On Collection Of Payments From Individuals By Payment Agents

Original Language Title: О деятельности по приему платежей физических лиц, осуществляемой платежными агентами

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RUSSIAN FEDERATION FEDERAL LAW on collection of payments from individuals by payment agents adopted by the State Duma May 22, 2009 years approved by the Federation Council May 27, 2009 year (as amended by the federal laws from 28.11.2009 N 289-FZ;
from 08.05.2010 N 83-FZ; from 27.06.2010 N 162-FZ;
from 05.05.2014 N 110-FZ), Article 1. Relations regulated by the present Federal Law 1. This federal law regulates relations arising in the implementation of the admission of paying agent from the payer funds aimed at execution of monetary obligations of the natural person before the provider for payment of goods (works, services), and also directed the State authorities, local self-government bodies and bodies under their purview, in the performance of functions provided for by the legislation of the Russian Federation. (As amended by the Federal law dated 08.05.2010 N 83-FZ)
2. the provisions of this federal law do not apply to relationships related to conduct calculations: 1) carried out by legal entities and individual entrepreneurs in the realization of goods (execution of works, rendering services) directly with physical persons, except for the calculation of levy payment agent with the payer of remuneration provided for in this federal law;
2) between legal entities and (or) individual entrepreneurs in their business activities, and (or) individuals engaged in the private practice and are not individual entrepreneurs, which is not connected with the execution of the functions of paying agents;
3) in favor of foreign legal entities;
4) carried out in cashless order;
5) carried out in accordance with the law on banks and banking activity.
3. the relations governed by this federal law, the provisions of the Federal law "on the national payment system" is applied only with regard to the implementation of the monitoring by the Central Bank of Russia, in accordance with paragraph 1 part 1 article 35 the specified federal law. (Part is supplemented by federal law from 27.06.2010 N 162-FZ), Article 2. The basic concepts used in the present Federal law in this federal law uses the following concepts: 1) the supplier is a legal person, other than a credit institution, or an individual entrepreneur, receiving cash payer for sold goods (works, services) in accordance with this federal law, as well as a legal entity or an individual entrepreneur who paid the fee for accommodation and communal services in accordance with the housing code of the Russian Federation as well as the organs of State power and bodies of local self-government, institutions under their jurisdiction, receiving money remitter in the performance of functions provided for by the legislation of the Russian Federation; (As amended by the Federal law dated 08.05.2010 N 83-FZ) 2) payer-natural person engaged in making a payment to an agent for the purpose of execution of cash monetary obligations of the natural person before the supplier;
3) paying agent is a legal person, except a credit institution, or an individual entrepreneur working on acceptance of payments from individuals. Payment agent is the operator to receive payments or payment subagent; (As amended by the Federal law on 27.06.2010 N 162-FZ) 4) operator to receive payments-paying agent-the legal person who enters into a contract with a supplier of contract on implementation of payments from individuals;
5) billing subagent-paying agent-a legal entity or an individual entrepreneur, concluded with the operator to receive payments of treaty implementation activities by accepting payments from individuals;
6) payment terminal device for receiving payment agent from the payer funds, functioning in automatic mode without the participation of the authorized person paying agent.
Article 3. Work on payments from individuals 1. Under operation by accepting payments from individuals (hereinafter referred to as the reception of payments) for purposes of this federal law acknowledges the reception of payment agent from the payer funds aimed at execution of cash obligations to the supplier for payment of goods (works, services), including payment for dwelling and communal services in accordance with the housing code of the Russian Federation, as well as implementing the payment agent for the following calculations with the provider.
2. the paying agent when accepting payments may charge the payer of remuneration in an amount to be determined by agreement between the paying agent and payer (hereinafter referred to as the reward).
3. Liability of a natural person before the supplier is considered to be executed in the amount of payments made to an agent of funds, with the exception of remuneration, since their transfer payment to the agent.
Article 4. Conditions to receive payments

