Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 27, 2011 No. 161-FZ

About national payment system

(as amended on 27-12-2019)

Accepted by the State Duma of the Russian Federation on June 14, 2011

Approved by Council of the Russian Federation on June 22, 2011

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

This Federal Law establishes legal and organizational basis of national payment system, regulates procedure for rendering payment services, including implementation of money transfer, use of electronic instruments of payment, activities of subjects of national payment system, and also determines requirements to the organization and functioning of payment systems, procedure of supervision and observation in national payment system.

Article 2. Normative legal regulation of the relations in national payment system

1. The legislation of the Russian Federation on national payment system is based on the Constitution of the Russian Federation, international treaties of the Russian Federation and consists of this Federal Law and other Federal Laws.

2. The government of the Russian Federation and federal executive bodies within the powers in the cases provided by this Federal Law and other Federal Laws can adopt regulatory legal acts for the purpose of relations management in national payment system.

3. Central Bank of the Russian Federation (Bank of Russia) within the powers in the cases provided by this Federal Law and other Federal Laws can adopt regulations for the purpose of relations management in national payment system.

Article 3. The basic concepts used in this Federal Law

In this Federal Law the following basic concepts are used:

1) national payment system - set of operators on money transfer (including operators of electronic money), bank payment agents (subagents), payment agents, the organizations of federal mail service when rendering payment services by them in accordance with the legislation of the Russian Federation, operators of payment systems, operators of services of payment infrastructure, operators of services of information exchange, foreign payment service providers, operators of foreign payment systems, suppliers of payment applications (subjects of national payment system);

2) the operator on money transfer - the organization which has in accordance with the legislation of the Russian Federation the right to transfer money;

3) the operator of electronic money - the operator on money transfer making transfer of electronic money without opening of the bank account (the translation of electronic money);

4) the bank payment agent - the legal entity, not being credit institution, or the individual entrepreneur which are attracted by credit institution for the purpose of implementation of separate banking activities;

5) the bank payment subagent - the legal entity, not being credit institution, or the individual entrepreneur which are attracted by the bank payment agent for the purpose of implementation of separate banking activities;

6) the operator of payment system - the organization which is determining rules of payment system, and also carrying out other obligations provided by this Federal Law;

7) the operator of services of payment infrastructure - the operational center, payment clearing center and settlement center;

8) the operational center - the organization providing within payment system for members of payment service provider and their clients access to services in money transfer including with use of electronic instruments of payment, and also exchange of electronic messages (further - operational services);

9) payment clearing center - the organization created in accordance with the legislation of the Russian Federation, providing within payment system acceptance to execution of orders of members of payment service provider about implementation of money transfer and accomplishment of other actions provided by this Federal Law (further - services of payment clearing);

10) the central payment clearing partner - the payment clearing center acting according to this Federal Law the payer and the receiver of means on money transfers of members of payment service provider;

11) settlement center - the organization created in accordance with the legislation of the Russian Federation if other is not provided by this Federal Law, and providing within payment system execution of orders of members of payment service provider by means of write-off and transfer of money according to bank accounts of members of payment service provider, and also the direction of the confirmations concerning execution of orders of members of payment service provider (further - settlement services);

12) money transfer - actions of the operator for money transfer within the applied forms of clearing settlements on provision to the receiver of means of money of the payer;

13) cross-border transfer of money - money transfer when which implementing the payer or the receiver of means is outside the Russian Federation, and (or) money transfer when which implementing the payer or the receiver of means are served by foreign Central (national) Bank or foreign bank;

14) irrevocability of money transfer - the characteristic of money transfer designating absence or the termination of possibility of withdrawal of the order about implementation of money transfer at a given time;

15) certainty of money transfer - the characteristic of money transfer designating lack of conditions or accomplishment of all conditions for implementation of money transfer at a given time;

16) finality of money transfer - the characteristic of money transfer designating provision of money to the receiver of means at a given time;

17) payment service - service in money transfer, service of postal order and service in acceptance of payments;

