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On Amending And Supplementing Certain Acts Of The National Bank Of Moldova

Original Language Title: cu privire la modificarea şi completarea unor acte normative ale Băncii Naţionale a Moldovei

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REGISTERED:

Justice Minister of Moldova Vladimir CEBOTARI

No. 1121 of June 23, 2016


Pursuant to art. 5 letter f) art. 11 para. (1), Art. 27 letters c) and art. 492 lit. a) of Law No. 548-XIII of 21 July 1995 on the National Bank of Moldova (republished in the Official Gazette of the Republic, 2015 nr.297-300, art.544), as amended and supplemented, and art . 49 para. (3) art. 93 para. (2) b) and art. 94 para. (1) c) of Law no. 114 of 18 May 2012 on payment services and electronic money (Official Gazette of the Republic of Moldova, 2012 nr.193-197, art.661), the Executive Board of the National Bank of Moldova

DECIDES:

1. Regulation on credit transfer, approved by the Decision of the Administrative Board of the National Bank of Moldova no. 157 of 1 August 2013 (Official Gazette of the Republic, 2013 nr.191-197, art.1370), as amended and supplemented, registered with the Ministry of Justice of Moldova no. 936 of 30 August 2013, is amended and supplemented as follows:
1) Paragraph 1 shall be completed at the end with the words "and other participants in the automated interbank payment system";
2) In paragraph 2, the term "credit transfer" is filled with the text: "Credit transfer based on a file group - more transfers ordered by a single payer to several customers, which are grouped into transmission. "
3) In paragraph 8, the words "Annex 1 for the transfer of credit in the national currency with the use of payment or account number" and the words "for the transfer of credit in the national currency with the use of IBAN 'are excluded;
4) In item 24 paragraph 2) to read as follows: "IBAN".
5) after point 24 shall be supplemented by paragraph 241 as follows:
"241. If credit transfers on a batch file by only one payer to several customers whose providers of payment services operating outside the Republic of Moldova, pt. 24 applies to individual transfers grouped, provided the file group to containing complete information on the payer as pt. 24 and as individual transfers be accompanied by IBAN of the payer. "
6) In paragraph 34, the word "international" is replaced by "made via the SWIFT network," and in paragraph 35 the word "international" is replaced by "made via the SWIFT network,"
7) In paragraph 36, the word "international" shall be excluded;
8) after point 36 is filled with section 361 as follows:
"361. Intermediate providers is to ensure that all information received on the payer accompanying a credit transfer is kept with the transfer. "
9) In paragraph 38, the phrase "bank account" is replaced by "IBAN"
10) In paragraph 40, the words' bank account, where the model of the payment order presented in Annex 1, or "the text", where the model of the payment order presented in Annex no. 5 "are excluded;
11) In paragraph 41, the words' bank account, the payment order using the model shown in Annex 1, or "and the text" on the payment order using the model presented in Annex No. 5 "are excluded;
12) In paragraph 42, the words' bank account, the payment order using the model shown in Annex. 1 or "text", where the model of the payment order presented in Annex no. 5 ', the words' bank account, the payment order using the model shown in Annex. 1 or "and the words", where the model of the payment order presented in Annex no. 5 "are excluded;
13) after point 44 is filled with section 441 and 442 as follows:
"441. If the beneficiary provider finds that information on the payer provided under pt. 24 is missing or incomplete, reject it or require the transfer complete information on the payer.
"442. If credit transfers on a batch file to the provider paying operating outside the Republic of Moldova, complete information on the payer provided at pt. 44 will be given only to the credit transfer based on a batch file, but not individual transfers grouped in the file. "
14) after point 47 is supplemented with section 471 as follows:

