Indicating the Central Bank. Basic regulations on banking. which banking professionals often use in their speech
Dated July 10, 2002 N 86-FZ "O The central bank Russian Federation(Bank of Russia) "(Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 25, Art.2426; N 30, Art.3101; 2006, N 19, Art.2061; N 25, Art.2648; 2007, N 1, Art.9, Art.10; N 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art. 25 ; N 29, Art. 3629; N 48, Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, Art. 3873; N 43, Art. 5973; N 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; N 30, Art. 4084; N 49, Art. 6336; N 52, Art. 6975) determines the procedure for cash transactions with banknotes and coins of the Bank of Russia (hereinafter referred to as cash) on the territory of the Russian Federation by legal entities (with the exception of the Central Bank of the Russian Federation, credit institutions (hereinafter referred to as the bank), as well as a simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses.
For the purposes of this Direction, small businesses are understood as legal entities classified in accordance with the conditions established by Federal Law No. 209-FZ of July 24, 2007 "On the Development of Small and Medium-Sized Businesses in the Russian Federation" (Collected Legislation of the Russian Federation, 2007, No. 31, Art.4006; N 43, Art. 5084; 2008, N 30, Art. 3615, Art. 3616; 2009, N 31, Art. 3923; N 52, Art. 6441; 2010, N 28, Art. 3553 ; 2011, N 27, Art. 3880; N 50, Art. 7343; 2013, N 27, Art. 3436, Art. 3477; N 30, Art. 4071; N 52, Art. 6961), to small enterprises, in including microenterprises.
Recipients budget funds when conducting cash transactions, they are guided by this Directive, unless otherwise specified by a regulatory legal act governing the procedure for conducting cash transactions by recipients of budget funds.
2. To conduct operations for accepting cash, including recounting it, issuing cash (hereinafter - cash transactions), a legal entity by an administrative document establishes the maximum allowable amount of cash that can be stored in a place for conducting cash transactions determined by the head legal entity(hereinafter - cash desk), after withdrawal to cash book the amount of cash balance at the end of the working day (hereinafter - the cash balance limit).
A legal entity independently determines the limit on the balance of cash in accordance with the appendix to this Directive, based on the nature of its activities, taking into account the volume of receipts or volumes of cash withdrawals.
A paying agent carrying out activities in accordance with the Federal Law of June 3, 2009 N 103-FZ "On the activity of accepting payments from individuals carried out by payment agents" (Collected Legislation of the Russian Federation, 2009, N 23, Art. 2758; N 48, Art.5739; 2010, N 19, Art.2291; 2011, N 27, Art. 3873) (hereinafter referred to as the paying agent), a bank paying agent (subagent) operating in accordance with Federal Law of June 27, 2011 N 161 -FZ "On national payment system"(Collected Legislation of the Russian Federation, 2011, N 27, Art. 3872; 2012, N 53, Art. 7592; 2013, N 27, Art. 3477; N 30, Art. 4084) (hereinafter - the bank payment agent (subagent) , when determining the limit on the balance of cash, cash accepted in the course of the activities of a paying agent, bank payment agent (subagent) is not taken into account.
Subdivision of a legal entity, at the location of which a separate workplace(workplaces) (hereinafter - separate subdivision), who donates cash to a bank account opened for a legal entity with a bank, the cash balance limit is established in the manner prescribed by this Directive for a legal entity.
A legal entity, which includes separate subdivisions that donate cash to the cash desk of a legal entity, determines the cash balance limit, taking into account the cash balance limits set by these separate subdivisions.
A copy of the administrative document on the establishment of a cash balance limit for a separate subdivision is sent by a legal entity to a separate subdivision in the manner prescribed by the legal entity.
A legal entity keeps cash in bank accounts in excess of the cash balance limit set in accordance with paragraphs two to five of this clause, which is free cash.
Accumulation of cash by a legal entity at the cash desk in excess of the established limit on the balance of cash is allowed on the days of payments wages, scholarships, payments included in accordance with the methodology adopted for filling out federal state statistical observation forms in the payroll and payments of a social nature (hereinafter referred to as other payments), including the day of receipt of cash from the bank account for the specified payments, as well as on weekend, non-working holidays in the case of a legal entity conducting cash transactions on these days.
In other cases, the accumulation of cash by a legal entity at the cash desk in excess of the established limit on the balance of cash is not allowed.
Individual entrepreneurs, small businesses may not set a limit on the balance of cash.
3. An authorized representative of a legal entity delivers cash to a bank or to an organization that is part of the Bank of Russia system that carries out the transportation of cash, cash collection, operations for receiving, counting, sorting, forming and packing cash of bank customers (hereinafter referred to as the organization, included in the system of the Bank of Russia), for crediting their amounts to the bank account of a legal entity.
An authorized representative of a separate subdivision may, in accordance with the procedure established by a legal entity, deposit cash at the cash desk of a legal entity or a bank, or to an organization that is part of the Bank of Russia system, for crediting their amounts to the bank account of a legal entity.
4. Cash transactions are carried out at the cash desk by a cashier or other employee designated by the head of a legal entity, an individual entrepreneur or other authorized person (hereinafter referred to as the manager) from among his employees (hereinafter referred to as the cashier), with the establishment of the corresponding official rights and duties with which the cashier must be familiarized with signature. Cash transactions with individuals who are visually impaired, using facsimile reproduction of their handwritten signature, affixed using a mechanical copying device, are carried out taking into account the requirements of Article 14.1 Federal law dated November 24, 1995 N 181-ФЗ "О social protection disabled in the Russian Federation "(Collected Legislation of the Russian Federation, 1995, N 48, Art. 4563; 1999, N 2, Art. 232; N 29, Art. 3693; 2001, N 24, Art. 2410; N 33, Art. 3426; N 53; Art. 5024; 2002, N 1, Art. 2; 2003, N 2, Art. 167; N 43, Art. 4108; 2004, N 35, Art. 3607; 2005, N 1, Art. 25; 2006, N 1, Art.10; 2007, N 43, Art. 5084; N 49, Art. 6070; 2008, N 9, Art. 817; N 29, Art. 3410; N 30, Art. 3616; N 52, Art. 6224; 2009, N 18, Art. 2152; N 30, Art. 3739; 2010, N 50, Art. 6609; 2011, N 27, Art. 3880; N 30, Art. 4596; N 45 , Art. 6329; N 47, Art. 6608; N 49, Art. 7033; 2012, N 29, Art. 3990; N 30, Art. 4175; N 53, Art. 7621; 2013, N 8, Art. 717 ; N 19, Art. 2331; N 27, Art. 3460, Art. 3475, Art. 3477; N 48, Art. 6160; N 52, Art. 6986; 2014, N 26, Art. 3406; N 30, Art. . 4268) by a cashier in the presence of an employee specified in the administrative document of a legal entity, individual entrepreneur and does not carry out this cash transaction. In this case, the specified employee, prior to the cash transaction, verbally informs the visually impaired individual about the nature of the cash transaction and the amount of the transaction (amount of cash).
If a legal entity, an individual entrepreneur has several cashiers, one of them performs the functions of a senior cashier (hereinafter referred to as a senior cashier).
Cash transactions can be carried out by the manager.
A legal entity, an individual entrepreneur can conduct cash transactions using software and hardware.
Software and hardware, the design of which provides for the acceptance of Bank of Russia banknotes, must have the function of recognizing at least four machine-readable security features of Bank of Russia banknotes, the list of which is established by a Bank of Russia regulation.
Cash documents can be drawn up at the end of cash transactions on the basis of fiscal documents provided for in paragraph twenty-seven of Article 1.1 of the Federal Law of May 22, 2003 N 54-FZ "On the application cash register equipment when making cash payments and (or) payments using electronic means payment "(Collected Legislation of the Russian Federation, 2003, N 21, Art. 1957; 2009, N 23, Art. 2776; N 29, Art. 3599; 2010, N 31, Art. 4161; 2011, N 27, Art. 3873 ; 2012, N 26, Art. 3447; 2013, N 19, Art. 2316; N 27, Art. 3477; N 48, Art. 6165; 2014, N 19, Art. 2316; 2015, N 10, Art. 1421 ; 2016, N 27, Art. 4223).
A paying agent, a bank payment agent (subagent) for cash accepted in the course of the activities of a paying agent, a bank paying agent (subagent), draws up a separate credit cash order.
