedure established by appendix 1 to this Provision for the order detail "Purpose of payment";

income type code in the cases and procedure established by appendix 1 to this Provision for detail "Naz. square" orders;

code of payments at the expense of means of the budgets of the budget system of the Russian Federation provided by parts 5.5 and 5.6 of article 30.5 of the Federal Law of June 27, 2011 No. 161-FZ (The Russian Federation Code, 2011, No. 27, Art. 3872; 2019, No. 31, the Art. 4423) (further - code of payments), in the cases and procedure established by appendix 1 to this Provision for the order detail "Code of Payments".

Provisions of this Item extend on:

the statements, notifications, notices, requests, answers constituted in the cases provided by this Provision;

the statements constituted according to the Federal Law of October 2, 2007 No. 229-FZ for the purpose of money recovery;

orders of the legal entity about receipt of cash from its bank account in case of insufficiency of money on it in electronic form or on paper;

the order of physical person which form based on part 1 of article 8 of the Federal Law of June 27, 2011 No. 161-FZ is established by the Ministry of Finance of the Russian Federation in coordination with the Bank of Russia.

1.12. In the cases provided by the contract of credit institution with the client, other credit institution within forms of clearing settlements payment orders, collection orders and clearing settlements in the form of money transfer upon the demand of the receiver of means (direct debiting) apply the payment order. The list and the description of details of the payment order, the maximum quantity of symbols in details of the payment order constituted in electronic form are given in appendix 12 to this Provision, the form of the payment order is on paper given in appendix 13 to this Provision, numbers of details of the payment order are given in appendix 14 to this Provision.

1.13. Payment orders, collection orders, payment requests, payment orders, bank orders, payment orders are settlement (payment) documents.

1.14. Payment orders, collection orders, payment requests, payment orders, payment orders and orders for which are not established the list of details and form on papers shall not exceed the A4 format.

If details of payment orders, collection orders, payment requests, payment orders, payment orders and orders for which are not established the list of details and form on papers cannot be placed on one leaf of format A 4, the multipage form with indication of total quantity of pages on the first page and numbering of each page is applied.

The relative positioning of details of payment orders, collection orders, payment requests, payment orders and payment orders on papers shall correspond to the forms of the specified orders given in appendices 2, of 4, of 6, 9 and 13 to this Provision respectively.

Number of copies of orders on papers is established by bank.

1.15. Based on the order of the payer, including in the form of the statement, or the contract with it the payer bank can constitute the order (orders) and transfer one-time and (or) periodic money to the receiver of means in this or other bank according to the bank account of the payer or without opening of the bank account to the payer including using electronic instrument of payment, in the amount of certain date and (or) the period determined by the payer, in case of approach determined by the order or the agreement of conditions.

1.16. Based on the order of the receiver of means, including in the form of the statement, or the contract with it the payee bank of means can constitute the order (orders) and perform one-time and (or) periodic presentation of the order (orders) of the receiver of means to the bank account of the payer opened in this or other bank or for the purpose of implementation of the translation of electronic money of the payer in the amount of certain date and (or) the period determined by the receiver of the means, in case of approach determined by the order or the agreement of conditions.

1.17. The payer can constitute according to the agreement the order for total amount with the register which joins orders of one group of priority, for the purpose of implementation of money transfer to several receivers of means served by one bank.

In the cases provided by the agreement, the payer can constitute the order for total amount with the register for the purpose of implementation of money transfer to several receivers of means served by different banks.

1.18. The receiver of means can constitute according to the agreement the order for total amount with the register which joins orders of one group of priority and in which the payers served by one bank are specified.

In the cases provided by the agreement, the receiver of means can constitute the order for total amount with the register in which information on the payers served by different banks is specified.

1.19. In the register information on banks of receivers of means (banks of payers), receivers of means (payers), the amounts on receivers of means (payers), dates, numbers of orders and purpose of payment (purposes of payment), and also total quantity of orders are specified. If the register goes separately from the order to total amount, in it are specified the total amount of the orders included in the register, and also number and date of the order for total amount. The amount specified in the register shall correspond to the amount specified on hand total amount. In the register the payer (the receiver of means) can specify the additional information in coordination with bank.

In the cases established by part 3 of article 98 of the Federal Law of October 2, 2007 No. 229-FZ (The Russian Federation Code, 2007, No. 41, Art. 4849; 2019, No. 8, the Art. 715), in the register detail intended for specifying of purpose of payment is specified information on the amount collected according to the executive document in the following sequence: symbol "//", VZS (the collected amount), symbol "//", the amount in figures, symbol "//". When specifying the amount in figures rubles separate from kopeks symbol "-" (dash). If the collected amount is expressed in the whole rubles, after symbol "-" "00" is specified (dash).

