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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Law "on Collection Of Payments From Individuals By Payment Agents"

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с принятием Федерального закона "О деятельности по приему платежей физических лиц, осуществляемой платежными агентами"

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RUSSIAN FEDERATION FEDERAL LAW On amendments to selected legislative acts of the Russian Federation in connection with the adoption of Federal Law " About Activities to receive payments from individuals, payment Agents" Adopted by the State Duma on 22 May 2009 Approved by the Federation Council on May 27, 2009 class="ed">(Revision of federal laws dated 17.07.2009) N 162-FZ; dated 28.11.2009. N 289-FZ; dated 27.06.2011 N 162-FZ; of 07.05.2013 N 89-FZ) Article 1 Amend the federal law "About banks and banking activities" (edited Federal Law of 3 February 1996 N 17-FZ) (Statements of Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, sect. 357; Legislative Assembly of the Russian Federation, 1996, No. 6, art. 492; 2001, N 33, est. 3424; 2003, N 27, sect. 2700; N 52, sect. 5033; 2004, N 27, sect. 2711; 2005, N 1, est. 45; 2006, N 31, est. 3439; 2007, N 31, est. 4011; N 41, est. 4845) the following changes: 1) (Spconsumed by force-Federal Law 27.06.2011) N 162-FZ) 2) Article 26 should be supplemented with the thirteenth reading: " Bank payment agents shall guarantee the secrecy of account transactions and the accounts of individuals whose payments are made in accordance with Article 13-1 of this Federal Law. ". Article 2 Part Four of Article 37 of the Law of the Russian Federation of 7 February 1992 of the year N 2300-I on the protection of consumer rights OF THE PRESIDENT OF THE RUSSIAN FEDERATION 766; Legislative Assembly of the Russian Federation, 1996, N 3, sect. 140; 1999, N 51, sect. 6287; 2004, N 52, sect. 5275; 2006, N 31, 100 3439), amend to read: " When the cash is used, the payment of goods (works, services) to the consumer is carried out in accordance with the indication of the seller (performers) by making available cash to the seller. or a payment agent who is engaged in receiving payments to individuals or a bank payment agent carrying out activities in accordance with the laws on banks and banking unless otherwise specified by federal laws or other OF THE PRESIDENT OF THE RUSSIAN FEDERATION At the same time, the consumer's obligations to the seller (s) for the payment of goods (works, services) are deemed to be executed in the amount of the cash deposited from the moment of cash transfer to the seller (s), respectively, or to the seller. a credit institution or a payment agent carrying out activities to receive payments to individuals or to a bank payment agent carrying out activities in accordance with the legislation on banks and banking activities. " Article 3 Enact Federal Law N 115-FZ "On countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3418; 2002, N 30, est. 3029; N 44, st. 4296; 2004, N 31, est. 3224; 2006, N 31, st. 3446, 3452; 2007, N 16, sect. 1831; N 31, sect. 3993, 4011; N 49, sect. 6036), the following changes: 1) Article 5, paragraph 11, amend to read: "Payment acceptance operators;"; 2) in article 7: (a) paragraph 1-1 should be redrafted to read: " 1-1. Identification of a person-person, identification and identification of beneficiary are not carried out by organizations carrying out transactions with cash or other property, receive operations from clients-individuals Payments, if not exceeding 15,000 roubles or a foreign currency equivalent of 15,000 rubles (except in the case of employees of the organization carrying out the operation with money or other property) suspicions that the operation is being carried out for the purposes of legalization (laundering) Proceeds of crime or terrorist financing). "; b) paragraph 1-3 to be declared void; paragraph 3-1 to be declared void; 3) to chap. II with articles 7-2 and 7-3 of the following Content: " Article 7-2. Rights and responsibilities of credit organizations and Federations of the Federal Postal Service to carry out non-cash payments and transfers of cash 1. The credit institution in which the payer's bank account is opened for non-cash payments on behalf of the payer at all stages of the payer's order is obliged to ensure the control of the presence, completeness, and transfer of the settlement documents. or otherwise, compliance with the information available to the credit institution, as well as the storage, in accordance with article 7, paragraph 4, of this Federal Law, of the following information: 1) on the Payer-natural person, by an individual entrepreneor or person engaged in an established OF THE PRESIDENT OF THE RUSSIAN FEDERATION Place of residence (registration) or place of stay; 2) about the payer-legal person: names, bank account numbers, identification number of the taxpayer or the code of the foreign organization. 