Regulations on the issue of payment cards and on transactions performed with their use. Legislative framework of the Russian Federation Regulation 266 on the issue of bank cards
Commentary on Bank of Russia Regulation No. 266-P dated December 24, 2004 "On the Issue of Bank Cards and on Transactions Made Using Payment Cards"
History of the issue
In accordance with a number of programmatic documents (the Strategy for the Development of the Payment System, the Strategy for the Development of the Banking Sector of the Russian Federation, the Main Directions of Monetary Policy), one of the most important areas of development of the banking sector is the reduction of cash turnover and the introduction of non-cash settlement instruments based on modern banking technologies, including payment cards. Regulatory regulation of non-cash settlements carried out on transactions using such instruments is one of the tasks of the Bank of Russia, performed as a regulator of relations in the field of payment systems and settlements. On April 9, 1998, the Bank of Russia adopted Regulation No. 23-P dated April 9, “On the Procedure for Issuing Bank Cards by Credit Institutions and Making Settlements on Operations Conducted with Their Use” (as amended by the Instructions of the Central Bank of the Russian Federation No. 857-U, dated April 28, 2004 No. 1426-U, as amended by the Directive of the Central Bank of the Russian Federation dated April 9, 1999 No. 536-U) (hereinafter - the Regulation of the Central Bank of the Russian Federation No. 23-P), which established the requirements to credit institutions for the issue of bank cards, the rules for making settlements and the procedure for accounting by credit institutions of transactions performed using bank cards. This normative act reflected almost all aspects of the organization and implementation of settlements using bank cards, which allowed credit institutions to get answers to many questions that arise in their practice. Over the years, we can say that the Regulation of the Central Bank of the Russian Federation No. 23-P made it possible to form a regulatory framework, which, without breaking the established banking practice, provided uniform rules for settlements on transactions using bank cards for all credit institutions.
The application in practice of the Regulation of the Central Bank of the Russian Federation No. 23-P showed the need for further improvement of the normative regulation of non-cash payments carried out using payment cards in connection with the introduction of new instruments in the sphere of retail payments and changes in currency legislation. In development of the approaches laid down in this Regulation and providing uniform rules for making settlements on transactions using bank cards for all credit institutions, the Bank of Russia has developed Regulation No. 266-P of the Central Bank of the Russian Federation. Credit organizations - members of the Association of Russian Banks took part in the assessment of the main norms of the Regulation of the Central Bank of the Russian Federation No. 266-P; an active discussion on it was also conducted on one of the leading specialized banking sites on the Internet. The new normative act retained the continuity of one of the main principles of the previous normative act - settlements using bank cards are not a new form of contractual relations between the bank and the client, their regulation should be carried out depending on the nature of the agreements already provided for by the current civil law (bank account agreement , loan agreement), and the subject composition of legal relations.
In addition, attention should be paid to other important principles on which the new regulation is based:
Issuance and acquiring of payment cards on the territory of the Russian Federation can be carried out only by resident credit institutions;
In order to provide practical support for the development of new types of non-cash payment instruments, the new regulation includes norms regulating settlements on transactions using a relatively new type of payment cards - prepaid cards;
Uniform requirements have been established for documenting transactions carried out using payment cards, the mandatory details of the document drawn up when they are performed have been unified;
In connection with the changes in the norms of currency legislation, the new regulation clarified the list of transactions performed using payment cards, including bank cards. In particular, the list of operations provided for by the Regulation of the Central Bank of the Russian Federation No. 23-P has been expanded by providing an opportunity for individuals and legal entities (residents and non-residents) to carry out operations on the territory of the Russian Federation and abroad in compliance with the requirements of currency legislation;
The requirements of the new Regulation do not apply to the technological aspects of conducting transactions using payment cards;
The new Regulation excluded the issues of accounting for transactions performed using payment cards, as well as the requirement for the presence on the bank card of the name and logo of the issuer, which uniquely identifies it. The latter is due to the fact that the rules of payment systems allow placing on the card simultaneously the logo of the issuing credit institution and the name of the credit institution-agent, as well as the emergence of new card products intended for payments on the Internet (so-called "virtual" cards).
Comments to Chapter 1 of the Regulation of the Central Bank of the Russian Federation No. 266-P
Chapter 1 of the Regulation of the Central Bank of the Russian Federation No. 266-P contains both the terms mentioned in the Regulation of the Central Bank of the Russian Federation No. 23-P, and a number of new terms, such as a payment card, a prepaid card.
In accordance with the new Regulation, a "payment card" is defined as an instrument for its holder to perform transactions with funds held by the issuer, in accordance with the legislation of the Russian Federation and the agreement with the issuer. Commenting on this definition, two points should be noted. Firstly, a payment card is a tool (non-cash payments) through which an order (order) of the holder is drawn up to the issuer to transfer funds for transactions with its use. The definition of a payment card as a tool is accepted in international practice
Secondly, the issuer of a payment card can be a credit institution or a legal entity that is not a credit institution. Thus, in the context of the new Regulation, the term "payment card" is generic, including two types of instruments - bank cards (issuer is a credit institution) and non-bank cards (issuer is a legal entity that is not a credit institution), an example of which is a credit card American Express.
Another new term is a prepaid card, which is defined as a type of bank card intended for transactions by its holder, settlements on which are carried out by the issuing credit institution on its own behalf and certifying the right of the prepaid card holder to claim the issuing credit institution to pay for goods (works, services , results of intellectual activity) or the issuance of cash. The basis for the issuance of prepaid cards is an agreement that does not provide for the opening of a bank account for the client or the provision of a loan, but imposes on the issuer the obligation to fulfill the requirements of the holders of prepaid cards. Therefore, prepaid cards require special regulatory regulation, along with the regulation of transactions using payment and credit bank cards, which is reflected in the new Regulation. This was done in order to develop new instruments for non-cash settlements, including those used on the Internet, as well as to ensure control by the Bank of Russia in accordance with Federal Law No. 86-FZ of July 10, 2002 “On the Central Bank of the Russian Federation ( Bank of Russia) ”for the activities of credit institutions issuing prepaid cards (in this connection, the new regulation includes a rule limiting the range of prepaid card holders to individuals).
In order to create conditions for the development of settlements using prepaid cards in 2006, the Regulation of the Central Bank of the Russian Federation No. 266-P was amended by the Ordinance of the Bank of Russia dated September 21, 2006 No. 1725-U (hereinafter referred to as the Ordinance of the Central Bank of the Russian Federation No. 1275-U). clarifying the relationship between the bank and the client during their release and use. Thus, information on the procedure and conditions for carrying out transactions using a prepaid card should be brought to the attention of the client - an individual in an accessible form, including by posting information at customer service points. In addition, the Central Bank of the Russian Federation Ordinance No. 1725-U clarified the currency in which individual clients can perform transactions using prepaid cards, namely: individual clients can carry out transactions only in the currency in which the security for their execution is made.
In order to ensure that operations are carried out using a prepaid card only in the currency in which the security for their execution was made, credit institutions bring this requirement to the attention of customers - holders of prepaid cards in accordance with the procedure set forth in clause 1.13 of the Regulation of the Central Bank of the Russian Federation No. 266 -P, and also technically ensure the impossibility of performing conversion operations using prepaid cards.
It should also be noted that the Regulation of the Central Bank of the Russian Federation No. 266-P does not establish requirements for the physical form of a prepaid card, as well as for its details. Regardless of the appearance of the prepaid card (for example, a plastic card with a magnetic stripe or a microprocessor; "scratch card"; card details specified in a document on paper or e-mail), the general rules established by the Regulation of the Central Bank are applied to settlements on transactions with its use RF No. 266-P. In accordance with clause 1.11 of the Regulation of the Central Bank of the Russian Federation No. 266-P, the internal banking rules of a credit institution must provide for the procedure for issuing prepaid cards, conditions for performing transactions with their use, document flow and other necessary procedures.
Funds on a prepaid card can be deposited in cash at the cash desk of a credit institution or transferred by bank transfer. In the first case, the total amount is recorded on the cash account in correspondence with balance account 40 903 "Funds for settlements by checks, prepaid cards" and the corresponding accounts for accounting for income (in terms of commission when it is charged). In the second, it is reflected on the correspondent account (bank account) in correspondence with balance account 40 903 "Funds for settlements by checks, prepaid cards" and accounts for income accounting (in terms of commission when it is charged).
In practice, the question often arises as to whether the holder of a prepaid card can “deposit” additional funds to this card (“top up” the card), as well as receive cash using it. The use of the terms "deposit", "replenishment" is incorrect from the point of view of the essence of the arising legal relationship. When issuing (issuing) a prepaid card, the issuing credit institution has an obligation to its holder for the amount of funds previously deposited (transferred) by an individual in order to pay for goods (works, services) using the prepaid card. In case of additional deposit (transfer) of funds by an individual, a new obligation of the issuer arises in the amount of additionally deposited (transferred) funds. The subsequent fulfillment of its obligations by the issuing credit institution for operations related to payment for goods (work, services) made using a previously issued prepaid card or a newly issued one is carried out in the amount of the total amount of such obligations.
The prepaid card is not used to dispense cash, except for the termination of the credit institution's obligations to its holder. The issuance of the unspent balance of funds on a prepaid card can be carried out by a credit institution - the issuer (another credit institution) to an individual - the holder of this card through the cashier or through an ATM. The conditions of a prepaid card may provide for its use only for making non-cash payments (i.e., the holder does not have the right to receive cash). The internal banking rules of a credit institution should provide for the procedure for the emergence, performance and termination of obligations arising from the issue of a prepaid card.
The issuing credit institution is also entitled to:
Determine the maximum amount within which she assumes obligations for one prepaid card (prepaid card limit). As a recommendation, we can suggest using the approach adopted in the European Union: 150 euros? RUB 5,000;
Establish a ban on the transfer of funds by legal entities, individual entrepreneurs to individuals - holders of prepaid cards in order to carry out the last operations with their use, except for cases of return to individuals to holders of prepaid cards of funds in case of refusal of goods (works, services, results of intellectual activity) previously purchased using the indicated cards. At the same time, the procedure for returning funds in excess of the prepaid card limit must be communicated by the issuing credit institution to the individual - the prepaid card holder in an accessible form, including by posting information at customer service points.