1.20. The bank based on the orders accepted to execution, orders for total amount with the registers provided to bank can constitute the order for total amount and send to bank, the payer (the receiver of means) by the method approved with it the register which joins orders of one group of priority, or orders of payers (receivers of means) of one group of priority. In the register the total amount and total quantity of orders, the amount of each order, information on payers or the payer are specified (in cases, the stipulated in Article 7.2 Federal Laws of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2019, No. 51, the Art. 7490) (further - the Federal Law of August 7, 2001 No. 115-FZ) or the agreement), receivers of means or the receiver of the means served by this or other bank, containing the details sufficient for transfer of money provided by the contract for bank accounts of receivers of means, cash disbursements of money to receivers of means. Dates, numbers of orders and information on purpose of payment (purposes of payment) are specified in the register in case of their availability at orders.

In the cases established by part 3 of article 98 of the Federal Law of October 2, 2007 No. 229-FZ in the register detail intended for specifying of purpose of payment information on the amount collected according to the executive document in the following sequence is specified: symbol "//", VZS (the collected amount), symbol "//", the amount in figures, symbol "//". When specifying the amount in figures rubles separate from kopeks symbol "-" (dash). If the collected amount is expressed in the whole rubles, after symbol "-" "00" is specified (dash).

1.21. Procedure for the direction of orders, transfers of the registers specified in Items 1. 17, 1.18 and 1.20 this provision, are determined by banks taking into account the term of implementation of money transfer according to the Federal Law of June 27, 2011 No. 161-FZ.

1.22. At orders the unique payment ID in accordance with the legislation of the Russian Federation or in case of its assignment by the receiver of means is specified.

In case of assignment by the receiver of means the unique payment ID is carried by the receiver of means to the payer according to the agreement. The payee bank of means exercises control of unique payment ID in the cases and procedure established by the contract with the receiver of means. In case of implementation of money transfer on the bank account of the receiver of means opened for the purpose of payment identification, forming by the receiver of means and control of unique payment ID by payer bank are performed according to the procedure, established in appendix 15 to this Provision.

At orders about money transfer on account of the payments which are sources of forming of the income of budgets of the budget system of the Russian Federation, other payments arriving into accounts of bodies of the Federal Treasury, and payments for performance of works, rendering services by budget and autonomous institutions (further - orders about money transfer on account of payments in the budget system of the Russian Federation) the unique payment ID is specified according to requirements of the regulatory legal acts adopted based on part 1 of article 8 of the Federal Law of June 27, 2011 No. 161-FZ the Ministry of Finance of the Russian Federation in coordination with the Bank of Russia.

1.23. On hand, requiring accomplishment of conditions of money transfer (further - translation conditions), the sign determining availability of conditions of the translation (further - sign of conditions of the translation) is specified if it is provided by the contract between the payer (the receiver of means) and the bank serving it.

1.24. Bank of the money transfer having the right to constitute for the purpose of implementation of the order in electronic form, on papers based on orders in electronic form, on the papers accepted to execution from senders of orders. At the same time the bank provides invariance of details of the orders specified by senders of orders, except for bank details of the payer (in case of creation of the order by it), intermediary banks, and also except for case of refining by bank of details of orders, stipulated in Item 4.2 this provision, and the cases provided by the Instruction of the Bank of Russia of December 24, 2012 No. 2946-U "About work with orders about money transfer in case of change of details of banks, their clients", the registered Ministry of Justice of the Russian Federation on February 18, 2013 No. 27153, on November 2, 2018 No. 52601 (further - the Instruction of the Bank of Russia No. 2946-U).

1.25. The bank provides possibility of reproduction, including on demand, in electronic form and on papers (in the forms established for the corresponding orders) the orders in electronic form accepted to execution and performed.

1.26. The order of the payer in electronic form (the register is (in the presence) signed by the digital signature (digital signatures), analog of the sign manual (analogs of sign manuals) and (or) makes sure the codes, passwords and other means allowing to confirm that the order (register) is constituted by the payer or person (authorized persons) authorized on it.

The order of the receiver of means, the claimant of means in electronic form (the register is (in the presence) signed by the digital signature (digital signatures), analog of the sign manual (analogs of sign manuals) and (or) make sure the codes, passwords, other means allowing to confirm that the order (register) is constituted by the receiver of means, the claimant of means or person (authorized persons) authorized on it.

In case of reproduction of orders in electronic form the possibility of establishment of person (persons) specified (specified) in this Item shall be provided.

