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2.3. Transfer procedure Money in Russian Federation

Currently, in the Russian Federation, the procedure for transferring funds is regulated by Bank of Russia Regulation No. 383-P “On the Rules for Transferring Funds”.

The transfer of funds is carried out within the framework of the following forms of cashless payments(see fig. 2.3.1.):

Rice. 2.3.1. Forms of non-cash payments.

Forms of non-cash payments are chosen by bank customers independently and may be provided for by agreements concluded by them with their counterparties.

Bank customers draw up funds transfer orders, on the basis of which funds are transferred. The Bank of Russia used the general term “instructions” to designate all documents on the basis of which credit institutions carry out money transfers. Regulation No. 383-P establishes detailed descriptions and characteristics of the following orders:

- payment order;

- collection order;

– payment request;

- payment order.

The listed forms of orders are used in all forms of non-cash payments. In addition to the four indicated forms of orders, other types of orders may be used in banking practice, for which the Regulations do not establish a list of details and forms. If a credit institution uses “non-standard” orders in its activities, then their forms, details and the procedure for working with them must be approved by the internal documents of the credit institution.

To settlement (payment) documents, in addition to orders for the transfer of funds, bank warrants also apply.

According to the Bank of Russia, in January-September 2013, 3,242.9 million units were used in Russia. payment documents in the amount of 321,333.4 million rubles, of which 97.2% are payment orders, 0.6% are payment requests and collection orders, 0.0% are checks, and about 2% are bank orders.

Orders can be drawn up both in electronic form (including using electronic means of payment) and on paper. On the basis of the order of the payer, the bank of the payer may draw up an order and carry out a one-time and periodic transfer of funds.

In the money transfer scheme drafters of orders transfer of funds can be:

- payers;

- recipients of funds;

– collectors of funds (i.e. persons or bodies entitled, on the basis of the law, to present orders to the bank accounts of payers);

Legal entities, individual entrepreneurs, individuals, banks act as payers and recipients of funds.

Credit institutions transfer funds in rubles to the bank accounts of their customers, as well as without opening bank accounts on the basis of transfer orders. Banks transfer funds through bank accounts through:

- writing off funds from the bank accounts of payers and crediting funds to the bank accounts of recipients of funds;

- write-offs of funds from the bank accounts of payers and the issuance of cash to recipients of funds - individuals;

- writing off funds from the bank accounts of payers and increasing the balance of electronic funds of recipients of funds.

– Credit institutions transfer funds without opening bank accounts, including using electronic means of payment, through:

- acceptance of cash, instructions of the payer - an individual and crediting of funds to the bank account of the recipient of funds;

- acceptance of cash, instructions of the payer - an individual and the issuance of cash to the recipient of funds - an individual;

- acceptance of cash, instructions of the payer - an individual and increase in the balance of electronic funds of the recipient of funds;

- reducing the balance of the payer's electronic money and crediting funds to the bank account of the recipient of funds;

- reducing the balance of the payer's electronic money and issuing cash to the recipient of funds - an individual;

– decrease in the balance of the payer's electronic money and increase in the balance of the recipient's electronic money.

Let us consider in more detail the forms of non-cash payments.

1. Settlements by payment orders. When making payments by payment orders, the payer's bank undertakes to transfer funds to the payer's bank account or without opening the payer's bank account (for an individual) to the recipient of funds specified in the payer's order.

Schematically, settlements by payment orders can be depicted as follows (see Fig. 2.3.2. and 2.3.3.).

Rice. 2.3.2. Scheme of settlements by payment orders on the bank account of the payer.

Based on the requirements of the regulator arising from Regulation No. 383-P, it is possible to determine when a credit institution uses a settlement (payment) document in the form of a payment order.

Rice. 2.3.3. Scheme of settlements by payment orders without opening a bank account of the payer.

First, legal entities and individuals can give orders to write off funds from their bank accounts, including the transfer of funds from a deposit account. An order can be drawn up for a total amount with a register that includes orders from one priority group on the transfer of funds to several recipients.

Secondly, legal entities can give instructions to make settlements without opening an account, including using electronic payment tools, to transfer electronic funds from a client's bank account to a bank account. Otherwise, a legal entity may submit an electronic order for the transfer of funds, including by means of an electronic money transfer, on the basis of which the bank will draw up a settlement document - a payment order.

In a similar manner, an individual payer gives an order to transfer funds without opening a bank account, which can be drawn up in the form of an application. The form of the instruction to transfer funds without opening a bank account of the payer-individual on paper is established by the credit institution or the recipients of funds in agreement with the bank. It must contain the details of the payer, recipient of funds, banks, the amount of the transfer, the purpose of the payment, and other information as agreed with the bank. Based on the order of the payer-individual, provided in electronic form or on paper, the credit institution draws up a settlement document - a payment order and makes settlements. Based on the instructions of individual payers, a credit institution may draw up a payment order for the total amount and send it to the recipient bank of the register or instructions of individual payers.

Thirdly, the bank itself can act as a payer or recipient of funds. He has the right to independently develop a form of order, on the basis of which a payment order will be drawn up, except for the case when the payer is the bank itself, and the recipient is the bank's client. Then the transfer of funds to the bank account of the client-recipient of funds is carried out by the bank on the basis of a settlement document drawn up by it - a bank order. If the payer is a bank, the transfer of funds to the bank account of the client - recipient of funds can be carried out by the bank on the basis of a bank order drawn up by it.

A payment order as a settlement document performs the function of an order or a settlement document drawn up on the basis of an order for non-cash settlements by payment orders, settlements under a letter of credit, settlements in the form of electronic money transfers.

Note that the payment order is valid for submission to the bank within 10 calendar days from the date of its preparation.

2. Settlements under a letter of credit. When settling under a letter of credit, a bank acting on the order of the payer to open a letter of credit and in accordance with its instructions undertakes to transfer funds to the recipient of funds, provided that the recipient of the funds submits the documents stipulated by the letter of credit and confirming the fulfillment of its other conditions, or authorizes another bank to execute letter of credit.

