The Civil Code is allowed to use in Russian Federation One of the forms of money calculation (Article 861). Currently, the most common form is non-cash. The peculiarity of this method determines the use of in practice and several "under forms". The Federal Law provides for direct use of any of them, but in compliance with the designated rules. Next, we will tell about them by legal analysis.

Cashless payment and cash payment, more profitable?

Currently, the activities of almost any enterprise are carried out using non-cash form. The procedure for implementation establishes profile regulatory legislation. Legal regulation indicates that there are no significant differences in the requirements for organizations and IP today. Just the IP does not have a duty to open a settlement account in the bank. Those. The grounds and principles here are the same.

Cash view, i.e. when payment is carried out in national and any foreign currencies, between physical (among themselves) and legal entities can only be made in the event that the total under the contract does not exceed 100 thousand rubles (there are various banking orders, and direct transfer of funds to pay for goods and services). Here you should apply the CCT or the established BSO. Otherwise, we believe that this form is uncertain.

"On Amendments to Certain Legislative Acts of the Russian Federation"

Comment

On July 1, 2018, a transition to online cash regulations of many organizations and entrepreneurs was planned - representatives of secondary business. To date, the legislators adopted an impressive package of amendments to Law No. 54-FZ, which change the procedure for the use of cash registers (CCT). If one innovations have been withdrawn previously existing disputes, others spawned new questions, the answers to which users will have to be found in practice. The amendments are made by Federal Law of 03.07.2018 No. 192-FZ (hereinafter referred to as Law No. 192-FZ) and come into force on July 3, 2018 (for some exceptions). Special attention The legislator paid the use of the CCB in non-cash calculations. Consider these changes more.

Online cashier will be used in non-cash settlements

By general rule The CCC is obliged to apply all organizations and entrepreneurs when making calculations (clause 1 of article 1.2 of the Federal Law of 05/22/2003 No. 54-FZ, hereinafter - the Law 54-FZ).

The concept of "calculation" is key in this law, since it is with him a duty to apply CCT. This concept has adjusted the legislative. So, the calculation in the former wording is a reception or payment money using cash and (or) electronic means Payment (hereinafter - ESP) for sold goods (works, services). However, in practice it turned out that not all forms of payment fall under this concept. For example, the transfer of money on a payment order through the Bank of the Bank does not apply to any cash calculations or the calculations of ESP. In this regard, disputes arose about the need to use CCT in such cases (see).

Now the controversial formulation in the 54-FZ law is replaced by the reception (payment) of money "in cash and (or) in cashless." At the same time, according to banking legislation, the calculations include calculations of payment orders, in letter of credit, collection orders, checks, electronic money, as well as transfer of funds at the request of the recipient, i.e. Direct debit (paragraph 1.1 of the situation, approved. Bank of Russia 19.06.2012 No. 383-P). Note that the transfer of money on the instructions of the physical without opening to non-cash settlements bank account. Through the operator in the bank (letter of the Central Bank of the Russian Federation dated 04.01.2003 No. 17-44 / 1). Thus, the order of application of online cash desks distributed to all forms and methods of payment for goods, works, services. As for the payment of ESP, it is now not an independent type of payment, but one of the ways of non-cash form of payment.

In addition, the concept of "calculation" includes also:

• reception (receipt) and payment of cash in the form of preliminary payment and (or) advances;
• offset and refund of the preliminary payment and (or) advances;

Apparently, speaking about the advance payment and advance payment (advance), the legislator has in mind the shipment of goods (the transfer of work, services) to the account of the previously made payment. Therefore, at the time of shipment (transmission) there is also a duty to issue cash check. Such an approach controlled organs broadcast before. The obligation to issue a check in shipment directly followed from the formats of checks, which were approved by the Order of the Federal Tax Service of Russia of March 21, 2017 No. MMB-7-20 / [Email Protected].

• providing and repayment of loans for pay for goods, works, services (including lending to citizens by pawnshops on the security of things belonging to them);
• providing or receiving other oncoming provisions for goods, work, services.

The law does not specify that it is understood. We believe that this paragraph is about non-monetary payment methods, when the counterparty provides other property or performs work or services.

As you can see, the legislator has expanded the concept of "calculation", thereby increasing the list of cases in which the CCT should be applied. At the same time, a delay in the use of the CCT for some non-cash payments was introduced (see).