1. the operator to receive payments for accepting payments must conclude a contract with a supplier on the implementation of payments from individuals under the terms of which the operator has the right to receive payments on its own behalf or on behalf of the supplier and supplier's expense to receive money from taxpayers in order to execute the monetary obligations of the natural person before the supplier and is required to make subsequent payments to the supplier in accordance with the procedure established by the specified agreement and in accordance with the legislation of the Russian Federation including requirements on spending of cash received in the cashier of a legal entity or an individual entrepreneur cashier.
2. The supplier shall be entitled to enter into an agreement with the operator to receive payments of treaty implementation activities by accepting payments from individuals, specified in part 1 of this article, unless otherwise prescribed by the legislation of the Russian Federation. The Government of the Russian Federation shall have the right to establish a list of goods (works, services), for which the paying agent is not entitled to receive payments from individuals.
2-1. the paying agent shall not be entitled to receive the funds in favor of credit institutions. (Part is supplemented by federal law from 05.05.2014 N 110-FZ)
3. The supplier shall provide upon request information on the payer payment agents carrying out reception of payments in his favour, on the ground, receiving payments, and shall provide to the tax authorities on their request list payment agents carrying out reception of payments in his favor, and information about places. (As amended by the Federal law on 27.06.2010 N 162-FZ)
4. Fulfilment of the obligations of the operator to receive payments prior to the supplier for the implementation of the relevant calculations shall be ensured by the penalty, pledge, withholding of property of the debtor, surety, bank guarantee, deposit, insurance risk civil liability for failure to fulfil obligations for the implementation of payments to the supplier or other means provided by the agreement on the implementation of payments from individuals.
5. the operator to receive payments is entitled to receive payments after its recognition by the authorized body in accordance with the legislation on combating the legalization (laundering) of proceeds received by criminal way and terrorism financing, and the harmonization of rules of internal control in the specified order.
6. the operator to receive payments in accordance with requirements of the legislation on combating the legalization (laundering) of proceeds received by criminal way and terrorism financing in part of the identification of a physical person engaged in payment in prescribed cases must hold the identity of the natural person conducting the payment.
7. the operator to receive payments has the right to attract others payment for subagents to receive payments, if such right is provided for in the agreement with a supplier to them, implementation of payments from individuals. In this engaging appropriate authority payment subagent does not require notarization. Billing subagent may not attract others to implement. (As amended by the Federal law on 27.06.2010 N 162-FZ)
8. Payment the subagent receives payments on its behalf or on behalf of the operator to receive payments and, if it is stipulated in the agreement on the implementation of payments from individuals to receive payments operator concluded with the supplier on behalf of the supplier and in accordance with the requirements of article 1009 of the Civil Code of the Russian Federation.
9. Payment payment subagent should conclude with the operator to receive payments agreement about implementation of payments from individuals under which payment may subagent, on its own behalf, on behalf of the operator to receive payments by or on behalf of the supplier and supplier's expense, payment operator to receive money from contributors in accordance with the terms of the contract under paragraph 1 of this article and also has the obligation to subsequent calculations with the operator to receive payments in accordance with the legislation of the Russian Federation, including the requirement to limit the amount of cash settlements and spending of cash received in the cashier of a legal entity or an individual entrepreneur cashier.
10. Payment subagent may not accept payments that require the identification of a physical person engaged in payment, in accordance with the requirements of the legislation on combating the legalization (laundering) of proceeds received by criminal way and terrorism financing.