As a general recommendation, it can be pointed out that all aspects of the procedure for the emergence, fulfillment and termination of obligations arising from the issue of a prepaid card should be provided for in the internal banking rules of a credit institution.
The new regulation also clarifies such terms as "payment" and "credit" bank card. The main feature of a credit bank card is that the fulfillment of obligations under transactions made with its use is carried out by the client only at the expense of the funds provided by the credit institution in the form of a loan on the terms of payment, urgency and repayment within the settlement limit, in accordance with the terms of the loan agreement ... If a payment card is issued, its holder can also be provided with a loan by the issuing bank (overdraft), but only if there is no or insufficient funds in the bank account of the card holder. The provision of such a loan is governed by Art. 850 of the Civil Code of the Russian Federation. By the instruction of the Central Bank of the Russian Federation No. 1725-U, the Regulation of the Central Bank of the Russian Federation No. 266-P was amended to take into account the practice of consumer lending using credit cards. The procedure for granting a loan for settlements on transactions carried out using credit cards, which was in force before the Central Bank of the Russian Federation Ordinance No. 1725-U came into force, required its obligatory crediting to the client's bank account. The Central Bank of the Russian Federation Ordinance No. 1725-U, along with the previously effective lending procedure, provided for the possibility of lending to individuals resident in the currency of the Russian Federation without using a bank account.
The current (taking into account the norms of the Central Bank of the Russian Federation Ordinance No. 1725-U) edition of the Regulation of the Central Bank of the Russian Federation No. 266-P, provides that a credit institution in a loan agreement concluded with an individual resident provides for the provision of funds in the currency of the Russian Federation without using bank account for settlements on transactions made using credit cards, other conditions of this loan, as well as the procedure for repayment of the loan, accrual and payment of interest on it. The regulation of the Central Bank of the Russian Federation No. 266-P does not determine when and how documentary confirmation of the provided loan is carried out without using the client's bank account, and therefore the corresponding condition should be included in the loan agreement (for example, an extract from the register of payments received by the credit organization) ...
Depending on the loan repayment period specified in the agreement with the client, balance accounts 4550245508 “Loans granted to individuals” are used to reflect the client's debt in accordance with the Regulation of the Bank of Russia dated March 26, 2007 No. 302-P “On accounting rules in credit institutions located on the territory of the Russian Federation "(as amended by the Directive of the Central Bank of the Russian Federation of October 11, 2007 No. 1893-U) (hereinafter referred to as the Regulation of the Central Bank of the Russian Federation No. 302-P). In practice, it is possible to use a credit card to return funds to a client-individual in the event of his refusal from the goods purchased earlier using this card, and it is also possible that the client, repaying the loan debt (at accrued interest) using a credit card and through the self-service terminal, may erroneously deposit an amount in excess of the indicated debt. The funds received by the credit institution in these cases must be returned to the client. Reflection in the accounting of the credit institution of these funds is carried out on balance sheet account 40 905 "Current accounts of authorized and unpaid transfers" in correspondence with balance sheet account 30 232 "Incomplete settlements for transactions performed using payment cards." In the context of issuing payment and credit cards, the following should be additionally taken into account.
First, the new version of the Bank of Russia Instruction No. 28-I of September 14, 2006 "On Opening and Closing Bank Accounts, Deposit Accounts" using payment cards, the bank has the right to receive a sample of the client's handwritten signature in the manner prescribed by banking rules, without issuing a card. This provision resolved the problems that arose after the adoption of the Bank of Russia Ordinance No. 1297-U dated June 21, 2003 "On the Procedure for Issuing a Card with Sample Signatures and Seal Imprints" credit cards.
Secondly, the norms of Art. 47 of the Federal Law of December 23, 2003 No. 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation" (as amended by Federal Laws of August 20, 2004 No. 106-FZ, of December 29, 2004 No. 197- FZ, dated October 20, 2005 No. 132-FZ, dated July 27, 2006 No. 150-FZ, dated March 13, 2007 No. 34-FZ) and the corresponding clarifications of the Bank of Russia - Letter No. 21 dated February 14, 2006 -T "On clarifications on certain issues arising in connection with the introduction of the Bank of Russia ban on attracting deposits from individuals and opening bank accounts of individuals in accordance with Article 47 of the Federal Law" On insurance of deposits of individuals in banks of the Russian Federation "( hereinafter - Letter No. 21-T). This Letter says that credit institutions that issue payment and credit cards, for the performance of transactions with the use of which individuals open bank accounts, after the imposition of the ban by the Bank of Russia, must stop issuing such cards. The Bank of Russia, in addition to Letter No. 21-T, issued Letter No. 158-T dated December 15, 2006 “On carrying out operations with credit cards after the introduction of the Bank of Russia ban on attracting individuals' funds into deposits and opening bank accounts of individuals in accordance with Articles 47 and 48 of the Federal Law "On Insurance of Individual Deposits in Banks of the Russian Federation", which clarified that the restrictions on the issue of credit cards established for banks that have not entered the deposit insurance system do not apply to the issue of credit cards and the exercise with them transactions in the provision of funds in the currency of the Russian Federation to an individual resident without using a bank account opened with the bank - the card issuer.
Clarified concepts such as "issue of bank cards" and "issuer". The issue of a bank card is understood as the activities of a credit institution related to the issuance of a bank card. A credit institution that issues bank cards is called an issuing credit institution, regardless of its legal status in the payment system (agent bank, associate member, etc.).
Accordingly, all issuers, including agent banks, are obliged not only to notify the Bank of Russia about the start (end) of the issue of bank cards, but also to provide statistical information on the above activities in form No. 250 “Information on the activities of credit institutions (branches) in terms of settlements with using bank and payment cards ”.
With the appearance on the retail market of more and more complex functional technical devices ("electronic cashiers", terminals with the function of accepting cash (cash-in) etc.) in practice, credit institutions have questions about the distinctive features of these devices from ATMs. In the new regulation, the term "ATM" is given an expansive meaning - an ATM is understood as an electronic software and hardware complex designed to carry out operations of issuing (accepting) cash without the participation of an authorized employee of a credit institution, including using payment cards, and transferring credit orders. organizations for the transfer of funds from the bank account (deposit account) of the client, as well as for the preparation of documents confirming the relevant operations. Thus, within the framework of the new regulation, all technical devices with the function of receiving (issuing) cash, intended for making payments both with the use of payment cards and without their use, are considered uniformly (as ATMs), based on the criterion for the provision of bank services by remote way.
Considering the above, a legal entity can deposit cash proceeds to its bank account at the cash desk of a credit institution upon announcement of a cash contribution.
The Central Bank of the Russian Federation Regulation No. 266-P uses concepts stipulated by the legislation of the Russian Federation and regulations of the Bank of Russia, the disclosure of the content of which, taking into account the specifics of the use of payment cards, will eliminate collisions arising in the practice of non-cash settlements due to their ambiguous interpretation.
In addition, Chapter 1 of the provision defines the exceptions to the scope of the new provision with respect to:
Non-bank credit institutions engaged in deposit and credit operations;
Cards issued by issuers other than credit institutions intended for their holders to receive prepaid goods (works, services, results of intellectual activity). These cards include prepaid transport cards, cards for payment for mobile services, etc. to be only a credit institution.
The Regulation contains new permissive norms in relation to the activities of credit institutions that distribute bank cards of other credit institutions-issuers and payment cards of issuers - foreign legal entities that are not foreign banks.
According to chapter 1 of the regulation, credit institutions are obliged to develop an internal document - internal banking rules (hereinafter referred to as the Rules) and its approval by the credit institution's governing body authorized to do so by its charter. The rules can be in the form of a single document, or they can be presented in different documents related to the issues regulated by the regulation.
The rules, depending on the specifics of the activities of the credit institution, must contain:
The procedure for the activities of a credit institution related to the issue of bank cards;
The procedure for the activities of a credit institution related to the acquiring of payment cards;
The procedure for the activities of a credit institution related to the distribution of payment cards;
The procedure for the activities of a credit institution when making settlements for transactions performed using payment cards;
The risk management system for transactions using payment cards, including the procedure for assessing credit risk;
Procedure for the credit institution in case of loss by the holder of payment cards;
Description of document flow and technology for processing accounting information on transactions performed using payment cards;
The procedure for storing payment cards before the personalization procedure (hereinafter referred to as non-personalized payment cards) purchased by a credit institution and containing details (name of the issuer, etc.), payment cards after the personalization procedure, as well as an approved list of officials responsible for their storage; the procedure for moving non-personalized payment cards within a credit institution and transferring them for personalization;
The procedure for providing funds to a client in the currency of the Russian Federation and in a foreign currency for settlements on transactions performed using payment cards, credit cards, and the procedure for returning these funds, as well as the procedure for calculating interest on the amounts of funds provided and the procedure for paying them by the client to in accordance with the legislation of the Russian Federation, including regulations of the Bank of Russia and Regulation of the Central Bank of the Russian Federation No. 266-P;
Other procedures governing the issues of settlements on transactions made using payment cards.
When developing these Rules, credit institutions, in addition to Regulation of the Central Bank of the Russian Federation No. 266-P, should also be guided by:
1. Regulation of the Central Bank of the Russian Federation No. 302-P (regarding the accounting of transactions performed using payment cards).
2. Regulation of the Bank of Russia dated October 9, 2002 No. 199-P "On the procedure for conducting cash transactions in credit institutions in the Russian Federation" (as amended by the Instructions of the Central Bank of the Russian Federation No. 1351-U dated December 4, 2003, dated June 1 2004 No. 1433-U, dated December 26, 2006 No. 1779-U, dated June 13, 2007 No. 1836-U) (regarding the execution of transactions using payment cards for issuing (accepting) cash in a credit institution) and its internal structural divisions).
3. Instruction of the Bank of Russia dated April 28, 2004 No. 113-I "On the procedure for opening, closing, organizing the work of exchange offices and the procedure for carrying out certain types of banking operations and other transactions with cash foreign currency and the currency of the Russian Federation, checks (in including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ”(regarding the performance of transactions in exchange offices using bank cards).
4. Regulation of the Bank of Russia No. 254-P dated March 26, 2004 "On the procedure for the formation by credit institutions of reserves for possible losses on loans, on loan and equivalent debts" (as amended on December 28, 2007) (in part establishment by credit institutions of the procedure for the formation of reserves for possible losses on loans provided for operations with bank cards).
