Settlements between organizations and SP. Settlements using an electronic means of payment

1. The use of electronic means of payment is carried out on the basis of an agreement on the use of an electronic means of payment concluded by a money transfer operator with a client, as well as agreements concluded between money transfer operators.

2. The money transfer operator has the right to refuse the client to conclude an agreement on the use of an electronic means of payment.

3. Before concluding an agreement with the client on the use of an electronic means of payment, the money transfer operator is obliged to inform the client about the conditions for using the electronic means of payment, in particular about any restrictions on the methods and places of use, cases of increased risk of using an electronic means of payment.

4. The money transfer operator is obliged to inform the client about the completion of each transaction using the electronic means of payment by sending the client a corresponding notification in the manner prescribed by the agreement with the client.

5. The money transfer operator is obliged to ensure that the client can send him a notification of the loss of an electronic means of payment and (or) its use without the client's consent.

6. The money transfer operator is obliged to record the notifications sent to the client and received from the client, as well as to keep the relevant information for at least three years.

7. The money transfer operator is obliged to provide the client with documents and information related to the client's use of his electronic means of payment, in the manner prescribed by the agreement.

8. The money transfer operator is obliged to consider the client's applications, including in the event of disputes related to the client's use of his electronic means of payment, as well as provide the client with the opportunity to receive information on the results of the consideration of applications, including in writing at the client's request, within the period established by the agreement, but not more than 30 days from the date of receipt of such applications, and also not more than 60 days from the date of receipt of applications in the case of using an electronic means of payment for cross-border transfer of funds.

9. The client's use of an electronic means of payment may be suspended or terminated by the money transfer operator on the basis of a notification received from the client or on the initiative of the money transfer operator if the client violates the procedure for using the electronic means of payment in accordance with the agreement.

9.1. In cases where the money transfer operator detects transactions that correspond to the signs of a money transfer without the client's consent, the money transfer operator suspends the client's use of an electronic means of payment and takes the actions provided for in parts 5.1 - 5.3 of Article 8 in relation to reducing the balance of the payer's electronic money of this Federal Law. Upon receipt from the client of confirmation of the renewal of the execution of the order specified in Clause 2 of Part 5.2 of Article 8 of this Federal Law, the money transfer operator shall immediately resume the use of the electronic means of payment by the client. If the client does not receive confirmation of the renewal of the execution of the order specified in Clause 2 of Part 5.2 of Article 8 of this Federal Law, the money transfer operator resumes the use of the electronic means of payment by the client upon the expiration of two business days after the day he performed the actions provided for in Part 5.1 of Article 8

10. Suspension or termination of the client's use of an electronic means of payment does not terminate the client's and the operator's obligations to transfer funds that arose prior to the suspension or termination of said use.

11. In case of loss of an electronic means of payment and (or) its use without the client's consent, the client is obliged to send a corresponding notification to the money transfer operator in the form stipulated by the agreement immediately after discovering the fact of the loss of the electronic means of payment and (or) using it without the client's consent, but no later than the day following the day of receipt of a notification of the completed transaction from the money transfer operator.

11.1. Upon receipt from a client - a legal entity of the notification specified in Part 11 of this Article, after debiting funds from the client's bank account, the money transfer operator serving the payer is obliged to immediately send the money transfer operator serving the recipient of funds a notice of suspension crediting funds to the bank account of the recipient of funds or increasing the balance of electronic funds of the recipient of funds (hereinafter - the notice of suspension) in the form and in the manner established by a regulatory act of the Bank of Russia.

11.2. If a notice of suspension is received from the money transfer operator serving the payer until funds are credited to the recipient's bank account or the recipient's electronic money balance increases, the money transfer operator serving the recipient is obliged to suspend for a period of up to five business days from the date of receipt of such notification, crediting funds to the bank account of the recipient of funds in the amount of the money transfer or increasing the balance of the recipient's electronic money by the amount of the electronic money transfer and immediately notify the recipient of funds in accordance with the procedure established by the agreement concluded with the recipient of funds, on the suspension of the crediting of funds or an increase in the balance of electronic funds and the need to submit, within the specified period, documents confirming the validity of receiving the transferred funds from funds or electronic funds.

11.3. If, within five working days from the date of the execution by the money transfer operator serving the recipient of funds, the actions provided for in part 11.2 of this article, the recipient of the funds submits documents confirming the validity of receipt of the transferred funds or electronic funds, the money transfer operator, serving the recipient of funds is obliged to transfer funds to the bank account of the recipient of funds or increase the balance of electronic funds of the recipient of funds.

11.4. If, within five working days from the date of the execution by the money transfer operator serving the recipient of funds, the actions provided for in part 11.2 of this article, the recipient of the funds does not submit documents confirming the validity of the receipt of the transferred funds or electronic funds, the money transfer operator, serving the recipient of funds is obliged to return funds or electronic funds to the money transfer operator serving the payer no later than two working days after the expiration of the specified five-day period. The money transfer operator serving the payer is obliged to transfer funds to the payer's bank account or increase the payer's electronic money balance by the amount of their return made by the money transfer operator serving the payee no later than two days from the date of their receipt.