Individual entrepreneurs who, in accordance with the legislation of the Russian Federation on taxes and fees, keep records of income or income and expenses and (or) other objects of taxation or physical indicators characterizing a certain type of entrepreneurial activity, cash documents may not be drawn up.
(see text in previous edition)
4.2. Cash documents are drawn up:
chief accountant;
an accountant or other official (including a cashier) specified in the administrative document, or an official of a legal entity, an individual with whom contracts for the provision of services for maintaining accounting(hereinafter referred to as an accountant);
the head (in the absence of the chief accountant and accountant).
4.3. Cash documents are signed by the chief accountant or accountant (in their absence, by the head), as well as by the cashier.
In the case of conducting cash transactions and registration cash documents by the head the cash documents are signed by the head.
4.4. The cashier is supplied with a seal (stamp) containing (containing) details confirming the execution of a cash transaction (hereinafter referred to as a seal (stamp), as well as samples of signatures of persons authorized to sign cash documents when processing cash documents for hard copy.
(see text in previous edition)
In the case of conducting cash transactions and processing cash documents by the head, samples of signatures of persons authorized to sign cash documents are not drawn up.
4.5. If there is a senior cashier, cash transfer operations between the senior cashier and cashiers during the working day are reflected by the senior cashier in the book of records received and issued by the cashier Money indicating the amount of transferred cash. Entries in the accounting book of funds received and issued by the cashier are made at the time of transfer of cash and are confirmed by the signatures of the senior cashier, cashier.
4.6. Cash received at the cash desk, with the exception of cash accepted in the course of the activities of a paying agent, bank payment agent (subagent), and cash issued from the cash desk, shall be recorded by a legal entity in the cash book.
A paying agent, a bank paying agent (subagent) keeps a separate cash book for accounting for cash received in the course of the activities of a paying agent, a bank paying agent (subagent).
Entries in the cash book are made for each incoming cash order, cash outflow order, drawn up accordingly for received, issued cash (full posting to the cash desk of cash).
(see text in previous edition)
At the end of the working day, the cashier verifies the actual amount of cash in the cash register with the data of the cash documents, the amount of the cash balance reflected in the cash book, and certifies the entries in the cash book with a signature.
(see text in previous edition)
The entries in the cash book are checked against the data of the cash documents by the chief accountant or accountant (in their absence, by the head) and signed by the person who performed the said reconciliation.
If no cash transactions were carried out during the working day, entries in the cash book are not made.
Separate subdivisions transfer to the legal entity a copy of the cash book sheet in the manner established by the legal entity, taking into account the time period for the legal entity to draw up accounting (financial) statements.
Control over the maintenance of the cash book is carried out Chief Accountant(in his absence - the head).
If individual entrepreneurs, in accordance with the legislation of the Russian Federation on taxes and fees, keep records of income or income and expenses and (or) other objects of taxation or physical indicators characterizing a certain type of entrepreneurial activity, they may not keep a cash book.
4.7. The documents provided for by this Direction can be drawn up on paper or in in electronic format.
Paper documents are drawn up by hand or using technical means designed for information processing, including Personal Computer and software (hereinafter referred to as technical means), and are signed with handwritten signatures. In documents drawn up on paper, with the exception of cash documents, it is allowed to make corrections containing the date of the correction, surnames and initials, as well as the signatures of the persons who issued the documents to which the corrections were made.
Documents in electronic form are drawn up using technical means, taking into account their protection from unauthorized access, distortion and loss of information. Documents executed in electronic form are signed with electronic signatures in accordance with the requirements of the Federal Law of April 6, 2011 N 63-FZ "On Electronic Signatures" (Collected Legislation of the Russian Federation, 2011, N 15, Art. 2036; N 27, Art. 3880; 2012, N 29, Art. 3988; 2013, N 14, Art. 1668; N 27, Art. 3463, Art. 3477; 2014, N 11, Art. 1098; N 26, Art. 3390; 2016, N 1, art. 65; N 26, art. 3889) (hereinafter - the electronic signature). It is not allowed to make corrections to documents drawn up in electronic form after the signing of these documents.
(see text in previous edition)
The storage of documents issued on paper or in electronic form is organized by the head.
5. Acceptance of cash by a legal entity, individual entrepreneur, including from the person with whom it is concluded labor contract or an agreement of a civil law nature (hereinafter referred to as an employee), is carried out according to cash receipts.
5.1. Upon receipt of an incoming cash order, the cashier checks the presence of the signature of the chief accountant or accountant (if they are absent, the presence of the manager's signature) and when drawing up an incoming cash order on paper - its compliance with the sample, except for the case provided for in this Directive, checks the compliance of the amount of cash , in numbers, the amount of cash in words, the availability of supporting documents listed in the receipt cash voucher.
(see text in previous edition)
The cashier accepts cash on a sheet-by-sheet basis, by piece count.
Cash is accepted by the cashier so that the cash depositor can observe the cashier's actions.
After accepting cash, the cashier verifies the amount indicated in the receipt cash voucher with the amount actually received cash.
If the deposited amount of cash corresponds to the amount specified in the incoming cash order, the cashier signs the incoming cash order, puts on the receipts to the incoming cash order issued to the cash depositor, an imprint of the seal (stamp) and gives him the specified receipt to the incoming cash order. When registering an incoming cash order in electronic form, a receipt for an incoming cash order can be sent to the depositor of cash at his request to the e-mail address provided by him.
(see text in previous edition)
If the deposited amount of cash does not correspond to the amount indicated in the receipt cash order, the cashier invites the depositor to bring in the missing amount of cash or returns the excessive amount of cash. If the depositor refuses to add the missing amount of cash, the cashier returns the deposited amount of cash. The cashier crosses out the incoming cash order (in the case of registration of the incoming cash order 0310001 in electronic form - puts a mark on the need to reissue the incoming cash order 0310001) and transfers (sends) to the chief accountant or accountant (if they are absent, to the manager) to reissue the incoming cash order 0310001 to the actual deposited amount of cash.
(see text in previous edition)
(see text in previous edition)
5.3. Acceptance of cash at the cash desk of a legal entity, handed over by a separate subdivision, is carried out in the manner prescribed by the legal entity, according to an incoming cash order.
6.1. Upon receipt of an expense cash order (settlement and payroll, payroll), the cashier checks for the signature of the chief accountant or accountant (if they are absent, the signature of the head) and when these documents are drawn up on paper - its compliance with the sample, except for the case provided for in paragraph two of subparagraph 4.4 of paragraph 4 of this Directive, compliance amounts of cash in figures, amounts in words. When dispensing cash on an outgoing cash order, the cashier also checks the availability of supporting documents listed in the outgoing cash order.
(see text in previous edition)
The cashier issues cash after identifying the recipient of cash according to the passport or other identity document presented by him in accordance with the requirements of the legislation of the Russian Federation (hereinafter - the identity document), or according to the power of attorney and identity document presented by the recipient of cash. Cash is dispensed by the cashier directly to the recipient of cash indicated in the cash outflow order (payroll, payroll) or in a power of attorney.
When dispensing cash by power of attorney, the cashier checks the correspondence of the last name, first name, patronymic (if any) of the recipient of cash indicated in the cash invoice, the last name, first name, patronymic (if any) of the principal indicated in the power of attorney; the compliance of the surname, name, patronymic (if any) of the authorized person, the data of the identity document with the data of the identity document presented by the authorized person, specified in the power of attorney and the cash receipt order. In the payroll (payroll), before the signature of the person entrusted with the receipt of cash, the cashier makes an entry "by proxy". The power of attorney is attached to the cash outflow order (payroll, payroll).
In the case of issuing cash under a power of attorney issued for several payments or to receive cash from different legal entities, individual entrepreneurs, copies of it are made, which are certified in the manner prescribed by the legal entity, an individual entrepreneur. A certified copy of the power of attorney is attached to the cash invoice
All individual entrepreneurs and legal entities in the course of their business are faced with the need for cash settlements. Such calculations must be carried out in a certain order established by the Bank of Russia Ordinance No. 3210 of 03/11/2014.
Violation of this order can provoke extraordinary checks by the controlling structures and the imposition of fines.
The Central Bank of the Russian Federation Ordinance No. 3210 applies to:
- for individual entrepreneurs and small businesses;
- non-small organizations;
- companies with separate subdivisions;
- persons using cash registers or strict reporting forms;
- employers issuing funds on account.
All listed persons and organizations, when conducting cash transactions, should be guided by the document in question.