2. In the absence of any payment or otherwise of the information referred to in paragraph 1 of this article, the credit institution in which the payer's bank account is opened is obliged to refuse to do so. Implementation of the payer's assignment, except as provided for in paragraph 3 of this article. 3. In carrying out transactions with funds, including the use of software and technical means, credit organizations are entitled, in order to fulfil the requirements set out in this article, to make their own payments. Payer documents using the information received from the payers, including in the implementation of the identification procedure. 4. The correspondent bank who participates in the non-cash payment is required to ensure that the information contained in the resulting document is not changed and stored in accordance with article 7, paragraph 4, of this Federal Act. 5. The credit organization in which the bank account of the recipient is opened shall have the procedures necessary to identify the incoming documents which do not contain the information referred to in paragraph 1 of this article. 6. In the absence of any information referred to in paragraph 1 of this article, if the credit institution in which the bank account is opened is suspected that the transaction is suspected In order to legalize (laundering) the proceeds of crime or the financing of terrorism, such a credit institution is obliged not later than the working day following the day of recognition of the operation as suspicious authorized body for the operation in accordance with this Federal by law. 7. PayPable Credit Organization in cash transfers on behalf of individuals without the opening of bank accounts and organization of federal postal services for postal transfers All stages are required to ensure the control of the existence, completeness, transmission, postal or other means of payment, compliance with the information available to the credit institution or organization and storage under article 7, paragraph 4, of the of this Federal Law of the following information: 1) about the payer-the natural person, the individual entrepreneor or the natural person who is engaged in the procedure established by the law of the Russian Federation by private practice: surname, first name, patronymic (unless otherwise derived from the law or national custom), the unique assigned number of the operation (if any), the identification number of the taxpayer (if any) or the address of the place of residence (registration) or of the place of residence; 2) on the paying person: the name, the unique number assigned number (code, password) of the operation, the identification number of the taxpayer or the code of the foreign organization. 8. In the absence of a document or post in a document or post containing an errand from the payer, the information referred to in paragraph 7 of this article, or otherwise by a credit organization or by an organization of the federal postal service, The service provider is obliged to refuse to perform the payer's assignment. 9. A credit organization involved in the transfer of funds on behalf of individuals without the opening of bank accounts, or the organization of a federal postal service involved in the postal transfer of funds, is required to ensure continuity of the information contained in the calculated document or postal note and its storage in accordance with article 7, paragraph 4, of this Federal Act. 10. A credit organization serving the recipient of money transferred to it without opening a bank account, or an organization of federal postal services serving the recipient of the postal transfer of money, is obliged to have procedures, necessary for the identification of incoming calculated documents or postal items that do not contain the information referred to in paragraph 7 of this article. 11. In the absence of an estimate or other document or postal message of the information referred to in paragraph 7 of this article, if the employees of the credit institution or the organization of the federal postal service are suspected that the The operation is carried out in order to legalize (laundering) the proceeds of crime or the financing of terrorism, the credit institution or the organization of a federal postal service is obliged not later than the working day following the day of recognition Such an operation is suspicious, send to the competent authority information about such a transaction operations under this Federal Act. 12. The requirements of this article do not apply to: 1) non-cash payments made by a credit institution in bank accounts in an amount not exceeding 15,000 rubles, or the equivalent of 15,000 rubles in foreign currency; 2) non-cash payments on bank accounts opened in one credit