5. Regulation of the Bank of Russia dated July 27, 2001 No. 144-P "On Amendments and Additions to the Regulation of the Bank of Russia" On the Procedure for Granting (Placement) of Monetary Funds by Credit Institutions and Their Return (Repayment) "dated August 31, 1998 No. 54-P "(in the part that does not contradict the Regulation of the Central Bank of the Russian Federation No. 266-P, on the issues of granting loans for operations with bank cards).
6. Regulation of the Bank of Russia dated June 26, 1998 No. 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks" (as amended by the Regulation approved by the Central Bank of the Russian Federation on December 24, 1998, No. 64- P, Instructions of the Central Bank of the Russian Federation of November 26, 2007 No. 1931-U) (in the part that does not contradict the Regulation of the Central Bank of the Russian Federation 266-P, on the issues of interest accrual on funds attracted (provided in the form of loans) under agreements for the issue of bank cards ).
7. Regulation of the Bank of Russia No. 242-P dated December 16, 2003 "On the Organization of Internal Control in Credit Institutions and Banking Groups" (as revised on November 30, 2004) (in terms of individual recommendations for developing approaches related to risk management on operations with bank cards).
8. Regulation of the Bank of Russia No. 262-P dated August 19, 2004 “On the identification of customers and beneficiaries by credit institutions in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism” (as revised on September 14, 2006 No. ) (hereinafter - the Regulation of the Central Bank of the Russian Federation No. 262-P) (regarding the identification of cardholders in accordance with clause 1 of article 7 of the Federal Law of August 7, 2001 No. 115-FZ "On counteracting the legalization (laundering) of proceeds from crime by, and financing terrorism "(as amended on November 28, 2007) (hereinafter - Federal Law No. 115-FZ).
It should be noted that the above list of documents is not exhaustive. When developing the Rules, it is also necessary to know the norms of the current civil legislation - the issues of concluding contracts, the compliance of the schemes for the implementation of certain card projects with the legislation, since they are directly related to the emergence of such a risk "as legal", the consequences of which may be legal proceedings against bank related to its violation of the law during the implementation of these projects. The litigation may entail certain costs, and the court decision - negative property consequences both for the given bank - the issuer, and for other banks.
A separate issue is the legal significance of the rules of payment systems. They are of a contractual nature and regulate contractual relations between participants in the payment system (banks). Taking into account the provision of paragraph 3 of Art. 308 of the Civil Code of the Russian Federation that the obligations of the parties to the agreement (in the above case, the rules) cannot create obligations for third parties, the rules of the payment system cannot be applied as binding on the clients of a bank that is a participant in the payment system.
The relationship between the bank and the client is governed by an agreement concluded between them, which provides for the implementation of transactions using a bank card, which may reflect the rules of payment systems in terms of the client of the bank - a member of the payment system. At the same time, all agreements mentioned in the Regulation of the Central Bank of the Russian Federation No. 266-P (bank account agreement, loan agreement, agreement on the issuance of a prepaid card) are not public agreements (Article 426 of the Civil Code of the Russian Federation), which allows the bank to take a differentiated approach to establishing the terms of use bank card, including the amount of the commission, in respect of which Art. 29 of Federal Law No. 395-I provides that the commission on transactions is set by the credit institution by agreement with the clients and cannot be changed by the credit institution unilaterally, unless otherwise provided by federal law or an agreement with the client.
It is recommended to change the conditions for using a bank card taking into account clause 1 of Art. 452 of the Civil Code of the Russian Federation, which stipulates that an agreement to amend the agreement is made in the same form as the agreement, unless otherwise follows from the law, other legal acts, agreement or business customs. Consequently, in order to provide the bank with the right to notify customers about changes in the conditions for using bank cards remotely (by e-mail, SMS messages, by posting information on the website), the corresponding condition must be explicitly included in the agreement.
The terms of the agreement also regulate the mode of using a bank card and related issues, including:
Methods of securing clients' obligations to the bank - for example, in the case of using the so-called "insurance deposits", funds are raised in order to ensure settlements on transactions with bank cards in accordance with an agreement providing for the performance of these operations, the terms of which are different from the terms of the bank deposit agreement ( deposit), since in the event of an insured event, the funds are not returned to their owner, but are used to complete settlements. In this regard, insurance deposits cannot be accounted for on balance sheet accounts 42301-42307 "Deposits of individuals" and must be accounted for on balance sheet accounts 42309-42315 "Other attracted funds of individuals" using bank cards. The procedure for calculating interest on "insurance deposits" recorded on the balance sheet accounts "Other attracted funds of individuals" is determined by the terms of the concluded agreement.
The procedure for ensuring the security of transactions using a bank card - for example, it is recommended that the contract provide for the client's obligation to safeguard the card and personal identification code (PIN) issued to him, as well as a prohibition on their transfer to third parties, which are understood as persons who have not been declared credit institution as authorized persons for whom it is advisable to issue additional cards.
Conditions for returning the balance of funds to the client at a time other than those provided for in clause 3 of Art. 859 of the Civil Code of the Russian Federation. Based on the principle of freedom of contract, enshrined in Art. 421 of the Civil Code of the Russian Federation, the parties have the right to determine the terms of the contract at their discretion. In our opinion, the credit institution has the right, taking into account the specifics of the workflow for payment cards, to establish in the bank account agreement the term for which period agreed with the client the latter will submit to the credit institution an application to terminate the bank account agreement. In our opinion, this condition will not violate the provisions of paragraph 1 of Art. 859 of the Civil Code of the Russian Federation, the client's right to terminate the contract at any time at his request. At the same time, there remains the risk of judicial interpretation of the inconsistency of the above terms of the bank account agreement with the norms of Art. 859 GKRF.
When issuing (distributing) payment cards, credit institutions should comply with the provisions of Federal Law No. 115-FZ in terms of the requirements for mandatory control of cash transactions and customer identification. In particular, credit institutions whose ATMs issue (accept) cash on payment cards must take into account the requirements of clause 3.3 of the Regulation of the Central Bank of the Russian Federation No. 262-P, according to which, when making transactions using payment cards, identification is carried out based on the details of the payment card, and also codes (passwords).
The new Regulation excluded the norms contained in the Regulation of the Central Bank of the Russian Federation No. 23-P and establishing the procedure for the submission by credit institutions to the Bank of Russia of notifications on the start (completion) of the issue and (or) acquiring of bank cards. In this regard, the Bank of Russia has developed a new form of statistical reporting on the beginning or completion of credit institutions' activities related to the issue and (or) acquiring of payment cards (hereinafter - form 255). Based on Form 255, the Bank of Russia generates various directories (a directory of payment systems using cards, a directory of types of cards), which are used by credit institutions when preparing reports in accordance with Form 0409250 "Information on the activities of credit institutions in terms of payments using payment cards" (hereinafter - the form 250).
Form 255 includes information on combined products, which is necessary to control the reliability of the reporting provided by credit institutions in accordance with Form 250, as well as to determine the directions of development of Russian and international payment systems using cards. It should be particularly noted that Form 255 uses concepts such as “principal member” and “affiliated member” inherent in payment systems. A principal member of a payment system is a credit institution that has a license issued by this payment system for the issue and (or) acquiring of cards of this payment system and ensures the implementation of all settlements for transactions using them directly with the payment system. An associated (affiliated) member of a payment system means a credit institution that has a license issued by this payment system for the issue and (or) acquiring of cards of this payment system and carries out all settlements for transactions with their use with the payment system and its participants through a credit institution - in principle a member of this payment system (acting in this case as its sponsor).
Comments to Chapter 2 of the Regulation of the Central Bank of the Russian Federation No. 266-P
Chapter 2 of the Regulation of the Central Bank of the Russian Federation No. 266-P includes a list of transactions performed with the use of payment cards, the conditions for the occurrence of a "technical overdraft", as well as regulations on outstanding settlements.
When determining the list of transactions performed using payment cards, the existing banking practice, the specifics of payments using payment cards, as well as significant changes in currency legislation directly affecting transactions with payment cards were taken into account. Compared to the Regulation of the Central Bank of the Russian Federation No. 23-P, Chapter 2 of the Regulation of the Central Bank of the Russian Federation No. 266-P has been supplemented with norms containing a list of transactions performed by individuals using bank cards. In practice, individuals carry out two main types of transactions using bank cards:
Receiving cash;
Payment for goods (works, services, results of intellectual activity).
At the same time, clause 2.3 of the Regulation of the Central Bank of the Russian Federation No. 266-P does not contain restrictions on the list of transactions performed by a client-individual using a payment card. In this regard, for example, it is possible:
Making regular payments by individuals using a prepaid card (payment for utilities; electricity; cellular services, satellite and cable TV; Internet access, as well as repay consumer loans);
Transfer of funds by individuals using payment cards through ATMs as payment for securities (units of mutual funds as the most popular investment instrument);
Making payments to the budget by individuals without opening a bank account, including for the payment of state duties. In this case, the fact of payment of the state duty can be confirmed by a receipt issued through the ATM of the credit institution. At the same time, in order to comply with paragraph 3 of Art. 333.18 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation) requires the establishment of uniform details of this receipt in a regulatory manner, as well as the procedure for communicating information identifying both the payer and the payment itself to the administrator of receipts to the budget of the Russian Federation.
Transactions can be carried out both in rubles and in foreign currency at the expense of funds in rubles and (or) in foreign currency held in bank accounts opened by the issuer (for payment, credit cards), or deposited to the issuer for settlements using a prepaid card. A bank account agreement (an agreement providing for the performance of transactions using prepaid cards) may provide for the implementation of transactions using bank cards in a currency other than the currency of an individual's account, the currency of funds contributed for settlements using a prepaid card. At the same time, the currency received by the issuer as a result of the conversion operation is transferred as intended without opening an additional bank account for the client (this rule also applies to legal entities).
With regard to corporate clients, the list of operations performed by them in foreign currency abroad has been expanded, which positively resolves the issue, in particular, on the implementation of operations by Russian airlines outside the territory of the Russian Federation using corporate bank cards to pay costs associated with servicing aircraft at airports foreign states. In addition, there is an opportunity for the issuing bank to open accounts in foreign currency for non-resident legal entities when issuing corporate cards.