11.5. In the event that a notice of suspension is received from the money transfer operator serving the payer after the funds are credited to the recipient's bank account or the recipient's electronic money balance increases, the money transfer operator serving the recipient is obliged to send the money transfer operator serving the payer, notification of the impossibility of suspending the transfer of funds to the recipient's bank account or suspending the increase in the recipient's electronic money balance in the form and in the manner established by a regulatory act of the Bank of Russia. The money transfer operator is not liable to the client for losses incurred as a result of the proper fulfillment of the requirements provided for in paragraphs 11.2 - 11.4 of this article.

14. If the money transfer operator fulfills the obligation to inform the client about the transaction performed in accordance with part 4 of this article and the client has not sent the money transfer operator a notification in accordance with part 11 of this article, the money transfer operator does not is obliged to reimburse the client for the amount of the operation performed without the client's consent.

15. In the event that a money transfer operator fulfills the obligation to notify a client - an individual about a transaction performed in accordance with part 4 of this article and the client - an individual has sent a notification to the money transfer operator in accordance with part 11 of this article, the operator for the transfer of funds must reimburse the client for the amount of the specified operation performed without the consent of the client before the client - an individual sends a notification. In this case, the money transfer operator is obliged to reimburse the amount of the transaction performed without the client's consent, unless he proves that the client violated the procedure for using the electronic means of payment, which entailed the transaction without the consent of the client - an individual.

16. The provisions of part 15 of this article regarding the obligation of the operator to transfer funds to reimburse the amount of an operation performed without the consent of the client before the client - an individual sends a notification, do not apply in the case of an operation using the client - an individual of the electronic means of payment provided for in part 4 of Article 10 of this Federal Law.

Organizations settle among themselves by electronic means without presenting them. What applies to electronic means of payment and whether it is necessary to use CCP in such cases - read the article.

Question: How can one interpret in practice the phrase "not to present an electronic means of payment" from the law: clause 9. Cash registers are not used when making settlements using an electronic means of payment without its presentation between organizations and (or) individual entrepreneurs. Article 2. Features of the use of cash registers Federal Law No. 54-FZO of 05/22/2003 on the use of cash registers when making cash settlements and (or) settlements using electronic means of payment

Answer: Cash register equipment is not needed if organizations, entrepreneurs settle among themselves by electronic means, without presenting them (,).

According to the Law of June 27, 2011 No. 161-FZ « electronic means of payment - a means and (or) method that allows the client of the money transfer operator to draw up, certify and transmit instructions for the purpose of transferring funds within the framework of the applied forms of non-cash payments using information and communication technologies, electronic media, including payment cards, as well as other technical devices ”.

For example, payment for goods via the Internet using the Bank-client system.

Justification

In what cases it is necessary to apply CCP

Situation: whether it is necessary to apply CCP for non-cash payments with citizens. Buyers pay bills through a bank without payment cards

Yes need.

Organizations and entrepreneurs should apply CCP for settlements in Russia. Cashless payments with citizens are no exception.

All cases when the CCP can not be applied are listed in the Law of May 22, 2003 No. 54-FZ. In particular, cash registers are not needed if organizations, entrepreneurs settle among themselves by electronic means, without presenting them (clause 9 of article 2 of the Law of May 22, 2003 No. 54-FZ, part 19 of article 3 of the Law of June 27, 2011 No. 161-FZ). *

A non-cash payment of a citizen through a bank on an account, receipt or payment order without a card is also an electronic means of payment. At the same time, it does not matter where the citizen made the payment, directly at the bank or through his personal account to the bank account. Therefore, organizations and entrepreneurs who accept such payments are required to apply the CCP. Punch the cashier's check when you receive a payment advice from the bank. The Ministry of Finance of Russia clarified this in a letter dated April 28, 2017 No. 03-01-15 / 26324.

All cases when you can work without a CCP

Federal Law of June 27, 2011 No. 161-FZ "On the National Payment System"

Organizations or individual entrepreneurs making settlements by means of electronic means of payment (except for payment cards), the use of which currently does not provide for the use of CRE, are required to apply it after July 1, 2018 ().

Recall that the CCP is used on the territory of the Russian Federation on a mandatory basis by all organizations and individual entrepreneurs when they carry out settlements, with the exception of cases established by law (clause 1 of article 1.2 of the Federal Law of May 22, 2003 No. 54-FZ ""; hereinafter - Law No. 54-FZ).

So, settlements mean the acceptance or payment of funds using cash or electronic means of payment for goods sold, work performed, services rendered, acceptance of bets and payment of funds in the form of a win in the implementation of activities for the organization and conduct of gambling, as well as receiving money funds for the sale of lottery tickets, electronic lottery tickets, acceptance of lottery bets and payment of funds in the form of a prize in the implementation of activities for the organization and conduct of lotteries ().