institution; 3) non-cash payments made using payment cards; 4) cashless payments between credit between a credit institution and a foreign bank Transfer of funds on behalf of individuals without the opening of bank accounts carried out by credit organizations for an amount not exceeding 15,000 rubles, or the amount in foreign currency, The equivalent of 15,000 rubles. Article 7-3. Responsibilities of the organizations that perform operations with cash or other property, acceptance to service and maintain foreign public officials 1. Organizations carrying out transactions with money or other property, in addition to article 7, paragraph 1, of this Federal Law, are required: 1) to make reasonable and accessible of the Convention on the Rights of the United Nations, the International Convention on the Law of the written decision of the head of the organization conducting the operation by cash or other property or by his or her deputy, as well as the head of a separate unit of the organization engaged in the operation of moneys or other property to which the head of the organization or his or her organization is responsible (c) Under-delegated authority; 3) to take reasonable and reasonable measures to determine the sources of funds or other property of foreign public officials persons; 4) to update the existing in the orders of the organization carrying out transactions with money or other property, information about their services to foreign public officials; 5) pay increased attention to cash transactions by foreign public officials, their spouses, close relatives by the parents and children of the direct ascending and descending line Grandfather, grandmother and grandchild), full and non-full (or having a common father or mother), brothers and sisters, adoptive parents and adopted children, or on behalf of the persons concerned, if they are serving in a credit institution. 2. The requirements set forth in paragraph 1 of this article shall not be applied by credit organizations in the conduct of transactions in an amount not exceeding 15,000 rubles, or the amount in foreign currency equivalent to 15,000 rubles relating to purchase or Sale of foreign currency in cash by natural persons or transfer of funds on behalf of individuals without opening a bank account, except in the case of employees of the organization operating the money or other property, it is suspected that the transaction data in order to legalize (laundering) the proceeds of crime or the financing of terrorism. ". Article 4 href=" ?docbody= &prevDoc= 102130073&backlink=1 & &nd=102081652 "target="contents"> N 54-FZ dated 22 May 2003" On the use of cash and control cash when making cash payments and (or) settlements using payment cards " OF THE PRESIDENT OF THE RUSSIAN FEDERATION (1957) The following changes: 1) Article 1 to add the following paragraphs to the following paragraphs: " Payment terminal is a device for cash settlement in automatic mode (without the participation of an authorised person organization or individual entrepreneor carrying out cash payments); ATM machine for implementation in automatic mode (without the participation of an authorized person of credit institution or bank payment) acting in accordance with the law bank and banking activity) cash payments and (or) settlements using payment cards, transfer of orders from the credit institution on the payment of settlements on behalf of individuals on their bank accounts, as well as for Drafting of the documents confirming the transfer of the relevant instructions. "; 2), to supplement article 2 with paragraph 4, reading: " 4. The provisions of paragraphs 2, 2-1 and 3 of this article do not apply to payment agents engaged in receiving payments of individuals, as well as credit organizations and bank payment agents carrying out Activities in accordance with the legislation on banks and banking activities. "; (In the wording of Federal Law of 17.07.2009) g. N 162-FZ) 3) in article 4: (a) paragraph 2 of paragraph 1 after "cash and control equipment" is supplemented by the words " (with the exception of cash registers as part of payment terminals used by the by agents and bank payment agents and ATMs used by bank payment agents) "; b) to supplement paragraph 1-1 as follows: " 1-1. The cash register in the payment terminal, used by the payment agent and the bank payment agent, and the ATM used by bank payment agents, must: be registered with the tax authority The accounting of the taxpayer with the address of the location of its installation as part of a payment terminal or an ATM; to be correct, sealed in accordance with the established procedure; to have fiscal memory with the drives of the fiscal memory, control tape and real-time clock; provide uncorrectable registration and nonvolatile long-term storage of information about payments on the control tape and in the storage media, as well