Due to the peculiarities of transactions carried out using bank cards (such as transactions in the trade and service network without an authorization procedure; the occurrence of exchange rate differences from the conversion made by the issuing bank, for transactions performed, the currency of which is different from the account currency, etc.) ), the amounts for these operations may exceed not only the balance on the client's account - the holder of a bank payment card, but also the credit limit established by the relevant agreement. In order to reduce the risks when carrying out these operations, the new Regulation provides for norms recommending that credit institutions, when issuing payment cards, credit cards, include in the bank account agreement, credit agreement a condition on the client's carrying out operations using cards, the amount of which exceeds:
The balance of funds in the client's bank account in the event that the conditions for the provision of an overdraft are not included in the bank account agreement;
Overdraft grant limit;
The limit of the loan provided, specified in the loan agreement. Settlements for these operations can be carried out by providing the client with a loan in the manner and on the terms stipulated by the bank account agreement or the loan agreement, taking into account the norms of this Regulation of the Central Bank of the Russian Federation No. 266-P. In the event that the specified agreement does not contain the conditions for providing the client with a loan for such operations, the client's repayment of the arisen debt is carried out in accordance with the legislation of the Russian Federation.
When carrying out transactions using payment cards, settlements often cannot be completed due to the receipt of a document, which is the basis for settlements on these transactions, on the next day after the transaction. To account for uncompleted settlements, the Chart of Accounts in credit institutions has been supplemented with new balance accounts No. 30232 (P), 30 233 (A) "Unfinished Settlements on Transactions Made Using Payment Cards". The introduction of these accounts into the Chart of Accounts is due to the relevant norms of clause 2.9 of the Regulation of the Central Bank of the Russian Federation No. 266-P, which normatively fix the specifics of transactions with payment cards and the corresponding document flow, in case of a mismatch in the timing of the formation by the processing center of the bank of information on transactions with payment cards, for example, in ATMs , and the terms associated with the period of their collection; the discrepancy between the terms of settlements of acquiring banks with trade enterprises (services) and the incoming reimbursement from the payment system. These accounts are used in cases where banks issue cash to cardholders - customers of other credit institutions, etc.
Accounts in progress are also used for accounting for net settlements, the basic principle of which is the implementation of settlements between settlement participants (acquiring banks and issuing banks) in the amount of their net positions calculated on the basis of counter payments. Based on the economic meaning of settlements on a net basis, liabilities (claims) that have arisen between settlement participants and (or) the settlement bank in the amount of the net position and their formation should be reflected both in the balance sheet of the settlement participant and the settlement bank, using balance sheet data. accounts with the subsequent settlement of these obligations (claims) at the end of the day through their mutual correspondence.
Accounts of outstanding settlements are used in the case when the bank account agreement, loan agreement does not contain a condition for providing the client with a loan to complete settlements for transactions performed using a payment card, the amount of which exceeds the balance of funds in the client's bank account and the limit of the loan provided as specified in the credit the contract. In this case, the client is repaying the arisen debt in accordance with the legislation of the Russian Federation (in particular, the provisions of the Civil Code of the Russian Federation on unjust enrichment). Reflection in the accounting of a credit institution of the amount of the client's debt is carried out on the balance sheet account 30233 "Incomplete settlements on transactions performed using payment cards."
It should be borne in mind that the characteristics of balance sheet account 30232 do not provide for its use when legal entities transfer wages to the bank accounts of their employees, including those opened for transactions using bank cards. To credit the bank accounts of individuals - holders of bank cards, salaries, if necessary to reconcile the transfer of the total amount by payment order and information in the register, balance account 47422 "Obligations for other transactions" (or 40916 "Amounts promised to correspondent accounts for clarification" ), from which, according to the register, private amounts are subsequently transferred to the accounts of individuals no later than the day following the day of receipt of the payment order.
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From the book Money. Credit. Banks [Answers to exam tickets] the author Varlamova Tatiana Petrovna1.4. Reflection in the accounting of the issuer (creditor bank) of transactions using bank credit cards 1.4.1. When clients of the bank - legal entities, perform transactions using corporate credit bank cards, the bank provides cash
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From the author's book1.7. Reflection in the accounting of the issuer of operations for the return of the disputed payment for operations using bank credit cards 1.7.1. For the amount of monetary funds for returning the disputed payment to a legal entity, an individual - an entrepreneur: D-t 474 23 (l / s
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Regulation of the Central Bank of the Russian Federation 266-P
The regulation of the Central Bank of Russia dated December 24, 2004 N 266-P "On the issue of bank cards and on transactions performed using payment cards" is the main document regulating the activities of banks in this area.
The regulation determines the procedure for the issue and use of bank cards. This document provides definitions of what credit, debit and prepaid cards are. The regulation establishes a range of operations that can be carried out by individuals, organizations or individual entrepreneurs using bank cards. The documents drawn up when making transactions using payment cards and their content have been determined.
See what the "Regulation of the Central Bank of the Russian Federation 266-P" is in other dictionaries:
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Russian Federation
"REGULATIONS ON THE ISSUE OF BANK CARDS AND ON OPERATIONS MADE WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on 24.12.2004 N 266-P) (as amended on 15.11.2011)
This Regulation was developed on the basis of part two of the Civil Code of the Russian Federation (Collected Legislation of the Russian Federation, 1996, N 5, Art.410; N 34, Art. 4025; 1997, N 43, Art. 4903; 1999, N 51, Art. 6228 ; 2002, N 48, Art. 4737; 2003, N 2, Art. 160, 167; N 13, Art. 1179; N 46 (part I), Art. 4434; N 52 (part I), Art. 5034) , Federal Law "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 (Part I), Art. 5032; 2004 , N 27, Art. 2711; N 31, Art. 3233), Federal Law "On Banks and Banking Activities" (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Collected Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, 3469; 2001, N 26, Art. 2586; N 33 (part I), Art. 3424; 2002 , No. 12, Art. 1093; 2003, No. 27 (Part I), Art. 2700; No. 50, Art. 4855; No. 52 (Part I), Art. 5033, Art. 5037; 2 004, N 27, Art. 2711; 31, Art. 3233), the Federal Law "On Currency Regulation and Currency Control" (Collected Legislation of the Russian Federation, 2003, No. 50, Art. 4859; 2004, No. 27, Art. 2711) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board directors of the Bank of Russia dated December 17, 2004 N 31) establishes the procedure for issuing bank cards in the Russian Federation (hereinafter referred to as the issue of bank cards) by credit institutions (hereinafter referred to as credit institutions - issuers) and the specifics of credit institutions' operations with payment cards, the issuer of which may be a credit institution, a foreign bank or a legal entity that is not a credit institution, a foreign bank.
1.1. This Regulation applies to credit institutions, with the exception of non-bank credit institutions engaged in deposit and credit operations.
1.2. The requirements of this Regulation do not apply to cards issued by issuers that are not credit institutions intended to receive prepaid goods (works, services, results of intellectual activity) by individuals, legal entities and individual entrepreneurs.
1.3. The following terms are used in this Regulation:
ATM - an electronic software and hardware complex designed to carry out operations for issuing (accepting) cash without the participation of an authorized employee of a credit institution, including using payment cards, and transmitting orders of a credit institution to transfer funds from a bank account (deposit account) the client, as well as for the preparation of documents confirming the relevant operations;
personalization - the procedure for applying to the payment card and (or) recording in the memory of the microprocessor, on the magnetic stripe of the payment card, the information provided for by the rules of the settlement participants;
register of payments for transactions using payment cards (hereinafter - the register of payments) - a document or a set of documents containing information on transactions performed using payment cards for a certain period of time, drawn up by a legal entity or its structural unit that collects, processes and sends out to participants settlements - to credit institutions information on transactions with payment cards (processing center), and provided in electronic form and (or) on paper;
Electronic journal - a document or a set of documents in electronic form, generated (generated) by an ATM and (or) an electronic terminal for a certain period of time when performing transactions using these devices.
1.4. On the territory of the Russian Federation, credit institutions - issuers issue bank cards, which are a type of payment cards as a non-cash settlement instrument intended for individuals, including authorized legal entities (hereinafter referred to as holders), to carry out transactions with funds held by the issuer in in accordance with the legislation of the Russian Federation and the agreement with the issuer.
This Regulation does not establish requirements for the characteristics of a bank card (magnetic stripe card, microprocessor card, "scratch card", electronic card, etc.).
1.5. A credit institution has the right to issue bank cards of the following types: payment (debit) cards, credit cards and prepaid cards.
Settlement (debit) card is intended for operations by its holder within the limits of the amount of funds (spending limit) set by the issuing credit institution, settlements on which are carried out at the expense of the client's funds in his bank account, or a loan provided by the issuing credit institution to the client in accordance with the bank account agreement in case of insufficient or lack of funds in the bank account (overdraft).
A credit card is intended for its holder to perform transactions, settlements for which are carried out at the expense of funds provided by the issuing credit institution to the client within the established limit in accordance with the terms of the loan agreement.
A prepaid card is intended for its holder - an individual to perform transactions, settlements for which are carried out by a credit institution - an issuer on its own behalf at the expense of funds provided by the holder - an individual, or funds received by a credit institution - an issuer in favor of a holder - an individual , if the possibility of using received funds from third parties is provided for by an agreement between the holder - an individual and the credit institution - the issuer. A prepaid card certifies the right of a claim of its holder - an individual person - to a credit institution - an issuer to pay for goods (work, services, results of intellectual activity) or to issue cash.
Credit institution - the issuer is obliged to determine the maximum amount within which it assumes obligations for one prepaid card (hereinafter - the prepaid card limit). The prepaid card limit set by the issuing credit institution should not exceed RUB 100,000 or an amount in foreign currency equivalent to RUB 100,000 at the official exchange rate of the Bank of Russia in effect on the date the prepaid card was issued.
Additional provision (transfer) of funds to a credit institution - an issuer to increase the amount of obligations of a credit institution - an issuer on a prepaid card can be carried out within the limit of a prepaid card (if the possibility of additional provision (transfer) of funds to a credit institution - to an issuer to increase the amount of obligations of a credit institution - of the issuer on a prepaid card is provided for by an agreement between the holder - an individual and the credit organization - the issuer). The total amount of additional provision (transfer) of funds to a credit institution - an issuer to increase the amount of obligations of a credit institution - an issuer on a prepaid card, the identification of the holder - an individual of which was not carried out, should not exceed 40,000 rubles during a calendar month.