Thus, the following features of the letter of credit form of payment can be distinguished:

- the recipient of funds, before receiving the money, must fulfill the conditions stipulated by the letter of credit, for example, he must first ship the goods and provide documents confirming the shipment to his bank;

- the recipient of funds before the fulfillment of his part of the contract (for example, before the shipment of the goods) knows that the money for him is deposited with the buyer or there is a bank guarantee in case the buyer fails to fulfill its obligations to transfer funds;

- on the part of the payer, an important condition is the fact that the delivered goods will be of proper quality, in the agreed volume and assortment (for this, it is necessary to indicate in the terms of the letter of credit that the seller must submit certain documents to the bank confirming the quality, quantity and assortment of goods).

The bank acting on the order of the payer to open a letter of credit is called the issuing bank. The executing bank may be the payer's bank, the beneficiary's bank or another bank. The issuing bank has the right to open a letter of credit on its own behalf and at its own expense. In this case, the issuing bank is the payer.

Details and form (on paper) of the letter of credit are established by the bank. The letter of credit must contain the following mandatory information:

– number and date of the letter of credit;

- the amount of the letter of credit;

- details of the payer;

- details of the issuing bank;

- details of the recipient of funds;

– details of the executing bank;

- type of letter of credit;

– validity period of the letter of credit;

– method of execution of the letter of credit;

- a list of documents to be submitted by the recipient of funds, and requirements for the submitted documents;

- purpose of payment;

- deadline for submission of documents;

– the need for confirmation (if any);

- the procedure for paying bank commissions.

The letter of credit may contain other information.

In Russia, the following can be used types of letters of credit.

Covered (deposited) letter of credit. This form of letter of credit is the most common, it provides that the buyer opens an account with a bank (issuing bank) and deposits funds into it in the amount necessary to pay for the letter of credit (or takes them from this bank on credit against collateral). The issuing bank transfers these funds to the correspondent account of the executing bank. When the time comes for the execution of the letter of credit, the executing bank transfers the funds in its correspondent account to the seller's account (see Fig. 2.3.4.).

Rice. 2.3.4. Settlement scheme for a deposited letter of credit.

The executing bank communicates the terms of the letter of credit received from the issuing bank to the recipient of funds. The transfer of funds to the executing bank as coverage for a covered (deposited) letter of credit is carried out by a payment order of the issuing bank indicating information that allows the establishment of a letter of credit, including the date and number of the letter of credit. The recipient of funds can submit documents directly to the issuing bank. Under a covered (deposited) letter of credit, the issuing bank is obliged to request confirmation from the nominated bank that the recipient of funds did not submit documents to the nominated bank, and has the right to demand that the nominated bank return the coverage amount based on a request confirming the submission of documents by the recipient of funds to the issuing bank, and in the case of a confirmed letter of credit, also the execution of the letter of credit by the issuing bank. In this case, the executing bank shall return the coverage amount no later than the business day following the day of receipt of the issuing bank's request. The execution of the letter of credit is carried out by transferring funds by payment order of the executing bank to the bank account of the recipient of funds or by crediting the appropriate amount to the bank account of the recipient of funds in the executing bank. After the execution of the letter of credit, the executing bank sends to the issuing bank a notice of the execution of the letter of credit indicating the amount of execution and attaching the submitted documents no later than three working days after the date of execution of the letter of credit. When it is established that the documents accepted by the executing bank from the recipient of funds do not conform to the terms of the letter of credit, the issuing bank has the right to demand from the executing bank the return of the amounts paid to the recipient of funds at the expense of the coverage transferred to the executing bank (under the covered (deposited) letter of credit), reimbursement of the amounts debited from the correspondent account opened with the executing bank, or refuse to reimburse the executing bank for the amounts paid to the recipient of funds (under an uncovered (guaranteed) letter of credit). When closing a covered (deposited) letter of credit, the return of unused funds to the issuing bank is carried out by a payment order of the executing bank no later than the business day following the day the letter of credit is closed.

Uncovered (guaranteed) letter of credit. The parties may agree to use an uncovered letter of credit. In this case, the issuing bank does not transfer funds to the executing bank, but when the time comes for the execution of the letter of credit, the executing bank writes off the required amount from the account of the issuing bank opened with it to the seller's settlement account. In this case, the buyer's bank guarantees payment to the seller's bank. In turn, the buyer must guarantee payment to the bank by providing security. The advantage of this form of letter of credit for the buyer is that in order to open a letter of credit, it is not required to withdraw own funds from circulation (see Fig. 2.3.5.)

Rice. 2.3.5. Guaranteed letter of credit settlement scheme.

When executing an uncovered (guaranteed) letter of credit, the executing bank has the right not to execute the letter of credit until funds are received from the issuing bank, except for the case of confirmation of the letter of credit by the confirming bank.

irrevocable the letter of credit cannot be canceled at the unilateral application of the buyer without the consent of the seller. Most letters of credit are irrevocable as this ensures the interests of the supplier. The consent of the recipient of funds to change the terms of an irrevocable letter of credit may be expressed by submitting documents corresponding to the amended terms of the letter of credit. The terms of an irrevocable letter of credit are changed or an irrevocable letter of credit is canceled from the day following the day the executing bank receives the application of the recipient of funds with his consent, of which the executing bank notifies the issuing bank no later than three working days from the day the application of the recipient of funds is received.

However, it must be taken into account that if it is not expressly stated that the letter of credit is irrevocable, then it is considered revocable. When executing a revocable letter of credit, the executing bank executes the letter of credit in the full amount and on the current terms of the letter of credit if, before the submission of documents, the recipient of funds did not receive notice from the issuing bank about the cancellation of the letter of credit or changes in other conditions of the letter of credit, in terms of the amount of the letter of credit - upon receipt from the issuing bank notice of reduction in the amount of the letter of credit.

When establishing the compliance of the submitted documents with the terms of the letter of credit, the executing bank executes the letter of credit. The execution of a letter of credit can be carried out by the bank in the following ways:

- immediately upon submission of documents no later than three business days from the date the bank makes a decision on the compliance of the documents submitted by the recipient of the funds with the terms of the letter of credit, but no later than three business days after the expiration of the five-day period established for verification of the submitted documents;

- with a delay in execution on a date (dates) determined by the terms of the letter of credit or a fixed period, starting from the date of certain actions, including the submission of documents, shipment of goods;

– in any other way provided for by the terms of the letter of credit.

