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With Regard To Amendment And Supplement The Regulation On Automated Interbank Payment System, Aprobatprin The Decision Of The Administrative Council Of The National Bank Of Moldova Nr. 53 Of 2 March 2006

Original Language Title: cu privire la modificarea și completarea Regulamentului cu privire la sistemul automatizat de plăți interbancare, aprobatprin Hotărîrea Consiliului de administrație al Băncii Naționale a Moldovei nr. 53 din 2 martie 2006

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RECORDED: Ministry of Justice of the Republic of Moldova nr. 1216 may 12, 2017 Minister _ _ _ Vladimir Caithness under art. 5 para. (1) (a). f), art. 11(2). (1), art. 27(2). (1) (a). c), art. 491 para. (2) (a). b) and 493 from law No. 548-XIII of 21 July 1995 regarding the National Bank of Moldova (republished in the Official Gazette of the Republic of Moldova, 2015, no. 297-300, art. 544), with amendments and additions thereto, article 17, paragraph 2. (3) of law No. 183 of 22 July 2016 with regard to finality in payment systems and settlement of financial instruments (Official Gazette of the RM, no. 2016, 306-313, art. 653) and art. 49 para. (3), art. 93 para. (2) (a). (b)) and art. 94 para. (1) (a). c) of law No. 114 of 18 may 2012 in respect of payment services and electronic money (Official Gazette of the Republic of Moldova, 2012, no. 193-197, 661), the Executive Board of the National Bank of Moldova DECIDES: 1. regulation regarding automated interbank payment system, approved by the decision of the Administrative Council of the National Bank of Moldova nr. 53 March 2 2006 (Official Gazette of the Republic of Moldova No. 39-42 of 10.03.2006, art. 144), with subsequent amendments and completions, registered at the Ministry of Justice of Republic Moldova with nr. September 3, 2010 770, are hereby amended and shall be completed as follows: 1) menu item 1.1 shall read as follows: "1.1. This regulation is issued for the purpose of establishing the rules for the use of automated interbank payment system and the Organization of the work within it. ";
2) menu item 1.3 is completed with a new paragraph as follows: "for the purposes of this Regulation shall be used, including the concepts of law No. 183 of 22 July 2016 with regard to finality in payment systems and settlement of financial instruments (Official Gazette of the Republic of Moldova, by 2016. 306-313, art. 653) (hereinafter law no 183 of 22 July 2016), as amended and supplemented. ";
3) To the menu item "2.3 words stock transactions" shall be replaced with the words "transactions in financial instruments";
4) At second and 2.5: the word "participate)" with the words "shall be added to the following entities";
b) d) shall be supplemented with the words ", including as a participant, which has no mandated open account in SAPI";
c) f), the words "National Securities Depository of Moldova" shall be replaced with the words ' legal person engaged in the activity of the central securities depository activity ";
d)) shall be repealed;
5) Subparagraph 2.51 shall read as follows: "an entity intending to 2.5.1 participate in DIGGING to notify the National Bank of Moldova a written request to that effect.";
6) has 15(b) To 2.52:) the word "Bank" shall be replaced with the word "entity";
(b) the word ") in question ' shall be supplemented with the words ' technical document containing";
(c) second sentence) excluded;
7) To the menu item "system, 2.53 accounting of" shall be replaced with the word "records", and the phrase "Government Center" shall be replaced with the words ' the State Treasury of the Ministry of Finance as a participant mandated ";
8) From subpuncul 2.6 "banks licensed by the National Bank, and settlements. Tiraspol, the State Treasury of the Ministry of Finance, National Securities Depository of Moldova, the Centre of Government as participants in the DIG "shall be replaced with the text" participants in the DIG are stipulated ";
9) menu item 2.7 shall read as follows: "2.7. Contract for participation in the DIG to be concluded after obtaining positive results of testing the functional and technical capabilities of the entrant's interaction with SAPI. ";
10) At second and Center 2.9 "E-Government" shall be replaced with the words ' the State Treasury of the Ministry of Finance as an authorized person ";
11) To the menu item "text system 2.10 accounting of" shall be replaced with the word "records";
12) At second and first sentence 2.11 shall read as follows: "entities, financial activity on the basis of a licence in accordance with the legislation in force, the identification code is assigned by the system administrator after its release.
13) At 2.13 "menu item e-Government Center" shall be replaced by the words "State Treasury of the Ministry of Finance as a participant mandated" and the words "participating banks" shall be replaced with the word "participants";
14) has 15(b) To 2.18): "licensed Bank participating" shall be replaced with the word "Participant";
b) the word "day" shall be replaced with the words "either";
c) (b)) shall read as follows: "(b) the withdrawal of its licence) to conduct financial activities;";
d) c), the word "termination" shall be replaced with the word "termination";
15) Subparagraph 2.19 shall read as follows: "2.19. On the day of cessation of a participant in the case stipulated in SAPI text to 2.18. lit. b), National Bank of Moldova ensures processing of all documents for payment submitted by the participant in the system until communication administrator decision about DIG by the withdrawal of the licence and transfer at the end of the operational day DIG balance from participant's settlement account in a special account opened in the registers of the National Bank of Moldova.
16) shall be supplemented with the following text: 2,191 "2.19.1 procedure applied in SAPI terminating contract on participation in action DIGGING in cases other than the participant's withdrawal of the licence is the same as the one in case of the withdrawal of its licence.";
17) At second and 3.2: a) c) is completed with the text: ". Upon acceptance of payment documents, technical means when they enter it into the system, as provided for by law No. 183 of 22 July 2016 ";
b) (d)) shall be supplemented with the text: ". From the moment of acceptance of the document towards the settlement transfer turnovers becomes irrevocable, assuring the final settlement (final) document ";
c) is completed with the text of paragraph:

"Between the time of acceptance towards settlement and the time of the final settlement in the RTGS system there is a perceptible difference.";
18 In the title of chapter III), the word "NETO" shall be replaced by the words "NET" BASIS;
19) At 8.4 "menu item (with the exception of the e-Government Center)" shall be replaced with the words "with the exception of the State Treasury in the Ministry of Finance as a participant," and mandated "Government Center" shall be replaced with the phrase "the State Treasury of the Ministry of Finance as a participant mandated";
20) second and 8.6 shall read as follows: "8.6. During the stage, "transmission of documents for payment" transmitting packets with payment documents for the session of the respective compensation, validation and acceptance of payment documents by the system with the proper information for the participant. Upon acceptance of payment documents for technical means when they enter them into the system, in the sense given to it by law. 183 of 22 July 2016.
Participants can view in real time the preliminary net positions and reserve funds for covering net debit positions. After acceptance of the payment documents, participants in accordance with its internal procedures also may modify the priorities assigned to packages with payment documents or remove packages submitted for clearing session. ";
21) shall be added to the menu item text 8.7 "the accounts included in the calculated net positions cannot be withdrawn by participants in clearing session.";
22) shall be added to the menu item text 8.8 "the accounts included in the final net positions should not be revoked.
23) To the menu item "Word Bank" 8,101 is substituted by the word "participant", the word "thereof" shall be replaced with the word "its", and the word "banks" shall be replaced by the word "participants";
24) The menu item "10.2 e-Government Center" shall be replaced by the words "State Treasury of the Ministry of Finance as a participant mandated";
25) shall be supplemented with the following prescriptions of Chapter contents: Chapter III1PROCEDURA "APPLIED by the ADMINISTRATOR IF YOU DIG in the INITIATION of the INSOLVENCY PROCESS PARTICIPANT 11.1.1 insolvency proceedings against filing Time is established by art. 9 of law No. 183 of 22 July 2016.
11.1.2 the documents forwarded for payment processing in SAPI SAPI previously administrator communication about the judgement of such appeal procedures of insolvency processing for the purpose of the final settlement (final), in accordance with this regulation.
11.1.3 the accounts forwarded to be processed after submission of the judgement of the administrator of the DIG about the insolvency procedure such appeal will be rejected by SAPI. ";
26) At second and 12.5 ' licensed banks and State Treasury of the Ministry of Finance, National Securities Depository of Moldova "shall be replaced with the word" participants ";
27) At Annex 4. 1 the phrase "Government Center" shall be replaced by the words "State Treasury of the Ministry of Finance as a participant mandated".
2. this decision shall enter into force within two months from the date of its publication in the Official Gazette of the Republic of Moldova.