of August 31, 2016 No. 208
About approval of Rules of implementation of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan
According to subitem 52-3) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 8) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About payments and payment systems" the Board of National Bank of the Republic of Kazakhstan DECIDES:
1. Approve the enclosed Rules of implementation of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan (further - Rules).
2. Recognize invalid some resolutions of Board of National Bank of the Republic of Kazakhstan, and also structural elements of some resolutions of Board of National Bank of the Republic of Kazakhstan according to the list according to appendix to this resolution.
3. To department of payment systems (Ashykbekov E. T.) in the procedure established by the legislation of the Republic of Kazakhstan to provide:
1) together with Legal 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 of Ad_let 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 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 management on consumer protection of financial services and external communications (Terentyev A. L.) 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. This resolution becomes effective after ten calendar days after day of its first official publication, except for:
1) Item 55, Items 128, 137, 138, 139 Rules which become effective since January 1, 2017;
2) Item parts seven 15, Items 16, 35, 36, 38, 40, 42, 60 and the subitem 4) Item 80 of Rules regarding compulsory pension contributions of the employer which become effective since January 1, 2018;
3) Item parts two 72, parts two of Item 79 of Rules which become effective since June 1, 2017.
7. Part one of Item 72 and part one of Item 79 of Rules are effective till June 1, 2017.
Chairman of National Bank
D. Akishev
|
It is approved Minister of Justice of the Republic of Kazakhstan "___" ________ 2016 |
B. Imashev |
|
It is approved Minister of health and social development of the Republic of Kazakhstan "___" ________ 2016 |
T. Duysenova |
|
It is approved Minister of Finance of the Republic of Kazakhstan "___" ________ 2016 |
B. Sultanov |
Approved by the Resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 208
1. These rules of implementation of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan (further – Rules) 24 Codes of the Republic of Kazakhstan "About taxes and other obligatory payments in the budget" (Tax code) (further – the Tax code), subitem 52-3) of part two of article 15 of the Law of the Republic of Kazakhstan "About National Bank of the Republic of Kazakhstan", the subitem 8) of Item 1 of article 4 of the Law of the Republic of Kazakhstan "About payments and payment systems" are drafted according to Articles 19, (further – the Law on payments and payment systems) and determine procedure of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan by banks (including intermediary banks), the branches of nonresident banks of the Republic of Kazakhstan and the organizations performing separate types of banking activities (further – banks), forms and procedure for execution of payment documents, and also establish requirements to contents of the document confirming rendering payment service by banks, payment agents and payment subagents of banks and payment institutes.
These rules do not extend to the relations connected with the international cashless 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 "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (further – the Law on PODFT).
Action of Rules does not extend to the relations connected with payments and (or) money transfers made with use of payment card, carrying out transactions with translated and promissory notes and application of checks for the territories of the Republic of Kazakhstan.
2. The procedure of cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan, includes execution of payment documents, presentation and execution of payment documents, features of implementation of cashless payments and (or) money transfers without opening of the bank account, execution of cashless payment by direct debiting of the bank account.
3. In Rules the concepts provided in article 1 of the Law on payments and payment systems and also the following concepts are used:
1) the statement on money transfer – the payment document used by the sender of money when implementing cashless payment and (or) money transfer in the cases provided in Item 17 of Rules;
2) the debit translations – the cashless payments and (or) money transfers made by way of submission to bank of payment request, the payment order, the collection order by the beneficiary for their payment by the sender of money;
3) card-index – off-balance accounting of the unexecuted and (or) partially performed payment documents in case of absence or insufficiency of necessary amount of money on the bank account of the sender of money for their execution;
4) the credit translations – the cashless payments and (or) money transfers made by way of representation by the initiator to bank of the sender of money of the payment order, the summary payment order, the payment order, the payment notice or the statement on money transfer;
5) authorized persons – persons given authority according to requirements of the Civil code of the Republic of Kazakhstan (General part) (further – the Civil code) (constituent documents, the power of attorney, the order, other documents) to sign on behalf of legal entities, separate divisions of legal entities (branches, representations, territorially separate divisions) payment documents when making the transactions connected with maintaining the bank account of the client (the order money on the bank account).
