PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 9, 2012 No. 381-P

About the Procedure of supervision of observance not being credit institutions operators of payment service providers, operators of services of payment infrastructure of requirements of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system", the regulations of the Bank of Russia adopted according to it

Based on the Federal Law of June 27, 2011 N 161-FZ "About national payment system" (The Russian Federation Code, 2011, N 27, of the Art. 3872) (further - the Federal Law N 161-FZ) this Provision establishes procedure the Bank of Russia of supervision of observance not being credit institutions operators of payment service providers, operators of services of payment infrastructure (further - persons under surveillance of the organization) requirements of the Federal Law N 161-FZ, regulations of the Bank of Russia adopted according to it.

Chapter 1. General provisions

1.1. Supervision of observance by persons under surveillance by the organizations of requirements of the Federal Law N 161-FZ, the regulations of the Bank of Russia adopted according to it will be organized and performed by the Bank of Russia for the purpose of ensuring stability of national payment system and its development.

1.2. Activities of the Bank of Russia for supervision of observance by persons under surveillance by the organizations of requirements of the Federal Law N 161-FZ, the regulations of the Bank of Russia adopted according to it include remote supervision, conducting inspection checks, and also application of actions and enforcement measures in case of violation of requirements of the Federal Law N 161-FZ by the subsupervising organization, the regulations of the Bank of Russia adopted according to it, collection of the penalties provided by Articles 82. 4, 82.5 Federal Laws of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, of the Art. 2311, the Art. 2317) (further - the Federal Law No. 86-FZ), also provides:

the analysis of indicators of activities of the subsupervising organization for the purpose of identification of the factors exerting negative impact on activities of the subsupervising organization, uninterruptedness of functioning of payment system and services rendered to members of payment service provider and their clients;

check of observance by the subsupervising organization of requirements of the Federal Law N 161-FZ, the regulations of the Bank of Russia adopted according to it;

check of activities of the subsupervising organization on compliance to requirements to procedure for ensuring uninterruptedness of functioning of payment systems and to risk management system in payment system, the established Bank of Russia according to part 6 of Article 12 and part 3 of article 28 of the Federal law N 161-FZ;

check of observance of requirements to ensuring information security when implementing money transfers according to the procedure established by the Bank of Russia according to part 3 of article 27 of the Federal law N 161-FZ;

identification of persons under surveillance of the organizations providing functioning of significant payment systems, and check of their activities on compliance to the requirements of the Bank of Russia established by the Bank of Russia for significant payment systems according to article 22 of the Federal law N 161-FZ;

assessment of the program of actions of the subsupervising organization directed to elimination of the revealed violations if its development was recommended by the Bank of Russia;

check of compliance of the documents submitted to the Bank of Russia and information (including this to the reporting) the actual activities of the subsupervising organization and timeliness of their provision;

check of realization by the operator of payment system of procedure of control over the implementation of rules of payment system.

the paragraph the tenth ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 25.06.2015 No. 3295-U

check of completeness and timeliness of introduction by the operator of the payment system which is not national significant payment system, the security deposit on the special bank account of Russia according to the procedure, No. 423-P provided by the Provision of the Bank of Russia of June 12, 2014 "About security deposits of operators of the payment systems which are not national significant payment systems", the registered Ministry of Justice of the Russian Federation on June 20, 2014 No. 32820 ("the Bulletin of the Bank of Russia" of June 26, 2014 No. 60);

identification of the facts of suspension (termination) unilaterally rendering services of payment infrastructure to the member (participants) of payment service provider and to his clients.

The Bank of Russia can perform verification of other requirements of the Federal Law No. 161-FZ, the regulations of the Bank of Russia adopted according to it within supervision of persons under surveillance by the organizations.

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