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INFORMATION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

Answers to questions on application of the Provision of the Bank of Russia of 19.06.2012 No. 383-P "About rules of implementation of money transfer" (the Part 6)

1. Question: Whether the procedure for control of availability of consent of the third party to cash write-off from the bank account can determine bank account agreement?

Answer: The provision of the Bank of Russia No. 383-P regulating procedure of money transfer in the territory of the Russian Federation in currency of the Russian Federation establishes compulsory procedures of acceptance to execution and execution of the order of the client who is drawn up within the applied form of clearing settlements.

According to Item 2.1 of the Provision of the Bank of Russia No. 383-P of the procedure of acceptance to execution of the order of the payer requiring according to the Federal Law of consent of the third party to the order money of the payer include control of availability of such consent of the third party. According to Item 2.8 of the Provision of the Bank of Russia No. 383-P, in case of receipt of the order of the payer requiring according to the Federal Law of consent of the third party to the order money of the payer, the payer bank exercises control of availability of consent of the third party according to the procedure, established by the legislation and the agreement, including bank account agreement.

2. Question: In what sequence by the individual entrepreneur information in the order detail "Payer", "Receiver" shall be specified? Whether reducing legal status of the physical person who is engaged in business activity is allowed?

Answer: The provision of the Bank of Russia No. 383-P establishes procedure for specifying of information in details of orders, at the same time specifying of information in certain sequence shall be observed only in directly provided cases. The list and the description of details of orders of the payment order, payment request and the collection order are given in appendix 1 to the Provision of the Bank of Russia No. 383-P. So, in value of the detail 8 "Payer", 16th "Receiver" of the order of the client is specified for individual entrepreneurs - surname, name, middle name (if other does not follow from the law or national custom) completely and legal status. Requirements for the sequence of specifying First name, middle initial, last name, legal status in the order detail "Payer" "Receiver",  are not provided by the Provision of the Bank of Russia No. 383-P. Reducing legal status of the physical person who is engaged in business activity - "SP", is admissible.

3. Question: By what regulation the bank should be guided in case of discrepancy of the means of details specified at the disposal of the receiver to conditions of in advance this acceptance?

Answer: According to Item 2.9 of the Provision of the Bank of Russia No. 383-P in case of receipt of the order of the receiver of means requiring the acceptance of the payer, the payer bank exercises control of availability of in advance this acceptance of the payer.

In case of discrepancy at the disposal of the receiver of details to the details provided by conditions of in advance this acceptance based on paragraph 3 of subitem 2.9.1 of Item 2.9 of the Provision of the Bank of Russia No. 383-P, the order of the receiver of means is subject to return if the agreement does not provide obligation of payer bank in the specified case to request the acceptance of the payer.

Regulations of paragraph 4 of subitem 2.9.1 of Item 2.9 of the Provision of the Bank of Russia No. 383-P provide receipt of the acceptance of the payer by payer bank, in cases of lack of in advance this acceptance, or absence in the conditions of in advance this acceptance of possibility of partial execution.

4. Question: Whether the message on money transfer transmitted through SWIFT, the order about money transfer is?

Answer: According to Item 1.11 of the Provision of the Bank of Russia No. 383-P of the order for which are not established by the Provision of the Bank of Russia No. 383-P 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 Provisions of the Bank of Russia No. 383-P, and shall contain names of orders, excellent from specified in Item 1.10 of the Provision of the Bank of Russia No. 383-P. Proceeding from stated, the messages on money transfer transmitted through SWIFT can be considered as the order about money transfer.

5. Question: What date of the document should be considered in case of execution of the order about receipt of cash in case of insufficiency of money on the account for the purpose of observance of requirements of article 855 of the Civil code of the Russian Federation about cash write-off from the account according to the procedure of calendar priority of receipt in bank of documents?

Answer: According to Items 2. 10, 2.17 Provisions of the Bank of Russia No. 383-P, in case of insufficiency of money on the bank account of the client, in queue of the orders which are not performed in time are located the order (statement) for receipt of cash from the business bank account if it is provided by bank account agreement. The specified regulation gives to the organizations opportunity of receipt of cash on salary payment from the bank account in case of their insufficiency on the account based on the order (statement) of the client in the priority established by the legislation.

At the same time at the order placed in queue of the orders which are not performed in time, the bank specifies date of the room of the order in queue which shall be observed by consideration of question of calendar receipt of the document in bank.

Procedure for execution of the order about receipt of cash from the business bank account, and also form of the order (statement) according to the Items 1,8, 1.11 of Provisions of the Bank of Russia No. 383-P are established by credit institution.

6. Question: Whether the bank order when implementing money transfer in foreign currency from one bank account of the client for another has the right to apply bank?

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