When it is established that the submitted documents do not comply with the terms of the letter of credit on external signs, the executing bank has the right to refuse to execute the letter of credit, notifying the recipient of funds and the issuing bank, motivating the refusal. The executing bank may first request the issuing bank for consent to accept the submitted documents with discrepancies. In this case, the documents are stored in the executing bank until a response from the issuing bank is received. If the payer gives the issuing bank consent to accept the submitted documents with discrepancies, the issuing bank has the right to give its consent to the executing bank to execute the letter of credit. If the payer refuses to accept documents with discrepancies, the issuing bank is obliged to notify the executing bank of this, indicating in the notification all discrepancies that are the reason for the refusal.

3. Settlements by collection orders. Collection orders apply:

- in case of collection settlements in cases stipulated by the contract;

- when making settlements on orders of creditors of funds.

The recipient of funds may be a bank, including the payer's bank.

The collection order is drawn up, presented, accepted for execution and executed in electronic form, on paper.

The use of collection orders in settlements for collection is carried out, firstly, if there is a condition in the bank account agreement between the payer and his bank on debiting funds from the bank account, and secondly, the payer submits to the payer's bank information about the recipient of funds who has the right to present collection orders to the bank account of the payer.

The right to submit collection orders to the payer's bank account can be confirmed by the recipient of funds by submitting relevant documents to the payer's bank.

If the recipient of funds is the payer's bank, the condition for debiting funds from the payer's bank account may be provided for by the bank account agreement on the basis of a bank order drawn up by the bank.

The payment scheme for collection orders is shown in Figure 2.3.6.

Rice. 2.3.6. Settlement scheme by collection orders.

The collection order of the recoverer of funds may be presented to the payer's bank through the bank of the recipient of funds. The beneficiary's bank, which has accepted the collection order for the purpose of collecting funds, is obliged to present the collection order to the payer's bank.

A collection order presented through the recipient's bank is valid for presentation to the recipient's bank within 10 calendar days from the date of its preparation.

4. Settlements by checks. This, practically not used today, form of payment in Regulation No. 383-P is given several paragraphs, indicating that a bank that wants to work with them can develop internal rules. The check may contain details determined by the credit institution; the form of the check is established by the credit institution; the credit institution is obliged to verify the authenticity of the check, as well as that the bearer of the check is a person authorized by it; checks of credit institutions are used when transferring funds, except for the transfer of funds by the Bank of Russia. The calculation scheme is shown in Figure 2.3.7.

Note that the check serves as an order, but not a settlement (payment) document. Based on the check presented for payment, the credit institution must form its settlement (payment order) or cash (cash order) document, thereby substantiating the movement of funds.

Rice. 2.3.7. Payments by checks.

5. Settlements in the form of transfer of funds at the request of the recipient of funds (direct debit). When making non-cash payments in the form of transfer of funds at the request of the recipient of funds, a payment request is mainly applied.

If the recipient of funds is a bank (for example, in the case when direct debiting is used to repay the debt of the borrower on a loan in his bank), the debiting of funds from the bank account of the client-payer, if there is a pre-given acceptance of the payer, can be carried out by the bank in accordance with the bank account agreement on the basis of bank order drawn up by the bank (see Fig. 2.3.8.)

The payment request is drawn up, presented, accepted for execution and executed in electronic form, on paper.

A payment request may be submitted to the payer's bank through the beneficiary's bank.

A payment request submitted through the beneficiary's bank is valid for submission to the beneficiary's bank within 10 calendar days from the date of its preparation.

Rice. 2.3.8. Settlements in the form of transfer of funds at the request of the recipient of funds.

6. Electronic money transfers. This form of non-cash payments is regulated by the Federal Law of June 27, 2011 No. 161-FZ “On the National Payment System”.

Banks can make transfers, including various conversions of electronic money into traditional (cash, non-cash) money and vice versa, including:

– money transfers through bank accounts;

– money transfers without opening bank accounts.

In the first case, transfers are made by writing off funds from the bank accounts of payers and increasing the balance of electronic money (EMF) of the recipients of funds.

In the second case - when making transfers without opening bank accounts (with the sender of the payment) - the following options are possible:

a) acceptance of cash, instructions of the payer - an individual and increase in the balance of the recipient's EMF;

b) decrease in the balance of the payer's EMF and crediting of funds to the bank account of the recipient of funds;

c) reducing the balance of the payer's EMF and issuing cash to the recipient of funds - an individual;

d) decrease in the balance of the payer's EMF and increase in the balance of the payee's EMF.

Note that in accordance with Federal Law No. 161-FZ, a bank that makes electronic money transfers is called electronic money operator.

When making non-cash payments in the form of an electronic money transfer, the client provides funds to the electronic money operator on the basis of an agreement concluded with him.

Note that the electronic money operator is not entitled to provide the client with funds to increase the client's electronic money balance. The electronic money operator is not entitled to accrue interest on the client's electronic money balance.

The transfer of electronic money is carried out by simultaneously accepting the client's order by the electronic money operator, reducing the payer's electronic money balance and increasing the recipient's electronic money balance by the amount of the electronic money transfer.

Consider further procedures for acceptance for execution, revocation, return (cancellation) of orders and the procedure for their execution. The procedure for performing such procedures is established by credit institutions and communicated to customers, claimants, credit institutions in contracts, documents explaining the procedure for performing procedures for accepting orders for execution, as well as by posting information at customer service points.

Procedures for accepting orders for execution include:

1) certification of the right to dispose of funds (certification of the right to use an electronic means of payment);

2) control of the integrity of orders;

3) structural control of orders;

4) control of values ​​of details of orders;

5) control of the sufficiency of funds.

Let's explore each of these steps in more detail.

1) Certification of the right to dispose of funds when accepting for execution an order in electronic form, it is carried out by the bank by checking the electronic signature, an analogue of a handwritten signature and (or) codes, passwords. Certification of the right to dispose of funds upon acceptance for execution of an instruction on paper is carried out by the bank by checking the presence and compliance of the handwritten signature and seal imprint with the samples declared to the bank in the signature and seal sample card. When accepting for execution an order of an individual to transfer funds without opening a bank account on paper, the credit institution checks for the presence of a handwritten signature. Certification of the right to use an electronic means of payment is carried out by a credit institution by checking the number, code and (or) other identifier of the electronic means of payment.