11. Payment Agent when accepting payments must have an agreement on the implementation of payments from individuals, as provided for in this article. The activities of a legal entity or an individual entrepreneur for accepting money from an individual without the conclusion of the Treaty, in conformity with the requirements of this federal law or Treaty on implementation of payments from individuals, as provided for by the Federal law "on banks and banking activities" are prohibited.
12. Payment Agent when accepting payments must use control-cash technique with fiscal memory and control tape, as well as to comply with the requirements of the legislation of the Russian Federation concerning the application of the cash technology in the implementation of the cash payments.
13. the paying agent shall ensure that transactions must be made in every place accepting payments provide payers with the following information: 1) address payment reception;
2) the name and location of the operator to receive payments and payments in the case of subagent payment payment subagent, as well as their taxpayer identification numbers;
3) name of the supplier;
4) details of the contract on implementation of payments from individuals to receive payments between the operator and the supplier, as well as the details of the contract on implementation of payments from individuals between the operator to receive payments and payment in the case of subagent payment payment subagent;
5) the remuneration payable by the payer to the operator to receive payments and payment should in case of payment payment subagent, in case charging of remuneration;
6) ways of filing;
7) CLO contacts provider and operator to receive payments as well as payments the subagent in case of payment the balance of subagent;
8) addresses and contact telephones numbers of federal bodies of executive power, authorized by the Government of the Russian Federation on the conduct of State control (supervision) for taking payments.
14. the paying agent shall use the transactions must be made through a special bank account (s) for payments. (As amended by the Federal law on 27.06.2010 N 162-FZ) 15. Paying agent is obliged to credit the organization received from taxpayers when receiving payments of cash to be credited in full to your special bank account (s). (As amended by the Federal law on 27.06.2010 N 162-FZ) 16. On the special bank account payment agent may perform the following operations: 1) crediting taken from individuals of cash;
2) funds written off with another special bank account paying agent;
3) withdrawal of funds to a special bank account payment agent or supplier;
4) withdrawal of funds to bank accounts.
(Part is supplemented by federal law from 27.06.2010 N 162-FZ) 17. Implementation of other operations on special card account payment agent is not allowed. (Part is supplemented by federal law from 27.06.2010 N 162-FZ) 18. Provider when making settlements with payment agent, accepting payments, to use the special bank account. The supplier is not entitled to receive moneys accepted paying agent as payments to bank accounts that are not special bank accounts. (Part is supplemented by federal law from 27.06.2010 N 162-FZ) 19. On the special bank account of the provider can be implemented operation: 1) funds written off from a special bank account paying agent;
2) withdrawal of funds to bank accounts.
(Part is supplemented by federal law from 27.06.2010 N 162-FZ) 20. Implementation of other operations on special bank account provider is not allowed. (Part is supplemented by federal law from 27.06.2010 N 162-FZ) 21. Credit institutions may not serve operators to receive payments or payment sub-agents and also conclude agreements on implementation of payments from individuals with suppliers or operators to receive payments. (Part is supplemented by federal law from 27.06.2010 N 162-FZ), Article 5. Special requirements to cash a cheque by paying agent to the payer 1. Reception of payment agent for the funds from the payer must be confirmed at the time of issuance payment receipt confirming the payment.
2. A receipt issued by the paying agent to the payer and confirming the implementation of respective payment shall conform to the requirements of the legislation of the Russian Federation concerning the application of the cash technology in the implementation of cash payments, as well as to contain the following obligatory requisites: 1) the name of the document-receipt;
2) name paid for goods (works, services);
3) total amount of cash taken;
4) remuneration payable by the payer, if its collection;

5) date, time, receiving money, non receipt and cash machines;
6) address of place of receiving money;
7) name and location of the paying agent, accepting cash, and his taxpayer identification number;
8) contact numbers of the vendor and operator to receive payments as well as payments the subagent in case of payment payment subagent.
3. All the details printed on the cash receipt, must be clear and legible for at least six months.
4. the receipt issued by the paying agent to the payer and confirming the implementation of the corresponding payment may also contain other details in cases where this is provided for by the Treaty referred to in article 4 hereof.
Article 6. Requirements for automatic devices for reception of payments from individuals 1. Payment transactions must be made through agents may use payment terminals. Payment terminal used by payment agent, accepting payments, must contain in its composition of control-cash machines and provide automatic mode: 1) providing payors information provided for in article 4 of this federal law;
2) reception from payers information about the name of the provider, the name of the goods (works, services) for which (who) are performed by a physical person monetary obligations before the supplier about the amount of money the agent payments made, as well as other information, if it is stipulated in the agreement on the implementation of payments from individuals;
3) reception of funds contributed by taxpayers;
4) printing cash vouchers and their extradition after receiving payers made money.
2. Payment terminals used for payment transactions must be made through agents, can also provide unattended in the provision of other information and performing other functions, unless otherwise prescribed by the legislation of the Russian Federation.
3. the paying agent shall ensure payment terminal seal on the cash receipt number and details provided in article 5 hereof, in the form of nekorrektiruemom, which provides identity information registered on the cash receipt, Ribbon control and fiscal memory cash technology.
4. Check-out equipment, part of the payment terminal, shall comply with the requirements of the legislation of the Russian Federation concerning the application of the cash technology in the implementation of the cash payments.
5. In case of change of address of the place of installation of POS terminal payment agent shall on the day of this change notice to the tax authority indicating the new installation address cash technology, included in a payment terminal.
6. The use of other non-payment terminals for the reception of payments from individuals without the participation of the authorized person paying agent shall not be permitted.
7. the operator to receive payments may not accept payments, require, in accordance with the legislation on combating the legalization (laundering) of proceeds received by criminal way and terrorism financing, identification of a physical person engaged in payment, without the participation of its authorized persons, as well as to use when receiving such payments payment terminals.
Article 7. Control over compliance with the requirements provided for in this federal law 1. Control over compliance with the requirements provided for in this federal law, shall be carried out in the manner prescribed by the legislation of the Russian Federation, federal bodies of executive power, authorized by the Government of the Russian Federation on the conduct of State control (supervision) for taking payments.
2. payment Operator must monitor the balance of the subagent, with whom he had concluded a Treaty on implementation of payments from individuals to the requirements of this federal law.
3. Non-compliance with operator payment processing requirements of this federal law shall be a ground for the termination of the supplier with the same operator to receive payments of the contract on implementation of payments from individuals. Failure to comply with payment subagent requirements of this federal law shall be a ground for cancellation of an operator to receive payments with such tender contract subagent on follow-up on acceptance of payments from individuals. 4. monitoring payment agents responsibilities for delivery of the credit organization received from taxpayers when receiving payments of cash to be credited in full to your special bank account (s), as well as on the use of payment agents and suppliers of special bank accounts for payments transactions must be exercised by the tax authorities of the Russian Federation. (Part is supplemented by federal law from 27.06.2010 N 162-FZ)