"471. If the provider of payment services regularly fail to provide required information on the payer, provider beneficiary measure which may consist, first, the issuing of warnings and setting of deadlines, before either rejecting any transfer new credit arising from this payment service provider or deciding if necessary, restrict or terminate the business relationship with that payment service provider. ".
15) CAPITAL Title IX be completed at the end with the words "AND OTHER PARTICIPANTS OF THE AUTOMATED SYSTEM OF PAYMENTS INTERBANK"
16) In paragraph 51, after the word "banks" is filled with the text "and other participants of the automated interbank payment system referred to supct. 2.5 lit. a), c), d) and f) of the Regulation on Automated Interbank Payments System, approved by the Decision Board of the National Bank of Moldova no. 53 of 2 March 2006 (Official Gazette of the Republic of Moldova, 2006, no. 39-42, art. 144) "words" are bound to generate / use "is replaced by" will generate / use "words" forex foreign 'are excluded, and after the word "bank" shall be supplemented by' and other participants of the automated interbank payment system ";
17) In paragraph 52, after the word "banks" is filled with the text "and other participants of the automated interbank payment system mentioned in pt. 51 of this Regulation", the word "responsible" is replaced with the word "responsible" and the words "clients" are replaced by "their customers";
18) In paragraph 53, the words "by banks, their customers' accounts," is excluded, letter c) expose new version: "c) the following twenty characters (alphanumeric) - is the identifier bank and other participants of the automated interbank payment mentioned in pt. 51 of this Regulation (2 characters) assigned by National Bank Moldova under the provisions pts. 54, followed by the identifier of customer served by the bank and by other participants of the automated interbank payment mentioned in pt. 51 of this Regulation (18 characters) containing customer account opened in the bank and, if necessary, other elements necessary to identify the customer: currency code, branch code etc. (BBAN code). If the client identifier is longer than eighteen zeros replace missing characters that are placed before it. "And point d) shall be repealed;
19) In paragraph 54, after the word "bank" shall be supplemented by 'and other participants of the automated interbank payment mentioned in pt. 51 of this Regulation "and after the word" bank "shall be supplemented by' or other participants of the automated interbank payment system mentioned in pt. 51 of this Regulation ";
20) In paragraph 56, after the word "banks" is filled with the text "and other participants of the automated interbank payment system mentioned in pt. 51 of this Regulation" and the word "bank" is excluded;
21) In paragraph 58, the words "are obliged to verify" is replaced by "and other participants of the automated interbank payment system mentioned in pt. 51 of this Regulation shall check";
22) In paragraph 59, after "paying bank" and the word "bank" shall be supplemented by 'and other participants of the automated interbank payment system mentioned in pt. 51 of this Regulation ";
23) In paragraph 62, after the word "banks" is filled with the text "and other participants of the automated interbank payment system mentioned in pt. 51 of this Regulation";
24) In paragraph 63, the words "bank shall" is replaced by "banks and other participants of the automated interbank payment system mentioned in pt. 51 of this Regulation shall be required";
25) Annex. 1 is repealed;
26) In Annex. 2:
a) in section 7, the words "payment account number of the payer / beneficiary, maximum 21 symbols or code" is replaced with the word "code" and the text "payment account of the non-bank payment service provider of open bank or "shall be excluded;
B) Section 11 is repealed;
C) paragraph 12, after "payment account number" is filled with the text "or the IBAN"
27) In Annex. 3:

A) in section 14, the words "and if the beneficiary is a natural person and address indicated" shall be excluded;
B) in section 19, after the words "payment account number" is filled with the text "or the IBAN".
2. Regulation on Automated Interbank Payments System, approved by the Decision of the Administrative Board of the National Bank of Moldova no. 53 of 2 March 2006 (Official Gazette of the Republic of Moldova, 2006, nr.39-42, 144), as amended and supplemented, registered with the Ministry of Justice of Moldova no. 770 of 3 September 2010, is amended and supplemented as follows:
1) In paragraph 2.9. of the Regulation, the phrase "bank account" is replaced by "settlement account";
2) In paragraph 5.2, the words "bank account" is replaced by "IBAN"
3) In paragraph 8.4, after "the DNS system" is filled with the words "from the participants (except E-Government Center)" and to finally completed by 'Maximum initiated and sent the payment document by Center for Electronic Governance and accepted by the DNS system is 250,000 lei ";
4) Paragraph 12.1 repealed;
5) In Appendix 1, code 101, the terms "credit transfers budget" and "budget transfers" should be replaced with the words "credit transfers related to budgetary payments";
6) In Annex 4, part 2, the words "excluding payment documents related to budgetary transfers processed in the DNS system who value ≤ 1,000 lei" is excluded, and part 3 is repealed.
March. Regulations on business of the providers of payment systems, money remittance, approved by the Decision Board of the National Bank of Moldova no.204 of 15 October 2010 (Official Gazette of the Republic of Moldova, 2010, no. 231-234, art.900), as amended and supplemented, registered with the Ministry of Justice of Moldova no. 799 of 19 November 2010, is amended and supplemented as follows:
1) In paragraph 2 after the term "operational risk" is filled with the text:
"unique identification code of the remittance money - combination of letters , numbers or symbols, determined by the participant payment service provider used to conduct remittance money. "
2) after point 35 is filled with section 351 as follows:
"351. If the payment service provider of the beneficiary participant notes that the information on the payer specified in section. 35 missing or incomplete, reject it or require money remittance complete information on the payer. "
3) After paragraph 38 of section 381 shall be filled as follows:
"381. If the provider of payment services regularly fail to provide required information on the payer, provider of payment services of the beneficiary measure which may consist, first, the issuing of warnings and setting of deadlines, before either to reject any money remittance coming from this new payment service provider or deciding if necessary, restrict or terminate the business relationship with that payment service provider. ".
4. This decision shall enter into force on August 1, 2016.