How and when to issue a check in cashless calculations?

Since the legislator has spread the application of the CCP non-cash paymentsHe had to clarify the period for issuing (directions) of the check in such cases.

According to the new rules in case of non-cash calculations, the CCC is used in place and at the time of the calculation with the buyer or client (PP. "A" No. 11 of Article 1 of Law No. 192-ФЗ).

In addition, the procedure for the procedure and time of issuing a check in non-cash payments, when the seller and the buyer interact remotely (except for the calculations on the Internet, purchases in vending machines and calculations using automata with transportation services according to claim 5.1 of Article 1.2 of Law No. 54-FZ ). In this case, the check (BSO) can be transferred in one of the following methods (PP. "D" 4 Article. 1 of Law No. 192-FZ):

1. in electronic form The subscriber number or email address provided by the buyer (client) - the check is sent no later than the working day following the calculation day, but no later than the transfer of goods;
2. on paper (without direction electronic check or BSO) when calculating goods - the check is issued along with the goods;
3. on paper (without the direction of an electronic check or BSO), when calculating the work or services - the check is issued at the first direct interaction of the client with the user or the person authorized by him.

The norms stipulated on the issue of issuing (directions) of the check for a long time expected by users, but they did not eliminate existing ambiguities. The fact is that detailed explanations about the period of issuing a check are not given for all non-cash payments, but only for small groups (it includes payment by payment order through the bank). The rules for the direction (issuance) of the check when paying in non-cash transaction through the Internet are still absent in the law.

Moreover, the moment of starting the flow rate for the issuance of an electronic check in non-cash calculations is still associated with the date of the calculation, but the law does not specify, which is understood under this date. Apparently, the explanations of the controlling bodies on this issue should be guided. So, the Ministry of Finance of Russia, guided by paragraph 3 of Art. 16.1 of the Federal Law of 07.02.1992 No. 2300-1 "On Protection of Consumer Rights", explains that under the date of the calculation means the moment of confirmation of the execution of the order on the transfer of funds by the credit institution (see).

About whom the new Law No. 192-FZ released from the application of online cash register, see

• Chapter 1. General
• Chapter 2. Admission procedures for execution, revocation, return (cancellation) of orders and the procedure for their implementation
• Chapter 3. Features of the implementation of procedures for admission to the execution of orders of participants in the payment system
• Chapter 4. Procedures for the execution of orders and the procedure for their implementation
• Chapter 5. Calculations by payment orders
• Chapter 6. Calculations for letters of credit
• Chapter 7. Calculations by collection orders
• Chapter 8. Checking Calculations
• Chapter 9. Calculations in the form of transfer of funds at the request of the recipient of funds (direct debiting)
• Chapter 10. Final Provisions
Appendix 1. List and description of the details of the payment order, collection assignment, payment request Appendix 2. Form 0401060 "Payment Order" Appendix 3. Form 0401060 "Payment Order" (Numbering of Fields of Blanca) Appendix 4. Form 0401071 "Collection order" Appendix 5. Form 0401071 "Collection Order" (Numbering of Fields of Blanca) Appendix 6. Form 0401061 "Payment Requirement" Appendix 7. Form 0401061 "Payment Requirement" (Numbering of Fields of Blanca) Appendix 8. List and description of the details of the payment order Appendix 9. Form 0401066 "Paying Order" Appendix 10. Form 0401066 "Payment Order" (Numbering of Fields of Blanca) Appendix 11. The maximum number of characters in the details of the payment order, the collection order, the payment order, the payment order compiled in electronic form Appendix 12. The procedure for the formation of a recipient of means of a unique payment identifier and its control by the payer's bank in the event of a transfer of funds to the bank account of the recipient of funds, open in order to identify payment Appendix 13. Order control procedure, in the details of which indicates the payment code

Regulation of the Bank of Russia of June 19, 2012 N 383-P
"On the rules for the translation of funds"

With changes and additions from:

July 15, 2013, April 29, 2014, May 19, November 6, 2015, July 5, 2017, October 11, 2018