18) electronic money - money which is previously provided by one person (person which provided money) to other person considering information on the size of the provided money without opening of the bank account (the obliged person) for execution of monetary commitments of person which provided money before the third parties and concerning which person which provided money has the right to transfer orders only with use of electronic instruments of payment. At the same time are not electronic money the money received by the organizations performing professional activity in the security market, clearing activities, activities for the organization of investment attraction and (or) activities for management of investment funds, mutual investment funds and non-state pension funds and performing accounting of information on the size of the provided money without opening of the bank account according to the legislation regulating activities of the specified organizations;

19) electronic instrument of payment - the means and (or) method allowing the client of the operator to constitute, certify and transfer on money transfer orders for the purpose of implementation of money transfer within the applied forms of clearing settlements with use of information and communication technologies, electronic media of information, including payment cards, and also other technical devices;

20) payment system - the set of the organizations which are interacting by rules of payment system for the purpose of implementation of money transfer, including the operator of payment service provider, operators of services of payment infrastructure and members of payment service provider from whom at least three organizations are operators on money transfer;

21) significant payment system - the payment system answering to the criteria established by this Federal Law (systemically significant payment system, socially important payment system, national significant payment system);

22) rules of payment system - the document (documents) containing (containing) conditions of participation in payment system, implementation of money transfer, rendering services of payment infrastructure and other conditions determined by the operator of payment system according to this Federal Law;

23) members of payment service provider - the organizations which joined rules of payment system for the purpose of rendering services in money transfer;

24) exchange of electronic messages - obtaining by the operational center of the electronic messages containing orders of members of payment service provider, transfer of the specified messages in payment clearing center, settlement center and also transfer of notices (confirmations) on acceptance and about execution of orders of members of payment service provider;

25) payment clearing line items - cash amounts, subject to write-off and transfer by settlement center according to bank accounts of members of payment service provider;

26) prepaid card - the payment card provided to the client by the operator of electronic money, used for the translation of electronic money, and also for implementation of other transactions, stipulated in Article the 7th this Federal Law.

27) foreign payment system - set of the organizations which joined the rules of the foreign payment system organized according to the foreign legislation determined by the operator of foreign payment system, and interacting by rules of foreign payment system (members of foreign payment service provider) according to which the foreign bank (foreign credit institution) can act as the payer and the receiver of means on money transfers of members of foreign payment service provider (the foreign central payment clearing partner);

27. 1) rules of foreign payment system - the document (documents) containing (containing) conditions of implementation of cross-border transfers of money and other conditions determined by the operator of foreign payment system;

28) the ATM - automatic (without participation of the authorized person of credit institution, either the bank payment agent, or the bank payment subagent) the device for implementation of calculations providing possibility of issue and (or) acceptance of cash including with use of electronic instruments of payment, and on transfer of orders of credit institution about implementation of money transfer;

29) the supplier of the payment application - the legal entity, including the foreign organization providing based on the contract with the operator on money transfer the payment application for its application by clients of the operator on money transfer;

30) the payment application - the software provided by the supplier of the payment application on the technical device connected to the Internet (including the mobile phone, the smartphone, the tablet computer) allowing the client of the operator to constitute and transfer on money transfer orders for the purpose of implementation of money transfer with use of electronic instrument of payment;

31) the payment aggregator - the legal entity involved by the operator on money transfer according to article 14.1 of this Federal Law for the purpose of:

a) ensuring acceptance of electronic instruments of payment with the legal entities, individual entrepreneurs and other persons specified in part 13 of article 14.1 of this Federal Law;

b) participations in money transfer for benefit of the legal entities, individual entrepreneurs and other persons specified in part 13 of article 14.1 of this Federal Law on transactions with use of electronic instruments of payment;

32) the foreign payment service provider - the foreign organization having the right according to the legislation of foreign state in the territory of which it is registered based on the license or other permission to render services in money transfer in bank accounts and (or) without opening of bank accounts and (or) to perform transactions with use of electronic instruments of payment;

33) the operator of services of information exchange - the organization rendering to operators on money transfer based on agreements of service of exchange of information when implementing transactions with use of electronic instruments of payment between operators on money transfer and their clients and (or) between operators on money transfer and foreign payment service providers (further - services of information exchange). At the same time operator of services of information exchange are not the operational center and the telecom operator.