4. The procedure of cashless payments and (or) money transfers from the accounts opened in the central authorized body on budget implementation is determined by Articles 97 - 100-1 Budget code of the Republic of Kazakhstan 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).
5. Cashless payments and (or) money transfers in the territory of the Republic of Kazakhstan are made with use of bank accounts and without opening of bank accounts in tenge or in foreign currency according to requirements of Articles 25, 45 - 57 Laws on payments and payment systems, article 7 of the Law of the Republic of Kazakhstan "About currency control and currency exchange control" (further – the Law on currency control and currency exchange control), Articles 5, of 7, 12 and 13 Laws on PODFT and Rules.
Payments and (or) money transfers when which implementing the sender of money and (or) the beneficiary do not use bank accounts and which are made by fee of cash for their transfer to advantage of the beneficiary specified by the sender of money and (or) receipt of cash by the beneficiary belong to cashless payments and (or) money transfers without opening of the bank account.
6. Cashless payments and (or) money transfers are made based on the payment documents of the sender shown electronically or on paper, and also created in system of bank with use of systems of remote access.
Forms of the payment documents constituted on paper are determined by Rules. The payment documents directed electronically contain the details established by Rules for each type and form of the payment document.
Authorized signatures on the payment documents shown by the legal entities who are not belonging to subjects of private entrepreneurship, on paper, are fastened with impress of a seal.
7. The payment order, payment request, the collection order, the payment order, the payment notice and the statement on the translation (further - the payment document) on paper and (or) electronically, except for statements on money transfer in foreign currency, 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.
In the payment documents shown on paper designation of month in cursive script is allowed;
3) the full or abbreviated name, including form of business of the legal entity, branch, representation, territorially separate division (further - separate divisions);
4) full or abbreviated name of the individual entrepreneur, form of business (in the presence) sender of money and beneficiary;
5) the full or abbreviated name of the individual entrepreneur performing activities in the form of personal entrepreneurship, surname, name, middle name (in case of its availability) the sender of money and the beneficiary;
6) surname, name, middle name (in case of its availability) physical person of the sender of money and the beneficiary;
7) individual identification code of the sender of money and beneficiary.
In case of absence at physical person of individual identification code data of the document proving his identity, and also the postal address (the country, the city, the street, house number and apartments) are specified.
Specifying of name and middle name (is allowed in case of its availability) by initials;
8) the full or abbreviated name, including form of business, bank of the sender of money and bank of the beneficiary, their bank identification codes;
9) purpose of payment, and also its specification symbol.
Correctness of specifying of specification symbol of purpose of payment in payment documents is provided with the initiator;
10) the payment amount designated by figures and copy-book. Tiyna in sum in words are specified by figures.
If the payment amount is expressed by figures in tenge, without specifying tiyn, then tiyna in sum in words are not specified;
11) individual identification number (further - IIN) or business and identification number (further - BIN) - the sender of money and the beneficiary, except for payment documents in which specifying IIN (BIN) is not required in the cases provided by Rules and also when the sender of money or the beneficiary are foreigners and stateless persons.
In payment documents in which specifying IIN (BIN) of the sender of money is not required the address of the sender of money (for physical persons and legal entities) or details of the identity document of the sender of money is specified (for physical person);
12) code of the sender of money (CODE) and code of the beneficiary (KBE);
13) signatures of the initiator or his authorized persons.
7-1. When carrying out payments and (or) money transfers according to bank accounts in the payment document on the beneficiary instead of the details provided by subitems 3), 4), 5), 6), 7), 11) and 12) of Item 7 of Rules according to requirements of functioning of payment system specifying by the initiator only of the alternative identifier is allowed.
For the purposes of this Item the alternative identifier is understood as separate details, including in the form of alphanumeric symbols which allow to identify the client and to make payment and (or) money transfer through payment system.
8. Signatures of the initiator or his authorized persons in payment documents on paper, except for payment request and the collection order, correspond to the signatures (signature) specified in the document with specimen signatures submitted in the form provided by the Rules of opening, maintaining and closing of bank accounts of clients approved by the resolution of Board of National Bank of the Republic of Kazakhstan of August 31, 2016 No. 207, registered in the Register of state registration of regulatory legal acts at No. 14422.
