RESOLUTION OF BOARD OF NATIONAL BANK OF THE REPUBLIC OF KAZAKHSTAN

of January 28, 2016 No. 30

About approval of the Instruction for registration, use and execution of payment orders, payment requirements orders, collection orders

According to the Law of the Republic of Kazakhstan of March 30, 1995 "About National Bank of 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).

2. Recognize invalid regulatory legal acts of the Republic of Kazakhstan according to the list according to appendix to this resolution.

3. And managements of payment systems (Musayev R. N.) in the procedure established by the legislation of the Republic of Kazakhstan to provide to development department:

1) together with Legal support department (Sarsenov N. V.) state registration of this resolution in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of this resolution in the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan":

on official publication in information system of law"? d_lt" within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan;

for inclusion in the State register of regulatory legal acts of the Republic of Kazakhstan, Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of its obtaining by National Bank of the Republic of Kazakhstan after state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) placement of this resolution on official Internet resource of National Bank of the Republic of Kazakhstan after its official publication.

4. To department of the international relations and public relations (Kazybayev A. K.) provide the direction of this resolution on official publication in periodic printing editions within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan.

5. To impose control of execution of this resolution on the vice-chairman of National Bank of the Republic of Kazakhstan Pirmatov G. O.

6. Determine that till March 1, 2016:

1) the part six of Item 20 of the Instruction is effective in the following edition:

"Do not require submission of the notification the payment documents connected with repayment and servicing of public debt, retirement benefits, social payments, special public and public social and other social benefits in which as the beneficiary are specified Republican public institution "National Bank of the Republic of Kazakhstan" the Republican state company "State Center for Pension Payment" on the right of operational management (further - "The state center for pension payment"), "Central Securities Depository" joint-stock company, and also payment documents in which as the beneficiary the bank receiver is specified.";

2) the part eight of Item 37 of the Instruction is effective in the following edition:

"At collection orders of bodies of state revenues the state center for pension payment is specified debt collection on the compulsory pension contributions compulsory for professional contributions and social assignments in the columns "beneficiary" and "bank of the beneficiary" ".".

7. This resolution becomes effective after ten calendar days after day of its first official publication, except for Items 93, of 96, of 99, 100 and 101 Instructions which become effective since January 1, 2017. The part three of Item 95 of the Instruction is effective till January 1, 2017.

Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of January 28, 2016 No. 30

Instruction for registration, use and execution of payment orders, payment requirements orders, collection orders

1. General provisions

1. This Instruction for registration, use and execution of payment orders, payment requirements orders, collection orders (further - the Instruction) is developed according to the Code of the Republic of Kazakhstan of December 10, 2008 "About taxes and other obligatory payments in the budget" (Tax code) (further - the Tax code), the laws of the Republic of Kazakhstan of March 30, 1995 "About National Bank of the Republic of Kazakhstan", of June 29, 1998 "About payments and money transfers" (further - the Law on payments) and disaggregates procedure for registration, use and execution of payment orders, payment requirements orders, collection orders when implementing cashless payments and money transfers.

2. The 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 money transfers with use of payment card.

Norma Instruktion, regulating payment procedure and money transfers based on the payment order or the statement on money transfer, do not extend to the relations connected with the international payments and money transfers initiated outside the Republic of Kazakhstan which are regulated by the agreements and business customs applied in banking practice taking into account the requirements established by the Law of the Republic of Kazakhstan of August 28, 2009 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further - the Law on PODFT).

The instruction does not regulate implementation of the cashless payments made according to the contract between the client and the bank serving it and the organization performing separate types of banking activities (further - banks), 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 system of 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 the Instruction the concepts provided by the Law on payments and also the following concepts are used:

1) value date - the date specified by the initiator in the payment document in which money is enlisted on the bank account of the beneficiary;

2) the debit translations - the cashless payments made by way of submission to bank of payment request - the order, the collection order the beneficiary or the claimant 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 or the statement on money transfer;

4) documentary calculations - the payments made by bank in case of submission of the documents provided by the contract between the sender of money and the beneficiary 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;

5) the letter of credit - the form of documentary calculations providing the irrevocable obligation of bank assumed by it according to the statement and according to instructions of the client or at own discretion to make payment to the specified beneficiary or on its specifying, or the acceptance and payment of bills of exchange (bills of exchange) exposed by the beneficiary or negotsiation against the documents provided by the letter of credit to fixed term if all conditions of the letter of credit are complied.

Note: The letter of credit represents the transaction isolated from the purchase and sale agreement or other agreement on which it is based.

6) authorized persons - persons given authority based on constituent documents, powers of attorney or orders of heads of the corresponding legal entities, branches or representations, or other documents based on which such powers are conferred to sign on behalf of legal entities, branches or representations payment documents when making the transactions connected with maintaining the bank account of the client (the order money on the bank account) according to the document with specimen signatures and impress of a seal.

4. The bank receiver writes off money of the sender, debiting its bank account, on the accepted instructions according to the procedure, established by the Instruction.

5. Credit money transfers are made based on use of the payment order or the statement on money transfer.

Payments and money transfers in case of debit money transfers are made based on payment requests - orders and collection orders.

6. The payment procedure and money transfers from the accounts opened in the central authorized body on budget implementation is determined by the Budget code of the Republic of Kazakhstan of December 4, 2008 and the order of the Minister of Finance of the Republic of Kazakhstan of December 4, 2014 No. 540 "About approval of Rules of budget implementation and its cash servicing", registered in the Register of state registration of regulatory legal acts at No. 9934 (further - the Order No. 540).

2. Payment documents

Paragraph 1. Types and procedure for execution of payment documents

7. Types of payment documents:

1) payment order;

2) check;

3) bill of exchange;

4) payment requirement order;

5) collection order;

6) other payment documents established by the resolution of Board of National Bank of the Republic of Kazakhstan of October 13, 2000 No. 395 "About approval of the Instruction for implementation of cashless payments and money transfers without opening of the bank account", registered in the Register of state registration of regulatory legal acts of the Republic of Kazakhstan on November 26, 2000 at No. 1304 and the resolution of Board of National Bank of the Republic of Kazakhstan of November 25, 2000 No. 433 "About approval of Rules of implementation of cashless payments between the client and the bank serving it" registered in the Register of state registration of regulatory legal acts at No. 1352.

8. The payment order, the payment requirement order, the collection order and the statement on money transfer (further - the payment document), except for statements on the translation based on which payments and money transfers in foreign currency are made contain the following details:

1) name of the payment document;

2) number of the payment document, number, month, year of its statement which are specified by figures.

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