5. Banks must issue to the tax authorities for information about the availability of special bank accounts at the Bank and (or) the balances of money in special bank accounts, statements of operations on special bank accounts of entities (individual entrepreneurs) within three days of receipt of a reasoned request of the tax authority. For information about the availability of special bank accounts and (or) the balances of funds on special bank accounts, as well as statements by the special bank accounts of entities (individual entrepreneurs) in the Bank may be requested by the tax authorities in cases of control under paragraph 4 of this article, in respect of those organizations (individual entrepreneurs). (Part is supplemented by federal law from 27.06.2010 N 162-FZ)
6. form (formats) and the procedure for sending a request to the tax authorities shall be established by the Federal Executive Body, authorized to control and supervision in the field of taxes and fees. The form and procedure of granting banks information upon request of tax authorities shall be established by the Federal Executive Body, authorized to control and supervision in the field of taxes and charges, subject to approval of the Central Bank of the Russian Federation. Formats provide banks electronically information on requests of the tax authorities are approved by the Central Bank of the Russian Federation by agreement with the Federal Executive authority authorized to control and supervision in the field of taxes and fees. (Part is supplemented by federal law from 27.06.2010 N 162-FZ)
7. payment Operators are obliged to issue the tax authorities for information about the calculations carried out within three days from the date of receipt of the reasoned request of the tax authority. Information about carried out calculations may be requested by the tax authorities in cases of control under paragraph 4 of this article. (Part is supplemented by federal law from 27.06.2010 N 162-FZ)
8. form (formats) and the procedure for sending the tax authority request the operator to receive payments are set by the Federal Executive Body, authorized to control and supervision in the field of taxes and fees. The form and the order granting the operator to receive payments information on requests of the tax authorities shall be established by the Federal Executive Body, authorized to control and supervision in the field of taxes and fees. Formats provide operators to receive payments electronically information on requests of the tax authorities are approved by the Federal Executive Body, authorized to control and supervision in the field of taxes and fees. (Part is supplemented by federal law from 27.06.2010 N 162-FZ) Article 8. Final provisions 1. Check-out equipment included into the State Register of cash technology prior to the date of entry into force of this federal law and not complying with the requirements of this federal law may be applied when receiving payments until January 1, 2014 year provided its payment agent registration with tax authorities until January 1, 2011 year.
2. Check-out equipment included into the State Register of cash technology after the date of entry into force of this federal law may be applied when receiving payment (including payment terminals) only if it is consistent with the requirements of this federal law.
3. After April 1, 2010 year to accept payments without the use of cash technology specified in parts 1 or 2 of this article shall not be permitted.

4. Receiving payments without enrolling taken from individuals cash into a special bank account specified in parts 14 and 15 article 4 hereof, as well as obtaining supplier of cash taken by the paying agent as payments to bank accounts that are not special bank accounts referred to in article 18 part 4 hereof shall not be permitted. (Part is supplemented by federal law from 27.06.2010 N 162-FZ) (Article in the Editorial Office of the Federal law from 28.11.2009 N 289-FZ) Article 9. The entry into force of this federal law 1. This federal law shall enter into force on January 1, 2010 year 12, except for the part of article 4, article 5, parts 1, 4 and 5 of article 6 hereof.
2. Part 4, article 12, article 5, part 1, 4 and 5 of article 6 of this federal law shall enter into force on April 1, 2010 year.
(Article in the Editorial Office of the Federal law from 28.11.2009 N 289-FZ), the President of the Russian Federation Dmitry Medvedev Kremlin Moscow, June 3, 2009 N 103-FZ

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