It is registered
in Ministry of Justice
On July 5, 2007, No. 9756
of June 20, 2007 No. 1842-U
About procedure of banking activities on money transfer at the request of physical persons without opening of bank accounts by it credit institutions with participation of the commercial organizations which are not credit institutions
This Instruction based on the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, of Art. 5032; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 25, Art. 2426; N 30, of Art. 3101; 2006, N 19, Art. 2061; N 25, of Art. 2648; 2007 N1, Art. 9; Art. 10; Art. N 10, 1151, N 18, Art. 2117), Federal Law "About Banks and Banking Activity" (Sheet of the Congress of People's Deputies of RSFSR and Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code 1996, N 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, of Art. 4855; Art. N 52, 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, of Art. 3233; N 45, of Art. 4377; 2005, N 1, Art. 18, Art. 45, N 30, Art. 3117; 2006, N 6, Art. 636; N 19, of Art. 2061; N 31, of Art. 3439; 2007 N1, Art. 9; Art. N 22, 2563) and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of June 18, 2007 N 13) establish procedure of banking activities, stipulated in Item 9 parts one of article 5 of the Federal law "About Banks and Banking Activity", with participation of the commercial organizations which are not credit institutions, regarding acceptance from physical persons of cash as telecommunication service fee, premises and utilities for the subsequent translation of the accepted cash by credit institutions for benefit of the persons rendering services (performing works).
1. The commercial organization which is not credit institution (further - the commercial organization), can perform acceptance of cash from physical persons as telecommunication service fee, premises and utilities (further - transactions) for the subsequent translation of the accepted cash for benefit of the persons rendering such services (performing such works) (daleeorganizatsii-receivers of means), only in case of the conclusion the commercial organization of the contract with the credit institution which signed contracts with the organizations receivers of means on money transfer in their advantage.
The commercial organization performs transactions in the place of the stay and (or) the location of the branches on its own behalf, but at the expense of authorized the commercial organization according to the agreement of credit institution signed with it (further - credit institution) in cash desks (further - places of servicing of physical persons) and (in the cases provided by the contract with credit institution) using the software and hardware complexes of the commercial organization including equipped with function of acceptance of cash (further - terminals of the commercial organization).
Cash transactions are performed by the commercial organizations according to the procedure established by regulations of the Bank of Russia.
The credit institution shall keep the list of the commercial organizations with which at credit institution contracts are signed (further - the list of the commercial organizations), with assignment of each commercial organization of sequence number in the specified list and with indication of on each commercial organization of all places of servicing of physical persons, the locations of terminals of the commercial organization, unique number of the signed agreement and date of the conclusion of the agreement.
The unique agreement number shall consist of the sequence number assigned by credit institution of the commercial organization in the list of the commercial organizations and through dividing symbol "/" of registration number of credit institution according to the Book of state registration of credit institutions.
The commercial organization shall stop acceptance of cash from physical persons in cases of introduction by the Bank of Russia of restriction or prohibition on implementation of banking activities by credit institution, stipulated in Item 9 parts one of article 5 of the Federal law "About Banks and Banking Activity", response by the Bank of Russia at credit institution of the license for banking operations what the credit institution shall notify without delay in writing the commercial organization on, and also organization receivers of means. The order of interaction of credit institution, commercial organization, and also the organizations receivers of means in the specified cases is determined by agreements between the specified organizations.
2. The commercial organization shall provide provision to physical persons according to their requirement when implementing transactions of information on the name of credit institution, license number of banking operations, names of organizatsiypoluchatel of means in which fee (works) cash is accepted, and in case of collection from physical person of commission fee - information on its size, and also on types and the sizes of other expenses of physical persons.
Physical persons shall be informed by the commercial organization that their obligations to the organizations receivers of means according to requirements of the legislation of the Russian Federation are considered performed from the moment of introduction of cash by them in cash desk of the commercial organization or acceptance of cash at them by the terminal of the commercial organization which signed the contract with credit institution.
Information provided in this Item shall be provided in form, available to acquaintance by physical persons.
3. The commercial organization has no right to charge to other persons acceptance of cash from physical persons according to the agreement signed with credit institution for the purpose of, stipulated in Item 1 this Instruction.
4. The fact of acceptance of cash from physical person is confirmed by the commercial organization issue of the relevant document which form will be approved with credit institution and which contains: total amount of the accepted money, the size of commission fee (in case of collection), date, time of carrying out transaction, the place of servicing of physical persons (the location of the terminal of the commercial organization), the name and the location of the commercial organization, its INN, unique number and date of the contract between the commercial organization and credit institution, the name of credit institution and its BIC, number of contact telephone numbers of the commercial organization and credit institution, the name of the organization receiver of means, its INN. The specified document also may contain other data established by the contract between the commercial organization and credit institution.
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