According to the current legislation, cash transactions are not included in the number of transactions economic type, according to which organizations can independently approve the forms of primary documents.
Uniform forms that must be used by all individual entrepreneurs and legal entities are approved by the Directive of the Central Bank of the Russian Federation No. 3210. Some forms are allowed to be used electronically, subject to availability EDS signatures... When and in what cases this can be done - we will consider further.
The procedure for calculating the limit of cash at the cash desk
Bank of Russia Ordinance No. 3210 states that legal entities must set the maximum allowable amount of cash that can remain in the cash desk at the end of each business day. Cash that exceeds the approved limit must be deposited with a banking organization.
In the current version of the document, the obligation to set the limit applies only to legal entities. Individual entrepreneurs and small businesses are exempted from this.
The cash limit can be calculated:
- based on the amount of cash receipts for sold goods services or works rendered (for new organizations - based on the expected receipts);
- based on the volume of cash issued (for new organizations - based on their expected volume), excluding amounts intended for the payment of salaries and scholarships.
Until June 2017, when changes were made to Ordinance No. 3210, business entities could not choose the preferred method for calculating the cash limit - they always used only the first option by default. The second method could be used only in the absence of cash receipts at the cash desk.
Maintaining cash documents for individual entrepreneurs
If earlier, until 2017, individual entrepreneurs, along with legal entities, were required to draw up cash receipts and expenditures and keep cash books, today the situation has changed.
Individual entrepreneurs working in accordance with the Russian tax legislation, according to clauses 4.1 and 4.6 of the considered Directives of the Central Bank of the Russian Federation, today they may not issue: cash documentation and cash book. In particular, this applies to entrepreneurs who are payers of UTII, ESKHE and businessmen using a patent or simplified taxation system.
Entrepreneurs in the general regime keep records of income and expenses in the corresponding book, which means that the changes in 2017 apply to them.
Features of maintaining a cash book
Legal entities that are not exempt from maintaining a cash book and cash documents must comply with certain rules.
The rules are:
- cash book and other documents can be drawn up in paper form and filled in by hand;
- the cash book and documentation can be filled in on a computer, and then printed out in paper form;
- the cash book and documents can be filled in and transferred to the controlling structures in electronic form, provided that the information is protected from distortion and unauthorized access is prevented.
The first two methods of maintaining documentation require the signature of the responsible person, the third method allows the use of an EDS.
The responsible specialist must make sure that all documents contain the signatures of the manager (chief accountant or director). Not only the cashier, but also any other person endowed with the appropriate powers can be responsible for maintaining the cash book and other cash documents.
Some questions of handling cash
Clause 6.3 of the Instructions of the Central Bank of the Russian Federation No. 3210 says that for the issuance of cash that is required to meet the needs of a legal entity, an expense cash order must be issued in accordance with a written statement of the accountable person and in accordance with the administrative document of the head.
The application or document must contain information about the amount of cash and the period for which it is issued.
Also, the document must indicate the date of its preparation and the signature of the person in charge.
Cash in excess of the established limit can be surrendered:
- directly to the bank;
- to an organization that is part of the system of the Central Bank of the Russian Federation and is engaged in the transportation, collection and acceptance of cash from customers.
Previously, there was also the possibility of crediting money to the account using the organization of the federal postal service.
Responsibility for Violation of the Procedure for Conducting Cash Operations
The handling of cash is quite a serious issue. Violation of the procedure for working with cash and the rules for conducting cash transactions is considered a violation of the law, for which administrative responsibility is provided.
The amount of responsibility is defined in article 15.1 of the Code of Administrative Offenses of the Russian Federation:
- the amount of the fine for officials of organizations can range from four to five thousand rubles;
- the amount of the fine for legal entities can range from 40 to 50 thousand rubles.
Significant violations, for which fines are imposed, are considered:
- cash settlements with other organizations in excess of the approved limits;
- incomplete transfer of cash to the cashier;
- violation of the order of storage of free financial resources;
- storage at the cash desk of cash in excess of the approved limits.
Thus, in order to pay fines, entrepreneurs and legal entities must monitor changes in legislation and strictly observe the rules approved by the Central Bank of the Russian Federation.
From 01.06.2014, the Bank of Russia Ordinance of 11.03.2014 N 3210-U "On the procedure for conducting cash transactions by legal entities and a simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses" (hereinafter referred to as the Procedure), with the exception of certain provisions in effect at other times. Let's consider the main innovations.
First, we note that in accordance with clause 8.2 of the Procedure, from the date of entry into force of these Instructions, the Regulation of the Bank of Russia dated 12.10.2011 N 373-P "On the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia in the territory of the Russian Federation" is invalidated.
Note that, in accordance with clause 1 of the Procedure, recipients of budget funds when conducting cash transactions must be guided by these Instructions, unless otherwise specified by a regulatory legal act regulating the procedure for conducting cash transactions by recipients of budget funds.
Cash balance limit
As before, the legal entity independently determines the cash balance limit. This limit is established in accordance with the Appendix to this Directive based on the nature of the institution's activities, taking into account the volume of receipts or volumes of cash withdrawals. The procedure for calculating the cash balance limit remains the same.
As for the establishment of a limit on the balance of funds for separate subdivisions, then if:
- a separate subdivision has a bank account, the cash balance limit is determined in the manner prescribed by this Directive for a legal entity;
- a separate subdivision hands over cash to the cash desk of a legal entity, the limit of the cash balance of a legal entity is determined taking into account the limits of the cash balance provided for by these separate subdivisions.
Note that the accumulation of cash by a legal entity in excess of the established limit of the balance of cash is allowed on the days of payment of wages, scholarships, payments included in accordance with the methodology adopted for filling out forms of federal state statistical observation into the payroll, and social payments. nature, including the day of receipt of cash from the bank account for the specified payments, as well as on weekends, non-working holidays in the case of a legal entity conducting cash transactions on these days.
In other cases, the accumulation of cash by a legal entity at the cash desk in excess of the established limit on the balance of cash is not allowed.
For your information. According to Part 1 of Art. 15.1 of the Administrative Code of the Russian Federation for violation of the procedure for working with cash and the procedure for conducting cash transactions, expressed, in particular, in the accumulation of cash at the cash desk in excess of the established limits, is threatened with imposition administrative fine for officials in the amount of 4,000 to 5,000 rubles; for legal entities - from 40,000 to 50,000 rubles.
Cash transactions
According to clause 4 of the Procedure, cash transactions are carried out at the cash desk by a cashier or other employee determined by the head of a legal entity or another authorized person from among his employees (hereinafter referred to as the cashier), with the establishment of the corresponding official rights and duties, which the cashier must familiarize himself with on receipt. If a legal entity has several cashiers, one of them performs the functions of a senior cashier (hereinafter referred to as a senior cashier). In addition, cash transactions can be carried out by the manager.
A legal entity can conduct cash transactions using software and hardware.
Note! From 01.01.2015 para. 5 clause 4 of the Procedure, which establishes the requirements for software and hardware. These requirements are that the design of the software and hardware, which provides for the acceptance of Bank of Russia banknotes, must have the function of recognizing at least four machine-readable security features of Bank of Russia banknotes, the list of which is determined by the Bank of Russia regulation.
Cash transactions are drawn up by receipt (f. 03010001) and expense (f. 0310002) cash orders, and are also reflected in the cash book (f. 0301004).
For your information. The forms of these documents are established by the Decree of the Goskomstat of Russia of 18.08.1998 N 88 "On approval unified forms primary accounting documentation for the accounting of cash transactions, for the accounting of inventory results ".
Who should draw up cash documents? According to clause 4.2 of the Procedure, cash documents are drawn up:
- chief accountant;
- an accountant or other official (including a cashier) specified in the administrative document, or an official of a legal entity, an individual with whom contracts for the provision of accounting services have been concluded;
- the head (in the absence of the chief accountant and accountant).
Who must sign cash documents? Cash documents are signed by the chief accountant or accountant (in their absence, by the head), as well as by the cashier. In the case of conducting cash transactions and drawing up cash documents by the head, cash documents are signed by the head (clause 4.3 of the Procedure).
Escrow
According to clause 6.5 of the Procedure, the amount of cash intended for the payment of wages, scholarships and other payments is established according to the payroll (f. 0301009) (payroll (f. 0301011)). The term for issuing cash for these payments is determined by the head and is indicated in the payroll (f. 0301009) (payroll (f. 0301011)). The duration of the period for issuing cash for salary payments, scholarships and other payments may not exceed five working days (including the day of receipt of cash from the bank account for the indicated payments).