1.6. A credit institution (except for a settlement non-bank credit institution) issues settlement (debit) cards and credit cards for individuals, legal entities and individual entrepreneurs, prepaid cards - for individuals. A settlement non-bank credit institution issues settlement (debit) cards for legal entities and individual entrepreneurs, prepaid cards - for individuals.
The issuance of bank cards for individuals, individual entrepreneurs, legal entities is carried out by a credit institution on the basis of an agreement providing for the performance of transactions using bank cards. The issue of settlement (debit) cards intended for performing transactions related to the credit institution's own economic activities is carried out on the basis of an order from the sole executive body of the credit institution.
Credit institution - the issuer makes settlements on transactions with payment (debit) cards, credit cards, prepaid cards, taking into account the requirements of the currency legislation of the Russian Federation and this Regulation.
1.7. A credit institution has the right to engage bank payment agents for the distribution of payment cards issued by this credit institution, as well as to distribute payment cards issued by other credit institutions, foreign legal entities that are not foreign banks on the territory of the Russian Federation (hereinafter referred to as distribution of payment cards).
When a credit institution - issuer engages bank payment agents for the distribution of prepaid cards, it is not allowed for the credit institution to have monetary obligations on prepaid cards to bank payment agents - legal entities, including through prepayment of prepaid cards.
1.8. Specific conditions for the provision of funds for settlements on transactions made using payment (debit) cards, credit cards, the procedure for returning the funds provided, the procedure for documentary confirmation of the provision and return of funds can be determined in the agreement with the client.
Second and third paragraphs - Abolished.
The provision of funds to customers by a credit institution for settlements on transactions made using payment (debit) cards is carried out by crediting the said funds to their bank accounts.
The provision of funds to clients by a credit institution for settlements on transactions made using credit cards is carried out by crediting the indicated funds to their bank accounts, as well as without using the client's bank account, if this is stipulated by the loan agreement when providing funds in the currency of the Russian Federation to individuals individuals, and in foreign currency - to individuals - non-residents. The documentary confirmation of the provision of a loan without using the client's bank account is the register of payments received by the credit organization, unless otherwise provided by the loan agreement.
Paragraph 6 - Abolished.
Repayment (return) of a loan provided for settlements on transactions made using payment (debit) cards, credit cards, is carried out in a manner similar to the procedure established by clause 3.1 of the Regulation of the Bank of Russia dated August 31, 1998 N 54-P "On the procedure for providing (placement) of monetary funds by credit institutions and their return (repayment) ", registered by the Ministry of Justice of the Russian Federation on September 29, 1998 N 1619, on September 11, 2001 N 2934 (" Bulletin of the Bank of Russia "dated October 8, 1998 N 70-71, dated September 19, 2001 N 57-58) (hereinafter - the Regulation of the Bank of Russia N 54-P). Individuals can repay the loan in cash using ATMs.
1.9. On the territory of the Russian Federation, credit institutions (hereinafter referred to as credit institutions - acquirers) carry out settlements with trade (service) organizations for transactions performed using payment cards, and (or) issue cash to payment card holders who are not clients of these credit institutions ( hereinafter - acquiring)<*>.
<*>For reference: the terms "acquirer" and "acquiring" are contained in the Glossary of terms used in payment and settlement systems. // Committee for Payment and Settlement Systems - Bank for International Settlements - March 2003 - P. 7.
1.10. A credit institution has the right to simultaneously issue bank cards, acquire payment cards, and distribute payment cards. The issuance of bank cards, the acquiring of payment cards, as well as the distribution of payment cards are carried out by credit institutions on the basis of intrabank rules developed by the credit institution in accordance with the legislation of the Russian Federation, including this Regulation, other regulations of the Bank of Russia, and the rules of settlement participants containing them. rights, obligations and procedure for settlements between them.
1.11. Intrabank rules are approved by the governing body of the credit institution, authorized to do so by its charter, and must be binding on all employees of the credit institution. Intrabank rules, depending on the specifics of the activities of the credit institution, must contain:
the procedure for the activities of the credit institution related to the issue of bank cards;
the procedure for the activities of the credit institution related to the acquiring of payment cards;
the procedure for the activities of the credit institution related to the distribution of payment cards;
the procedure for the activities of a credit institution when making settlements for transactions performed using payment cards;
a risk management system when carrying out transactions using payment cards, including the procedure for assessing credit risk, as well as preventing risks when using codes, passwords as an analogue of a handwritten signature (hereinafter referred to as HSA), including when processing and recording the verification results of such codes, passwords ;
the procedure for the credit institution in case of loss by the holder of payment cards;
a description of the workflow and technology for processing accounting information on transactions performed using payment cards;
the procedure for storing payment cards before the personalization procedure (hereinafter referred to as non-personalized payment cards) purchased by a credit institution and containing details (name of the issuer, etc.), payment cards after the personalization procedure, as well as an approved list of officials responsible for their storage; the procedure for moving non-personalized payment cards within a credit institution and transferring them for personalization;
the procedure for the provision of funds to the client in the currency of the Russian Federation and in foreign currency for settlements on transactions performed using payment (debit) cards, credit cards, and the procedure for the return of these funds, as well as the procedure for calculating interest on the amounts of funds provided and the procedure for payment their client in accordance with the legislation of the Russian Federation, including regulations of the Bank of Russia and these Regulations;
other procedures governing the issues of settlements for transactions performed using payment cards, including the procedure and terms for submitting an electronic journal to a credit institution.
1.12. The client performs transactions using payment cards, credit cards on a bank account (hereinafter referred to as an account of an individual, individual entrepreneur, legal entity), opened on the basis of a bank account agreement, which provides for transactions using payment cards, credit cards, concluded in accordance with the requirements of the legislation of the Russian Federation (hereinafter referred to as the bank account agreement).
Paragraph 2 - Abolished.
The provisions of this clause do not apply to transactions performed using credit cards when funds are provided to a client without using a bank account in accordance with clause 1.8 of these Regulations.
1.13. A bank account agreement (bank deposit agreement) for transactions using a prepaid card is not concluded.
Funds received by a credit institution from a legal entity, an individual entrepreneur upon refunding a payment (for returned goods, refusal of work, services, results of intellectual activity) made using a prepaid card increase the amount of the credit institution's obligation on the same prepaid card, from the use of which the specified payment was made, within its limit, unless the agreement between the holder - an individual and the credit institution - the issuer provides for a different procedure for the payment of the refundable payment.
1.14. When issuing a payment card, performing transactions using a payment card, a credit institution is obliged to identify its holder in accordance with Article 7 of the Federal Law of August 7, 2001 N 115-FZ "On Counteracting Legalization (Laundering) of Criminally Obtained Incomes and 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, N 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; N 30, art. 4007; N 31, art. 4166; 2011, N 27, art. 3873).
1.15. Specific conditions for the accrual and payment of interest (interest rate, payment terms and other conditions) on the loan provided for settlements on transactions made using payment (debit) cards, credit cards, and on the client's cash balances in his bank account, can be determined in the contract with the client.
Interest on the loan provided for settlements on transactions made using payment (debit) cards, credit cards, and on the balances of funds in the client's bank account is carried out in a manner similar to the procedure established by the Regulation of the Bank of Russia dated June 26, 1998 N 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks", registered by the Ministry of Justice of the Russian Federation on July 23, 1998 N 1565, January 26, 1999 N 1688, December 11, 2007 N 10675 ("Bulletin Bank of Russia of August 6, 1998 N 53-54, of August 28, 1998 N 61, of February 4, 1999 N 7, of December 17, 2007 N 69).
Payment by clients of interest on the loan provided for settlements on transactions made using payment (debit) cards, credit cards, is carried out in a manner similar to the procedure established by clause 3.1 of the Regulation of the Bank of Russia No. 54-P. Individuals can pay interest on the loan provided in cash using ATMs.
Payment by a credit institution of interest accrued on the balances of funds in the client's bank account is carried out on the basis of settlement documents in a non-cash manner by crediting funds to the client's bank account.
2.1. One client account can be used for transactions using several settlement (debit) cards, credit cards issued by the credit institution - the issuer to the client (person authorized by the client).
2.2. Several customer accounts can be used for transactions using one settlement (debit) card or credit card issued by the issuing credit institution to the customer (person authorized by the customer).
2.3. An individual client performs the following operations using a bank card:
receipt of cash in the currency of the Russian Federation or foreign currency on the territory of the Russian Federation;
receipt of cash in foreign currency outside the territory of the Russian Federation;
payment for goods (work, services, results of intellectual activity) in the currency of the Russian Federation on the territory of the Russian Federation, as well as in foreign currency - outside the territory of the Russian Federation;
other transactions in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation does not establish a prohibition (restriction) on their performance;
A client - an individual can carry out, using payment (debit) cards, credit cards, the operations specified in this clause on bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts opened in foreign currency.
A client - an individual who is a resident, can carry out the operations specified in this clause using credit cards at the expense of a loan provided in the currency of the Russian Federation without using a bank account.
A client - an individual can carry out operations specified in this clause using prepaid cards at the expense of funds in the currency of the Russian Federation and (or) in foreign currency contributed for settlements using a prepaid card.
A client - an individual who is a non-resident, can carry out the operations specified in this clause using credit cards at the expense of a loan provided in the currency of the Russian Federation, foreign currency without using a bank account.
2.4. Clients - individuals using payment (debit) cards, credit cards can carry out transactions in a currency different from the account currency, the currency of the loan provided, in the manner and on the terms established in the bank account agreement, loan agreement. Clients - individuals using prepaid cards can carry out transactions in a currency other than the currency of funds contributed for settlements using a prepaid card, in the manner and on terms communicated to clients - individuals in an accessible form, including by placing information at customer service points. Credit institutions - issuers of prepaid cards are recommended to include in the conditions for making settlements using prepaid cards provisions stipulating that changes in the conditions for making settlements (including tariffs) are possible only by agreement with the client. When performing the operations specified in this clause, the currency received by the credit institution - the issuer as a result of the conversion operation is transferred as intended without crediting to the account of the client - an individual.
