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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 About the receipt of payments from individuals implemented by Payment Agents Adopted by the State Duma on May 22, 2009 Approved by the Federation Council on 27 May 2009 (In the wording of federal laws of 28.11.2009) g. N 289-FZ; of 08.05.2010 N 83-FZ; dated 27.06.2011 N 162-FZ; of 05.05.2014 N 110-FZ Article 1. The relationships governed by this Federal Law 1. This Federal Act regulates the relations arising from the payment of a payment agent by a payment agent, which is intended to fulfil the monetary obligations of a natural person to the payment supplier. In the exercise of their functions as established by the legislation of the Russian Federation. class="ed"> (In the federal law dated 08.05.2010 N 83-F) 2. The provisions of this Federal Act do not apply to transactions related to the calculation of: 1) carried out by legal entities and individual entrepreneurs in the sale of goods (carrying out work, (c) The provision of services directly to natural persons, with the exception of the payment agent chargebrepayments under this Federal Law; (2) between legal entities, and (or) by individual entrepreneurs in their implementation Business, and (or) persons engaged in private practice and not individual entrepreneurs who are not connected to the performance of payment agents; 3) in favour of foreign legal entities; 4) implemented in non-cash order; 5) implemented in accordance with the legislation on banks and banking activities. 3. The provisions of the Federal Act on the National Payment System apply only to the implementation by the Bank of Russia of monitoring under article 35, paragraph 1, of the Federal Act. of the law. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) Article 2. Basic concepts used in this Federal Law This Federal Law uses the following basic concepts: 1) a legal person, with the exception of a credit institution or an individual entrepreneor receiving funds from the payer for the goods being sold (performed work, services rendered) under this Federal Law, as well as a legal person, or Individual entrepreneor, paid for his or her accommodation premises and utilities in accordance with the Housing Code of the Russian Federation, as well as public authorities and local authorities Self-government, institutions under their responsibility, receiving the money of the payer in the performance of their functions as prescribed by the legislation of the Russian Federation; (In the wording of Federal Law from 08.05.2010 N 83-FZ ) 2) Payer-natural person making payment to the payment agent for the performance of a physical person's monetary obligations to the supplier; 3) a payment agent-legal the person, with the exception of a credit institution, or an individual entrepreneor, who carries out activities to receive payments of natural persons. Payment agent is the payment receipt operator or payment subagent; (In the wording of Federal Law dated 27.06.2011). N 162-FZ ) 4) a payment acceptance operator, a payment agent, a legal entity that concluded a contract with a supplier for payment of physical persons; 5) Payment subagent-payment An agent is a legal entity or an individual entrepreneor who has entered into a payment agreement with the operator of payment of payments to the physical persons; 6) a payment terminal is a device for receiving payment agents From a cash payer that operates in unattended mode without The participation of the authorized agent of the payment agent. Article 3. Receive payment activities for natural persons 1. Under the activity of receiving payments of natural persons (hereinafter referred to as payment) for the purposes of this Federal Law, the payment agent from the payer is recognized by the payment agent to fulfill the obligations to the supplier. Payment of goods (works, services), including payment for accommodation and utilities in accordance with the Housing Code of the Russian Federation THE RUSSIAN FEDERATION), as well as the payment agent's subsequent payments provider. 2. The payment agent is entitled to charge the payer in the amount determined by the agreement between the payment agent and the payer (hereafter the remuneration). 3. The cash obligation of the individual to the supplier is deemed to be fulfilled in the amount of the cash payment made to the payment agent, with the exception of the remuneration, from the time of transfer to the payment agent. Article 4. The conditions for accepting payments 1. The payment receipt operator is required to enter into a contract with the supplier for payment of payments to individuals on the terms of which the payment operator is entitled on behalf of or on behalf of the supplier and for the payment of the payment. The supplier's account is to be received by the payer in order to fulfil the financial obligations of the individual to the supplier, and is obliged to make subsequent payments to the supplier in the manner prescribed by the said contract, and in OF THE PRESIDENT OF THE RUSSIAN FEDERATION The expenses of cash received in the cash register of the legal entity or the cash register of an individual entrepreneu. 2. The supplier has the right to enter into a contract with the operator of payment of the contract for the payment of the payment of the persons referred to in Part 1 of this article, unless otherwise stipulated by the legislation of the Russian Federation. The Government of the Russian Federation has the right to establish a list of goods (works, services) for which payment agents are not entitled to accept payments from individuals. 