2) Control of the integrity of the order in electronic form is carried out by the bank by checking the invariance of the details of the order. The control of the integrity of the order on paper is carried out by the bank by checking the absence of changes (corrections) made in the order. Registration of orders in electronic form, on paper, is carried out in the manner established by the bank, indicating the date of receipt of the order, while the orders of the collectors of funds are subject to mandatory registration.

3) Structural control of disposition in electronic form is carried out by the bank by checking the established details and the maximum number of characters in the details of the order. Structural control of the instruction on paper is carried out by the bank by checking the compliance of the instruction with the established form.

4) Controlling the values ​​of order details is carried out by checking the values ​​of the details of the orders, their admissibility and compliance. Upon receipt of the order of the payer requiring the consent of a third party to dispose of the payer's funds, the payer's bank monitors the presence of the consent of the third party in the manner prescribed by law and the agreement. The consent of a third party to the disposal of the payer's funds may be given in electronic form or on paper in the manner prescribed by the agreement.

Upon receipt of the order of the recipient of funds requiring acceptance the payer's bank, the payer's bank monitors the presence of the payer's pre-given acceptance or, in the absence of the payer's pre-given acceptance, receives the payer's acceptance.

The payer's advance acceptance may be given in an agreement between the payer's bank and the payer and (or) in the form of a separate message or document, including a statement of advance acceptance. In advance, this acceptance must be given before the presentation of the order of the recipient of funds. This acceptance may be given in advance in respect of one or more bank accounts of the payer, one or more recipients of funds, one or more instructions of the recipient of funds.

The payer's acceptance is received by the payer's bank by transmitting the order of the recipient of funds or a notification in electronic form or on paper for acceptance to the payer and receiving acceptance (refusal of acceptance) of the payer with drawing up an application for acceptance (refusal of acceptance) of the payer. The orders of the recipients of funds are placed in the queue of orders pending acceptance.

5) Control of the sufficiency of funds in the bank account of the payer is carried out by the payer's bank upon acceptance for execution of each order repeatedly or once in the manner established by the bank. If there are sufficient funds on the bank account of the payer, the instructions are subject to execution in the sequence of receipt of instructions by the bank, receipt of acceptance from the payer. In case of insufficient funds on the payer's bank account, the instructions are not accepted by the bank for execution and are returned (cancelled), except for:

- instructions on the transfer of funds to the budgets of the budgetary system of the Russian Federation;

– orders of creditors of funds;

– orders accepted by the bank for execution or presented by the bank in accordance with the agreement.

The specified orders accepted for execution are placed by the bank in the queue of orders not executed on time for the execution of orders on time and in the order of priority for debiting funds from a bank account, which are established by the Civil Code of the Russian Federation. If the funds on the account are not enough to satisfy all the claims against it, the funds are debited in the following order (see Fig. 2.3.9.).

The sufficiency of funds under the instructions accepted for execution for the purpose of transferring funds without opening a bank account is determined by the credit institution based on the amount of funds provided by the client.

When carrying out transactions using electronic means of payment, the credit institution of the recipient of funds, in the cases provided for by the agreement, receives the consent of the credit institution of the payer to carry out the transaction using the electronic means of payment. This process is referred to as - authorization. In the event of a positive result of the authorization, the payer's credit institution is obliged to provide funds to the recipient's credit institution in the manner prescribed by the agreement.

In case of a positive result of the procedures for accepting an order for execution in electronic form, the bank accepts the order for execution and sends an electronic notification to the sender of the order about acceptance of the order for execution. If an order is placed in the queue of orders not executed on time in the order and in the notification in electronic form, the bank shall indicate the date of placing the order in the queue. In case of a positive result of the procedures for accepting for execution of an instruction on paper, the bank accepts the instruction for execution, confirms the acceptance of the instruction for execution by setting the date of acceptance for execution, the date of placing the instruction in the queue of instructions not executed on time, the stamp of the bank and the signature of the authorized person of the bank and returns to the sender of the order, a copy of the order in the manner and within the time period stipulated by the agreement, but no later than the business day following the day the order was received by the bank.

Rice. 2.3.9. The sequence of debiting funds in case of insufficiency of funds in the account.

In the event of a positive result of the procedures for accepting for execution of a paper-based instruction submitted for the purpose of transferring funds without opening a bank account, the credit institution shall accept the instruction for execution and, immediately after completing the procedures for accepting the instruction for execution, provide the sender of the instruction with a copy of the instruction on paper or a credit card document. organization on paper, confirming the acceptance of the order for execution, with the date of receipt and the marks of the bank, including the signature of an authorized person of the bank.

In case of a negative result of the procedures for accepting an order for execution in electronic form, the bank does not accept the order for execution and sends the sender of the order an electronic notice of the cancellation of the order, indicating information that allows the sender of the order to identify the order being canceled, the date of its cancellation, as well as the reason for the cancellation, which may be indicated in the form of a code established by the bank and brought to the attention of the sender of the order. In case of a negative result of the procedures for accepting for execution an instruction on paper, transferred for the purpose of transferring funds to a bank account, the bank does not accept the instruction for execution and returns it to the sender of the instruction with the date of return, the bank's mark on the reason for the return, the bank's stamp and the signature of the authorized bank's person no later than the business day following the day the bank receives the instruction. In the event of a negative result of the procedures for accepting for execution of a hard copy instruction submitted for the purpose of transferring funds without opening a bank account, the credit institution shall not accept the instruction for execution and immediately after completing the procedures for accepting the instruction for execution shall return it to the sender of the instruction.

Cancellation of unexecuted orders is carried out by the bank no later than the business day following the day on which the grounds for the cancellation of the order arose, including the receipt of an application for withdrawal.

Order Execution Procedures include:

- execution of orders in the manner established by banks, by debiting funds from the payer's bank account, crediting funds to the recipient's bank account, dispensing cash to the recipient of funds, or recording information on electronic money transfers;

– partial execution of orders;

- confirmation of the execution of orders.

