INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of January 9, 2024 No. 6654-U

About procedure and terms of adoption by the Bank of Russia of the decision on exception of information about the operator on acceptance of payments from the register of operators on acceptance of payments, and also about the application form about exception of information about the operator on acceptance of payments from the register of operators on acceptance of payments, the list of the documents attached to it and procedure for their direction in the Bank of Russia

This Instruction based on parts 1 and 3 of article 3.6 of the Federal Law of June 3, 2009 No. 103-FZ "About the activities for acceptance of payments of physical persons performed by payment agents" establishes procedure and terms of adoption by the Bank of Russia of the decision on exception of information about the operator on acceptance of payments from the register of operators on acceptance of payments, and also the application form about exception of information about the operator on acceptance of payments from the register of operators on acceptance of payments, the list of the documents attached to it and procedure for their direction in the Bank of Russia.

1. The Bank of Russia makes the decision on exception of information about the operator on acceptance of payments (further - OPP) from the register of OPP on the basis, stipulated in Item 1 part 1 of article 3.6 of the Federal Law of June 3, 2009 "On the activities for acceptance of payments of physical persons performed by payment agents" (further - the Federal Law of June 3, 2009 No. 103-FZ), in case of giving of OPP in the Bank of Russia of the statement for exception of information about the operator on acceptance of payments from the register of operators on acceptance of payments constituted in the form provided by appendix to this Instruction (further - the statement), with appendix of the following documents:

the document, confirmatory that the OPP authorized body makes the decision on the termination of implementation of OPP of activities of OPP;

the constituent document OPP in the edition operating on the date of giving of OPP in the Bank of Russia of the statement;

the document containing list of the suppliers determined according to Item 1 of article 2 of the Federal Law of June 3, 2009 No. 103-FZ with whom OPP has OPP operating on the date of giving in the Bank of Russia of the statement agreements on implementation of activities for acceptance of payments of physical persons (further - suppliers) with indication of full name (for the legal entity, public authority, body of the public power of the federal territory and local government body) or surnames, name, middle name (in the presence) (for the individual entrepreneur) the supplier (suppliers), number and date of the agreement (numbers and dates of agreements) about implementation of activities for acceptance of payments of physical persons, prisoner (concluded) OPP with supplier (suppliers), or information on absence of such suppliers;

the documents confirming absence at OPP of monetary commitments before suppliers under the agreements on implementation of activities for acceptance of payments of physical persons, including statements signed with them on transactions on the special bank account (special bank accounts) opened (open) OPP containing information on transactions in 30 days preceding day of giving of OPP in the Bank of Russia of the statement.

2. OPP submits to the Bank of Russia the application and documents, stipulated in Item 1 this Instruction, in the form of electronic documents by placement in private office, the reference to which is posted on the official site of the Bank of Russia on the Internet, according to the order of interaction determined by the Bank of Russia based on parts 1 and 4 of article 35.1 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (further - order of interaction).

3. The Bank of Russia performs verification of the data containing in documents, stipulated in Item 1 this Instruction regarding their reliability, and also availability of the bases specified regarding the 2nd article 3.6 of the Federal Law of June 3, 2009 to No. 103-FZ for refusal in exception of data on OPP of the register of OPP according to Item 1 of part 1 of article 3.6 of the Federal Law of June 3, 2009 No. 103-FZ.

4. If from the documents enclosed to the application, stipulated in Item 1 this Instruction, it is not possible to draw conclusion on absence at OPP of monetary commitments before suppliers under the agreements on implementation of activities for acceptance of payments of physical persons signed with them, the Bank of Russia sends OPP inquiry for provision of the additional information confirming execution of the specified monetary commitments of OPP and (or) to credit institution (credit institutions) in which, (which) OPP is opened the special bank account (special bank accounts) (further - CO), request for provision of information confirming implementation of transactions according to the special bank account (special bank accounts) of OPP (further in case of joint mentioning - request about provision of the additional information, the additional information).

5. The inquiry is sent for provision of the additional information by the Bank of Russia of OPP and (or) CO in electronic form with indication of in request of term of its provision which constitutes 5 working days estimated from the date of, the receipt of OPP and (or) CO of request following behind day about provision of the additional information.

Interaction of the Bank of Russia and OPP in case of sending an inquiry about provision of the additional information and provision of the additional information is performed according to order of interaction.

6. The decision on exception (refusal in exception) data on OPP from the register of OPP is accepted by the head of the structural unit of the Bank of Russia performing powers of the Bank of Russia on supervision in national payment system (person, it replacing), in time, not exceeding 30 working days after day of receipt by the Bank of Russia of the statement and documents, stipulated in Item 1 this Instruction.

In case of the direction the term for decision making about exception (refusal in exception) data on OPP from the register of OPP established by paragraph one of this Item is estimated in the Bank of Russia of request about provision of the additional information from the date of, the expiration following behind day for the provision of the additional information specified in request about provision of the additional information according to Item 5 of this Instruction.

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