2-1. A payment agent is not entitled to accept money in favor of credit institutions. (Part of the addition is the Federal Law of 05.05.2014. N 110-FZ) 3. The supplier is obliged to provide, upon request of the payer, information about payment agents paying in its favor, about places of payment, and also is obliged to provide to the tax authorities, upon request, a list of payment agents, on the payments made in its favour, and information on the place where the payments are received. (In the wording of Federal Law No. N162-FZ) 4. Performance of the obligations of the operator to receive payments to the supplier for the relevant calculations shall be ensured by the liquidated damages, deposit of assets of the debtor, sponsorship, bank guarantee, deposit insurance, risk insurance Civilian liability for failure to perform payments with the supplier or other means provided for in the contract for the receipt of payments of natural persons. 5. The payment operator is entitled to receive payments after it is submitted to the authorized body in accordance with the procedure established by the law on countering the legalization (laundering) of criminally obtained incomes and financing of terrorism and the harmonization of internal controls in that order. 6. The operator of the reception of payments in accordance with the requirements of the legislation on countering the legalization (laundering) of criminally obtained incomes and the financing of terrorism in the conduct of the identification of a natural person exercising The payment shall, in the prescribed cases, identify the individual making the payment. 7. The payment operator is entitled to involve other persons-payment subagents in order to receive payments, if such a right is provided for in a contract concluded with the supplier of the contract for the payment of payments of natural persons. In this case, the appropriate powers of the payment sub-agent do not require a notarial certificate. The payment sub-agent is not entitled to attract other persons for payment purposes. (In the wording of Federal Law No. N 162-FZ) 8. The payment of the payment is made on behalf of the payment operator or on behalf of the payment acceptance operator, and in the case where this is stipulated in the contract for the payment of payments to individuals entered into by the payment operator 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. The payment party must enter into a payment agreement with the payment receipt operator to accept payments of individuals on the terms of which the payment subagent is to the right of its own name on behalf of the receiving operator payment or on behalf of the supplier and at the expense of the supplier, the payment reception operator to receive the money from the payers in accordance with the terms of the contract stipulated in Part 1 of this Article and must also carry out subsequent calculation with the payment operator in accordance with the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION 10. The payment system is not entitled to receive payments requiring identification of the natural person making payment in accordance with the requirements of the legislation on countering the legalization (laundering) of proceeds of crime. the financing of terrorism. 11. The payment agent is required to have an appropriate contract for the payment of the payment of the natural persons referred to in this article. Activities of a legal person or an individual entrepreneor in the receipt of money from a natural person without the conclusion of a specified contract conforming to the requirements of this Federal Act or a performance contract It is prohibited to receive payments from individuals stipulated by the Federal Law "About banks and banking activities". 12. The payment agent is obliged to use the cash and control equipment at the time of payment, as well as to comply with the requirements of the legislation of the Russian Federation on the application of cash and control equipment in the implementation Cash payments. 13. The payment agent is required to provide the following information at each location where payment is received: 1) the address of the payment destination; 2) the location of the receiving operator Payments and payment subagent in the case of payment of payment by the subagent, as well as their identification numbers of the taxpayer; 3) the name of the supplier; 4) details of the performance contract payments by individuals between the payment acceptance operator and the supplier, and Also, the payment of the payment by the payment of a payment by a payment operator to the payment operator, in case of payment by a payment sub-agent; 5) the amount of the remuneration paid The payer of the payment operator and the payment subagent in the case of payment by the payment subagent, in the case of remuneration; 6) means of submitting claims; 7) vendor contact numbers, and payment operator, as well as a payment sub-agent in the event of a payment The payment subagent; 8) addresses and telephone numbers of the federal executive authorities authorized by the Government of the Russian Federation for the conduct of State control (supervision) of receiving payments. 