PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 19, 2012 No. 383-P

About rules of implementation of money transfer

This Provision is developed based on the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, the Art. 3872), the Federal Law 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, the Art. 6728), the Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; No. 15, Art. 1447; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 19, Art. 2291; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, the Art. 7351) 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 15, 2012 No. 11) establish rules of implementation of money transfer by the Bank of Russia, credit institutions (further in case of joint mentioning - banks) in the territory of the Russian Federation in currency of the Russian Federation.

Chapter 1. General provisions

1.1. Banks transfer money according to bank accounts and without opening of bank accounts according to the Federal Law and regulations of the Bank of Russia (further in case of joint mentioning - the legislation) within the applied forms of clearing settlements based on the orders provided by Items 1.10 and 1.11 of this provision on money transfer (further - orders) constituted by payers, receivers of means, and also persons, the bodies having the right based on the Federal Law to show orders to bank accounts of payers (further - claimants of means), banks.

Money is transferred within the following forms of clearing settlements:

payments with payment orders;

payment under the letter of credit;

payments with collection orders;

payments with checks;

calculations in the form of money transfer upon the demand of the receiver of means (direct debiting);

calculations in the form of the translation of electronic money.

Transfer of electronic money is made according to the legislation and agreements taking into account requirements of this provision.

Forms of clearing settlements are elected by payers, receivers of means independently and can be provided by the agreements signed by them with the partners (further - the basic agreement).

1.2. Payers, receivers of means are the legal entities, individual entrepreneurs, physical persons who are engaged in the procedure established by the legislation of the Russian Federation in private practice, physical persons (further - clients), banks. Claimants of means can be receivers of means. According to orders of claimants of means, including bodies of forced execution, tax authorities, the body to which according to the Federal Law transfer of the collected money is made can also be the receiver of means.

The claimant of means at the order directed with the executive document on collection specifies the receiver of means of or body to which according to the Federal Law transfer of the collected money is made.

1.3. Banks transfer money according to bank accounts by means of:

cash write-offs from bank accounts of payers and transfer of money on bank accounts of receivers of means;

cash write-offs from bank accounts of payers and cash disbursement of money to receivers of means - physical persons;

cash write-offs from bank accounts of payers and increase in remaining balance of electronic money of receivers of means.

1.4. Credit institutions transfer money without opening of bank accounts, including with use of electronic instruments of payment, by means of:

acceptance of cash, the order of the payer - physical person and transfer of money on the bank account of the receiver of means;

acceptance of cash, the order of the payer - physical person and cash disbursement of money to the receiver of means - physical person;

acceptance of cash, the order of the payer - physical person and increase in remaining balance of electronic money of the receiver of means;

reduction of remaining balance of electronic money of the payer and transfer of money by the bank account of the receiver of means;

reduction of remaining balance of electronic money of the payer and cash disbursement of money to the receiver of means - physical person;

reduction of remaining balance of electronic money of the payer and increase in remaining balance of electronic money of the receiver of means.

1.5. Money can be transferred by bank with subsequent compensation according to the agreement by payer bank of money in the amount of the amounts of the orders performed by payee bank of means.

1.6. Money can be transferred with participation of the bank which is not payer bank and payee bank of means (further - intermediary bank).

1.7. Irrevocability, certainty, finality of money transfer comes according to the Federal Law.

1.8. Credit institutions approve the internal documents containing:

procedure for creation of orders;

procedure for performing procedures of acceptance to execution, response, return (cancellation) of orders;

procedure for execution of orders;

other regulations on the organization of activities of credit institutions for implementation of money transfer.

Internal documents do not may contain the provisions contradicting the legislation, including this Provision.

1.9. Money is transferred by banks according to orders of clients, claimants of means, banks (further - senders of orders) in electronic form, including with use of electronic instruments of payment, or on papers.

1.10. The list and the description of details of orders - the payment order, the collection order, payment request, the payment order are given in appendices 1 and 8 to this Provision. These orders are applied within forms of clearing settlements, stipulated in Item 1.1 this provision.

Forms of the payment order, the collection order, payment request, the payment order are given on papers in appendices 2, of 4, 6 and 9 to this Provision.

Numbers of details of the payment order, the collection order, payment request, the payment order are given in appendices 3, of 5, 7 and 10 to this Provision.

The maximum quantity of symbols in the details of the payment order, collection order, payment request, the payment order constituted in electronic form is established by appendix 11 to this Provision.

1.11. Orders for which are not established by this Provision the list of details and form are constituted by senders of orders with indication of the details established by bank allowing bank to transfer money and in the forms established by bank or the receiver of means in coordination with bank. These orders are applied within forms of clearing settlements, stipulated in Item 1.1 this provision, and shall contain names of orders, excellent from specified in Item 1.10 of this provision.

Provisions of this Item extend to the statements, notifications, notices, requests, answers constituted in the cases provided by this Provision on the statements constituted according to the Federal Law for the purpose of money recovery.