The order of execution procedures orders, including orders for a total amount with registers, is established by credit institutions and communicated to customers, claimants, credit institutions in contracts, documents explaining the procedure for fulfilling order execution procedures, as well as by posting information at customer service points.

The beneficiary's bank establishes the procedure for crediting funds to the beneficiary's bank account, while it is allowed to credit funds to the beneficiary's bank account using two details: the beneficiary's bank account number and other information about the beneficiary.

Partial execution of orders of payers, recipients of funds, including orders for which a partial acceptance of the payer, collectors of funds is given, is carried out by the bank payment order in electronic form or on paper.

A payment order drawn up by a bank for the purpose of partial execution of the order of the recipient of funds, according to which a partial acceptance of the payer was received, if there are insufficient funds on the payer's bank account, it is placed in the queue of orders not executed on time.

When maintaining a queue of orders not executed on time in electronic form, the bank shall ensure the possibility of providing information on the partial execution of the order.

Partial execution of the order of the payer (recipient of funds) in electronic form or on paper, transmitted for the purpose of transferring funds to a bank account, is confirmed in the manner established by the bank, by:

– sending a notice to the payer (recipient of funds) in electronic form indicating the details of the payment order or sending a payment order in electronic form indicating the date of execution;

– submission to the payer (recipient of funds) of a copy of the executed payment order on paper, indicating the date of execution, affixing the stamp of the bank and the signature of the authorized person of the bank.

The execution of an order in electronic form for the purpose of transferring funds through a bank account is confirmed:

- by the payer's bank by sending the payer an electronic notice of the debiting of funds from the payer's bank account indicating the details of the executed order or by sending the executed order in electronic form indicating the date of execution;

– by the beneficiary's bank by sending a notice to the beneficiary of funds on crediting funds to the beneficiary's bank account indicating the details of the executed order or by sending the executed order indicating the date of execution.

Execution of an instruction on paper in order to transfer funds through a bank account is confirmed:

– by the payer's bank by presenting to the payer a copy of the executed order on paper, indicating the date of execution, affixing the bank's stamp and signature of the authorized person of the bank. In this case, the stamp of the payer's bank may simultaneously confirm the acceptance for execution of an instruction on paper and its execution;

– by the beneficiary's bank by presenting to the beneficiary of funds a copy of the executed instruction on paper, indicating the date of execution, affixing the bank's stamp and signature of the authorized person of the bank.

Execution of the client's instruction when performing a transaction using an electronic means of payment is confirmed by the credit institution by sending to the client, in accordance with the procedure established by the agreement, a notice to the credit institution in electronic form or on paper, confirming the execution of the transaction using an electronic means of payment, which must indicate:

– name or other details of the credit institution;

– number, code and (or) other identifier of the electronic means of payment;

- type of operation;

- Date of operation;

- the amount of the transaction;

– the amount of the commission fee, if any;

– identifier of the device when it is used to carry out a transaction using an electronic means of payment.

A notice confirming the execution of a transaction using an electronic means of payment may contain Additional information set by the credit institution.

In conclusion, we note that, according to clause 1.8 of Regulation No. 383-P, credit institutions must approve internal documents containing:

- the procedure for drawing up orders;

– the procedure for performing the procedures for accepting for execution, revocation, return (cancellation) of orders;

- the procedure for the execution of orders;

– other provisions on the organization of activities of credit institutions for the transfer of funds.

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The law on the national payment system gave the right to organizations and citizens, when paying for goods, works and services, to use electronic wallets and electronic means of payment (e-money). And banks, accordingly, were granted the right to carry out transfers of electronic funds. Consider qualification issues for the purposes accounting electronic money transfer transactions, including without opening bank accounts, as well as accounting for these transactions on balance accounts.

Although electronic money settlements in Russia have actually been carried out for several years, the very concepts of "electronic money" and "electronic means of payment" appeared in Russian legislation only a year ago, when Federal Law No. 161-FZ of June 27, 2011 "On National payment system" (hereinafter referred to as the NPS Law).

Note. Prior to the entry into force of the Law on the National Payment System, electronic money was used only by individuals, but now the storage and transfer of e-money is also legal for organizations.

The adoption of the Law on NPS gave a "green light" to e-money settlements for credit institutions, which, as you know, are the most law-abiding organizations in Russian business (other participants in the e-money market did not interfere at all with the lack of regulation). Many credit institutions even before the entry into force of the NPS Law took part in electronic money settlements, but reflected these operations in accounting in the manner established for transfers without opening an account<1>.

<1>Posadskaya M. Accounting for electronic money settlements // Taxation, accounting and reporting in a commercial bank. 2011. N 2. S. 59 - 67.

Last year's innovations in the legislation on electronic money required some additional actions from banks related to both the legal and technical aspects of settlements, and methodological ones, in particular in the development and approval of accounting policies (rules for recording electronic money transfer transactions in accounting) .

The main legal problem for credit institutions was the replacement of licenses for banking operations due to the change in the names of some of them. However, the regulator tried to facilitate the solution of this problem by providing for a simplified procedure for replacing licenses (Decree of the Bank of Russia dated September 15, 2011 N 2699-U).

The main changes in the performance and accounting by credit institutions of transactions with electronic funds are as follows:

  • legal entities are now allowed to settle with electronic money;
  • To record electronic money transfers, the Bank of Russia has set up a balance sheet account 40903 "Funds for Settlements by Checks, Prepaid Cards and Electronic Money Transfers Using an Electronic Payment Means".