On the last day of issuance of cash intended for payment of wages, scholarships and other payments, the cashier in the payroll (f. 0301009) (payroll (f. 0301011)) affixes a seal (stamp) or makes the entry "Deposited" opposite the surnames and initials of employees who have not been issued cash, calculates and writes in the final line the amount of actually issued cash and the amount to be deposited, compares the indicated amounts with the total amount in the payroll (f. 0301009) (payroll ( f. 0301011)), puts his signature on the payroll (f. 0301009) (payroll (f. 0301011)) and submits it for signing to the chief accountant or accountant (in their absence, to the head).
For the actually issued amounts of cash according to the payroll (f. 0301009) (payroll (f. 0301011)), a cash outflow order (f. 0310002) is drawn up.
Note! The obligation to draw up a register of deposited amounts has been excluded from the new Procedure.
Nuances associated with the execution of cash documents
In accordance with clause 4.7 of the Procedure, the documents provided for by this Procedure can be drawn up on paper or in electronic form. The storage of documents issued on paper or in electronic form is organized by the head.
Paper documents. They can be drawn up by hand or using technical means intended for information processing, including a personal computer and software, and signed with handwritten signatures.
Note! In documents drawn up on paper, with the exception of cash documents, it is allowed to make corrections containing the date of the correction, surnames and initials, as well as the signatures of the persons who issued the documents to which the corrections were made.
Electronic documents. They are drawn up with the use of technical means, taking into account their protection from unauthorized access, distortion and loss of information. Documents executed in electronic form are signed with electronic signatures in accordance with the requirements of the Federal Law of 06.04.2011 N 63-FZ "On Electronic Signatures".
Note! It is not allowed to make corrections to documents drawn up in electronic form after the signing of these documents.
In conclusion, we note that measures to ensure the safety of cash during cash transactions, storage, transportation, the procedure and timing of checks of the actual availability of cash are determined by the legal entity independently.
which banking professionals often use in their speech
date of publication: 04/26/2013
update date: 10.04.2019
Bankers know very well regulations that regulate their activities. These documents are re-read in the bank many times, depending on the complexity of the operations being carried out and the appearance of new ones. Moreover, in Russia laws, instructions and regulations are constantly undergoing changes, often very significant, and you have to re-read the documents. And the numbers of these documents are quickly remembered. Behind these numbers is a whole era of development of banking in Russia and a huge amount of knowledge that regulates the entire spectrum banking operations.
In this regard, in order to reduce in his speech the mention of any normative act bank employees name only the document number, without using either its name or anything about it... It is absolutely clear to dedicated specialists about what it is, and what it is, and why it was mentioned.
To introduce the uninitiated into banking, ProfBanking publishes a list of the main documents regulating banking activities and gives a brief annotation to each regulatory act.
If you want to see all documents on banking and their texts, go to the banking library.
The main regulations governing banking:
395-1 - the main federal law on banks and banking activities, gives the concepts of "credit organization", "bank", "non-bank credit organization", "banking group", "bank holding", "banking operations", "deposit", "depositor", sets the value of the minimum authorized capital jar, qualification requirements to the heads of the bank, contains rules on the registration of credit institutions and their licensing, as well as grounds for revoking a license from a bank, especially the reorganization and liquidation of banks. This law, of course, should be known to every bank employee.
Federal Law No. 395-1 of 02.12.1990 "On Banks and Banking Activities"
86-FZ- the law on the Central Bank of the Russian Federation, establishes the functions of the Central Bank of the Russian Federation, describes the governing bodies of the Bank of Russia, the reporting requirements of the Bank of Russia, determines monetary unit Russia, the main instruments and methods of monetary policy, the rights of the Central Bank of the Russian Federation to carry out certain operations, and also concerns the norms of banking regulation and banking supervision. Every bank employee should know this law.
Official details of the regulation:
Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)"
579-P- Chart of accounts for accounting in the bank and the rules for reflecting transactions in the bank's accounting (until April 03, 2017, Regulation No. 385-P was applied, but it was canceled).
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 579-P dated 02.27.2017 “On Chart of accounts of accounting for credit institutions and the procedure for its application »
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153-I – the most important document on the rules for opening and closing all types of bank accounts opened for individuals, legal entities, entrepreneurs: current, settlement, correspondent and other accounts. The instruction also applies to accounts for accounting of deposits (deposits) and deposit accounts of ships, service units bailiffs, law enforcement and notaries. The instruction contains a list of documents required for opening each account, requirements for conducting a client's legal case, drawing up a card with sample signatures and a seal imprint.
Official details of the regulation:
Instruction of the Central Bank of the Russian Federation No. 153-I of May 30, 2014 "On opening and closing bank accounts, deposit accounts, deposit accounts"
161-FZ- the law on the national payment system. This law - new round in the development of the settlement system in the Russian Federation. It establishes the legal and organizational foundations of the national payment system, regulates the procedure for the provision of payment services, including the implementation of the transfer of funds, the use of electronic means of payment, the activities of the subjects of the national payment system, and also determines the requirements for the organization and operation of payment systems, the procedure for exercising supervision and supervision in the national payment system.
Official details of the regulation:
Federal Law No. 161-FZ of June 27, 2011 "On the National Payment System"
383-P- Regulation of the Central Bank of the Russian Federation, establishing the rules for the transfer of funds by credit institutions in Russian rubles through bank accounts and without opening bank accounts. Regulation No. 383-P was developed on the basis of Law 161-FZ "On the National Payment System" and establishes the following forms cashless payments: settlements by payment orders; by letter of credit; collection orders; by checks; direct debit; in the form of an electronic money transfer.
Money transfers can be executed by orders in the form of: payment order, collection order, payment request, payment order. The forms of these documents are given in the annexes to Regulation 383-P.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 383-P dated June 19, 2012 "On the rules for transferring funds"
180-I- one of the most important Instructions of the Central Bank of the Russian Federation, establishing the methodology for calculating the mandatory ratios of banks. The instruction sets 12 mandatory standards, each of which must be observed by the bank on a daily basis (until July 28, 2017, Instruction No. 139-I was applied, but it was canceled).
Official details of the regulation:
Instruction of the Central Bank of the Russian Federation No. 180-I of June 28, 2017 "On mandatory bank ratios"
595-P- Regulation that regulates the rules for participants in the payment system of the Bank of Russia (PS BR). In addition, Regulation 595-P introduced a new structure of the BIK and the procedure for its assignment, but for existing banks the BIK remains the same.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 595-P dated 06.07.2017 "On the payment system of the Bank of Russia"
507-P- regulations on the FOR (FOR - required reserves fund): how to calculate the amount of required reserves, the procedure for regulating the FOR, the procedure for compiling and submitting to the Bank of Russia the calculation of the required reserves.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 507-P dated 01.12.2015 "On the obligatory reserves of credit institutions"
590-P- one of the most important and complex regulations of the Bank of Russia; establishes the procedure for classifying loans by quality categories, taking into account financial situation the borrower and the quality of his debt service, determines the boundaries of the size of the estimated reserve as a percentage of the principal amount, the features of the formation of the reserve for loans on portfolios of homogeneous loans, the procedure for writing off bad debts by the bank on loans. Required document for working with loans, discounted bills, securities for transactions with deferred payment or delivery, factoring requirements (until July 14, 2017, Regulation No. 254-P was applied, but it was canceled)
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 590-P of June 28, 2017 "Regulation on the procedure for the formation by credit institutions of reserves for possible losses on loans, on loan and equivalent debts"
611-P- a document on the classification of other (not related to loans under 590-P) elements of the calculation base in order to form a reserve for possible losses.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 611-P dated October 23, 2017 "On the procedure for the formation by credit institutions of reserves for possible losses"
4927-U- did you know that each commercial Bank provides the Bank of Russia with several dozen different reports on its activities on a quarterly, monthly, ten-day, daily basis? This document establishes reporting forms for credit institutions. A very voluminous regulation. Contains not only the forms of reports, but also the procedure for the preparation and presentation of each report.
