of August 24, 2012 No. 265
About approval of Rules of functioning of payment systems as which operator the National Bank of the Republic of Kazakhstan or its affiliated organization acts
For the purpose of implementation of the Law of the Republic of Kazakhstan of July 5, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning the organization of activities of National Bank of the Republic of Kazakhstan, regulation of the financial market and the financial organizations" the Board of National Bank of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of functioning of payment systems as which operator the National Bank of the Republic of Kazakhstan or its affiliated organization acts.
2. This resolution becomes effective after ten calendar days after day of its first official publication.
Chairman of National Bank
G. Marchenko
Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of August 24, 2012 No. 265
1. These rules of functioning of payment systems as which operator the National Bank of the Republic of Kazakhstan or its affiliated organization acts (further - Rules) are developed according to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan" and establish procedure for functioning of payment systems as which operator the National Bank of the Republic of Kazakhstan (further - National Bank) or its affiliated organization on behalf of the Republican state company on the right of economic maintaining "The Kazakhstan center of interbank calculations of National Bank of the Republic of Kazakhstan" acts (further - the Center).
2. Action of Rules does not extend to the relations connected with implementation of payments and money transfers through interbank money transfer system, system of interbank clearing.
3. In Rules concepts, the stipulated in Article 3 Laws of the Republic of Kazakhstan of June 29, 1998 "About payments and money transfers", and also the following concepts are used:
1) payment system - set of procedures, technologies, infrastructures, documentation and organizational and technical actions providing carrying out payments and money transfers between members of payment service provider;
2) the operator of payment system (further - the operator) - the National Bank or its affiliated organization providing functioning, including technical support of payment service provider, and also information and technological interaction between members of payment service provider based on the agreements signed with them;
3) the member of payment service provider - physical person or legal entity which according to the signed agreements has right or the obligation on implementation of payments and money transfers within certain payment system.
4. Payments in payment systems are made in national currency of the Republic of Kazakhstan.
5. The procedure for functioning of payment systems is provided by Rules, agreements on carrying out payments in payment system and the legislation of the Republic of Kazakhstan concerning functioning of payment systems.
6. The operator regulates features of functioning of payment systems, establishes the schedule of acceptance and processing of payment documents, the sequence of actions of members of payment service providers when implementing payments and money transfers, and also carrying out calculations between members of payment service providers.
If operator is the Center, its internal documents on functioning of payment systems are approved with National Bank.
7. Services in carrying out payments in payment system are provided to members of payment service provider by the operator based on the contract signed between them (further - the agreement).
8. The agreement is signed by the operator taking into account requirements of Rules.
9. Formats and the sequence of procedures of exchange of electronic messages in payment systems are determined by the operator.
10. The operator determines and controls authentication of electronic messages, and also the sequence of procedures of protective actions from unauthorized payments.
11. Electronic messages are constituted in the state and/or Russian languages. Use of other languages in case of creation of electronic messages is established by the operator in coordination with National Bank.
12. The operator provides availability of auditor trace in the information systems according to all payment documents received and processed in payment systems, and also storage of the received and sent payment documents within five years.
13. The risk management methods applied in payment system provide timely completion of money transfers in case of absence or insufficiency of money for implementation of money transfers at one or several members of payment service provider.
14. The center in case of accomplishment of functions of the operator represents to National Bank of the data on the payments and money transfers which are carried out in payment systems.
15. The operator levies service fee, rendered in payment systems to her participants. Conditions and procedure for collection of service fee of the operator are determined in the contract between the operator and members of payment service provider.
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The document ceased to be valid since November 4, 2016 according to Item 2 of the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 218