Regulatory regulation of electronic money settlements

In addition to the Law on NPS, the following legislative and regulatory acts are involved in the regulatory regulation of electronic money settlements:

  • Federal Law No. 395-1 of 02.12.1990 "On Banks and Banking Activities" (hereinafter - Law No. 395-1);
  • Federal Law No. 115-FZ of 07.08.2001 "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism";
  • Federal Law No. 162-FZ of June 27, 2011 "On Amending Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On the National Payment System" (hereinafter - Law No. 162-FZ);
  • Bank of Russia Regulation No. 302-P of March 26, 2007 "On the Rules for Maintaining Accounting in Credit Institutions Located in the Territory of the Russian Federation" (hereinafter referred to as Regulation No. 302-P);
  • Bank of Russia Ordinance No. 2694-U, dated September 14, 2011, "On the Procedure for Notifying the Bank of Russia by an Electronic Money Operator of the Start of Electronic Money Transfer Activities";
  • Instruction of the Bank of Russia dated September 14, 2011 N 2695-U "On the requirements for ensuring the continuity of the transfer of electronic funds";
  • Bank of Russia Ordinance No. 2699-U, dated September 15, 2011, "On the Bank of Russia replacing a credit institution's banking license due to a change in the names of certain banking operations in accordance with Federal Law No. 162-FZ, dated June 27, 2011, "On Amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On the National Payment System";
  • Order of the Federal Tax Service of Russia dated 01.12.2006 N SAE-3-19 / [email protected]"On approval of the Procedure for sending to the bank the decision of the tax authority to suspend operations on the accounts of the taxpayer (payer of fees) or the tax agent in the bank, as well as transfers of electronic funds and the decision to cancel the suspension of operations on the accounts of the taxpayer (payer of fees) or the tax agent in the bank , as well as transfers of electronic funds on paper";
  • Order of the Federal Tax Service of Russia dated September 28, 2009 N MM-7-6 / [email protected]"On approval of the forms of bank notifications on opening (closing) an account, on changing account details, on granting the right (termination of the right) to use a corporate electronic means of payment (KESP) for electronic money transfers, on changing KESP details".

Terms and Definitions

Electronic money means money that is previously provided by one person (the person who provided the funds) to another person, taking into account information on the amount of funds provided without opening a bank account (obligated person), to fulfill the monetary obligations of the person who provided the funds, to third parties, in respect of which the person who provided the funds has the right to transfer orders exclusively using electronic means of payment.

In its economic essence, electronic money is close to prepaid cards (and therefore they are reflected with them on the same balance sheet). The main differences between these two types of payments (prepaid cards and electronic money) are that:

  • electronic money can be used by both individuals and legal entities;
  • the obligated person for electronic money is the operator of electronic money - a credit institution that has the right to carry out money transfers and other related banking operations;
  • for settlements with electronic money, electronic means of payment (including payment cards) are required.

After the entry into force of the NPS Law, credit institutions dealing with electronic money have raised questions related to the status of "electronic money operator". Thus, according to the above definition, starting from September 29, 2011, all banks licensed to carry out money transfers without opening bank accounts automatically became electronic money operators. At the same time, according to the requirements of Law No. 162-FZ, electronic money transfers were included in banking operations (Article 5 of Law No. 395-1) only from December 28, 2011.

Doubts of bankers regarding the legality of their transfers of electronic funds in the period from September 29, 2011 to December 28, 2011, the Bank of Russia resolved by its Letter of December 19, 2011 N 14-27 / 761, where it stated that a credit institution that has a license to carry out banking operations, granting the right to make money transfers on behalf of individuals without opening bank accounts (except for postal orders), on the basis of this license, makes money transfers without opening bank accounts, including electronic money (except for postal orders).

Since the period for filing an application for replacement of a license by credit institutions is not defined by the Law and regulations, "the submission of documents for replacing a license can be carried out by a credit institution at a convenient time for it in the course of its current activities." There are no restrictions on banking activities based on a Bank of Russia license containing the previous wording of the names of individual banking operations.

Money received by organizations engaged in professional activities in the securities market, clearing activities and (or) management of investment funds, mutual funds and non-state pension funds and accounting for information on the amount of funds provided without opening a bank account is not considered electronic money. accounts in accordance with the legislation governing the activities of these organizations.

An electronic means of payment is a means and (or) a method that allows the client of the money transfer operator to draw up, certify and transmit orders for the purpose of transferring funds within the applicable forms of cashless payments using information and communication technologies, electronic media, including payment cards, as well as other technical devices.

When making non-cash payments in the form of an electronic money transfer, the client provides funds to the electronic money operator on the basis of an agreement concluded with him.

The Operator takes into account the funds provided by the client by creating an entry reflecting the amount of the obligations of the electronic money operator to the client in the amount of funds provided by him (electronic money balance). These liabilities of the bank are not analogous to the client's bank account, but in their economic essence are close to the funds deposited for the transfer without opening a bank account.

The electronic money operator is not entitled to:

  • provide the client with funds to increase the client's electronic money balance (i.e. the balance cannot be formed at the expense of borrowed funds);
  • accrue interest on the balance of electronic funds or pay any remuneration to the client (i.e. these funds cannot be considered a "classic" attraction - in fact, these are funds in settlements, or accounts payable).

The transfer of electronic funds is carried out on the basis of the instructions of the payers in favor of the recipients of funds. In cases provided for by law and agreements between the payer and the electronic money operator, between the payer and the recipient of funds, the transfer can be carried out on the basis of the requirements of the recipients of funds.

Electronic money transfers can be carried out between payers and recipients of funds who are customers of one operator or several electronic money operators.

When transferring electronic money, legal entities or individual entrepreneurs can be recipients of funds, as well as payers if the recipient of funds is an individual using electronic means of payment.

The transfer of electronic money is carried out by simultaneously accepting the client's order by the operator, reducing the balance of the payer's electronic money and increasing the balance of the recipient's electronic money by the amount of the transfer. The payer's monetary obligation to the recipient of the funds is terminated upon the finalization of the electronic money transfer.

The electronic money operator on a permanent basis keeps records of information about the balances and made transfers of electronic money.

In addition to the transfer, the balance (its part) of the electronic money of the client - an individual using a non-personalized electronic means of payment (in the event that the operator fails to identify the client - an individual in accordance with the legislation on combating the legalization of criminal proceeds), can be transferred by his order only to Bank account. Such a balance (its part) of the electronic money of a client - an individual cannot be issued in cash.

If the electronic means of payment is personalized, then in addition to the transfer of electronic funds, their balance (its part) at the request of the client - an individual can be:

  • transferred to a bank account;
  • transferred without opening a bank account;
  • issued in cash.