Official details of the regulation:
Bank of Russia Ordinance No. 4927-U of 08.10.2018 "On the List, Forms and Procedure for Compiling and Submitting Reporting Forms for Credit Institutions to the Central Bank of the Russian Federation"
646-P- establishes a methodology for determining the amount of a bank's capital, taking into account international approaches to increasing the stability of the banking sector (Basel III). The magnitude own funds(capital), determined in accordance with Regulation 646-P, is used to determine the values of mandatory ratios, as well as in other cases when the equity indicator is used to determine the value of prudential standards of activity credit institution.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 646-P of 04.07.2018 "On the Methodology for Determining Equity (Capital) of Credit Institutions (" BASEL III ")"
178-I- sets the size (limits) of open foreign exchange positions, the methodology for calculating them, and the specifics of supervising their observance.
Official details of the regulation:
Bank of Russia Instruction No. 178-I of December 28, 2016 "On setting the size (limits) of open foreign exchange positions, the methodology for calculating them and the specifics of supervising their compliance by credit institutions"
148-I- a regulatory act concerning issues of issuing shares and bonds commercial banks preparation of the prospectus valuable papers, registration of the issue of securities by banks.
Official details of the regulation:
Instruction of the Central Bank of the Russian Federation No. 148-I of December 27, 2013 "On the procedure for issuing securities of credit institutions on the territory of the Russian Federation"
135-I- a large and complex regulatory act concerning issues state registration banks and issuing licenses to them. This document is well known to the bank's legal service and the bank's management. Describes all types banking licenses, General requirements to the founders of the bank, to the list of documents submitted to the Central Bank of the Russian Federation for obtaining licenses, to the opening and closing of branches by banks, to the reorganization of the bank.
Official details of the regulation:
Instruction of the Central Bank of the Russian Federation No. 135-I of 02.04.2010 "On the procedure for the Bank of Russia to make a decision on the state registration of credit institutions and the issuance of licenses for banking operations"
242-P- a document on internal control in the bank, for which a system is needed internal control at the bank, how to organize it.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 242-P dated 16.12.2003 "Regulation on the organization of internal control in credit institutions and banking groups"
115-FZ- federal law aimed at creating a mechanism for combating money laundering and terrorism financing. To the unusual functions that banks have, this law added one more - the function of mandatory control over suspicious transactions with the obligation to submit information about them to Rosfinmonitoring. Since the adoption of the law in 2001, a lot has changed in the work of banks: full-fledged internal services dealing only with issues of countering legalization, voluminous internal documents of the bank on countering legalization have been written, questionnaires for clients and beneficiaries have been developed, special software systems and communication channels have been introduced.
Official details of the regulation:
Federal Law No. 115-FZ of 08/07/2001 "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism"
499-P- this is the procedure for identifying customers in order to comply with the provisions of Law 115-FZ.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 499-P 10/15/2015 "On the identification by credit institutions of customers, customer representatives, beneficiaries and beneficial owners in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism"
39-FZ- the main normative act on the securities market and the activities of professional participants in the securities market; The law establishes the concepts of “equity security”, “share”, “bond”, “issuer's option”, “issuer”, “registered equity securities”, “documentary form”, “non-documentary form”, “state registration number of the issue”, "Public offering of securities", "listing of securities", "brokerage activities", "dealer activities", "securities management activities", "depository activities" and others.
Official details of the regulation:
Federal Law No. 39-ФЗ dated 04.22.1996 "On the Securities Market"
Geneva Convention or (Bill of Exchange)- an international normative act, concluded in Geneva in 1930, which entered into force for the USSR in 1937 and extends to Russia by succession. Refers to special bill of exchange legislation and establishes uniform norms and requirements for the registration of bills and circulation of bills for states that have acceded to the Convention. Despite the fact that promissory notes in Russia are regulated not so much by the Geneva Conventions as by the Decree of the Central The Executive Committee and the Council of People's Commissars of the USSR dated August 7, 1937 No. 104/1341 "On the introduction of the provision on the transfer and promissory note", Practically repeating the norms of the Geneva Convention, to work with promissory notes, you must know both documents very well.
Official details of the regulation:
645-P- rules for the issue and registration by banks of deposit and savings certificates, also includes a requirement for mandatory registration of the conditions for issuing savings and deposit certificates of credit institutions with the Bank of Russia.
Official details of the regulation:
Bank of Russia Regulation No. 645-P dated 03.07.2018 "On Savings and Deposit Certificates of Credit Institutions"
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173-FZ- the law on monetary policy Russia, introduces the concepts of "domestic securities", "external securities", "residents", "non-residents", " currency operations"And enshrines the basic principle of foreign exchange legislation:" everything is prohibited, except for what is expressly permitted. " This is a very important law for banks, since banks are entrusted with the function of agents of foreign exchange control.
Official details of the regulation:
Federal Law No. 173-FZ of December 10, 2003 "On Currency Regulation and Currency Control"
177-FZ- the law on insurance of deposits in banks, defines the basic principles of insurance of deposits, participants in the insurance system, which deposits are insured, an insured event, the amount of compensation for deposits in a bank, the competence of the Deposit Insurance Agency, requirements for banks participating in the deposit insurance system, the procedure for calculating and payment by banks of insurance premiums to the Agency's account with the Bank of Russia.
Official details of the regulation:
Federal Law No. 177-FZ of December 23, 2003 "On Insurance of Deposits in Banks of the Russian Federation"
630-P- determines the procedure for conducting cash transactions by banks with cash rubles in the implementation of banking operations and other transactions, the procedure for dealing with questionable solvency banknotes Bank of Russia, insolvent, banknotes of the Bank of Russia, the presence of signs of counterfeiting which does not raise doubts among the cashier of a credit institution, and also establishes the rules for storing, transporting and collecting cash in credit institutions on the territory of the Russian Federation.
Official details of the regulation:
Bank of Russia Regulation No. 630-P dated January 29, 2018 "On the procedure for conducting cash transactions and the rules for storing, transporting and collecting banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation"
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2054-U- establishes the procedure for conducting cash transactions in authorized banks with banknotes of foreign states.
Official details of the regulation:
Ordinance of the Central Bank of the Russian Federation No. 2054-U dated August 14, 2008 "On the procedure for conducting cash transactions with foreign currency in cash in authorized banks on the territory of the Russian Federation"
266-P- establishes the procedure for issuance on the territory of the Russian Federation bank cards credit institutions and the specifics of carrying out transactions with payment cards, the issuer of which may be a credit institution, foreign bank or a foreign organization.