This position is developed on the basis of Federal Law dated June 27, 2011 N 161-FZ "On the National Payment System" (meeting of the legislation of the Russian Federation, 2011, N 27, Art. 3872), Federal Law dated July 10, 2002 N 86-FZ "On Central Bank Of the Russian Federation (Bank of Russia) "(Meeting of the legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 25, Art. 2426; N 30, Art. 3101; 2006, N 19, Art. 2061; N 25, Art. 2648; 2007, N 1, Art. 9, Art. 10; n 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art . 25; N 29, Art. 3629; N 48, Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, Art. 3873; N 43, Art. 5973; n 48, Art. 6728), Federal Law "On banks and banking activities"(editors Federal Law from February 3, 1996 N 17-FZ) (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Meeting of the legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, . 3829; 1999, N 28, Art. 3459, Art. 3469; 2001, N 26, Art. 2586; N 33, Art. 3424; 2002, N 12, Art. 1093; 2003, N 27, Art. 2700; N 50, Art. 4855; N 52, Art. 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 1, Art. 18, Art. 45; N 30, Art. 3117; 2006, N 6, Art. 636; N 19, Art. 2061; N 31, Art. 3439; N 52, Art. 5497; 2007, N 1, Art. 9; N 22, Art. 2563; N 31, Art. 4011; N 41, Art. 4845; N 45, Art. 5425; N 50, Art. 6238; 2008, N 10, Art. 895; N 15, Art. 1447; 2009, N 1, st . 23; N 9, Art. 1043; N 18, Art. 2153; N 23, Art. 2776; N 30, Art. 3739; N 48, Art. 5731; N 52, Art. 6428; 2010, N 8, art. 775; N 19, Art. 2291; N 27, Art. 3432; N 30, Art. 4012; N 31, Art. 4193; N 47, Art. 6028; 2011, N 7, Art. 905; N 27 , Art. 3873, Art. 3880; N 29, Art. 4291; N 48, Art. 6730; N 49, Art. 7069; N 50, Art. 7351) and in accordance with solid The Board of Directors of the Bank of Russia (Minutes of the Board of Directors of the Bank of Russia dated June 15, 2012, N 11) establishes the rules for the transfer of funds to the cash by the Bank of Russia, credit institutions (hereinafter referred to as the Banks) in the Russian Federation in the currency of the Russian Federation.

Registration N 24667.

The situation establishes new rules for the transfer of CBD funds, credit institutions in Russia in rubles. This is due to the adoption of the Law on the National Payment System. The position of the CBR on non-cash settlements in Russia loses its strength (except h. II and a number of applications).

The new position concerns all customer credit institutions (both individuals and legal entities). It applies to the transfer of funds with the participation of Vnesheconombank.

Banks carry out money transfer on bank accounts and without the opening of the latter on the basis of translation orders.

The following forms of non-cash settlements are provided: payment orders; in credit; collection orders; checks; transfer of funds at the request of the recipient - direct debiting (previously there were payment requirements); transfer electronic money (before this was not envisaged).

When transferring funds as intermediate stages, cash transactions are also allocated (eg, issuance of individuality recipients and receiving from the beneficiaries-physicals).

The former position on non-cash calculations in accordance with the calculations through correspondent accounts (subaccounts) of credit institutions (branches) open to the CBR. Through correspondent accounts in other credit institutions and invoices of interfilient settlements. The recommended procedure for reflecting the main operations in the accounting of credit institutions when making calculations through Loro's accounts, "NOSTRO" and through the accounts of interfilient settlements. There are no such sections in the new position.

It is envisaged that banks claim internal documents, containing the procedure for making orders for translating, their admission to execution, revocation, return (cancellation), execution.

The situation comes into force on the expiration of 10 days after its official publication, for some exceptions. Chapter 3, which is devoted to the peculiarities of the implementation of procedures for admission to the execution of orders of participants payment system, enters into force on January 1, 2013. Requirements defining maximum amount symbols in details of payment, collection orders, payment requirements, orders compiled in in electronic format- from April 1, 2013

Regulations of the Bank of Russia dated June 19, 2012 N 383-P "On the rules for the transfer of funds for money"

Registration N 24667.

