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The document ceased to be valid since  December 19, 2016 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 208

RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of November 14, 2001 No. 430

About approval of Rules of implementation of payments by direct debiting of the bank account

(as amended on 25-02-2015)

For the purpose of enhancement of the regulatory legal base regulating procedure of cashless payments and money transfers in the territory of the Republic of Kazakhstan, the Board of National Bank of the Republic of Kazakhstan decides:

1. Approve the enclosed Rules of implementation of payments by direct debiting of the bank account and enact them and this resolution after fourteen days from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

2. To management of payment systems (Musayev R. N.):

1) together with Legal department (Sharipov S. B.) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution and Rules of implementation of payments by direct debiting of the bank account;

2) in ten-day time from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan to bring this resolution and Rules of implementation of payments by direct debiting of the bank account to data of the interested divisions of central office, branches of National Bank of the Republic of Kazakhstan and banks of the second level.

3. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Zhangeldin E. T.

Chairman

G. Marchenko

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of November 14, 2001 No. 430

Rules of implementation of payments by direct debiting of the bank account

1. General provisions

1. These rules of implementation of payments by direct debiting of the bank account are developed according to the Laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of June 29, 1998 "About payments and money transfers" and determine procedure and conditions of implementation of payments by direct debiting of the bank account.

2. Direct debiting of the bank account - payment method in case of which money withdrawal at the sender of money and their transfer for benefit of the beneficiary based on preliminary permission of the sender of money about the specified withdrawal acting during the certain period of time and/or within certain amount of money is made.

3. For implementation of payment by direct debiting of the bank account between the sender of money and its bank the agreement according to which the sender of money agrees to money withdrawal from its bank account based on requirements of the beneficiary for the delivered goods, the performed works or the rendered services (further - the agreement of direct debiting of the bank account) is signed.

In the agreement of direct debiting of the bank account documents of the beneficiary in the presence of which the bank of the sender of money makes payment by direct debiting of the bank account are specified.

The conclusion of the agreement of direct debiting of the bank account in the application form of the sender of money according to whom the sender of money agrees to bank to money withdrawal for benefit of the beneficiary by direct debiting of the bank account is allowed.

Specifying of terms of the contract of direct debiting of the bank account in the agreement signed between the sender of money and its bank, and which is the basis for presentation of requirements of bank to the sender of money is allowed (bank account agreement, the agreement of bank loan and others).

4. The basis for presentation of requirements of the beneficiary for payment of the delivered goods, the performed works or the rendered services is the contract between the sender of money and the beneficiary or other documents according to which delivery of goods, performance of works or rendering services is performed.

5. The bank of the sender of money makes payment by direct debiting of the bank account in the presence of necessary amount of money on the bank account of the sender of money for its execution.

6. Establishment of the sender of money of separate rate by bank for implementation of payment by direct debiting of the bank account is allowed.

2. Payment procedure by direct debiting of the bank account of the sender of money

7. The bank of the sender of money makes payment by direct debiting based on the agreement of direct debiting of the bank account and in the presence of the documents of the beneficiary confirming delivery of goods, performance of works or rendering services including the invoice, the receipt, the notice and/or other documents (further - supporting documents) specified in the agreement of direct debiting of the bank account.

8. The beneficiary represents originals of supporting documents or their notarially certified copies is direct in bank of the sender of money or in bank of the beneficiary.

Copies of supporting documents go the beneficiary to the sender of money if this condition is provided by the agreement signed between them.

Submission of supporting documents by the beneficiary to the sender of money for subsequent their direction by the sender of money in bank of the sender of money is allowed.

9. In case of presentation by the beneficiary in bank of the beneficiary of supporting documents the bank of the beneficiary sends them to bank of the sender of money no later than three working days from the date of their obtaining if other is not provided by the agreement signed between the beneficiary and bank of the beneficiary.

10. Having received supporting documents, the bank of the sender of money performs verification of the received documents on their compliance to the data containing in the agreement of direct debiting of the bank account.

The term of consideration by bank of the sender of money of supporting documents and execution or motivated refusal performed by payment by direct debiting of the bank account of the sender of money shall not exceed three working days from the date of receipt of supporting documents.

In case of detection of discrepancy of supporting documents to the documents specified in the agreement of direct debiting of the bank account, the bank of the sender of money returns supporting documents to the beneficiary with indication of return reason (if the beneficiary is client of this bank) or to bank of the beneficiary for the subsequent transfer to the beneficiary (if the beneficiary is client of other bank).

11. In case of compliance of supporting documents to terms of the contract of direct debiting of the bank account the bank of the sender of money makes payment by direct debiting of the bank account.

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