2.5. A client is a legal entity, an individual entrepreneur carries out the following operations using payment (debit) cards, credit cards:
receipt of cash in the currency of the Russian Federation for making settlements on the territory of the Russian Federation in accordance with the procedure established by the Bank of Russia, related to the activities of a legal entity, an individual entrepreneur, including the payment of travel and entertainment expenses;
payment of expenses in the currency of the Russian Federation related to the activities of a legal entity, an individual entrepreneur, including the payment of travel and entertainment expenses, on the territory of the Russian Federation;
other transactions in the currency of the Russian Federation on the territory of the Russian Federation, in respect of which the legislation of the Russian Federation, including the regulations of the Bank of Russia, does not establish a prohibition (restriction) on their performance;
receipt of cash in foreign currency outside the territory of the Russian Federation to pay for travel and entertainment expenses;
payment of travel and entertainment expenses in foreign currency outside the territory of the Russian Federation;
other operations in foreign currency in compliance with the requirements of the currency legislation of the Russian Federation.
A client - a legal entity, an individual entrepreneur can carry out, using payment (debit) cards, credit cards, the operations specified in this clause on bank accounts opened in the currency of the Russian Federation and (or) on bank accounts opened in foreign currency.
A credit institution - an issuer is obliged to determine the maximum amount of cash in the currency of the Russian Federation that can be issued to a client - a legal entity, an individual entrepreneur within one business day for the purposes specified in this clause. A credit institution - an issuer is recommended to establish for a client - a legal entity, an individual entrepreneur, the possibility of receiving cash in the currency of the Russian Federation for the purposes specified in this paragraph, in an amount not exceeding 100,000 rubles within one operating day.
2.6. Clients - legal entities, individual entrepreneurs using payment (debit) cards, credit cards can carry out transactions in a currency other than the currency of the account of a legal entity, individual entrepreneur, in the manner and on the terms established in the bank account agreement. When performing the operations specified in this clause, the currency received by the credit institution - the issuer as a result of the conversion operation is transferred as intended without crediting to the account of the client - legal entity, individual entrepreneur.
2.7. In the event that there is no or insufficient funds in the bank account when the client performs transactions using a settlement (debit) card, the client may be provided with an overdraft within the limit stipulated in the bank account agreement to carry out this settlement operation, provided there is a corresponding condition in the bank account agreement.
2.8. Credit organizations, when issuing settlement (debit) cards, credit cards, may provide in the bank account agreement, loan agreement a condition on the client's operations using these cards, the amount of which exceeds:
the balance of funds in the client's bank account if the conditions for the overdraft provision are not included in the bank account agreement;
overdraft provision limit;
the limit of the loan provided, specified in the loan agreement.
Settlements for these operations can be carried out by providing the client with a loan in the manner and on the terms stipulated by the bank account agreement or loan agreement, taking into account the norms of this Regulation.
In the absence of a bank account or loan agreement in the agreement of the conditions for providing the client with a loan for the specified operations, the client will repay the debt that has arisen in accordance with the legislation of the Russian Federation.
2.9. The basis for drawing up settlement and other documents to reflect the amounts of transactions performed using payment cards in the accounting of settlement participants is the register of payments or an electronic journal.
The debiting or crediting of funds for transactions performed using payment cards is carried out no later than the working day following the day the payment register or electronic journal is received by the credit institution.
If the register of payments or an electronic journal arrives at a credit institution - issuer (credit institution - acquirer) prior to the day preceding the day of debiting or crediting funds from the correspondent account of the credit institution - issuer (credit institution - acquirer), opened with a credit institution carrying out mutual settlements between settlement participants for transactions using payment cards (settlement agent), or the day of receipt of funds contributed for settlements using a prepaid card, then settlements for transactions performed using payment cards are incomplete until the specified moment from the date of receipt of the register of payments or an electronic journal.
2.10. Clients can carry out transactions using a payment card by means of codes, passwords as part of the procedures for entering them, used as HSA and established by credit institutions in agreements with clients.
3.1. When making a transaction using a payment card, documents are drawn up on paper and (or) in electronic form (hereinafter referred to as a document on transactions using a payment card). A document on transactions using a payment card is the basis for making settlements for these transactions and (or) serves as confirmation of their completion.
3.2. When drawing up a document on transactions using a payment card, HSA can be used. The use of HSA by credit institutions and clients is carried out in accordance with the legislation of the Russian Federation and the agreement between the credit institution and the client.
3.3. A document on transactions using a payment card must contain the following mandatory details:
identifier of an ATM, electronic terminal or other technical means intended for performing transactions using payment cards;
type of operation;
transaction date;
the amount of the transaction;
transaction currency;
the amount of the commission (in the case of non-collection of the commission, the credit organization - the acquirer informs the holder of the payment card with a corresponding inscription about his absence);
payment card details.
A document on transactions using a payment card on paper must additionally contain the signature of the holder of the payment card and the signature of the cashier, if it is drawn up in a credit institution and its structural divisions in the premises for performing transactions with valuables, as well as in the postal service that carries out transactions using payment cards in accordance with Article 18 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication" (Collected Legislation of the Russian Federation, 1999, N 29, Art. 3697; 2003, N 28, Art. 2895; 2004 , No. 35, Art. 3607; 2007, No. 27, Art. 3213; 2008, No. 29, Art. 3418; 2008, No. 30, Art. 3616; 2009, No. 26, Art. 3122) (hereinafter - the point of issue of cash (PVN).
In the case of using the TSA when drawing up a document on transactions using a payment card in the PPS, the requirements for the presence of the signature of the holder of the payment card and the signature of the cashier are considered fulfilled with respect to a copy of the specified document drawn up on paper.
3.4. A document on transactions using a payment card may contain additional details established by the rules of settlement participants or internal bank rules.
3.5. If a document on transactions using a payment card is drawn up without performing the authorization procedure, but at the same time an obligation of the issuer to the acquirer to execute this document arises, the authorization code is not indicated in it.
3.6. The mandatory document details specified in clause 3.3 of this Regulation on transactions using dated April 24, 2008 N 318-P"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", registered by the Ministry of Justice of the Russian Federation on May 26, 2008 N 11751, March 23, 2010 N 16687, June 1, 2011 20919 ("Bank of Russia Bulletin" dated June 6, 2008 No. 29-30, dated March 31, 2010 No. 18, dated June 16, 2011 No. 32) (hereinafter referred to as the Bank of Russia Regulation No. 318-P), the Bank of Russia instruction dated August 14, 2008 N 2054-U "On the procedure for conducting cash transactions with foreign currency in authorized banks in the Russian Federation", registered by the Ministry of Justice of the Russian Federation on August 25, 2008 N 12166, April 22, 2011 N 20550 ("Bulletin of the Bank of Russia "dated August 27, 2008 N 46, dated April 27, 2011 N 22) (hereinafter - Ordinance of the Bank of Russia N 2054-U), at the time of the transaction using a payment card or for the total amount of transactions performed using payment cards, upon completion of these operations.
In the case of operations specified in the Bank of Russia Instruction of September 16, 2010 N 136-I "On the procedure for authorized banks (branches) to carry out certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on October 1, 2010 N 18595 (" Bank of Russia Bulletin "dated October 6, 2010 N 55) (hereinafter - Bank of Russia Instruction N 136-I), must a document confirming the performance of operations with foreign currency in cash and checks, and the Register of operations with cash foreign currency and checks, provided for by the Bank of Russia Instruction N 136-I, should be drawn up.
It does not work Edition from 24.12.2004
| Name document | "REGULATIONS ON THE ISSUE OF BANK CARDS AND ON OPERATIONS MADE WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on 24.12.2004 N 266-P) |
| Type of document | position |
| Host body | TSB RF |
| Document Number | 266-P |
| Date of adoption | 01.01.1970 |
| Date of revision | 24.12.2004 |
| Registration number in the Ministry of Justice | 6431 |
| Date of registration with the Ministry of Justice | 25.03.2005 |
| Status | It does not work |
| Publication |
|
| Navigator | Notes (edit) |
"REGULATIONS ON THE ISSUE OF BANK CARDS AND ON OPERATIONS MADE WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on 24.12.2004 N 266-P)
This Regulation was developed on the basis of part two of the Civil Code of the Russian Federation (Collected Legislation of the Russian Federation, 1996, N 5, Art.410; N 34, Art. 4025; 1997, N 43, Art. 4903; 1999, N 51, Art. 6228 ; 2002, N 48, Art. 4737; 2003, N 2, Art. 160, 167; N 13, Art. 1179; N 46 (part I), Art. 4434; N 52 (part I), Art. 5034) , Federal Law "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 (Part I), Art. 5032; 2004 , N 27, Art. 2711; N 31, Art. 3233), Federal Law "On Banks and Banking Activities" (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Collected Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, 3469; 2001, N 26, Art. 2586; N 33 (part I), Art. 3424; 2002 , No. 12, Art. 1093; 2003, No. 27 (Part I), Art. 2700; No. 50, Art. 4855; No. 52 (Part I), Art. 5033, Art. 5037; 2 004, N 27, Art. 2711; 31, Art. 3233), the Federal Law "On Currency Regulation and Currency Control" (Collected Legislation of the Russian Federation, 2003, No. 50, Art. 4859; 2004, No. 27, Art. 2711) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board directors of the Bank of Russia dated December 17, 2004 N 31) establishes the procedure for issuing bank cards in the Russian Federation (hereinafter referred to as the issue of bank cards) by credit institutions (hereinafter referred to as credit institutions - issuers) and the specifics of credit institutions' operations with payment cards, the issuer of which may be a credit institution or a legal entity that is not a credit institution.
Chapter 1. General Provisions
1.1. This Regulation applies to credit institutions, with the exception of non-bank credit institutions engaged in deposit and credit operations.
1.2. The requirements of this Regulation do not apply to cards issued by issuers that are not credit institutions intended to receive prepaid goods (works, services, results of intellectual activity) by individuals, legal entities and individual entrepreneurs.
1.3. The following terms are used in this Regulation:
ATM - an electronic software and hardware complex designed to carry out operations for issuing (accepting) cash without the participation of an authorized employee of a credit institution, including using payment cards, and transmitting orders of a credit institution to transfer funds from a bank account (deposit account) the client, as well as for the preparation of documents confirming the relevant operations;
personalization - the procedure for applying to the payment card and (or) recording in the memory of the microprocessor, on the magnetic stripe of the payment card, the information provided for by the rules of the settlement participants;
register of payments for transactions using payment cards (hereinafter - the register of payments) - a document or a set of documents containing information on transactions performed using payment cards for a certain period of time, drawn up by a legal entity or its structural unit that collects, processes and sends out to participants settlements - to credit institutions information on transactions with payment cards (processing center), and provided in electronic form and (or) on paper;
electronic journal - a document or a set of documents in electronic form, generated for a certain period of time when performing transactions using an ATM and (or) an electronic terminal.