14. The payment agent is required to use the special bank account (accounts) to make payments. (In the wording of Federal Law No. N162-FZ) 15. The payment agent is required to deposit cash received from the payers in the receipt of payments in cash for full credit to their special bank account (accounts). (In the wording of Federal Law No. N 162-F) 16. The payment agent's special bank account is able to perform the following operations: 1) enlistment of cash received from physical persons; 2) credit money written off from another special bank account of the payment agent; 3) write off money to a special bank account of the payment agent or vendor; 4) write off bank accounts. (Part added-Federal Law from June 27, 2011. N 162-FZ) 17. Payment agent special bank account is not allowed to perform other operations. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) 18. A vendor is required to use a special bank account when making payments to the payment agent. The supplier is not entitled to receive the money accepted by the payment agent as payments into bank accounts that are not special bank accounts. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) 19. The special bank account of the supplier can be operated on: 1) credits written off from the payment agent's special bank account; 2) write-off of funds for bank accounts. (Part added to the Federal Law of 27 June 2011) N 162-FZ) 20. No other transactions are permitted under the vendor's special account. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) 21. Credit organizations are not entitled to make payment statements or payments subagents, as well as to conclude contracts for the receipt of payments from individuals with suppliers or payment operators. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) Article 5. Special cash receipt requirements for the Payer payer payer 1. The receipt by the payment agent from the payer must be confirmed at the time of payment of the cash receipt confirming the payment. 2. The cash receipt issued by a payment agent to the payer and confirming the payment in question must comply with the requirements of the legislation of the Russian Federation on the application of cash registers in cash (a) The name of the cash settlement; (2) the name of the goods (works, services); (3) the total amount of cash received; 4) the amount paid by the payer in the On the occasion of its collection; 5) the date, time of receipt of cash, the number of the cash check and control equipment; 6) the address of the receiving location; 7) the name and location of the payment agent, The number of the supplier's contact telephone number and the payment receipt operator, as well as the payment subagent in the case of payment by the paying subagent. 3. All the particulars printed on the cash register shall be clear and easily legible for a period of not less than six months. 4. A cash check issued by a paying agent and confirming the payment may also contain other details in cases where this is provided for by the contract specified in article 4 of this Federal Law. Article 6. The requirements for automatic devices for receiving payments for individuals 1. Payment agents are entitled to use payment terminals when accepting payments. The payment terminal used by the payment agent should maintain cash and control equipment in its composition and provide automatic: 1) providing the payers with the information provided by the article 4 of this Federal Law; 2) the reception from the payers of information about the name of the supplier, the name of the goods (work, service) for which the monetary obligations of a natural person to the supplier are performed, the amount of the amount to the payment agent, as well as other information, If this is provided by the contract for the payment of payments by individuals; 3) receiving payers ' money; 4) printing cash checks and issuing them to payers after acceptance Cash. 2. Payment terminals used by payment agents when accepting payments can also provide other information and other functions in an automatic mode, unless otherwise stipulated by the legislation of the Russian Federation. 3. The payment terminal used by the payment agent must ensure the printing on the cashier's check of its number and the details provided for in Article 5 of this Federal Law, in an unadjusted form ensuring the identity of the information, registered on a cashier's check, control tape and the fiscal memory of cash registers. 4. The cash register equipment included in the payment terminal shall comply with the requirements of the legislation of the Russian Federation on the application of cash registers in cash payments. 5. If the address of the payment terminal is changed, the payment agent is obliged to notify the tax authority on the date of the change of the place of payment, indicating the new address of the place of installation of the cash register, in the payment terminal. 6. The use of devices other than payment terminals is not permitted to receive payments of natural persons without the participation of the authorised person of the payment agent. 7. The payment operator is not entitled to receive payments required under the legislation on countering the legalization (laundering) of proceeds of crime and the financing of terrorism. the person making the payment without the participation of his or her authorized person, and also to use payment terminals in receiving such payments. Article 7. Control of compliance with the requirements of the Federal Law 1. The monitoring of compliance with the requirements of this Federal Act is carried out in accordance with the procedure established by the legislation of the Russian Federation and the federal executive authorities authorized by the Government of the Russian Federation. The Federation for State Control (Supervision) for the Admission of Payments. 