Chapter 2. Procedure for rendering payment services, including implementation of money transfer, and use of electronic instruments of payment

Article 4. Procedure for rendering payment services

1. The operator on money transfer renders services in money transfer based on the agreements signed with clients and between operators on money transfer within the applied forms of clearing settlements according to requirements of the legislation of the Russian Federation.

2. Bank payment agents and bank payment subagents participate in rendering services in money transfer based on the agreements signed according to operators on money transfer and bank payment agents according to requirements of article 14 of this Federal Law.

3. The organizations of federal mail service render services of postal money transfer according to requirements of the Federal Law of July 17, 1999 to No. 176-FZ "About mail service".

4. Payment agents render services in acceptance of payments according to the Federal Law of June 3, 2009 to No. 103-FZ "About the activities for acceptance of payments of physical persons performed by payment agents".

Article 5. Procedure of money transfer

1. The operator on money transfer transfers money according to the order of the client (the payer or the receiver of means) which is drawn up within the applied form of clearing settlements (further - the order of the client).

2. Money is transferred at the expense of the money of the payer which is on its bank account or provided to them without opening of the bank account.

3. Money is transferred within the applied forms of clearing settlements by means of transfer of money on the bank account of the receiver of means, issue to the receiver of means of cash or the cash accounting for benefit of the receiver of means without opening of the bank account when translating electronic money.

4. Cash deposit of money on the bank account or receipt of cash from the bank account at one operator on money transfer is not money transfer.

5. Money transfer, except for the translation of electronic money, is performed no more than three working days since day of cash write-off from the bank account of the payer or from the date of provision by the payer of cash for the purpose of money transfer without opening of the bank account in time.

6. In implementation of money transfer along with the operator on money transfer serving the payer, and the operator on money transfer serving the receiver of means other operators on money transfer can participate (further - intermediaries in the translation).

7. If other is not caused by the applied form of clearing settlements or the Federal Law, irrevocability of money transfer, except for the translation of electronic money, comes from the moment of cash write-off from the bank account of the payer or from the moment of provision by the payer of cash for the purpose of money transfer without opening of the bank account.

8. Certainty of money transfer comes at the time of accomplishment determined by the payer and (or) the receiver of means or other persons of conditions of implementation of money transfer, including implementation of counter money transfer in other currency, counter transfer of securities, submission of documents, or in the absence of the specified conditions.

9. If payer of means and receiver of means one operator on money transfer serves, finality of money transfer, except for the translation of electronic money, steps at the time of transfer of money on the bank account of the receiver of means or providing to the receiver of means of possibility of receipt of cash.

10. If the payer of means and the receiver of means are served by different operators on money transfer, finality of money transfer steps at the time of transfer of money on the bank account of the operator on money transfer serving the receiver of means taking into account requirements of article 25 of this Federal Law.

11. In case of money transfer the obligation of the operator on money transfer serving the payer to the payer stops at the time of approach of its finality.

12. The operator on money transfer before implementation of money transfer shall give to clients access in form, available to them, to conditions of implementation of money transfer within the applied form of clearing settlements, including:

1) with amount of remuneration and procedure for its collection if it is provided by the agreement;

2) with method of determination of the exchange rate applied when implementing money transfer in foreign currency (in case of distinction of cash currency, provided by the payer, and currencies of the transferred money);

3) with procedure for presentation of claims, including information for communication with the operator on money transfer;

4) with other information caused by the applied form of clearing settlements.

13. The client shall provide to the operator on money transfer reliable information for communication with the client, and in case of its change timely to provide updated information. The obligation of the operator on money transfer in the direction to the client of the notifications provided by this Federal Law is considered performed in case of the direction of the notification according to information which is available for the operator on money transfer for communication with the client.

Article 6. Features of implementation of money transfer upon the demand of the receiver of means

1. When implementing clearing settlements in the form of money transfer upon the demand of the receiver of means (direct debiting) the operator on money transfer based on the contract with the payer performs cash write-off from the bank account of the payer from its consent (the acceptance of the payer) according to the order of the receiver of means (further - the requirement of the receiver of means).