In the case of transferring the balance of electronic funds without opening a bank account, the question may arise of using the balance sheet account 40911 "Transit accounts", which is traditionally used to record such transfers. However, judging by the characteristics of the specified account (clause 4.51, part II of Regulation N 302-P), funds from individuals for making transfers without opening an account can be credited to account 40911 only through the cash desk (in cash) or by debiting from customer bank accounts . Thus, in this situation, it is advisable to transfer without opening an account of the balance (its part) of electronic funds directly from account 40903 "Funds for settlements with checks, prepaid cards and transfers of electronic funds using an electronic means of payment".

The balance (its part) of the electronic money of the client - a legal entity or an individual entrepreneur, in addition to making a transfer, can be credited or transferred at his order only to his bank account.

The client - a legal entity or an individual entrepreneur - is obliged to have a bank account opened with an electronic money operator to transfer the balance (its part) of electronic money, or provide him with information about the bank account of this legal entity or individual entrepreneur opened with another credit institution, to which the balance (its part) of electronic money can be transferred.

Obligations (accounts payable) for settlements with electronic money arise when funds are provided by the client to the electronic money operator on the basis of an agreement concluded between them.

A client - an individual can provide funds to the operator using his bank account or without using it. The client - a legal entity or an individual entrepreneur - provides funds to the electronic money operator only using his bank account.

accounting accounts

Credit institutions - operators of electronic money account for funds provided by customers (individuals, legal entities or individual entrepreneurs) for the transfer of electronic money using an electronic means of payment on the basis of an agreement with a client on account 40903 "Funds for settlements by checks, prepaid cards and implementation of electronic money transfers using an electronic means of payment".

In the credit of account 40903, when settling with electronic money, the amounts received from organizations and individuals for the purpose of making electronic money transfers are recorded in correspondence:

  • with a cash account (20202);
  • with bank accounts of clients - individuals;
  • with correspondent accounts (when funds are received from other credit institutions).

The debit of account 40903 records the amounts of electronic money transfers in correspondence with the accounts of transfer recipients (banks of transfer recipients, other electronic money operators).

The procedure for analytical accounting is determined by the credit institution. At the same time, analytical accounting should provide information on each contract with the client.

Reflection in accounting of electronic money transfers using an electronic means of payment Procedure for recording EMF transfers on behalf of legal entities

Provision of funds to an electronic money operator by a client - a legal entity on the basis of an agreement concluded between them:

Dt legal entity bank account

Implementation by the operator of the transfer of electronic funds on behalf of the client - a legal entity (if the recipient is an individual using electronic means of payment):

Kt 40903 "Means for settlements with checks, prepaid cards and electronic money transfers using an electronic means of payment" (if the operator is an obligated person of the recipient of electronic money),

Кт correspondent account (if the obligated person of the electronic money recipient is another electronic money operator).

Return of the balance (its part) of electronic money:

Dt 40903 "Means for settlements by checks, prepaid cards and electronic money transfers using an electronic means of payment"

Kt bank account of a legal entity.

The procedure for reflecting EMF transfers on behalf of individuals

Provision of funds to an electronic money operator by a client - an individual on the basis of an agreement concluded between them:

Dt bank account of an individual,

Dt 20202 "Cash desk of credit organizations"

Kt 40903 "Means for settlements by checks, prepaid cards and electronic money transfers using an electronic means of payment."

Implementation by the EMF operator of the transfer of EMF on behalf of the client - an individual:

Dt 40903 "Means for settlements by checks, prepaid cards and electronic money transfers using an electronic means of payment"

Kt 40903 "Means for settlements with checks, prepaid cards and electronic money transfers using an electronic means of payment" (if the electronic money operator is an obligated person of the recipient of electronic money),

Кт correspondent account (if the obligated person of the recipient of electronic funds is another operator).

Return of the balance (its part) of electronic money to an individual:

Dt 40903 "Means for settlements by checks, prepaid cards and electronic money transfers using an electronic means of payment"

Кт bank account of an individual (if there is a personalized or non-personalized electronic means of payment),

Kt 20202 "Cash desk of credit institutions" (only if there is a personalized electronic means of payment).

Note. The return of the balance or the payment of part of the funds to an individual from his personal account of electronic money is made to his current account or through the cash desk. Issuance through the cash desk is possible only if the client has an electronic means of payment (for example, his bank plastic card).

Transfer of the balance (its part) of electronic funds of an individual at his/her order without opening a bank account (only if there is a personalized electronic means of payment):

Dt 40903 "Means for settlements by checks, prepaid cards and electronic money transfers using an electronic means of payment"

CT beneficiary's bank account,

Kt correspondent account (of the beneficiary's bank).

Conclusions. The activity of banks in the transfer of electronic funds is currently in the process of formation, therefore its regulation is far from perfect and leaves many "white spots" - questions that arise in the process of practical application of laws and regulations and do not yet have a clear answer.

Thus, the question of the possibility of individuals replenishing their "electronic wallets" with cash cannot be considered closed. In the above accounting entries, this possibility is provided, since:

  • there is no direct prohibition on these operations in the NPS Law (literally, it says that "a client - an individual can provide funds to an electronic money operator using his bank account or without using his bank account");
  • the characteristic of the balance account 40903 allows it to be used in correspondence with the cash account;
  • the balance of electronic money can be issued to the client - an individual in cash, if the electronic means of payment is personalized (which allows us to make an assumption about the legitimacy and reverse operation - replenishment of the "electronic wallet" in cash).

On the other hand, according to some representatives of the Bank of Russia, "there can be no cash for electronic money" (this is a verbatim quote from the speech of the head of the department for developing a chart of accounts and rules for their application for the Bank of Russia and credit organizations of the Accounting and Reporting Department of the Bank of Russia L.V. Chigrinova at the forum "Accounting, reporting and taxation" in early December 2011).

Another "unfinished play", perhaps not so relevant in practice, but no less interesting for this, is the similarities and differences between electronic money and prepaid cards. If a we are talking about the settlements of individuals, the difference between these two instruments becomes almost indistinguishable (especially since in accounting transactions with them are reflected in the same account).

Note. The similarity between electronic money and prepaid cards and their accounting on one balance account 40903 increase the importance of organizing analytical accounting for account 40903 and developing an accounting policy for these accounting objects.