2. The payment operator is obliged to monitor the compliance of a payment agent with which he has an agreement to receive payment of natural persons, the requirements of this Federal Law. 3. Failure by the operator to accept payment of the requirements of this Federal Act is the basis for termination by the supplier of the payment of the contract of payment for the payment of natural persons. Failure to comply with the requirements of this Federal Act is a ground for termination by the operator of payment with such a payment sub-party of a contract for the payment of payments to natural persons. 4. Monitoring of compliance by payment agents with the obligation to credit the taxpayers received from the payers when accepting cash payments for full credit to their special bank account (s), as well as The tax authorities of the Russian Federation use payment agents and special bank accounts for payment purposes. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ)5. Banks are required to issue tax certificates to the tax authorities on the existence of special bank accounts in the bank and (or) cash balances in special bank accounts, bank statements in special bank accounts of organizations (individual bank accounts) ) within three days of receiving a motivated request from the tax authority. Special bank account statements and (or) cash balances in special bank accounts, as well as transactions in special bank accounts of organizations (individual entrepreneurs) in the bank may be Requested by tax authorities in cases where the control referred to in part 4 of this article is carried out in respect of these organizations (individual entrepreneurs). (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) 6. The form (s) and the procedure for sending a request to the bank by the tax authorities are established by the federal executive authority responsible for control and supervision in the field of taxes and duties. The form and procedure for the provision of information by banks on requests of tax authorities is established by the federal executive authority, the Commissioner for Control and Supervision of Taxes and Fees, in coordination with the Central Bank of the Russian Federation. THE RUSSIAN FEDERATION The formats of electronic information on requests of tax authorities by banks are approved by the Central Bank of the Russian Federation in coordination with the federal executive authority responsible for control and supervision in the region. taxes and fees. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) 7. The payment operators are obliged to provide the tax authorities with information about the payments made within three days from the date of receipt of the reasoned request of the tax authority. Information on the calculations made may be requested by the tax authorities in cases of control provided for in Part 4 of this Article. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) 8. The form (s) and order of the tax authority's request to the operator for the receipt of payments shall be established by the federal executive authority responsible for monitoring and supervision in the field of taxes and duties. The form and procedure of the operator to receive payment of information upon request of tax authorities is established by the federal executive authority, the Commissioner for control and supervision in the field of taxes and duties. The formats for electronic payment by operators of information on tax requests are approved by the federal executive authority responsible for monitoring and oversight in the field of taxes and duties. (Part of the addition is the Federal Law of 27 June 2011). N 162-F) Article 8. Final provisions 1. The cash register included in the State Register of Control and Cash Equipment until the date of the entry into force of this Federal Law and not conforming to the requirements of this Federal Law may be applied when accepting payments On 1 January 2014, if it was registered by the payment agent in the tax authorities until 1 January 2011. 2. 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 this Federal Act. 3. After 1 April 2010, the receipt of payments without the use of the cash register specified in part 1 or 2 of this article is not allowed. 4. Receive payments without the acceptance of the cash received from individuals in a special bank account specified in articles 14 and 15 of article 4 of this Federal Act, as well as receiving the money received from the payment card. As a payment, bank accounts other than the special bank accounts specified in article 4, paragraph 18, of this Federal Act are not permitted. (Part of the addition is the Federal Law of 27 June 2011). N 162-FZ) (Article in the wording of Federal Law No. N 289-FZ) Article 9. Entry into force of this Federal Law 1. This Federal Act shall enter into force on 1 January 2010, with the exception of article 4, paragraph 12, article 5, paragraphs 1, 4 and 5, of this Federal Act. 2. Article 4, part 12, article 5, parts 1, 4 and 5 of article 6 of this Federal Law shall enter into force on 1 April 2010. (Article in the wording of Federal Law dated 28.11.2009. N 289-FZ) President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 3 June 2009 N 103-FZ