of April 25, 2012 No. 76
About approval of the Instruction No. 193 "About clearing settlements in the Republic of Tajikistan"
According to part 2 of article 32 of the Law of the Republic of Tajikistan "About National Bank of Tajikistan" and part 2 of article 39 of the Law of the Republic of Tajikistan "About banking activity", Board of National Bank of Tajikistan
1. Approve the Instruction No. 193 "About clearing settlements in the Republic of Tajikistan" it (is applied).
2. Provide this Resolution for state registration to the Ministry of Justice of the Republic of Tajikistan.
5. To assign execution of Items 2 and 3 of this Resolution to Department of payment systems (Mashrabov H. M.), Legal management (Davlatov Sh. F.) and Press service (Kurbonov A. M.).
6. To impose control over the implementation of this Resolution on the vice-chairman of National Bank of Tajikistan M. Holikzod.
Chairman of the board
Approved by the Resolution of Board of National Bank of Tajikistan of April 25, 2012 No. 76
The instruction No. 193 "About clearing settlements in the Republic of Tajikistan" (further - the Instruction) is developed according to article 32 of the Law of the Republic of Tajikistan "About National Bank of Tajikistan", article 45 of the Law of the Republic of Tajikistan "About Islamic banking activity and article 39 of the Law of the Republic of Tajikistan "About banking activity" for the purpose of determination of forms of clearing settlements and samples of payment documents and determines procedure of clearing settlements in national and foreign currencies in the territory of the Republic of Tajikistan.
1. In this Instruction the following concepts are used:
- the client - legal entity and physical person to which banking services according to the agreement from credit institution are rendered.
- the payer - the client charging to the serving credit institutions about transfer from its account certain amount.
- the receiver of payment - the client having the rights the amounts transferred by the payer;
- electronic means of payment - the means and (or) methods allowing the client of credit institution to constitute, certify and transfer orders for the purpose of implementation of money transfer within the applied forms of clearing settlements with use of information and communication technologies, electronic media of information, including bank payment cards and other technical devices;
- the electronic payment document - the information fixed on the machine carrier and which is electronic image of the paper payment document, having the format established by rules of payment system containing necessary information for implementation of calculations established by the legislation;
- remote banking services (electronic banking) - the services provided by credit institutions for carrying out banking activities with use of program and technical and telecommunication means which allow the client to have remote access to the bank account, receipts of information on the performed operations and balances in cash on the account;
- credit institutions - legal entities (conventional credit institutions and Islamic credit institutions) performing all or separate banking activities and/or Islamic banking activities provided by the law based on the license of National Bank of Tajikistan.
2. Clearing settlements are perfromed by credit institutions (their branches and structural divisions) and National Bank of Tajikistan through correspondent accounts of the credit institutions and customer account opened in credit institutions according to the service provision agreement by interbank calculations or agreements on the bank account.
3. Credit institutions store money of clients on their accounts, credit the amount arriving into these accounts, carry out orders of clients about their transfer and issue from accounts and about carrying out other banking activities provided by this Instruction and the agreement on the bank account.
4. Cash write-off from the account is performed according to the order of its owner within the means which are available on the account, except as specified, stipulated by the legislation and (or) the agreement on the bank account.
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