2. The right of the receiver of means to impose requirements to the bank account of the payer shall be provided by the contract between the operator serving the payer on money transfer and the payer.

3. The acceptance of the payer can be this before receipt of the requirement of the receiver of means (in advance this acceptance of the payer) or after its receipt to the operator serving the payer on money transfer. The acceptance of the payer can be this in the contract between the operator serving the payer on money transfer and the payer or in the form of the separate document or the message.

4. The acceptance of the payer can be this concerning one or several receivers of means, one or several requirements of the receiver of means.

5. The requirement of the receiver of means can go to the operator who is directly serving the payer on money transfer or through the operator on money transfer serving the receiver of means.

6. In case of lack of in advance this acceptance of the payer the operator on money transfer transfers the arrived requirement of the receiver of means for the acceptance to the payer no later than the day following behind day of receipt of the requirement of the receiver of means.

7. The acceptance of the payer shall be this within five working days if shorter term is not provided by the contract between the operator on money transfer and the payer.

8. In case of the acceptance of the payer the requirement of the receiver of means is performed in the amount of the acceptance of the payer.

9. The acceptance of the payer regarding the amount of the requirement of the receiver of means (the partial acceptance of the payer) is allowed if other is not provided by the contract between the operator on money transfer and the payer.

10. In case of the partial acceptance of the payer the operator on money transfer shall specify it in case of confirmation to the receiver of means of execution of its requirement.

11. In case of refusal of the payer of the acceptance or non receipt of the acceptance at the scheduled time the requirement of the receiver of means is subject to return to the receiver of means with indication of return reason.

12. In case of receipt of the requirement of the receiver of means with in advance this acceptance of the payer the operator serving the payer on money transfer shall check compliance of the requirement of the receiver of means to conditions of in advance this acceptance of the payer.

13. In case of compliance of the requirement of the receiver of means to conditions of in advance this acceptance of the payer it is performed in the amount and in time which are provided by conditions of in advance this acceptance of the payer.

14. In case of discrepancy of the requirement of the receiver of means to conditions of in advance this acceptance of the payer or impossibility of their check the operator serving the payer on money transfer shall return the requirement of the receiver of means without execution if the agreement does not provide obligation of the serving payer of the operator on money transfer in the specified case to request the acceptance of the payer.

15. The operator on money transfer shall send to the payer the notification on execution of the requirement of the receiver of means no later than the day following behind day of execution.

Article 7. Features of implementation of the translation of electronic money

1. When implementing clearing settlements in the form of the translation of electronic money the client provides money to the operator of electronic money based on the agreement signed with it.

2. The client - physical person can provide money to the operator of electronic money with use of the bank account or without use of the bank account, and also at the expense of money, bank accounts given with use by other physical persons in cases of carrying out identification or the simplified identification of the client - physical person according to the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing", legal entities or individual entrepreneurs to the operator of electronic money for benefit of such client - physical person if the contract between the operator of electronic money and the client - physical person provides such opportunity.

3. The client - the legal entity or the individual entrepreneur provides money to the operator of electronic money only with use of the bank account.

4. The operator of electronic money considers money of the client by forming of the record reflecting the size of obligations of the operator of electronic money to the client in the amount of the provided money (further - remaining balance of electronic money).

5. The operator of electronic money has no right to provide to the client money for increase in remaining balance of electronic money of the client based on the agreement of consumer loan (loan).

6. The operator of electronic money has no right to perform charge of percent on remaining balance of electronic money of the client.

7. Transfer of electronic money is made based on orders of payers for benefit of receivers of means. In the cases provided by contracts between the payer and the operator of electronic money, between the payer and the receiver of means, transfer of electronic money can be made based on requirements of receivers of means according to article 6 of this Federal Law taking into account features of the translation of electronic money, except as specified uses of the electronic instruments of payment provided by part 4 of article 10 of this Federal Law.

8. The translation of the electronic money, except as specified, provided by part 9.1 of article 9 of this Federal Law can be performed between the payers and receivers of means who are clients of one operator of electronic money or several operators of electronic money.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.