Money transfers are carried out in the Russian Federation in accordance with 161- "On the National Payment System". The essence of this normative act is to establish the organizational basis of the NPS. The document also regulates the procedure for conducting cash transactions. The changes introduced in 161- "On the National Payment System" concerned electronic means used in the process of transfers. Let's consider in more detail some norms.
General information
The national payment system 161-FZ is defined as the totality of money transfer operators, agents and postal service organizations. The provision of services is carried out in accordance with the contracts. They are concluded with customers and between operators. The transfer of funds is carried out within the framework of the used forms of cashless transfer, in accordance with the requirements of regulatory acts of the Russian Federation.
Features of participation in the NPS
161 The Federal Law "On the National Payment System" determines that banking subagents provide money transfer services in accordance with agreements. They are issued with operators and agents. In this case, the requirements of Art. 14 161- "On the national payment system". Postal organizations have the right to provide money transfer services in accordance with regulatory act No. 176 of 17.-07.1999. Payment agents participate in the system according to the rules established by the Federal Law No. 103 of 03.06.2009.
Translation Rules
161- “On the National Payment System” provides that the provision of services by an operator is based on a client’s order. It can be either the recipient or the sender of funds. The order must be executed in accordance with the rules provided for the applicable form of cashless transfer. The transfer is carried out at the expense of the payer. They can be on his individual account or provided to them without opening a payment account. The funds received from the client are credited to the addressee's account or issued in cash. A transfer can be made by accounting for money in favor of the addressee without opening a payment account. This situation occurs, in particular, in the transfer of electronic money.
161- "On the national payment system": clarifications
It is not a transfer that a client deposits cash into his own bank account or receives funds from it from one operator. The term for crediting money for the provision of services, under 161-, should not exceed three business days from the moment they are debited from the account or from the date the client provided the money. In addition to the operator, intermediaries can participate in the transfer of funds. Unless otherwise stipulated by the form of cashless transfer used or by federal law, irrevocability of the transfer occurs when the money is debited from the account or provided by the client. An exception is the movement of electronic means. The unconditionalness of the transfer, in accordance with 161- "On the National Payment System", occurs from the moment the conditions specified by the client are fulfilled. This rule applies to cases of counter-presentation of documents, transfers in another currency, transfer of financial instruments (securities). The finality of the transfer, if the client is served by one operator, occurs at the time of depositing funds to the account of the recipient or ensuring the possibility of issuing cash. This rule does not apply to electronic money transfers. If the client is served by different operators, the finality of the transfer occurs when funds are credited to the account of the recipient's operator. In this case, the requirements of Art. 25 161- "On the national payment system".
Operator Obligations
They cease at the moment the translation is final. The operator, before crediting funds to the beneficiary's account or issuing them to him in cash, must provide customers with the opportunity to familiarize themselves with information on the conditions for the provision of services. Information should be accessible to understanding. Familiarization is carried out including:
- The size of the commission and the procedure for its collection, if it is provided for in the contract.
- The method of determining the exchange rate when performing a transfer in foreign currency.
- The procedure for sending claims.
- Other information relevant to the provision of payment services.
Features of transfers at the request of the recipient
In case of direct debiting, the operator, in accordance with the agreement with the payer, deducts funds from his account with his consent (acceptance) according to the order received. The right to make a claim must be provided for by agreement with the recipient. The payer may give consent before receiving the order or after that. Acceptance may be provided for in an agreement with the operator or may be executed as a separate document (message). The client has the right to consent to one or more recipients or claims. The order may be sent directly to the operator or through him. In the absence of preliminary acceptance, the service provider must transfer the request for consent no later than the day following the receipt of the message. If it was given in advance, and the recipient's order meets his conditions, it must be implemented. The term and size of execution is established by acceptance. If the requirements of the recipient contradict the conditions of the consent of the payer or there is no opportunity to verify them, the operator must return the order without execution. The contract may establish the obligation of the servicing entity in such a case to request acceptance.
161-FZ "On the National Payment System": Article 9
This regulatory act provides for provisions governing the rules for the use of electronic means. It is carried out in accordance with the contract. The agreement is between the operator and the client or only between the first. The serving entity has the right to refuse to draw up a contract.
General order
Before concluding an agreement on the use of electronic means of payment, the operator must inform the client of all conditions. In particular, familiarization is carried out with any restrictions, as well as cases of increased risk of operations. The operator is also required to inform about each transfer of electronic funds. For this, a corresponding notification is sent to the client. The rules for its execution and dispatch are established in the contract. The responsibilities of the operator also include ensuring the possibility of sending a notification about the loss of an electronic payment tool or its use in the absence of the consent of the client. All notices must be recorded, and the relevant information must be stored for three years. The operator is obliged to provide information and documents related to the use of electronic means of payment by the client. The rules in accordance with which this is carried out are determined by the contract. The operator must also consider applications, in case of disputes, including those related to the use of electronic means of payment. The client should be given the opportunity to receive information about the results of the proceedings on his appeals.
Termination / suspension of use of electronic means
161- allows these actions if there is a notification received from the client. Termination / suspension of use may also be initiated by the operator. In the latter case, this is allowed when the client commits a violation of the rules established in the contract. Termination / suspension of use does not eliminate the obligations of the operator and the client to transfer money if they arose before the adoption of the relevant decision.
Additionally
In case of loss or use of electronic means of payment without the consent of the client, he must send a notification to the operator. The form of notification is determined by the contract. A notification shall be sent immediately after revealing the relevant fact and no later than the day following the day of acceptance of information on the commission of an unauthorized operation. After receiving the notice, the operator must compensate the amount written off without his consent to the client.
Nuances
If the operator does not fulfill the obligations related to informing the client about the operations performed in accordance with Part 4 of Art. 9 of the law in question, he is obliged to refund the amounts, the write-off of which the user was not notified and which were transferred without his consent. If the service provider sent notifications in accordance with the requirements of the regulatory enactment, and the client did not send him messages according to the rules of Part 11 of Art. 9, no compensation is provided. If the operator fulfills the obligation to inform the individual user of the operation under Part 4, and the citizen, in turn, sent a notification in accordance with Part 11, the first is obliged to reimburse the amount debited without consent, until the individual sends an unauthorized message actions. In this case, compensation is awarded if the service provider does not prove that the client violated the rules for using electronic payment means, which entailed the corresponding consequences. There are, however, exceptions to this rule.
The provisions of part 15 of article 9 of the normative act in question regarding the operator’s obligation to reimburse the individual client the amount of the transaction carried out without his consent, until the moment they send the corresponding notification, do not apply to cases of using electronic means of payment provided for in part 4 of Art. ten.