Provisions of this Item extend to the orders constituted by the legal entity in electronic form or on paper about receipt of cash from the business bank account in case of insufficiency of money on its bank account.

Provisions of this Item extend to the order of physical person which form based on part 1 of article 8 of the Federal Law of June 27, 2011 No. 161-FZ "About national payment system" (The Russian Federation Code, 2011, No. 27, Art. 3872; 2012, No. 53, Art. 7592; 2013, No. 27, Art. 3477; No. 30, Art. 4084; No. 52, Art. 6968; 2014, No. 19, Art. 2315, Art. 2317; No. 43, Art. 5803; 2015, No. 1, the Art. 8, the Art. 14) (further - the Federal Law No. 161-FZ) is established by the Ministry of Finance of the Russian Federation in coordination with the Bank of Russia.

1.12. Payment orders, collection orders, payment requests, payment orders, bank orders are settlement (payment) documents.

1.13. The order form on paper specified in Items 1.10 and 1.11 of this provision shall not exceed leaf of the A4 format. If the form of the order specified in Item 1.11 of this provision consists of several sheets, each of sheets is drawn up according to the procedure, established by bank, taking into account the requirements provided by this Provision.

Number of copies of orders on papers is established by bank.

1.14. Banks apply orders according to this Provision in cases:

write-offs (transfer) of money according to the bank account if the bank is receiver of means (payer);

money transfer without opening of the bank account, including the translation of electronic money if the bank is receiver of means.

1.15. Based on the order of the payer, including in the form of the statement, or the contract with it the payer bank can constitute the order (orders) and transfer one-time and (or) periodic money according to the bank account of the payer or without opening of the bank account to the payer including using electronic instrument of payment, in certain date and (or) the period, in case of approach determined by the order or the agreement of conditions in the amount determined by the payer, to the receiver of means in this or other bank.

1.16. Based on the order of the receiver of means, including in the form of the statement, or the contract with it the payee bank of means can constitute the order (orders) and perform one-time and (or) periodic presentation of orders of the receiver of means to the bank account of the payer opened in this or other bank or for the purpose of implementation of the transfer of the electronic money of the payer to certain date and (or) the period, in case of approach determined by the order or the agreement of conditions in the amount determined by the receiver of means.

1.17. The payer can constitute according to the agreement the order for total amount with the register which joins orders of one group of priority, for the purpose of implementation of money transfer to several receivers of means served by one bank.

In the cases provided by the agreement, the payer can constitute the order for total amount with the register for the purpose of implementation of money transfer to several receivers of means served by different banks.

1.18. The receiver of means can constitute according to the agreement the order for total amount with the register which joins orders of one group of priority at which the payers served by one bank are specified.

In the cases provided by the agreement, the receiver of means can constitute the order at which information on the payers served by different banks is specified.

1.19. In the register information on banks of receivers of means (banks of payers), receivers of means (payers), the amounts on receivers of means (payers), dates, numbers of orders and purpose of payment (purposes of payment), and also total quantity of orders are specified. If the register goes separately from the order to total amount, then in it are specified the total amount of the orders included in the register, and also number and date of the order for total amount. The amount specified in the register shall correspond to the amount specified on hand total amount. In the register the payer (the receiver of means) can specify the additional information in coordination with bank.

1.20. The bank based on the orders accepted to execution, orders for total amount with the registers provided to bank can constitute the order for total amount with the register which joins orders of one group of priority. In the register the total amount and total quantity of orders, information on payers or the payer (in the cases provided by the Federal Law or the agreement), receivers of means or the receiver of the means served by this or other bank, containing the details sufficient for transfer of money provided by the contract for bank accounts of receivers of means, cash disbursements of money to receivers of means, the amount of each order are specified. Dates, numbers of orders and information on purpose of payment (purposes of payment) are specified in the register in case of their availability at orders.

1.21. Procedure for the direction of orders, transfers of the registers specified in Items 1. 17, 1.18 and 1.20 this provision, are determined by banks taking into account the term of implementation of money transfer according to the Federal Law.

1.21.1. At orders the unique payment ID in cases of its assignment by the receiver of means is specified. The unique payment ID is carried by the receiver of means to the payer according to the agreement. The payee bank of means exercises control of unique payment ID in the cases and procedure established by the contract with the receiver of means. In case of implementation of money transfer on the bank account of the receiver of means opened for the purpose of payment identification, forming and control of unique payment ID are performed according to the procedure, established in appendix 12 to this Provision.

At orders about money transfer on account of the payments which are sources of forming of the income of budgets of the budget system of the Russian Federation, other payments arriving into accounts of bodies of the Federal Treasury, and payments for performance of works, rendering services by budget and autonomous institutions (further - orders about money transfer on account of payments in the budget system of the Russian Federation) the unique payment ID is specified according to requirements of the regulatory legal acts adopted based on part 1 of article 8 of the Federal Law No. 161-FZ by the Ministry of Finance of the Russian Federation in coordination with the Bank of Russia.

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