Official details of the regulation:
Regulation of the Central Bank of the Russian Federation No. 266-P of 12.24.2004 "On the issue of payment cards and on transactions performed with their use"
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A REAL PEARL IN THE SEA OF BANKING COURSES
Information included in the application of an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, a legal entity, a foreign structure without the formation of a legal entity, and the documents attached to it
CENTRAL BANK OF THE RUSSIAN FEDERATION
NOTE
dated 03/30/18 N 4760-U
ABOUT REQUIREMENTS
TO THE APPLICATION, THE STRUCTURE OF THE INTERDEPARTMENTAL COMMISSION, THE PROCEDURE
COMMISSION STATEMENT
AND DOCUMENTS AND (OR) INFORMATION SUBMITTED BY THE APPLICANT,
PROCEDURE FOR MAKING A DECISION ON THE RESULTS OF SUCH CONSIDERATION
BY THE COMMISSION ON THE ACCEPTED
DECISIONS TO THE APPLICANT AND THE FINANCIAL ORGANIZATION
Based on clauses 13.5 and 13.6 of Article 7 of the Federal Law of August 7, 2001 N 115-FZ "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism" (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3418 ; 2002, N 30, Art. 3029; N 44, Art. 4296; 2004, N 31, Art. 3224; 2005, N 47, Art. 4828; 2006, N 31, Art. 3446, Art. 3452; 2007, 16, Art. 1831; N 31, Art. 3993, Art. 4011; N 49, Art. 6036; 2009, N 23, Art. 2776; N 29, Art. 3600; 2010, N 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19 , Art.2329; N 26, Art. 3207; N 44, Art. 5641; N 52, Art. 6968; 2014, N 19, Art. 2311, Art. 2315, Art. 2335; N 23, Art. 2934; No. 30, Art. 4214, Art. 4219; 2015, No. 1, Art. 14, Art. 37, Art. 58; No. 18, Art. 2614; No. 24, Art. 3367; No. 27, Art. 3945, Art. 3950, art.4001; 2016, no.1, art.11, art.23, art.27, art.43, art.44; no.26, art.3860, art.3884; no.27, art.4196, art. 4221; N 28, art. 4558; 201 7, No. 1, Art. 12, art. 46; 31, Art. 4816, art. 4830; 2018, N 1, Art. 54) (hereinafter - Federal Law N 115-FZ) and part one of Article 7 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, N 28, Art.2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 25, Art. 2426; N 30, Art. 3101; 2006, N 19, Art.2061; N 25, Art.2648; 2007, N 1, Art.9, Art.10; N 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, Art. 3629; N 48, Art. 5731; 2010 , N 45, Art. 5756; 2011, N 7, Art. 907; N 27, Art. 3873; N 43, Art. 5973; N 48, Art. 6728; 2012, N 50, Art. 6954; N 53, Art.7591, Art.7607; 2013, N 11, Art.1076; N 14, Art 1649; N 19, Art 2329; N 27, Art 3438, Art 3476, Art 3477; N 30, Art 4084; N 49, Art.6336; N 51, Art 6695, Art 6699; N 52, Art 6975; 2014, N 19, Art 2311, Art 2317; N 27, Art 3634; N 30 , Art.4219; N 40, Art.5318; N 45, Art.6154; N 52, Art.7543; 2015, N 1, Art. 4, art. 37; No. 27, Art. 3958, art. 4001; 29, Art. 4348, art. 4357; N 41, Art. 5639; 48, Art. 6699; 2016, N 1, Art. 23, Art. 46, art. 50; No. 26, Art. 3891; No. 27, Art. 4225, art. 4273, art. 4295; 2017, N 1, Art. 46; N 14, Art. 1997; 18, Art. 2661, art. 2669; No. 27, Art. 3950; N 30, Art. 4456; 31, Art. 4830; N 50, Art. 7562; 2018, N 1, Art. 66; N 9, Art. 1286; 11, Art. 1584, art. 1588) The Bank of Russia establishes:
requirements for an application sent to the interdepartmental commission created at the Bank of Russia (hereinafter referred to as the interdepartmental commission);
the composition of the interdepartmental commission;
the procedure and terms for consideration by the interdepartmental commission of the application and documents and (or) information submitted by the client financial institution(hereinafter referred to as the applicant) in the manner prescribed by clause 13.5 of Article 7 of Federal Law N 115-FZ;
the procedure for making a decision by the interdepartmental commission based on the results of consideration of the application and documents and (or) information submitted by the applicant;
the procedure for reporting by the interdepartmental commission about the decision the applicant and the financial institution.
Chapter 1. Requirements for the application sent to the interdepartmental commission
1.1. The applicant, after receiving from a credit institution, a professional participant in the securities market, an insurance company (with the exception of an insurance medical organization carrying out activities exclusively in the field of compulsory health insurance), insurance broker, management company investment funds, mutual investment funds and non-state pension funds, a credit consumer cooperative, including an agricultural credit consumer cooperative, a microfinance organization, a mutual insurance society, a non-state pension fund, a pawnshop (hereinafter referred to as a financial organization) messages on the impossibility of eliminating the grounds, in accordance with which a decision was previously made to refuse to conduct an operation or to refuse to conclude a bank account (deposit) agreement (hereinafter referred to as a decision to refuse), may be sent to the interdepartmental commission a statement on appeal against this decision of a financial organization (hereinafter referred to as a statement).
The application must be addressed to the interdepartmental commission and contain information in accordance with Appendix 1 or Appendix 2 to this Direction. The application may also contain other information that is important for the applicant when considering the application by the interdepartmental commission.
The application must be accompanied by the documents specified in Appendix 1 or Appendix 2 to this Direction. The application may also be accompanied by other documents that are important for the applicant when considering the application by the interdepartmental commission.
1.2. The application must be sent by the applicant or his representative (with the attachment of documents confirming the powers of the representative) for consideration by the interdepartmental commission to the Bank of Russia on paper by mail or in electronic form using the "Bank of Russia Internet reception" section on the official website of the Bank of Russia in information and telecommunication network "Internet" (hereinafter referred to as the "Internet" network).
Chapter 2. Composition of the interdepartmental commission
2.1. The interdepartmental commission includes the chairman of the interdepartmental commission and members of the interdepartmental commission.
2.2. The Chairman of the Interdepartmental Commission is the Deputy Chairman of the Bank of Russia, in charge of countering the legalization (laundering) of proceeds from crime and the financing of terrorism.
2.3. The interdepartmental commission consists of two representatives as its members federal body of the executive power exercising the functions of countering the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as representatives of the authorized body), four representatives of the Bank of Russia (two representatives from among the employees of the Bank of Russia division, whose competence includes issues of supervision and control in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, and two representatives from among the employees of the Bank of Russia division that organizes the protection of the rights and legitimate interests of consumers financial services and investors for financial markets) (hereinafter referred to as representatives of the Bank of Russia).
2.4. The composition of the interdepartmental commission is approved by the Bank of Russia in agreement with the authorized body.
Chapter 3. Procedure and terms of consideration by the interdepartmental commission of the application and documents and (or) information submitted by the applicant
3.1. Upon receipt of an application for consideration, it must be preliminarily checked by the Bank of Russia for compliance with the requirements established by this Directive.
The Bank of Russia leaves the application without consideration on the merits if the following circumstances are revealed:
in case of non-compliance of the application with the requirements established by this Direction;
in case of identification false information about the applicant;
if the application contains obscene and (or) offensive expressions, threats to life, health, property of members of the interdepartmental commission or other persons;
if the text of the application cannot be read or does not allow determining the essence of the application;
if there is, on the date of submission of the application, a decision of the interdepartmental commission, adopted earlier in relation to the same applicant and with the same subject of the application.
If the circumstances provided for in paragraphs three - seven of this clause are revealed, if the documents submitted by the applicant allow him to be identified, and the application - to determine the postal address for sending him correspondence, the applicant should be sent a response to leave the application without consideration on the merits, indicating the reason ( reasons) (hereinafter - the answer to leave the application without consideration on the merits).
The answer to leave the application without consideration on the merits must be signed by the person, authorized representative Bank of Russia.
3.2. If the applicant receives a response about leaving the application without consideration on the merits, he has the right, having eliminated the reason (reasons) for leaving the application without consideration on the merits, to submit a new application that meets the requirements of this Directive, while a new application, if accepted by the interdepartmental commission for consideration, must be considered within the time period established by paragraph two of clause 13.5 of Federal Law N 115-FZ (hereinafter referred to as the general period for consideration of the application).
If two or more applications are received from the applicant on one fact of refusal to conduct an operation or refusal to conclude a bank account (deposit) agreement, the interdepartmental commission considers the application that was received first. Other applications and documents attached to them must be attached to the application that was received first.
3.3. If there are no grounds for leaving the application without consideration on the merits, specified in clause 3.1 of this Directive, a copy of the application must be sent to the authorized body no later than four working days from the date the application is received by the Bank of Russia for consideration by the interdepartmental commission.
3.4. If the application is accepted for consideration, the interdepartmental commission must request from the financial organization in respect of which the application was received, a reasoned justification for the decision to refuse to carry out the operation or refuse to conclude a bank account (deposit) agreement, as well as a reasoned justification for the impossibility of eliminating the grounds, according to which it was adopted this decision, based on the documents and (or) information provided by the applicant, indicating in the request the term for sending such information (hereinafter referred to as the request).
The request must be placed by the Bank of Russia in the personal account of the financial institution on the official website of the Bank of Russia on the Internet. In case of impossibility to use personal account due to a technical failure, interaction must be carried out by sending a request on paper during the working day on which the Bank of Russia sent the request through its personal account.
3.5. The financial institution's response to the request must contain:
reasoned justification for the decision to refuse to carry out the operation or to refuse to conclude a bank account (deposit) agreement;
a reasoned justification for the impossibility of eliminating the grounds in accordance with which this decision was made to refuse, based on the documents and (or) information provided by the applicant;
the date of the decision to refuse to carry out the operation or the date of the decision to refuse to conclude a bank account (deposit) agreement;
unique record identifier (record number) in email on the corresponding refusal to carry out the operation or on the refusal to conclude a bank account (deposit) agreement formed and sent to the authorized body in accordance with the Bank of Russia Ordinance No. 4077-U dated July 20, 2016 "On the procedure for submitting information on cases of refusal to conclude a bank account (deposit) agreement and (or) termination of a bank account (deposit) agreement with a client on the initiative of a credit institution, on cases of refusal to fulfill a client's order to perform an operation ", registered by the Ministry of Justice of the Russian Federation on August 15, 2016 N 43228, or in accordance with the Ordinance of the Bank of Russia of December 15, 2014 N 3484-U "On the procedure for submission by non-bank financial organizations to the authorized body of information provided for by the Federal Law" On Counteracting Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism " registered Min hysteria of justice of the Russian Federation on February 2, 2015 N 35833, on August 17, 2016 N 43288;
the date of submission by the applicant to the financial organization of documents and (or) information about the absence of grounds for making a decision to refuse to carry out an operation or to refuse to conclude a bank account (deposit) agreement;
reasons and grounds for making a decision to refuse to carry out an operation or to refuse to conclude a bank account (deposit) agreement;
the date the applicant was notified of the decision and information about the confirmation of the applicant's receipt of the notification (if any).