The payment document is electronically signed by the digital signature of the initiator or his authorized persons or makes sure other elements of protective actions, the stipulated in Article 56 Laws on payments and payment systems, confirmatory that the payment document is constituted by the initiator or his authorized person.
9. The name of the sender of money and the beneficiary, and also their individual identification codes are specified in the payment document once, except for the payment document payment of payments in the budget, and also the summary payment order.
10. Specifying in payment documents upon the demand of bank of data on the tax residence, the address of the sender of money or the document number proving the identity of the sender of money (for physical person), according to articles 5 and 7 of the Law on PODFT, and also Rules is allowed.
When carrying out payment and (or) money transfer under the currency agreement in the payment document details of the currency agreement and (or) its accounting number, and also information on currency transaction required for carrying out payment (or) money transfer according to the Rules of implementation of currency transactions in the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 40, registered in the Register of state registration of regulatory legal acts at No. 18512, are specified (further - Rules of implementation of currency transactions).
11. The payment document, the order about withdrawal of the payment document or about suspension of execution of the payment document is created and goes electronically on condition of observance of procedure for protective actions from unauthorized payments according to article 56 of the Law on payments and payment systems.
12. The payment document, the order about withdrawal of the payment document or about suspension of execution of the payment document is transferred by bank by means of fax connection with observance of procedure for protective actions from unauthorized payments and (or) money transfers, and also other elements of protective actions, to the stipulated in Clause 56 Laws on payments and payment systems and Rules.
13. The payment document is constituted in the Kazakh and (or) Russian languages.
Additional creation of payment documents in other languages in the cases established by the contract between bank and its client is allowed.
14. Specifying in payment documents of condition about their partial execution, except for collection orders of the authorized body, within the competence which is performing ensuring receipts of taxes and other obligatory payments in the budget, and also carrying out other powers, stipulated by the legislation the Republic of Kazakhstan (further - body of state revenues), legal executives and payment requests for collection of overdue debt on loan is not allowed.
15. The payment order represents specifying of the sender of money to bank about cashless payment and (or) money transfer for benefit of the beneficiary in the amount and according to the details specified in the payment order.
For implementation of cashless payment and (or) money transfer for benefit of the beneficiary in national currency of the Republic of Kazakhstan in the territory of the Republic of Kazakhstan the sender of money shows in bank the payment order in form, according to appendix 1 to Rules.
For payment of payments in the budget the sender of money shows the payment order on payment of payments in the budget for form, according to appendix 2 to Rules.
Presentation by the sender of money for payment of payments in the budget of the payment order for form, according to appendix 1 to Rules is allowed.
In the column "purpose of payment" the sender of money specifies purpose of payment, the name, number and document date (in case of its availability) based on which the cashless payment and (or) money transfer and other details provided by Rules is made and also in the column "code of purpose of payment" the specification symbol of payment is specified.
In case of payment of payments in the budget in the payment order digital designation of code of budget classification is specified. Correctness of specifying of code of budget classification in the payment order is provided with the sender.
In case of payment by the legal entity of payments in the budget, and also compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions and social contributions to the State Social Insurance Fund, contributions and (or) fees to fund of social medical insurance for the separate division in the column "purpose of payment" in the following sequence BIN and the name of separate division of the legal entity according to which obligations the payment, purpose of payment is made are specified.
In case of the tax discharge VIN, vehicle identification number, symbols "/are specified to V the vehicle (including via electronic terminals) in the column "purpose of payment" in the following sequence", purpose of payment.
In case of payment by the legal executive within enforcement proceeding of payments in the budget for obligations of the debtor in the column "purpose of payment" in the following sequence IIN of the debtor for whom the payment, its surname, name, middle name (is made in case of its availability) or surname and initials, purpose of payment are specified.
In case of payment of penalties on administrative offenses in the column "purpose of payment" in the following sequence ADM, identification number of administrative material, symbols "/are specified to A", purpose of payment.