as providing information for the printing of a cash register by a payment terminal or an ATM in unadjusted form; to be used in fiscal regime, and in other modes to exclude the possibility of a payment terminal or an ATM printing check; to transfer in fiscal mode to a payment terminal or an ATM Registered information on payments in an unadjusted form, to ensure the identity of the information registered on the cashier's check, the control tape, the fiscal memory and the primary records of the organization or individual entrepreneor using a payment terminal or an ATM; have an installed master's passport. "; 4) in article 5: (a) in the first paragraph of the first word, replace the words" 1. In addition, after the words "control and cash machine", add "(except cash registers as part of payment terminals used by payment agents and bank payment agents and ATMs used by banks") ) "; b) to supplement paragraph 2 with the following: " 2. Organizations (except credit organizations) and individual entrepreneurs using a payment terminal or an ATM are obliged: to use cash registers as part of the payment terminal and (or) an ATM; register the applicable cash register in tax authorities at the organization's place of account as a taxpayer; provide registration, re-registration and deregistration of cash registers and replacement of fiscal drives to the tax authorities, the passport and information registered in the fiscal memory of the cash registers; to apply the correct control and cash position to ensure that the accounting transactions are recorded on the basis of control tape and in the fiscal memory; operate cash registers under a fiscal regime; issue cash payments to clients when cash payments are made, or printed by a payment terminal, or ATMs; maintain and store the documentation related to acquisition, registration, re-registration and deregistration of the tax authority, entry into service, inspection of serviceability, repair, maintenance, replacement of hardware, decommiserations control and cash registers, the progress in the registration of cash registers and the payment of the payment information, and also to the officials of the tax authorities conducting the checks in accordance with article 7, paragraph 1, of this Federal Act, unhindered access to appropriate cash and control equipment and documentation; to provide information to the tax authorities on their requests in the manner prescribed by federal laws. "; 5) (Spaced by Federal Law dated 07.05.2013. N 89-FZ) Article 5 Article 155 of the Housing Code of the Russian Federation (Legislative Assembly of the Russian Federation) Federation, 2005, N 1, article 14; 2008, N 30, est. 3616) add the following: " 15. Accommodation equipment, manager, legal person or individual entrepreneur who, in accordance with the present Code, is paid for living accommodation and public services, as well as their representative to the right Calculations with employers of residential buildings of State and municipal housing stock and owners of residential premises and charges for accommodation and communal services with the participation of payment agents engaged in activities of payment of payments to individuals, as well as bank payment agents, implementing legislation on banks and banking. ". Article 6 Article 1, paragraph 2 of the Federal Act Article 7 Amend the Code of the Russian Federation on Administrative Offences (Legislative Assembly of the Russian Federation) Federation, 2002, N 1, article 1; N 18, sect. 1721; 2003, N 27, sect. 2700, 2717; N 46, st. 4440; N 50, sect. 4847; 2004, N 31, sect. 3229; 2005, N 13, st. 1077; N 30, est. 3131; N 50, est. 5247; 2006, N 31, sect. 3420; 2007, N 26, est. 3089; N 30, est. 3755; N 31, st. 4007; N 41, est. 4845; 2008, N 52, sect. 6227) the following changes: 1) Article 14.5 should be redrafted to read: " Article 14.5. Sale of goods, performance or rendering of services for services in the absence of the information provided or non-application in federal laws of cashiering equipment 1. Sale of goods, performance or services by an organization, or a citizen registered as an individual entrepreneor, in the absence of any established information about the manufacturer (perpetrator, seller) or other information, The obligatory provision of which is provided by the legislation of the Russian Federation- entails the imposition of an administrative fine on citizens of one thousand five hundred and two thousand rubles; officials-from 3,000 to 1,000 rubles. 50,000 rubles ($1,000); legal entities-from 30,000 to forty Thousands of roubles. 