A financial organization, within the time period specified in the request, must submit to the interdepartmental commission a response to the request by posting it in its personal account on the official website of the Bank of Russia and in its personal account on the official website of the authorized body on the Internet.
If it is impossible to use the personal account due to a technical failure during the working day, on which the financial institution must post a response to the request, the response of the financial institution must be sent in hard copy. In this case, the financial organization must post in its personal account, the work of which has been restored, the answer to the request on the day of the restoration of the work of the personal account.
3.6. Documents, information and explanations received from the applicant and the financial organization must be studied by an interdepartmental commission.
Representatives of the Bank of Russia have the right to engage employees of the Bank of Russia to carry out the actions provided for by this Ordinance.
Representatives of the authorized body have the right to involve employees of the authorized body to perform the actions provided for by this Direction.
3.7. By decision of the chairman of the interdepartmental commission or the person chairing the meeting of the interdepartmental commission, the applicant and (or) his representative may be present when considering the application at the meeting of the interdepartmental commission.
Chapter 4. The procedure for making a decision by the interdepartmental commission based on the results of consideration of the application and documents and (or) information submitted by the applicant
4.1. Interdepartmental Commission has the right to make a decision based on the results of consideration of the application and documents and (or) information submitted by the applicant, in absentia and in full-time form.
The meeting of the interdepartmental commission should be held at full-time in the following cases:
if there are disagreements between the representatives of the Bank of Russia and representatives of the authorized body on the merits of the decision of the interdepartmental commission, which must be adopted;
by decision of the chairman of the interdepartmental commission or the person presiding over the meeting of the interdepartmental commission.
4.2. After studying the documents and (or) information received from the applicant and the response of the financial organization, the interdepartmental commission must prepare a draft motivated decision of the interdepartmental commission on the absence of grounds, according to which the said financial organization had previously made a decision to refuse, or a draft motivated decision of the interdepartmental commission on the absence grounds for revising the decision made by the financial organization, based on the documents and (or) information provided by the applicant (hereinafter referred to as the draft decision of the interdepartmental commission).
The draft decision of the interdepartmental commission must be prepared by the Bank of Russia and sent to the authorized body.
In the absence of a response from the financial organization to the request within the time period established by the interdepartmental commission, the preparation of the draft decision of the interdepartmental commission should be carried out on the basis of the documents and information submitted by the applicant, taking into account the information available in the interdepartmental commission.
In the case referred to in paragraph three of this clause, the Bank of Russia must, when sending a draft decision to the interdepartmental commission, inform the authorized body about the absence of a response from the financial institution to the request.
4.3. Representatives of the authorized body, within three working days from the date of receipt of the draft decision of the interdepartmental commission, must consider the draft decision of the interdepartmental commission and send to the representatives of the Bank of Russia a reasoned opinion on the approval or non-approval of this draft.
4.4. If the representatives of the authorized body agree on the draft decision of the interdepartmental commission, the decision is considered adopted and must be signed by the chairman of the interdepartmental commission or the person chairing the meeting of the interdepartmental commission. The interdepartmental commission must send messages about the decision to the applicant and the financial organization.
4.5. If the representatives of the authorized body do not agree on the draft decision of the interdepartmental commission, the interdepartmental commission must hold a face-to-face meeting no later than one working day before the day the general period for considering the application expires.
4.6. Decisions of the interdepartmental commission at the in-person meeting are made by a simple majority of votes of the members of the interdepartmental commission present at the meeting.
A meeting of the interdepartmental commission in person is considered competent if, in addition to the chairman of the interdepartmental commission or the person presiding over the meeting of the interdepartmental commission, at least 50% of the members of the interdepartmental commission take part in it. At the same time, the participation of at least one representative must be ensured in the meeting of the interdepartmental commission from the Bank of Russia and from the authorized body.
4.7. After the interdepartmental commission made a decision at a face-to-face meeting on the absence of grounds according to which the financial organization had previously made a decision to refuse, or a decision on the absence of grounds for revising the decision made by the financial organization, based on the documents and (or) information provided by the applicant, the interdepartmental commission must send messages about the decision to the applicant and the financial organization.
4.8. Decisions made at a face-to-face meeting of the interdepartmental commission must be formalized in minutes. The minutes are prepared by the Bank of Russia and signed by the chairman of the interdepartmental commission or by the person presiding over the meeting of the interdepartmental commission.
A copy of the minutes must be sent to the authorized body.
4.9. The decision taken by the interdepartmental commission is not subject to revision.
Chapter 5. The procedure for the communication of the interdepartmental commission on the decision taken to the applicant and the relevant financial organization
5.1. Notification of the decision of the interdepartmental commission on the absence of grounds according to which the financial organization had previously made a decision to refuse to carry out the operation, to conclude a bank account (deposit) agreement, or a message on the decision of the interdepartmental commission on the absence of grounds for revising the decision taken by the financial organization, based on the documents and (or) information provided by the applicant (hereinafter referred to as the decision message), must be sent to the applicant and the financial organization within three working days from the date of the decision. Moreover, each message about the decision of the interdepartmental commission must be sent in a separate letter. The decision must be sent by the Bank of Russia.
A message on the decision of the interdepartmental commission should be sent to the applicant by e-mail if an application is received from him through the use of the "Internet reception of the Bank of Russia" section on the official website of the Bank of Russia on the Internet or to the applicant's postal address in case of receipt of an application from him for paper media.
The message on the decision of the interdepartmental commission of the financial organization must be sent by posting in the personal account of the financial organization on the official website of the Bank of Russia on the Internet. In this case, if it is impossible to use a personal account due to a technical failure, interaction should be carried out by sending a message on paper during the working day on which the Bank of Russia sent a message through a personal account.
5.2. The announcement of the decision of the interdepartmental commission must be signed by the chairman of the interdepartmental commission or by the person presiding over the meeting of the interdepartmental commission, or, on their behalf, by a representative of the Bank of Russia.
5.3. The message on the decision of the interdepartmental commission must indicate the date of the decision, the decision taken.
Chapter 6. Final Provisions
6.1. This Instruction comes into force 10 days after the day of its official publication.
6.2. The Interdepartmental Commission, in the manner prescribed by this Directive, must also consider applications from applicants who have received a refusal from a financial institution to conduct an operation or a refusal to conclude a bank account (deposit) agreement by March 30, 2018.
Chairman of the Central Bank
Russian Federation
E.S. NABIULLINA
AGREED
Director of the Federal Service
on financial monitoring
Yu.A. CHIKHANCHIN
Annex 1
to the Ordinance of the Bank of Russia
and the timing of consideration of the interagency
and communication of the interagency
the commission on the decision
INTELLIGENCE,
INCLUDED IN AN INDIVIDUAL STATEMENT AND ANNEX
TO HIM DOCUMENTS
1. Information:
the registration number of a credit institution or the main state registration number (hereinafter - OGRN) of a non-credit financial institution;
1.3. About the applicant - an individual in respect of whom the financial organization has made a decision to refuse:
TIN (if any);
Date of Birth;
Place of Birth;
citizenship;
information about the position of the applicant who is a foreign public official, an official of public international organizations, as well as a person who replaces (holds) public positions in the Russian Federation, the positions of members of the Board of Directors of the Central Bank of the Russian Federation, federal positions public service to which the appointment and release from which are carried out by the President of the Russian Federation or the Government of the Russian Federation, positions in the Central Bank of the Russian Federation, public corporations and other organizations included in the lists of positions determined by the President of the Russian Federation in accordance with subparagraph 1 of paragraph 1 of Article 7.3 of Federal Law N 115-FZ (hereinafter - a public official);
2. Other information:
3. Documents:
documents submitted by the applicant, which, in his opinion, indicate that there are no grounds for making a decision to refuse to carry out an operation or to refuse to conclude a bank account (deposit) agreement (submitted at the applicant's discretion).