Present position enters into force after 10 days after the day of its official publication, except

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(utensils of the Russian Federation 03-10-2002 2-P) (ed 24-01-2008) (2019) relevant in 2018

Regulations on non-cash settlements in the Russian Federation

Regulations on non-cash settlements in the Russian Federation

This provision is developed in accordance with part of the Second Civil Code of the Russian Federation (meeting of the legislation of the Russian Federation, 1996, N 5, Art. 410; N 34, Art. 4025; 1997, N 43, Art. 4903; 1999, N 51, Art. 6228), federal law "On the Central Bank of the Russian Federation (Bank of Russia)" (Meeting of the legislation of the Russian Federation, 2002, N 28, Art. 2790), Federal Law "On Banks and Banking Activities" (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council RSFSR, 1990, N 27, Art. 357; Meeting of the legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459; N 28, Art. 3469; 2001, N 26, Art. 2586; N 33 (Part I), Art. 3424; 2002, N 12, Art. 1093) and other federal laws Of the Russian Federation, regulates the implementation of non-cash settlements between legal entities in the currency of the Russian Federation and on its territory in the forms stipulated by law, determines the formats, the procedures of filling and executing the settlement documents used, and also establishes the rules for holding settlement operations on correspondent accounts (subaccounts) of credit institutions (branches), including those open at the Bank of Russia, and accounts of interfilient settlements.

This provision does not apply to the procedure for the implementation of non-cash settlements with the participation of individuals.

Cashless payments are carried out through credit organizations (branches) and / or the Bank of Russia on accounts opened on the basis of a bank account agreement or a correspondent account agreement (subaccount) (hereinafter, depending on the need, accounts or account), unless otherwise established by law and DO NOT CONCIDENTED USED FORMATION OF CALCULATIONS.

Estimated cash transmission operations through credit organizations (branches) can be carried out using:

1) correspondent accounts (subaccounts) open at the Bank of Russia;

2) correspondent accounts opened in other credit institutions;

3) accounts of participants in the calculations open in non-bank credit institutions engaged in estimated operations;

4) accounts of interfilient settlements open inside credit organization.

The write-off of funds from the account is carried out by order of its owner or without order of the account holder in cases provided for by law and / or the contract between the Bank and the Client.

The write-off of funds from the account is carried out on the basis of the settlement documents compiled in accordance with the requirements of this Regulation, within the funds available on the account, unless otherwise provided in the agreements concluded between the Bank of Russia or credit institutions and their clients.

The procedure for registration, reception, processing electronic payment documents and the implementation of settlement operations with their use is governed by individual regulatory acts Bank of Russia, with the exception of the cases specified in the present situation and concluded between the Bank of Russia or credit institutions and their clients with the contracts that determine the procedure for exchanging electronic documents using information security tools.

In case of insufficiency of funds in the account to meet all the requirements for it, the write-off of funds is carried out as they are received in order established by law.

Restricting the rights of the account of the account of the account at the disposal of cash on it is not allowed, with the exception of cases provided for by law.

1.1. This part of the Regulation regulates the implementation of non-cash payments on accounts in the forms established by law, as well as determines the formats and the procedure for completing the settlement documents used.

1.2. The present part of the situation applies to the following forms of non-cash settlements:

a) calculations of payment orders;

b) calculations on the letter of credit;

c) calculations of checks;

d) calculations for collection.

1.3. Forms of non-cash settlements are applied by customers of credit institutions (branches), institutions and divisions of the Bank of Russia (hereinafter referred to as banks, with the exception of direct instructions in the text only on credit organizations (branches) or institutions and divisions of the Bank of Russia), as well as banks themselves .

1.4. The forms of non-cash settlements are elected by bank customers independently and are envisaged in the agreements concluded with their counterparties (hereinafter referred to as the main contract).

As part of the forms of non-cash payments, payers and recipients of funds are considered as participants in the calculations, as well as serving them banks and banks - correspondents.

1.5. Banks do not interfere with customer relationships. Mutual claims on the calculations between the payer and the recipient of funds, except for those arising from the fault of banks, are solved in the procedure established by law without the participation of banks.

1.6. The present part of the provision applies to the procedure for the implementation of Correspondent Accounts (subaccounts) of credit institutions and their branches in part affecting the use of non-cash settlement forms.

1.7. The present part of the situation does not affect the relationship between the recovers that are bodies performing control functions and collecting in accordance with the legislation and the actual recipients of funds when collecting funds in their favor.

2.1. Banks carry out accounts on accounts on the basis of settlement documents.

2.2. The estimated document is decorated in the form of a document on paper or, in cases, an electronic payment document:

The disposal of the payer (client or bank) on the write-off of funds from his account and ensented to the recipient's account;

The disposal of the recipient of funds (recoverer) to write off funds from the payer's account and transfer to the account specified by the recipient of the funds (definition).