16. When implementing cashless payments and (or) money transfers on account of compulsory pension contributions, compulsory pension contributions of the employer, compulsory professional pension contributions or social contributions to the State Social Insurance Fund, contributions and (or) fees to fund of social medical insurance the sender along with the payment order represents the list of persons for whom the specified fees and (or) assignments are paid to bank.
Lists of persons for whom payment of compulsory pension contributions is made of compulsory pension contributions of the employer, compulsory professional pension contributions or social contributions to the State Social Insurance Fund, contributions and (or) fees to fund of social medical insurance (further – the list) are drawn up according to the Rules of calculation and payment of social contributions to the State Social Insurance Fund and penalties on them approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of June 11, 2020 No. 224, registered in the Register of state registration of regulatory legal acts at No. 20849, Rules and terms of calculation, deduction (charge) and transfer of compulsory pension contributions, compulsory professional pension contributions in the single accumulation pension fund and penalties on them, the Rules of implementation of compulsory professional pension contributions approved by the order of the Government of the Republic of Kazakhstan of October 18, 2013 No. 1116, approved by the order of the Government of the Republic of Kazakhstan of March 26, 2014 No. 255, and the Rules of payment, transfer and distribution, and also return of single payment approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of January 30, 2023 No. 28, registered in the Register of state registration of regulatory legal acts at No. 31819.
17. The statement on money transfer in form, according to appendix 3 to Rules, is used when implementing the following cashless payments and (or) money transfers:
1) in national or foreign currency out of limits of the Republic of Kazakhstan;
2) in foreign currency in the territory of the Republic of Kazakhstan;
3) in national currency of the Republic of Kazakhstan in the territory of the Republic of Kazakhstan without opening of the bank account.
When implementing cashless payments and (or) money transfers for benefit of the nonresident out of limits of the Republic of Kazakhstan specifying in the statement on money transfer of IIN (BIN) of the beneficiary is not required.
Use of other application form by bank on money transfer in the presence in it obligatory details, stipulated in Item 7 Rules is allowed.
18. The payment order or the statement on money transfer is shown in bank within ten calendar days from the date of the statement specified in them. The sender of money in the presence of the bank account for implementation of cashless payment and (or) money transfer in national currency in the territory of the Republic of Kazakhstan shows in bank the payment order in form, according to appendix 1 to Rules. In coordination with the serving bank, the sender of money in the payment order or the statement on money transfer specifies value date.
19. Upon the demand of bank the sender of money submits documents and data, the stipulated in Article 23 Laws on currency control and currency exchange control, the Rules of implementation of currency transactions, Rules of implementation of export-import currency exchange control in the Republic of Kazakhstan approved by the resolution of Board of National Bank of the Republic of Kazakhstan of March 30, 2019 No. 42, registered in the Register of state registration of regulatory legal acts at No. 18539 (further - Rules of export-import currency exchange control).
20. When implementing cashless payment and (or) money transfer from one sender of money for benefit of several beneficiaries which are served in one bank, or execution of the sender of money of instructions of several senders of money by bank for benefit of one beneficiary use of the summary payment order in form, according to appendix 4 to Rules is allowed.
21. The register of senders of money or the register of beneficiaries (further - the register) in forms, according to appendix 5 to Rules is attached to the summary payment order which is drawn up on paper.
22. In the register number and date of the summary payment order to which the register, and also details of senders of money or beneficiaries, transfer amount of money by senders of money or beneficiaries and the total amount of money transfer is attached is specified.
The total amount specified in the register corresponds to the amount specified in the summary payment order. Submission to bank of the sender of money of the register electronically is allowed if it is established by bank of the sender of money.
23. The bank of the sender of money performs verification of the summary payment order with the register on compliance to requirements imposed to registration and presentation of the payment documents established by Rules and checks compliance of the total amount of money specified in the register, the amount of the summary payment order.
24. The bank of the beneficiary performs transfer of money for benefit of beneficiaries based on the details specified by the sender of money in the register.
25. The summary payment orders shown electronically are created according to the information transfer formats established between bank and its client without appendix of the register.
26. Use of the summary payment order when implementing of the sender of money of cashless payments by bank and (or) money transfers based on several instructions of senders of money for benefit of one beneficiary is allowed.
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