2. Non-application of cash registers in federal law cases, use of cash registers, which do not meet established requirements or are used in violation of Russian legislation The Federation of the order and the conditions for its registration and application, as well as refusal of extradition on the request of the buyer (customer) in the case provided for by a federal law, document (sales receipt, receipt or other proof of payment) Goods for the relevant goods (work, service),-(Paragraph 5 Paragraph 1, as amended by Federal Law No. N 162-FZ) shall entail the imposition of an administrative fine on citizens in the amount of one thousand 500 rubles to two thousand rubles; officials-from 3,000 to 4,000 rubles; and legal entities-from 30,000 to 40 rubles Thousands of roubles. "; 2) in article 23.3: (a) in Part 1 of the word" 14.26, 14.5, Parts 3 and 4 of Article 14.16, "to be replaced by" Parts 3 and 4 of Article 14.16, Article 14.26, "; b) in paragraph 1 of Part 2 of the word" 14.26, 14.5, Parts 3 and 4 of article 14.16, articles "shall be replaced by" Parts 3 and 4 of Article 14.16, Article 14.26, "; 3) in Part 1 of Article 23.5 the words "provided for in article 14.5 (in terms of the sale of goods, performance and services without the use of cash registers)", replace by the words "provided for in Part 2 of Article 14.5,"; 4) In article 23.49, part 1, the digits "14.4-14.8," shall be replaced by the words "14.4, article 14.5, paragraph 1, and article 14.6 to 14.8,"; and paragraph 3, article 32.2, paragraph 3, as follows: " 3. The amount of the administrative fine shall be paid or transferred by the person involved in the administrative liability to the bank or to another credit institution or to the payment agent carrying out activities to receive payments of natural persons, or to the bank payment agent carrying out activities in accordance with the legislation on banks and banking activities, except as provided for in Article 32.3 of this Code. ". Article 8 1. This Federal Act shall enter into force on 1 January 2010, with the exception of the paragraphs of the eighteenth, the twenty-seventh to thirty-seventh, fortieth to forty-fourth and forty-seventh, forty-ninth, paragraph 1, and article 3 of the present report. Federal law. 2. The paragraphs of the eighteenth, twenty-seventh to thirty-seventh, fortieth to forty-fourth and forty-seventh-forty-ninth paragraph 1 of article 1 of this Federal Law shall enter into force on 1 April 2010. 3. Article 3 of this Law shall enter into force 180 days after the official publication of this Federal Law. 4. The cash register is included in the State Register of Control and Cash Equipment until the date of the entry into force of this Federal Law and is not in conformity with the requirements of Article 13-1 of the Federal Law "On Banks and Banking Activities" (in the Federal Act No. 54-FZ of 22 May 2003 on "On the use of cash registers in cash payments and (or) payments using payment cards" of this Federal Act), may be used by bank payment systems Agents for receiving payments from individuals (including in payment terminals and ATMs) until January 1, 2014, provided it was registered by a bank payment agent to the tax authorities before January 1, 2011. 5. The cash register included in the State Register of Control and Cash Equipment after the date of the entry into force of this Federal Law may be applied to the payment of bank payment agents by bank payment agents (including in the case of Payment terminals and ATMs) only if it meets the requirements of Article 13-1 of the Federal Law "On Banks and Banking" (in the wording of this Federal Law) and the requirements of the Federal Law of 22 May 2003 N 54-FZ " On the application of cash and control equipment in cash (...) (...) 6. After 1 April 2010, the payment of payments made by individuals to bank payment agents without the application of the cash register specified in part 4 or 5 of this article shall not be permitted. 7. The cash register is included in the State Register of Control and Cash Equipment until the date of the entry into force of this Federal Act and not in conformity with the requirements of the Federal Act of 22 May 2003 No. 54-FZ " On application Cash and (or) payments made using payment cards " (in the wording of this Federal Act) can be applied to the receipt of payments before 1 January 2014, provided that it is registered a payment agent in the tax authorities before 1 January 2011. 8. The cash register included in the State Register of Control and Cash Equipment after the date of the entry into force of this Federal Law may only be applied when accepting payments (including in payment terminals) only in case of receipt of payment Compliance with the requirements of the Federal Law of 22 May 2003 No. 54-FZ "On the application of cash registers in cash payments and (or) settlements using payment cards" (in the wording of this Federal Law). 9. After 1 April 2010, the payment without the use of the cash register specified in part 7 or 8 of this article is not allowed. (Article in the wording of Federal Law from 28.11.2009. N 289-FZ) President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 3 June 2009 N 121-FZ