2.3. In carrying out non-cash payments in the forms provided for in paragraph 1.2 of this part of the situation, the following are used estimated documents:

a) payment orders;

b) letters of credit;

d) payment requirements;

e) collection orders.

2.4. Estimated documents on paper are drawn up on the bookcases of documents included in All-Russian Classifier Management documentation (hereinafter - OKUD) OK 011-93 (class "Unified Banking Documentation System"). The formats of settlement documents are given in Appendices 1, 5, 9, 13 to this Regulation.

2.5. The blanks of the calculated documents are made in printing houses or using electronically computing machines.

2.6. It is allowed to use copies of the blanks of the calculated documents obtained on a multiplier technique, provided that the copying is made without distortion.

2.7. The dimensions of the layouts of the calculated documents are specified in Appendices 2, 6, 10, 14 to this Regulation. Deviations from the established dimensions can be no more than 5 mm, subject to the maintenance of their location and placement of the calculated documents on the A4 sheet. The circulating sides of the calculation documents should remain clean.

2.8. The calculated documents on paper are filled with the use of writing or electronically computing machines in black font, with the exception of checks that are filled with handles with paste, ink black, blue or purple (it is allowed to fill the checks on the typewriter in black in black). Signatures on the calculated documents are affixed with a handle with pasta or ink in black, blue or purple. Printing and printing of the bank stamp stamped on the settlement documents should be clear.

2.9. The fields allocated to put the values \u200b\u200bof each of the details in the settlement documents are indicated by numbers in Appendices 3, 7, 11, 15 to this Regulation.

When filling out the calculated documents, the output of textual and digital values \u200b\u200bof details beyond the limits of fields reserved for their station. Values \u200b\u200bof details must be read without difficulty.

Signatures, printing and stamps should be affixed in the fields of payment documents intended for them.

2.10. Estimated documents should contain the following details (taking into account the features of the forms and the procedure for the implementation of non-cash settlements):

a) the name of the settlement document and the code of the OKUD OK 011-93;

b) the number of the settlement document, the number, month and the year of its discharge;

c) the type of payment;

d) the name of the payer, his account number, an identification number taxpayer (INN) or code foreign organization (KIO);

e) the name and location of the payer's bank, its bank identification code (bik), correspondent account or subaccount;

e) the name of the recipient of the funds, the number of his account, the taxpayer identification number (INN);

g) the name and location of the recipient's bank, its bank identification code (bik), correspondent account or subaccount;

h) Appointment of payment. The tax payable is allocated in the settlement document. on a separate line (otherwise, there must be an indication that the tax is not paid). Features of the instructions for the purpose of payment in relation to certain types of settlement documents are governed by the relevant chapters and clauses of the Regulation;

and) the amount of payment indicated by inapplication and figures;

k) the order of payment;

l) type of operation in accordance with the rules of reference accounting in the bank of Russia and credit organizations located in the territory of the Russian Federation;

m) signatures (signature) of authorized persons (persons) and print prints (in cases).

The procedure for filling the values \u200b\u200bof the details of the settlement documents is given in Appendices 4, 8, 12, 16 to this Regulation.

Fields whose details do not have values \u200b\u200bremain empty.

2.11. Corrections, blots and cleansing, as well as the use of corrective fluid in the settlement documents are not allowed.

2.12. Estimated documents are valid for presentation in servicing bank For ten calendar days, not counting the day of their discharge.

2.13. Estimated documents are presented to the Bank in the number of copies required for all participants in the calculations. All instances of the settlement document must be filled out identically.

The second and subsequent instances of the calculated documents can be manufactured using copy paper, multiplier equipment or electronically computing machines.

2.14. Estimated documents are accepted by banks to execute if there are two signatures on the first copy (except for checks) (first and second) those who have the right to sign settlement documents, or one signature (in the absence of a person who may be given the right of the second signature) and Printing (except for checks) stated in the card with samples of signatures and print printing. On operations carried out by branches, offices, departments on behalf of legal entity, Estimated documents are signed by persons authorized by this legal entity.

Within the framework of the applied forms of non-cash payments, it is allowed to use analogues of the personnel signature in accordance with the requirements of the legislation and regulatory acts of the Bank of Russia.

