INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of September 25, 2024 No. 6861-U

About the list obligatory for development by the self-regulatory organizations in the sphere of the financial market uniting operators on acceptance of payments, basic standards and requirements to their content and also about content of the type of activity of operators on acceptance of payments in the financial market which is subject to standardization

This Instruction based on part 2 of article 5 of the Federal Law of July 13, 2015 No. 223-FZ "About self-regulatory organizations in the sphere of the financial market" establishes the list of obligatory basic standards for development by the self-regulatory organizations in the sphere of the financial market uniting operators on acceptance of payments from among specified regarding 1 article 5 of the Federal Law of July 13, 2015 to No. 223-FZ "About self-regulatory organizations in the sphere of the financial market" and requirements to their content, and also content of the type of activity of operators on acceptance of payments in the financial market which is subject to standardization.

1. Development, coordination and approval of basic standards are performed according to requirements of article 5 of the Federal Law of July 13, 2015 No. 223-FZ "About self-regulatory organizations in the sphere of the financial market" (further - the Federal Law No. 223-FZ) <1>.

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<1> Part 2 of article 4 of the Federal Law No. 223-FZ.

2. The self-regulatory organizations in the sphere of the financial market uniting operators on acceptance of payments (further - self-regulatory organizations), shall develop the following basic standards from among specified regarding 1 article 5 of the Federal Law No. 223-FZ:

making of transactions in the financial market;

protection of the rights and interests of physical persons - receivers of the financial services rendered by members of self-regulatory organizations (further - the basic standard of protection of receivers of financial services).

3. The basic standards specified in paragraphs second and third Item 2 presents of the Instruction are developed by self-regulatory organizations concerning the activities for acceptance of payments of physical persons performed by operators on acceptance of payments (further - acceptance of payments).

4. The basic standard of making of transactions in the financial market shall contain the following data:

4.1. The terms of transfer by the operator on acceptance of payments to suppliers of information on the payments accepted in their advantage which are not exceeding the term established by part 6.1 of article 4 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" (further - the Federal Law No. 103-FZ).

4.2. Terms and procedure for finishing by the operator on acceptance of payments to suppliers of information on the payment subagents attracted with the operator on acceptance of payments to acceptance of payments for benefit of suppliers and also about places of acceptance of payments for benefit of suppliers the operator on acceptance of payments and the payment subagents attracted with it.

4.3. The criteria of influence of violation by the operator on acceptance of payments of requirements of the Federal Law No. 103-FZ and (or) the regulations of the Bank of Russia adopted according to it (further - violation) on rendering by the operator on acceptance of payments and (or) the payment subagents of services in acceptance of payments attracted with it to physical persons and (or) suppliers considering including:

the amount and (or) the number of payments on which violation exerted impact;

the number of payers on whose payments violation exerted impact;

the number of suppliers to whom payments on which violation exerted impact were accepted.

4.4. Requirements to procedure the operator on acceptance of payments of control of observance by the payment subagents of requirements of the Federal Law No. 103-FZ attracted with it.

5. The basic standard of protection of receivers of financial services shall contain the following data:

5.1. Requirements to the minimum amount of information provided by the operator on acceptance of payments to payers in case of acceptance of payments in addition to information specified in part 13 of article 4 of the Federal Law No. 103-FZ including information:

about date of introduction by the Bank of Russia of information about the operator on acceptance of payments in the register of operators on acceptance of payments which conducting is performed by the Bank of Russia according to the procedure, established according to part 1 of article 3.1 of the Federal Law No. 103-FZ;

about self-regulatory organization which member is the operator on acceptance of payments, and also about methods and addresses of the direction of appeals to the specified self-regulatory organization;

about the basic standard of protection of receivers of financial services applied by the operator on acceptance of payments;

about procedure for acceptance of payments;

about methods of protection of the rights of payers, including information on availability of opportunity and the methods of pre-judicial dispute settlement arising in case of acceptance of payments including on the procedure of mediation (in case of its availability);

about the address of the official site (addresses of the official sites) of the operator on acceptance of payments on the Internet (in the presence).

5.2. The procedure for provision by the operator on acceptance of payments to payers of information providing:

exception of provision of information which can entail ambiguous interpretation of properties of the services rendered to payers;

non-discriminatory nature of information access of payers on equal terms and in equal amount;

provision to payers of information without costs or making of actions, not stipulated by the legislation the Russian Federation;

information statement available language (with use of legible fonts, formats) with explanation of special terms (in case of their availability).

5.3. The rules of interaction of the operator on acceptance of payments with payers in case of acceptance of payments including:

requirements to interaction of the operator on acceptance of payments with payers by means of telephone communication, and also other channels of interaction (in case of their availability);

the requirement about exception the operator on acceptance of payments of obstacles to implementation by the payer of audio recording, video or photographings of process of interaction of the payer with the operator on acceptance of payments in places of acceptance of payments;

procedure and terms of provision by the operator on acceptance of payments upon the demand of payers of documents (their copies) connected with acceptance of payments.

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