In turn, an electronic means of payment is a means or method that allows a client of a money transfer operator to draw up, certify and transmit orders in order to transfer funds within the framework of the applied forms of non-cash payments using information and communication technologies, electronic media, including the number of payment cards, as well as other technical devices (clause 19 of article 3 of the Federal Law of June 27, 2011 No. 161-FZ ""). An example is the "e-wallet".

At the same time, when paying for goods by transferring funds within the framework of the applicable forms of non-cash settlements, the consumer's obligations to the seller to pay for the goods are considered fulfilled in the amount specified in the order for the transfer of funds, from the moment of confirmation of its execution by the credit institution serving the consumer (clause 3 Article 16.1 of the Federal Law of February 7, 1992 No. 2300-1 "").

Thus, when calculating by electronic means of payment, including those that exclude the possibility of direct interaction between the buyer and the user or a person authorized by him, the user must apply the CCP from the moment the credit institution confirms the execution of the order to transfer electronic means of payment.

At the same time, CRE is not applied when making settlements using an electronic means of payment without its presentation between organizations or individual entrepreneurs ().

The right not to apply the CRE is reserved for organizations and individual entrepreneurs that carry out settlements of this kind until July 1, 2018 (part 9 of article 7 of the Federal Law of July 3, 2016 No. 290-FZ "On Amendments to the Federal Law" On the Application cash register equipment at ").

In addition, it should be borne in mind that the version that was in force before the date of entry into force of Federal Law No. 290-FZ did not contain provisions exempting CCP users from the use of CRE when making settlements using such an electronic means of payment as a payment card.

The answer to the question "What is an electronic means of payment?" can be found in the legislation of the Russian Federation.

Electronic means of payment

Excerpt from the Federal Law of 27.06.2011 N 161-FZ "ON THE NATIONAL PAYMENT SYSTEM" :

An electronic means of payment in the terminology of Law N 161-FZ (clause 19 of article 3) is a means and (or) a method that allows a client of a money transfer operator to draw up, certify and transmit orders in order to transfer funds using special technologies and information carriers.
Money transfer operators are key actors in the national payment system. These are organizations that have the right to transfer funds. They are:

- Bank of Russia;

- Vnesheconombank;

- credit institutions that have the right to make money transfers.

2. Types of electronic means of payment

There are two types of electronic means of payment that can be used by individuals - a personalized and non-personalized means of payment.

A personalized means of payment is used when individuals transfer amounts exceeding 15,000 rubles, or an equivalent amount in foreign currency. With this type of electronic means of payment, information about the client is established using original documents or copies certified by a notary. The operator guarantees the non-disclosure of this information to third parties. All payments are identified with this type of means of payment, and the balance of electronic money should not exceed 100,000 rubles (or the equivalent amount in foreign currency at the rate of the Bank of Russia).

An electronic means of payment is non-personalized if no identification has been carried out with respect to the client, i.e. the operator has not established the information about the client. In this case, the limit on operations and the balance of funds is less than with a personalized means of payment.

The total amount of funds transferred from one non-personalized means of payment should not exceed 40,000 rubles. per month, and the balance at any time must be less than 15,000 rubles.

It can be concluded that when identifying his client, the operator trusts him more - this is reflected in the amount that the client can handle. The non-personalized account is curtailed in such opportunities.

Legal entities and individual entrepreneurs must be identified when creating a corporate electronic means of payment. The balance of funds on such a means of payment at the end of the working day must not exceed 100,000 rubles, or an amount in foreign currency equivalent to 100,000 rubles. at the rate of the Bank of Russia.

3. Purpose of the electronic means of payment

The electronic means of payment is designed to increase the speed of transmission of payment instructions. Thanks to this kind means of payment simplifies the processing of information on banking operations, and also reduces the cost of processing payment documents.

The following assignments are more related to benefits:

Convenience. So it is more convenient for the buyer to have several payment cards than a lot of money and change in the wallet, but you should also be aware that electronic means of payment do not have the official status of legal tender.
When using a plastic card, it can be used as a virtual storage of funds.
If the card is stolen, the owner can save money by blocking the card.

All of the above reflects the answer to the question "What is an electronic means of payment?"

1. The transfer of electronic money is carried out with the identification of the client, simplified identification of the client - an individual or without identification in accordance with the Federal Law of August 7, 2001 N 115-FZ "On Combating the Legalization (Laundering) of Criminally Obtained Incomes, and financing of terrorism ".

2. In the event the operator of electronic money carries out identification of a client - an individual in accordance with Federal Law of August 7, 2001 N 115-FZ "On Combating Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism", the use of the electronic means of payment is carried out a client - an individual, provided that the balance of electronic funds at any time does not exceed 600 thousand rubles or an amount in foreign currency equivalent to 600 thousand rubles at the official rate of the Bank of Russia. The specified electronic means of payment is personalized.