1.4. On the territory of the Russian Federation, credit institutions - issuers issue bank cards, which are a type of payment cards as a non-cash settlement instrument intended for individuals, including authorized legal entities (hereinafter referred to as holders), to carry out transactions with funds held by the issuer in in accordance with the legislation of the Russian Federation and the agreement with the issuer.
1.5. A credit institution has the right to issue bank cards of the following types: payment cards, credit cards and prepaid cards.
The payment card is intended for the performance of transactions by its holder within the limits of the amount of funds (spending limit) established by the issuer, the settlements on which are carried out at the expense of the customer's funds in his bank account, or a loan provided by the issuing credit institution to the customer in accordance with with a bank account agreement in case of insufficient or lack of funds in the bank account (overdraft).
A credit card is intended for its holder to perform transactions, settlements for which are carried out at the expense of funds provided by the issuing credit institution to the client within the established limit in accordance with the terms of the loan agreement.
The prepaid card is intended for its holder to perform transactions, settlements for which are carried out by the credit institution - the issuer on its own behalf, and certifies the right of the holder of the prepaid card to claim the credit institution - the issuer to pay for goods (work, services, results of intellectual activity) or to issue cash ...
1.6. A credit institution (except for a settlement non-bank credit institution) issues payment cards and credit cards for individuals, legal entities and individual entrepreneurs, prepaid cards - for individuals. Settlement non-bank credit institution issues payment cards for legal entities and individual entrepreneurs, prepaid cards - for individuals.
The issuance of bank cards for individuals, individual entrepreneurs, legal entities is carried out by a credit institution on the basis of an agreement providing for the performance of transactions using bank cards. The issue of payment cards and credit cards intended for performing transactions related to the credit institution's own economic activities is carried out on the basis of an order of the sole executive body of the credit institution.
1.7. A credit institution has the right to issue bank cards of other credit institutions - issuers and payment cards of issuers - foreign legal entities that are not foreign banks on the territory of the Russian Federation (hereinafter referred to as distribution of payment cards).
1.8. The specific conditions for the provision of funds for settlements on transactions made using payment cards, credit cards, the procedure for returning the funds provided, as well as the accrual and payment of interest on these funds may be determined in an agreement with the client.
The provision of funds to clients by a credit institution for settlements on transactions made using payment cards, credit cards is carried out by crediting the indicated funds to the clients' bank accounts. The fulfillment of obligations to return the funds provided and to pay interest on them is carried out by clients in a non-cash manner by writing off or transferring the indicated funds from the bank accounts of clients opened in a credit institution - issuer or other credit institution, as well as in cash through the cash desk and (or) ATM - by customers - individuals.
Provision by a credit institution to a non-resident client of funds in the currency of the Russian Federation for settlements on transactions made using payment cards, credit cards, by crediting these funds to the bank accounts of non-resident clients, is carried out without using a special bank account of the non-resident client.
1.9. On the territory of the Russian Federation, credit institutions (hereinafter referred to as credit institutions - acquirers) carry out settlements with trade (service) organizations for transactions performed using payment cards, and (or) issue cash to payment card holders who are not clients of these credit institutions ( hereinafter - acquiring)<*>.
<*>For reference: the terms "acquirer" and "acquiring" are contained in the Glossary of terms used in payment and settlement systems. // Committee for Payment and Settlement Systems - Bank for International Settlements - March 2003 - P. 7.
1.10. A credit institution has the right to simultaneously issue bank cards, acquire payment cards, and distribute payment cards. The issuance of bank cards, the acquiring of payment cards, as well as the distribution of payment cards are carried out by credit institutions on the basis of intrabank rules developed by the credit institution in accordance with the legislation of the Russian Federation, including this Regulation, other regulations of the Bank of Russia, and the rules of settlement participants containing them. rights, obligations and procedure for settlements between them.
1.11. Intrabank rules are approved by the governing body of the credit institution, authorized to do so by its charter, and must be binding on all employees of the credit institution. Intrabank rules, depending on the specifics of the activities of the credit institution, must contain:
the procedure for the activities of the credit institution related to the issue of bank cards;
the procedure for the activities of the credit institution related to the acquiring of payment cards;
the procedure for the activities of the credit institution related to the distribution of payment cards;
the procedure for the activities of a credit institution when making settlements for transactions performed using payment cards;
a risk management system for transactions using payment cards, including the procedure for assessing credit risk;
the procedure for the credit institution in case of loss by the holder of payment cards;
a description of the workflow and technology for processing accounting information on transactions performed using payment cards;
the procedure for storing payment cards before the personalization procedure (hereinafter referred to as non-personalized payment cards) purchased by a credit institution and containing details (name of the issuer, etc.), payment cards after the personalization procedure, as well as an approved list of officials responsible for their storage; the procedure for moving non-personalized payment cards within a credit institution and transferring them for personalization;
the procedure for the provision of funds to the client in the currency of the Russian Federation and in foreign currency for settlements on transactions made using payment cards, credit cards, and the procedure for the return of these funds, as well as the procedure for calculating interest on the amounts of funds provided and the procedure for paying them by the client in in accordance with the legislation of the Russian Federation, including regulations of the Bank of Russia and these Regulations;
other procedures governing the issues of settlements for transactions performed using payment cards.
1.12. The client performs transactions using payment cards, credit cards on a bank account (hereinafter referred to as an account of an individual, individual entrepreneur, legal entity), opened on the basis of a bank account agreement, which provides for transactions using payment cards, credit cards, concluded in accordance with the requirements of the legislation of the Russian Federation (hereinafter referred to as the bank account agreement).
A non-resident client performs transactions using payment cards, credit cards on a bank account that is not a special bank account opened in the currency of the Russian Federation on the basis of a bank account agreement.
1.13. When a client - an individual performs transactions using a prepaid card, a bank account agreement (bank deposit agreement) is not concluded with an individual.
1.14. When performing transactions using a payment card, a credit institution is obliged to identify its holder in accordance with paragraph 1 of Article 7 of the Federal Law "On Counteracting Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism" (Collected Legislation of the Russian Federation, 2001, No. 33 ( Part I), art. 3418; 2002, N 44, art. 4296) in the manner established by the Regulation of the Bank of Russia dated August 19, 2004 N 262-P "On the identification of customers and beneficiaries by credit institutions in order to counter the legalization (laundering) of income, obtained by criminal means, and the financing of terrorism ", registered by the Ministry of Justice of the Russian Federation on September 6, 2004 N 6005 (" Bulletin of the Bank of Russia "dated September 10, 2004 N 54).
Chapter 2. Operations performed using payment cards2.1. One client's account can be used for transactions using several payment cards, credit cards issued by the credit institution - the issuer to the client (a person authorized by the client).
2.2. Several customer accounts can be used for transactions using one payment card or credit card issued by the issuing credit institution to the customer (a person authorized by the customer).
2.3. An individual client performs the following operations using a bank card:
receipt of cash in the currency of the Russian Federation or foreign currency on the territory of the Russian Federation;
receipt of cash in foreign currency outside the Russian Federation;
payment for goods (work, services, results of intellectual activity) in the currency of the Russian Federation on the territory of the Russian Federation, as well as in foreign currency - outside the territory of the Russian Federation;
other transactions in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation does not establish a prohibition (restriction) on their performance;
A client - an individual can carry out the operations specified in this clause using payment cards, credit cards, on bank accounts opened in the currency of the Russian Federation and (or) on bank accounts opened in foreign currency.
A client - an individual can carry out operations specified in this clause using prepaid cards at the expense of funds in the currency of the Russian Federation and (or) in foreign currency contributed for settlements using a prepaid card.
2.4. Clients - individuals using bank cards can carry out transactions in a currency other than the currency of an individual's account, the currency of funds deposited for settlements using a prepaid card, in the manner and on the terms established in the bank account agreement (an agreement providing for transactions with using prepaid cards). When performing the operations specified in this clause, the currency received by the credit institution - the issuer as a result of the conversion operation is transferred as intended without crediting to the account of the client - an individual.
2.5. A client is a legal entity, an individual entrepreneur carries out the following operations using payment cards, credit cards:
receipt of cash in the currency of the Russian Federation for making settlements in the Russian Federation in accordance with the procedure established by the Bank of Russia, related to economic activities, including the payment of travel and entertainment expenses;
payment of expenses in the currency of the Russian Federation related to economic activities, including the payment of travel and entertainment expenses, on the territory of the Russian Federation;
other transactions in the currency of the Russian Federation on the territory of the Russian Federation, in respect of which the legislation of the Russian Federation, including the regulations of the Bank of Russia, does not establish a prohibition (restriction) on their performance;
receipt of cash in foreign currency outside the territory of the Russian Federation to pay for travel and entertainment expenses;
payment of travel and entertainment expenses in foreign currency outside the territory of the Russian Federation;
other operations in foreign currency in compliance with the requirements of the currency legislation of the Russian Federation.
A client - a legal entity, an individual entrepreneur can carry out, using payment cards, credit cards, the operations specified in this clause on bank accounts opened in the currency of the Russian Federation and (or) on bank accounts opened in foreign currency.
2.6. Clients - legal entities, individual entrepreneurs using payment cards, credit cards can carry out transactions in a currency different from the currency of the account of a legal entity, individual entrepreneur, in the manner and on the terms established in the bank account agreement. When performing the operations specified in this clause, the currency received by the credit institution - the issuer as a result of the conversion operation is transferred as intended without crediting to the account of the client - legal entity, individual entrepreneur.
2.7. If there is no or insufficient funds in the bank account when the client performs transactions using a payment card, the client may be provided with an overdraft within the limit stipulated in the bank account agreement to carry out this settlement operation, provided there is a corresponding condition in the bank account agreement.
2.8. Credit organizations, when issuing payment cards, credit cards, may stipulate in the bank account agreement, loan agreement a condition for the client to carry out transactions using these cards, the amount of which exceeds:
the balance of funds in the client's bank account if the conditions for the overdraft provision are not included in the bank account agreement;
overdraft provision limit;
the limit of the loan provided, specified in the loan agreement.