Provisions of this Item are applied to orders in the electronic form, registers constituted by banks.

1.27. Banks do not interfere with contractual relations of clients. Mutual claims between the payer and the receiver of means, except arisen because of banks, decide without participation of banks.

1.28. Money with use of payment cards is transferred taking into account the features provided by the Provision of the Bank of Russia of December 24, 2004 No. 266-P "About issue of payment cards and about the transactions made with their use", the registered Ministry of Justice of the Russian Federation on March 25, 2005 No. 6431, on October 30, 2006 No. 8416, on October 8, 2008 No. 12430, on December 9, 2011 No. 22528, on November 21, 2012 No. 25863, on February 17, 2015 No. 36063, on October 30, 2020 No. 60688.

1.29. Money using the bank order is transferred taking into account the features provided by the Instruction of the Bank of Russia No. 2945-U.

1.30. This Provision extends to implementation of money transfer with participation of the state corporation of development of "ВЭБ.РФ".

Chapter 2. Procedures of acceptance to execution, response, return (cancellation) of orders about money transfer and procedure for their accomplishment

2.1. Procedures of acceptance to execution of orders include:

certificate of the right of the order money;

control of integrity of orders;

structural control of orders;

control of values of details of orders;

control of sufficiency of money.

Procedures of acceptance to execution of the order of the payer requiring the consent of the third party to the order money of the payer include control of availability of such consent of the third party.

Procedures of acceptance to execution of the order of the receiver of means requiring the acceptance of the payer include control of availability of in advance this acceptance of the payer or receipt of the acceptance of the payer.

2.2. Banks can establish in addition, including in agreements, other procedures of acceptance to execution of orders, including control procedure of duplication of orders. In case of the specifying on hand requiring accomplishment of conditions of the translation, sign of conditions of the translation bank exercises control of accomplishment of conditions of the translation according to the procedure, established by the agreement.

Registration of orders is performed according to the procedure, established by bank, with indication of receipt date of the order, at the same time orders of claimants of means are subject to obligatory registration.

2.3. The procedure for performing procedures of acceptance to execution, response, return (cancellation) of orders, including orders for total amount, is established by credit institutions taking into account requirements of this provision and it is carried to clients, claimants of means, credit institutions in the agreements, documents explaining procedure for performing procedures of acceptance to execution, response, return (cancellation) of orders and also by placement of information in places of customer service.

2.4. The certificate of the right of the order money in case of acceptance to execution of the order in electronic form is performed by bank by means of verification of the digital signature, analog of the sign manual and (or) codes, passwords, other means allowing to confirm that the order in electronic form is signed and certified according to Item 1.26 of this provision.

The certificate of the right of the order money on the bank account in case of acceptance to execution of the order is on paper performed by bank by means of verification of presence of the sign manual (sign manuals) and impress of a seal (in the presence) and their compliance to the samples told bank in card with specimen signatures and impress of a seal (further - card) or in album of specimen signatures of persons, representatives to dispose of the money which is on the account (further - album).

In case of acceptance to execution of the order on paper constituted by physical person for the purpose of implementation of money transfer without opening of the bank account, the credit institution checks availability of the sign manual.

2.5. Control of integrity of the order in electronic form is exercised by bank by means of check of invariance of details of the order.

Control of integrity of the order is on paper exercised by bank by means of check of lack of the changes (corrections) made to the order.

2.6. Structural control of the order in electronic form is exercised by bank by means of check of its details and the maximum quantity of symbols in them.

Structural control of the order is on paper exercised by bank by means of check of compliance of the order to the established form.

In case of acceptance to execution of the order on paper with use of technologies of coding (digital, shaped) the bank checks arrangement of codes in the place, free from specifying of details.

2.7. Control of values of details of the order is exercised by means of check of values of details of the order, their admissibility and compliance according to the procedure, established by bank, taking into account requirements of the legislation, the agreement.

2.8. In case of receipt of the order of the payer requiring the consent of the third party to the order money of the payer, the payer bank exercises control of availability of consent of the third party. The third party money of the payer is agreed to the order in electronic form or on paper by the method provided by the agreement (including by means of creation of the order, the statement of the third party, signing by the third party of the order of the payer), or at the disposal of the payer in the place, free from specifying of details.

2.9. In case of receipt of the order of the receiver of means requiring the acceptance of the payer, the payer bank exercises control of availability of in advance this acceptance of the payer according to subitem 2.9.1 of this Item or in the absence of in advance this acceptance of the payer obtains the acceptance of the payer according to subitem 2.9.2 of this Item.

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