of April 25, 2000 No. 179
About approval of the Instruction for registration, use and execution of payment orders, payment requirements orders, collection orders
For the purpose of reduction in compliance with the Law of the Republic of Kazakhstan of March 29, 2000 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning bank secrecy" the regulatory legal acts providing implementation of payments and money transfers in the Republic of Kazakhstan, the Board of National Bank of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Instruction for registration, use and execution of payment orders, payment requirements orders, collection orders (further - the Instruction) and to enact it after two weeks from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.
2. To management of payment systems (Musayev R. N.):
1) together with Legal department (Sharipov S. B.) to take measures to state registration in the Ministry of Justice of the Republic of Kazakhstan of this resolution;
2) in two weeks from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan to bring this resolution to the attention of regional branches of National Bank of the Republic of Kazakhstan and banks of the second level.
3. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Zhangeldin E. T.
Chairman of National Bank
G. A. Marchenko
Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of April 25, 2000 No. 179
1. This Instruction disaggregates procedure for registration, use and execution of payment orders, payment requirements orders, collection orders when implementing cashless payments and money transfers.
2. Action of this Instruction does not extend to the relations connected with payments and money transfers without opening to the sender of money of the bank account with the payments made by transfer of cash and also with implementation of the translations by means of payment card.
This Instruction does not regulate implementation of the cashless payments made according to the contract between the client and the bank serving it (except for execution of orders about response or suspension of execution of the payment document):
1) according to the bank accounts belonging to one client in this bank;
2) the changes in financial accounting of the amounts of money which are registered on them made by bank according to bank accounts of the client for reflection, including reflection of receivable remuneration;
3) on collection by bank of the commissions for servicing of the bank account of the client.
3. In this Instruction the basic concepts provided in article 3 of the Law of the Republic of Kazakhstan of June 29, 1998 "About payments and money transfers" (further - the Law on payments), and also the following concepts are used:
1) value date - the date specified by the initiator in its payment order and referred to as "value date" in which money shall be received by the beneficiary;
2) the debit translations - the cashless payments made by way of representation by the beneficiary to bank of payment documents for their payment by the sender of money;
3) the credit translations - the cashless payments made by way of representation by the initiator to bank receiver of the payment order;
4) the payment document - the document, on the basis or by means of which execution of monetary commitment in accordance with the terms of civil transactions, agreements, is made by regulations of the legislation of the Republic of Kazakhstan and the judgments;
5) No. 117 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 26.04.2013
6) the collecting bank - the bank assuming liabilities on transfer of the requirement of the beneficiary to bank of the sender of money or the sender of money for its subsequent payment according to requirements of this Instruction.
4. Acceptance of instructions and orders about their withdrawal or suspension of their execution is performed by bank receiver only during the operational day established by it.
5. If specifying or the order about its withdrawal or suspension of its execution is received after the termination of operational day, then such specifying or the order is considered the received bank receiver at the beginning of the next operational day.
If the value date celebrated in specifying of the initiator falls on non-working day, then the next working day is considered such date.
6. The bank receiver has the right to withdraw money of the sender (to debit its bank account) on the accepted instructions according to the procedure, established by the legislation of the Republic of Kazakhstan.
7. Documentary calculations are the payments made by bank in case of submission of the documents provided by the written agreement between the buyer and the seller and applied in banking practice: the bill of lading, way bills, transport documents in case of the mixed types of transport, express and posting certificates, insurance policies, commercial accounts, quality certificates, warrants, certificates of origin of goods, the certificate of load weight and other documents.
Forms of documentary calculations are the documentary credit (further - the letter of credit) and the documentary collection (further - the collection).
8. The letter of credit is the obligation of bank assumed by it at request and according to instructions of the client or at own discretion to make payment to the specified beneficiary or its order, or the acceptance and payment of the bills of exchange exposed by the beneficiary or their provision against the documents provided by the letter of credit to fixed term if all conditions of the letter of credit are complied.
The letter of credit represents the transaction isolated from the purchase and sale agreement or other agreement.
9. The collection are the transactions of bank performed based on other documents provided by the initiator payment and shown in case of documentary calculations provided by the agreement between the buyer and the seller and also based on other documents provided by legal acts of the Republic of Kazakhstan for the purpose of receipt of the acceptance and/or payment.
10. Application of the letter of credit and collection is made according to requirements of the legislation of the Republic of Kazakhstan.
11. The procedure for carrying out payments and money transfers from the accounts of public institutions opened in territorial subdivisions of treasury is regulated by regulatory legal acts of the Ministry of Finance of the Republic of Kazakhstan.
12. No. 266 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 24.08.2012
13. Types of payment documents:
1) payment order;
3) bill of exchange;
4) payment requirement order;
5) collection order, collection order of bodies of state revenues;
6) other payment documents established by regulatory legal acts of National Bank.
14. Payment documents, except as specified, provided by the current legislation of the Republic of Kazakhstan, shall contain the following details:
1) name of the payment document;
2) number of the payment document, number, month, year of its statement. The number is specified in figures, month - in cursive script, year - figures. On the payment documents processed with use of the computer equipment designation of month is allowed by figures;
3) surname, name, middle name (in the presence) physical person either the full or abbreviated name of the legal entity - the sender of money, its individual identification code, except as specified, provided by this Instruction;
4) full name, including form of business, bank of the sender of money, its bank identification code (near the name its corporate designation can be put down);
5) the full or abbreviated name of the legal entity or surname, name, middle name (in the presence) the physical person - the beneficiary, its individual identification code;
6) full name, including form of business, bank of the beneficiary, its bank identification code (near the name its corporate designation can be put down);
7) purpose of payment, and also its specification symbol established by regulatory legal acts of National Bank;
8) the payment amount designated by figures and copy-book;
9) surname, name, middle name of authorized persons of the initiator of payment and/or money transfer. At the same time the surname can be specified completely, name and middle name - initials. For the documents constituted on paper, also authorized signatures of the sender of specifying and impress of a seal (if is available);
10) individual identification number (further - IIN) or business and identification number (further - BIN) - the beneficiary and the sender of money, except for payment documents according to which according to the legislation of the Republic of Kazakhstan putting down of IIN or BIN is not required. In payment documents according to which according to the legislation of the Republic of Kazakhstan putting down of IIN or BIN is not required the address of the sender of money (for physical persons and legal entities) or document number, the sender of money proving the identity is specified (for physical person).
15. No. 52 is excluded according to the Resolution of Board of National Bank of the Republic of Kazakhstan of 30.05.2011
16. When implementing payments and/or money transfers the bank has the right to require putting down in payment documents of additional details if these requirements are directly stipulated by the legislation the Republic of Kazakhstan.
17. Payment documents and orders about withdrawal of payment documents can be represented both in electronic form, and on paper. Electronic payment documents and orders about withdrawal of payment documents are created according to the established formats for transfer of electronic payment messages and go to bank on electronic communication channels and telecommunications.
18. Submission of payment documents and orders about withdrawal of the payment document or about suspension of its execution on the magnetic carrier is allowed only on condition of observance of procedure for protective actions from unauthorized payments. At the same time information on the magnetic carrier shall have the system of program and cryptographic protection accepted by bank if other is not established by regulatory legal acts of National Bank.
19. For transfer of the payment document or the order about its response or about suspension of its execution by fax the bank observes the procedure for protective actions developed by it from unauthorized payments and/or money transfers, and also other elements of the protective actions established by the Law on payments and this Instruction.
20. The payment document or the order about its response or about suspension of its execution can be constituted in the state and/or Russian languages. The possibility of use of other languages in case of their creation is established by the contract between bank and its client.
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