Settlements for these operations can be carried out by providing the client with a loan in the manner and on the terms stipulated by the bank account agreement or loan agreement, taking into account the norms of this Regulation.
In the absence of a bank account or loan agreement in the agreement of the conditions for providing the client with a loan for the specified operations, the client will repay the debt that has arisen in accordance with the legislation of the Russian Federation.
2.9. The basis for drawing up settlement and other documents to reflect the amounts of transactions performed using payment cards in the accounting of settlement participants is the register of payments or an electronic journal.
The debiting or crediting of funds for transactions performed using payment cards is carried out no later than the working day following the day the payment register or electronic journal is received by the credit institution.
If the register of payments or an electronic journal arrives at a credit institution - issuer (credit institution - acquirer) prior to the day preceding the day of debiting or crediting funds from the correspondent account of the credit institution - issuer (credit institution - acquirer), opened with a credit institution carrying out mutual settlements between settlement participants for transactions using payment cards (settlement agent), or the day of receipt of funds contributed for settlements using a prepaid card, then settlements for transactions performed using payment cards are incomplete until the specified moment from the date of receipt of the register of payments or an electronic journal.
Chapter 3. Documents on transactions performed using payment cards3.1. When making a transaction using a payment card, documents are drawn up on paper and (or) in electronic form (hereinafter referred to as a document on transactions using a payment card). A document on transactions using a payment card is the basis for making settlements for these transactions and (or) serves as confirmation of their completion.
3.2. When drawing up a document on transactions using a payment card, analogs of a handwritten signature (hereinafter - HSA) can be used. The use of HSA by credit institutions and clients is carried out in accordance with the legislation of the Russian Federation and the agreement between the credit institution and the client.
3.3. A document on transactions using a payment card must contain the following mandatory details:
identifier of an ATM, electronic terminal or other technical means intended for performing transactions using payment cards;
type of operation;
transaction date;
the amount of the transaction;
transaction currency;
the amount of the commission (if any);
payment card details.
A document on transactions using a payment card on paper must additionally contain the signature of the holder of the payment card and the signature of the cashier when it is drawn up in the room for performing transactions with the values of the credit institution and its structural divisions, as well as in the organization and its structural divisions that carry out acceptance operations or the issuance of cash using payment cards in cases stipulated by the legislation of the Russian Federation (hereinafter referred to as the cash withdrawal point (CDP)).
In the case of using the TSA when drawing up a document on transactions using a payment card in the PPS, the requirements for the presence of the signature of the holder of the payment card and the signature of the cashier are considered fulfilled with respect to a copy of the specified document drawn up on paper.
3.4. A document on transactions using a payment card may contain additional details established by the rules of settlement participants or internal bank rules.
3.5. If a document on transactions using a payment card is drawn up without performing the authorization procedure, but at the same time an obligation of the issuer to the acquirer to execute this document arises, the authorization code is not indicated in it.
3.6. The mandatory details of the document on transactions using a payment card specified in clause 3.3 of this Regulation must contain signs that allow to reliably establish a correspondence between the details of a payment card and the corresponding account of an individual, legal entity, individual entrepreneur, as well as between identifiers of trade organizations (services), PVN , ATMs and bank accounts of trade organizations (services), PVN, ATMs.
3.7. A document on transactions using a payment card is drawn up in the number of copies established by the intrabank rules or the rules of settlement participants.
3.8. When issuing or accepting cash in the currency of the Russian Federation or in a foreign currency using payment cards, a credit institution's cash register, in addition to documents for transactions using payment cards, may be issued receipt (debit) cash orders provided for by the Regulation of the Bank of Russia dated October 9, 2002 N 199-P "On the Procedure for Conducting Cash Transactions in Credit Institutions on the Territory of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on November 25, 2002 N 3948; January 6, 2004 N 5378; June 15, 2004 N 5844 ("Bulletin of the Bank of Russia" dated December 10, 2002 N 66; dated January 14, 2004 N 2, N 3; dated June 17, 2004 N 35) (hereinafter referred to as the Bank of Russia Regulation N 199-P), as well as a document must be drawn up confirming the conduct of operations with cash currency and checks, and the Register of operations with cash currency and checks, provided for by the Instruction of the Bank of Russia of April 28, 2004 N 113-I "On the procedure for opening, closing, organizing the work of exchange offices and the procedure for banks of certain types of banking operations and other transactions with foreign currency in cash and the currency of the Russian Federation, checks (including traveller's checks), the face value of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on June 2, 2004 N 5824 ("Bulletin of the Bank of Russia" dated June 9, 2004 N 33) (hereinafter referred to as Instruction of the Bank of Russia N 113-I).
The register of operations with cash currency and checks, as well as a document confirming operations with cash currency and checks, provided for by the Instruction of the Bank of Russia N 113-I, are not drawn up when issuing (accepting) a credit institution's cash register to individuals - individuals (from clients - individuals persons) using payment cards of cash in the currency of the Russian Federation from accounts (to accounts) in the currency of the Russian Federation
On the website "Zakonbase" you will find "REGULATIONS ON THE ISSUE OF BANK CARDS AND ON OPERATIONS MADE WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on 24.12.2004 N 266-P) in a fresh and full version, in which all changes and amendments have been made. This guarantees the relevance and accuracy of the information.
At the same time, you can download the "REGULATIONS ON THE EMISSION OF BANK CARDS AND ON OPERATIONS MADE WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on 24.12.2004 N 266-P) completely free of charge, both in full and in separate chapters.
Regulation of the Central Bank of the Russian Federation of December 24, 2004 No. 266-P"On the issue of bank cards and on transactions made using payment cards" regulates issues in this area of banking.
The Regulation gives definitions of credit, payment and prepaid cards, establishes a list of operations that can be carried out by individuals, organizations and individual entrepreneurs using bank cards, regulates the composition and content of documents related to card transactions.
A payment (debit) card is used to carry out transactions within the spending limit - the holder's own funds and overdraft. A credit card is used to carry out transactions at the expense of funds provided by the issuing bank in accordance with the terms of the loan agreement. The prepaid card is used to make transfers and return the balance within the amount of funds previously provided by the holder to the bank.
The issuance, acquiring and distribution of payment cards is carried out by banks on the basis of internal rules developed in accordance with Russian legislation, this Regulation and other regulations of the Bank of Russia, as well as the rules of payment systems.
An individual carries out the following operations using a bank card:
- receiving cash in rubles and foreign currency on the territory of Russia;
- receiving cash in foreign currency outside of Russia;
- non-cash payment for goods, works and services in rubles on the territory of Russia and in foreign currency abroad;
- other operations in rubles, in respect of which prohibitions (restrictions) are not established by the Russian legislation;
A legal entity and an individual entrepreneur carry out the following operations using cards:
- receipt of cash for settlements and non-cash payment of expenses in rubles related to their activities in Russia;
- other operations in rubles for which no prohibitions (restrictions) are established;
- receipt of cash in foreign currency outside the territory of Russia to pay for travel and entertainment expenses, non-cash payment of these expenses;
- other operations in foreign currency in compliance with the requirements of the currency legislation of the Russian Federation.
The issuing bank is obliged to determine the maximum amount of cash in rubles that can be issued to a legal entity and an individual entrepreneur during an operating day. At the same time, banks are recommended to set this amount at 100 thousand rubles.
When making a transaction using a payment card, a document is drawn up in paper and / or electronic form, which is the basis for making settlements and / or serves as confirmation of their completion. A document on a transaction using a payment card must contain the following details:
- the identifier of the ATM, terminal or other device in which the operation was performed;
- type of operation and date of its completion;
- amount and currency of the transaction;
- the amount of the commission, in its absence, a corresponding inscription is put down;
- authorization code;
- payment card details.
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Andrey Zverev appointed Deputy Chairman of the Board of Primorye Design Bureau
Andrey Zverev, who joined the team of the credit and financial structure about 15 years ago, has been appointed deputy head of the board and head of the financial department of Primorye Bank. In his new capacity, the top manager is expected to take active steps to maintain the bank's financial stability. Andrey Zverev, in particular, will
05 June 2019Who's better
Russian Standard is one of the largest acquirers in Europe
The Nilson Report has presented a rating of the largest acquiring companies in Europe. Russian Standard Bank is in the 43rd position in the ranking list. In Russia, the financial structure is included in the TOP-5 rating of the largest acquirers, leading in this list among private banking structures.
May 31, 2019Financial results
Renaissance Credit earned 2.3 billion rubles in the first quarter.
According to the results of January-March of this year, the net profit of Renaissance Credit Bank reached 2.3 billion rubles. The indicator increased by about 100 million relative to the financial results of the first quarter of 2018. The bank's operating income for 3 months grew by 2.5% compared to the data of January-March last year, operating expenses decreased by almost
20 May 2019Changing rates
UBRD increased the attractiveness of the "Mobile" deposit
The marginal rate of return on the "Mobile" deposit was raised by UBRR to 6.7 percentage points. The rate is provided on condition of opening a deposit in an online or mobile bank and connecting the paid service package "Everything is under control."
19 Apr 2019New Product
Far Eastern Bank wishes everyone "Spring mood"
PJSC "Far East Bank" presented 2 new promotional deposit products. The rate of return on the "Spring Mood" deposit reaches 7.5% per annum, on the "Spring Mood Online" deposit - 7.6 percentage points. The first deposit is made out in the physical offices of the credit and financial structure, the second - through the channels of a remote banking
16 Apr 2019
Topical
MFO mobile applications rating
About half of applications for microloans are submitted from smartphones and tablets. Users are attracted by the ease of use and quick approval from the MFI. We will tell you which mobile applications you should pay attention to below.
For legal entities
Acquiring at Alfa-Bank
Alfa-Bank promises a 30% increase in trade turnover for those who will accept plastic cards to pay for goods and services. In this article, we will tell you about the main characteristics of acquiring from Alfa-Bank.
Good advice
Review of credit cards of MTS Bank
The line of credit cards issued by MTS Bank is represented by five products. We will tell you about what credit cards you can get in this financial institution, about their functional and cost characteristics, and the procedure for issuing them in this article.
Good advice
Which bank is better to take out a mortgage?
Choosing a bank for a mortgage loan is not an easy task even for experienced borrowers. What criteria should you pay attention to in the first place and how to correctly assess your own capabilities so that the process of obtaining and paying off a mortgage is as comfortable as possible?
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