Appendix 2
to the Ordinance of the Bank of Russia
dated March 30, 2018 N 4760-U
"On the requirements for the application, composition
interdepartmental commission, order
and the timing of consideration of the interagency
commission of application and documents
and (or) information provided
the applicant, the procedure for making a decision
based on this review
and communication of the interagency
the commission on the decision
applicant and financial institution "
INTELLIGENCE,
INCLUDED IN THE STATEMENT OF AN INDIVIDUAL ENTREPRENEUR
OR AN INDIVIDUAL EMPLOYED IN AN ESTABLISHED
BY THE LEGISLATION OF THE RUSSIAN FEDERATION ORDER PRIVATE
PRACTICE, LEGAL ENTITY, FOREIGN STRUCTURE
WITHOUT ESTABLISHING A LEGAL ENTITY, AND ANNEX
TO HIM DOCUMENTS
1. Information:
1.1. On the decisions made by the financial institution in relation to the applicant:
the date of the decision to refuse to conclude a bank account (deposit) agreement;
the date of the decision to refuse to execute the order to perform the operation.
1.2. About the financial institution, which decided to refuse:
name (full or abbreviated) of the financial institution;
registration number of a credit institution or OGRN of a non-credit financial institution;
BIC of a credit institution (specified at the discretion of the applicant);
Taxpayer TIN (specified at the discretion of the applicant);
the date of the establishment of the contractual relationship with the applicant (if any);
the date of termination of the contractual relationship with the applicant (if any).
1.3. About the applicant - an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation:
surname, name, patronymic (the last name, if any);
TIN (if any);
Date of Birth;
Place of Birth;
citizenship;
insurance number of an individual personal account (SNILS) (indicated at the discretion of the applicant);
information about the position of the applicant who is a public official;
the main state registration number of the record on the state registration of an individual entrepreneur (OGRNIP);
registration number of an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation;
place of state registration of an individual entrepreneur;
information about the identity document of a citizen of the Russian Federation, foreign citizen or stateless persons;
information about the document confirming the right to stay (reside) in the Russian Federation of a foreign citizen or stateless person;
registration address (if any);
address of the place of residence (place of stay).
1.4. About the applicant - a legal entity:
name (full or abbreviated);
date of state registration;
state registration address;
the size of the authorized capital, thousand rubles;
surname, first name, patronymic (the last one, if any) of the person who has the right to act on behalf of the applicant without a power of attorney;
the main type of declared activity (in accordance with All-Russian classifier species economic activity(OKVED);
the types of activities actually carried out;
confirmation by the applicant of his / her membership status foreign economic activity(in the presence of);
information on joining the group of persons who meet the criteria established by Article 9 of the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition" (Collected Legislation of the Russian Federation, 2006, N 31, Art. 3434; 2007, N 49, Art. 6079; 2008, N 18, Art. 1941; N 27, Art. 3126; N 45, Art. 5141; 2009, N 29, Art. 3601, Art. 3610; N 52, Art. 6450, Art. 6455; 2010, N 15, Art. 1736; N 19, Art. 2291; N 49, Art. 6409; 2011, N 10, Art. 1281; N 27, Art. 3873, Art. 3880; N 29, Art. 4291; 30, art. 4590; no. 48, art. 6728; no. 50, art. 7343; 2012, no. 31, art. 4334; no. 53, art. 7643; 2013, no. 27, art. 3436, art. 3477; No. 30, Art. 4084; No. 44, Art. 5633; No. 51, Art. 6695; No. 52, Art. 6961, Art. 6988; 2014, No. 23, Art. 2928; No. 30, Art. 4266; 2015, 27, Art. 3947; N 29, Art. 4339, Art. 4342, Art. 4350, Art. 4376; N 41, Art. 5629; 2016, N 27, Art. 4197; 2017, N 31, Art. 4828 ) (in the presence of);
staffing, number of units;
the size of the wage fund for the last six months, thousand rubles;
the address of the applicant's website on the Internet (if any);
information about the applicant in open sources of information in the form of links to them (indicated at the discretion of the applicant).
1.5. About the applicant - a foreign structure without forming a legal entity:
Name;
registration number (registration numbers) (if any);
code (codes) of a foreign structure without forming a legal entity in the state (on the territory) of its registration (incorporation) as a taxpayer (or their analogues) (if any);
the place of the main business;
organizational form;
information about the founders and (or) the trustee (manager) in relation to trusts and other foreign structures without forming a legal entity with a similar structure or function.
1.5.1. Information about the contact person of a legal entity, foreign structure without forming a legal entity:
surname, first name, patronymic (the last one, if any) (indicated at the discretion of the applicant);
telephone (indicated at the discretion of the applicant);
e-mail address (indicated at the discretion of the applicant);
position held, other grounds confirming authority (indicated at the discretion of the applicant).
1.5.2. Information about the location of a legal entity, a foreign structure without the formation of a legal entity:
legal grounds for being at the address (for example, ownership / lease with the indication of the details of the title document, the number of the entry in the Unified state register real estate (USRN) (indicated at the discretion of the applicant);
information about the lessor (last name, first name, patronymic of an individual, name and TIN of a legal entity or individual entrepreneur) (if any);
the amount of lease payments per month, thousand rubles (if any).
1.5.3. Information about the production, warehouse and other premises of the applicant (including the composition of the information provided for in subparagraph 1.5.2 of this paragraph).
1.5.4. Indicators financial statements the applicant (information from the financial reporting forms, including from balance sheet, report on financial results and annexes to them).
1.5.5. Information about the applicant as a taxpayer:
the taxation system applied by the applicant;
usage details tax incentives(in the presence of);
tax payments for the period from January 1 of the year preceding the year of filing the application to the first day of the month of filing the application (if any).
1.5.6. Information on transactions for the period from January 1 of the year preceding the year of filing the application to the first day of the month of filing the application, including:
planned monthly turnover when establishing contractual relations, thousand rubles (if any);
credit turnover, thousand rubles, indicating the number of counterparties (if any);
debit turnover, thousand rubles, indicating the number of counterparties (if any).
1.5.7. Information about the three largest counterparties for crediting funds and debiting funds from the applicant's bank account (the largest counterparties are determined based on the share of transactions for crediting funds received from counterparties to the applicant's bank account, or for debiting funds from the applicant's bank account to bank accounts counterparties) (if any).
2. Other information:
the name of the operation, which was refused, and (or) its description;
information on the reasons for refusal to conclude a bank account (deposit) agreement received by the applicant from a financial institution;
a statement of the circumstances of refusal to conduct an operation or refusal to conclude a bank account (deposit) agreement in free form (submitted at the discretion of the applicant).
3. Documents:
a copy of the identity document of a citizen of the Russian Federation, a foreign citizen or a stateless person;
a copy of the document confirming the right to stay (reside) in the Russian Federation (not submitted for citizens of the Russian Federation);
copies of documents submitted to a financial organization for conducting an operation or opening a bank account (deposit) (submitted at the discretion of the applicant);
a copy of the message (decision) of the financial organization about the refusal (if any);
copies of documents submitted to the financial organization in order to eliminate the grounds, in accordance with which the decision to refuse was previously made;
a copy of the message of the financial organization about the impossibility of eliminating the grounds, in accordance with which the decision to refuse was previously made;
a copy of a power of attorney or other document on the basis of which individual acts as a representative of the applicant (if there is a representative);
documents submitted by the applicant, which, in his opinion, indicate the absence of grounds for making a decision to refuse to carry out an operation or to refuse to conclude a bank account (deposit) agreement;
statements of the applicant's bank accounts as of the date of filing the application for the previous one-year period and the one-year period preceding the refusal (submitted at the applicant's discretion);
balance sheet for the last past year(presented at the discretion of the applicant);
profit and loss statement for the last past year (submitted at the discretion of the applicant);
balance sheet balance sheets (including their decryption) as of the date of application for the previous year and the annual period preceding the refusal (submitted at the discretion of the applicant);
copies of contracts with major counterparties (submitted at the discretion of the applicant);
tax returns (submitted at the discretion of the applicant);
copies of lease agreements for premises for the purposes of the applicant's economic activity(presented at the discretion of the applicant).