RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of July 30, 2008 No. 30/6

About approval of Rules of carrying out payments in the form of direct debiting in System of package clearing

Having considered the draft document "Rules of Carrying Out Payments in the form of Direct Debiting in System of Package Clearing", being guided by articles 7 and 43 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic", the Board of National Bank of the Kyrgyz Republic decides:

1. Approve Rules of carrying out payments in the form of direct debiting in System of package clearing (are applied).

2. In accordance with the established procedure to direct to management of bank calculations together with Legal department this resolution to state registration in the Ministry of Justice of the Kyrgyz Republic.

3. This resolution becomes effective after state registration in the Ministry of Justice of the Kyrgyz Republic and the subsequent official publication.

4. After publication of the registered regulation to Legal department to inform the Ministry of Justice of the Kyrgyz Republic on publication source (the name of the edition, its number and date).

5. To management of bank calculations to bring this resolution to the attention of commercial banks, regional managements and representative office of National Bank of the Kyrgyz Republic in Batken Province.

6. To impose control of execution of this resolution on the vice-chairman of National Bank of the Kyrgyz Republic Chokoyev Z. L.

Approved by the resolution of Board of National Bank of the Kyrgyz Republic of July 30, 2008 No. 30/6

Rules of carrying out payments in the form of direct debiting in System of package clearing

1. General provisions

1.1. These rules of carrying out payments in the form of direct debiting (further Governed) determine procedure for carrying out payments in the form of direct debiting in System of package clearing of small and retail payments in the Kyrgyz Republic (further System), and also relations and obligations of the payer, paying bank, the receiver and payee bank (further in case of joint mentioning participants) and Systems according to the Civil code of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About banks and banking activity", "About payment system of the Kyrgyz Republic", "About the digital signature" and the following regulatory legal acts of National Bank of the Kyrgyz Republic:

- The provision "About Clearing Settlements in the Kyrgyz Republic" approved by the resolution of Board of National Bank of the Kyrgyz Republic of December 8, 2021 No. 2021-P-14/68-7-(PS);

- The provision "About System of Package Clearing of Small Retail and Regular Payments in the Kyrgyz Republic" approved by the resolution of Board of National Bank of the Kyrgyz Republic of December 15, 2005 No. 37/8;

- The instruction "About procedure for carrying out payments in system of package clearing of small retail and regular payments in the Kyrgyz Republic", the Kyrgyz Republic approved by the resolution of Board of National Bank of August 22, 2007 No. 38/11 (further the Instruction about joint project company);

- The instruction "About procedure for filling of payment documents", the Kyrgyz Republic approved by the resolution of Board of National Bank of July 25, 2007 No. 36/5;

- The rules of filling of formats of electronic payment documents and messages of System of package clearing of small retail and regular payments in the Kyrgyz Republic approved by the resolution of Board of National Bank of the Kyrgyz Republic of March 2, 2006 No. 5/10 (further Rules of filling of formats).

1.2. The list of the commercial banks providing services in payments of direct debiting is posted on the official site of National Bank of the Kyrgyz Republic (further - National Bank).

1.3. The terms and determinations used in these rules correspond to terms and the definitions given in the regulations specified in Item 1.1.

1.4. In addition in these rules the following terms and determinations are used:

- the order on payment in the form of direct debiting (further the Order) - preliminary issue by the payer to the receiver of consent to fee by drawing of the order by the receiver in the form of direct debiting to the bank account of the payer in paying bank. The order can be drawn up within the service provision agreement signed between the consumer of services and the service provider. The order is drawn up on paper basis and is the official document;

- the payer - the physical person or legal entity making payments for goods, services, works by preavtorizovanny direct debiting from the bank account opened in paying bank;

- the receiver - the legal entity (organization) providing services and performing collection of payments on fee, social, budget and insurance premiums with use of form of preavtorizovanny direct debiting based on the Order received from the payer;

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