Some issues that arise for banks when working with electronic money (especially for bank accountants) could be resolved by amending the characteristics of account 40903 "Funds for settlements with checks, prepaid cards and electronic money transfers using an electronic means of payment". Or even the allocation of a separate balance sheet account to record transactions with electronic money. But for this, the Bank of Russia will have to replace the universal phrase "operations are carried out in accordance with the legislation of the Russian Federation" with a more detailed and specific text, and this is not as simple as it might seem.

Actually, the NPS Law itself, according to its developers and representatives of the Bank of Russia, will change significantly, and very soon: too many shortcomings have been identified in its practical application. This means that, most likely, the regulations of the Bank of Russia, adopted in pursuance of this Law, will also change.

Therefore, we will probably return to this topic.

M.Posadskaya

Banking methodologist

Moscow Commercial Bank Binbank offers its customers several debit cards of the Visa Classic and Mastercard Standard payment systems. However, the most popular and sought-after product is Binbank's debit income card. The bank's advertising slogan about this card sounds something like this: Perhaps the most successful combination of a term deposit and a bank card. Let's find out if this is true!

Internet bank upon receipt of a debit card of Binbank

All customers who have entered into an agreement for the issuance and maintenance of a bank card get access to the BINBANK-online Internet bank, where you can make any operations for debiting, transferring, paying fees, fines, services, etc.

When visiting the Internet Bank for the first time, the client enters his login and temporary password, after which the data must be changed for security purposes.

For each transaction, mobile phone holder comes secret code, which must be entered in the appropriate field to confirm the operation. Only in this case the transaction will be completed successfully.

No commission is charged for the provision of the Binbank-online service. As well as no additional fee is charged for providing a statement of the client's card account at bank branches or ATMs of Binbank. There is also no commission for a monthly statement.

But for SMS-informing about card transactions, that is, SMS-bank, you will have to pay. The first 2 months this service is provided free of charge, after which a monthly fee is charged.

Transfer to a Binbank debit card - where can I find the details?

The owner can find out the plastic account number on their own by going to BINBANK-online or by calling the free hotline number for customers. Also, the number of the account to which the card is linked is indicated in the agreement for issuance and banking services.
To find out the bank details for making a payment or transfer, just go to the official website > About the bank > Details. In the last section there will be BIC, TIN, corr. account and other necessary information.

If you need to make a transfer to a cardholder of a third-party bank, for this operation you will need the card or account number of the subscriber, as well as bank details, which can be found on the official website in the appropriate section.

Cons and pros of a Binbank debit card

Binbank debit card- a very convenient tool with which you can not only make income and expenditure transactions, but also save money, making a profit. However, not everything is as smooth as it might seem.

First, the annual service fee is embarrassing. It is prohibitively high, although the status of the card and additional buns oblige.

In reality modern world the lack of Apple Pay and Samsung Pay seems to be a disadvantage.

Of course, the card has more advantages:

  1. Interest on balance
  2. Cashback on all purchases and increased cashback on selected categories
  3. Opportunity to receive free service subject to conditions
  4. Status card with special bonuses, discounts and privileges from the payment system.

Any bank card has its own validity period, which is usually 3 years. At its end, the card is reissued to BINBANK. Consider the rules for applying, the cost and other features of the procedure.

Features of reissuing a BINBANK card

The owner of a debit or credit card may need to reissue the card in various situations. This may be early closure in order to obtain a card of a different category, and the need to change the name of the credit card holder. However, the most common options are to reissue the card due to its loss or expiration. Let's consider these cases in more detail.

Reissue upon expiration

The reissue of a credit card in BINBANK or settlement takes place according to the rules similar for all institutions:

  • By the end of the expiration date, B&NBANK produces plastic of a similar level and type, inflicts the name of the owner.
  • The card is delivered to the branch of BINBANK, where the client is served, 2-4 weeks before the date.
  • The holder of the expired card is notified of the availability of a new one in the office.
  • The owner visits the branch, picks up a new one and returns the old one. The latter is destroyed in his presence. The reissued card is linked to the existing account. When it comes to credit, all debts and conditions are preserved. The cost of service and other tariffs remain the same, within the framework of the current contract.

There is no need to submit an application for reissue separately, the procedure takes place without the participation of a private person. The cost for reissuing a card to B&NBANK is not separately assigned. If the cardholder does not need an extension, this must be submitted to BINBANK at least 30 days before the date marked on the front side. At the same time, all credit card debt must be paid off by this date.

Please note that the reissue of the card is not carried out in the prescribed manner in only one case: if the client has not used the card for 3 months before the end of the term (there are no incoming and outgoing transactions, the credit limit is not borrowed).

The cost of reissue in case of loss or damage

The card is reissued at BINBANK not only for the reason described above, but also under the following conditions:

  • On a credit or payment card, the data about the owner or its number has been erased (not readable).
  • The tape is demagnetized and transactions through an ATM or payment terminals are not carried out.
  • The cardholder changed his last name, which is why the data on the plastic is irrelevant.
  • The client lost the card or it was stolen.
  • The Bank has blocked a credit or payment card on its own initiative upon detecting suspicious (fraudulent) transactions or in the event of a risk of violation of the client's rights.

In such cases, an early reissue occurs at the initiative of the client, which must be confirmed by a separate application indicating the reason (theft, damage, loss, etc.). When the card disappears, it is recommended to immediately block it in order to secure your funds. Only in the latter case, B&NBANK, after solving the problem, decides to unblock it or offers to reissue it.


Be sure to block the lost BINBANK credit card and order its reissue - this will insure you against unexpected troubles

The cost of early re-issuance of the card in BINBANK is 350 rubles. After writing the application, it is necessary to wait for some time for the production of plastic. If the reissue initiative comes from BINBANK for internal reasons related to security, the cost is not specified, the issue will be free.

Conclusion

Re-issuance of the card at the end of its validity date is carried out automatically and free of charge. On the indicated date, you can visit the BINBANK office and pick up the finished card. If the plastic is lost or damaged, it is necessary to apply for a card reissue to BINBANK, for which a certain cost is charged, according to the tariffs for a particular credit or debit card.

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