2.15. Estimated documents are accepted by banks to execute regardless of their amount.

2.16. When taking the bank of the settlement documents, their verification is carried out in accordance with the requirements, established rules Accounting and the present part of the situation. The calculated documents in which the information is specified in the field 101 are subject to verification on the mandatory indication of the information in the fields 102 - 110, as well as control for the presence of information about the payer established by the legislation in the settlement documents.

Write off the cash bank from the account is made on the basis of the first instance of the settlement document.

2.17. Payers have the right to withdraw their payment orders, recipients of funds (decisions) - the settlement documents adopted by the Bank in the settlement procedures (payment requirements, collection orders), not paid due to insufficient funds on the client's account and placed in the Card file off-balance account N 90902 "Estimated documents not paid on time."

Unfulfilled settlement documents can be withdrawn from the card files in the total amount, partially executed - in the amount of the residue.

Partial review of amounts on settlement documents is not allowed.

2.18. The review of the settlement documents is carried out on the basis of the client's application submitted to the Bank's bank, compiled in two copies in an arbitrary form, indicating the details required for the recall, including the number, the compilation date, the amount of the calculated document, the name of the payer or the recipient (charter).

Both copies of the application for the feedback are subscribed on behalf of the Customer by persons who have the right to sign the settlement documents are assigned to print prints and are submitted to the bank serving the payer - on payment orders or recipient of funds (recoverer) - on payment requirements and collection orders. One copy of the application for the feedback is placed in the Bank's Day Documents, the second is returned to the Client as a receipt in obtaining an application for a review.

The bank serving the recipient of funds (deferrence), carries out a review of payment requirements and collection orders by sending a written statement in the bank, drawn up on the basis of the Customer's application.

2.19. Returning payment orders are returned to payers; Estimated documents received in the procedure for calculations on collection - recipients of funds (recovers) after their receipt from banks serving payers.

2.20. Returning the settlement documents from the Card files by off-balance sheet account N 90902 "Estimated documents not paid on time" in the case of closing the Client's account is carried out in the following order.

Payment orders are returned to the payer.

The calculated documents received by the Bank in the order of calculations on the collection are returned to the recipients of funds (recovers) through the bank's service, indicating the date of closing the account.

When returning the settlement documents, the Bank includes their inventory to be stored together with the legal case of the client, which is closed.

If it is impossible to refund payment requirements and collection orders in the event of the elimination of the recipient's bank (deferment) or the lack of information on the location of the recipient of funds (definition), they are subject to storage along with the legal entity of which closes.

2.21. When returning accepted but not executed for one or another reasons for the settlement documents of banks, confirming their reception to execution, are crossed by the relevant bank. On the back of the first copy of the payment request and the collection order, a mark is made about the reason for the return, the date of return, the bank stamp, as well as the signatures of the responsible executor and the controlling employee are affixed. In the logging log of payment requirements and collection orders, a record is made indicating the return date.

3.1. The payment order is the order of the account holder (payer) to the bank serving it, designed by the settlement document, translate a certain amount of money to the recipient's account, open in this or other bank. The payment order is executed by the Bank for the period provided for by law or in a shorter period established by the bank account agreement or the customs turnover applied in the banking practice.

3.2. Payment orders can be made:

a) transfer of funds for the goods completed, the work provided, the services rendered;

b) transfer of funds to budgets of all levels and extrabudgetary funds;

c) transfer of funds in order to return / deploy loans (loans) / deposits and pay interest on them;

d) transfer of funds for other purposes provided for by law or contract.

3.3. In accordance with the terms of the main contract, payment orders can be used to pre-pay goods, works, services or to implement periodic payments.

3.4. The payment order is drawn up on the form of form 0401060 (Appendix 1 to this Regulation).

3.5. Payment orders are accepted by the Bank regardless of the availability of funds on the payer's account.

After checking the correctness of filling and designing payment orders on all copies (except for the last) adopted for the execution of payment orders in the field "Affairs to the Bank of the Board." The responsible executor of the bank is affixed by the date of receipt in the bank of the payment order. The last copy of the payment order, in which the Bank's stamp of the bank is affixed by the bank stamp, the reception date and signature of the responsible performer is returned to the payer as a confirmation of acceptance of the payment order for execution.

3.6. In the absence or deficiency of funds in the payer's account, as well as if the bank account agreement does not define the terms of payment of the calculated documents in existing on cash on the account, payment orders are placed in the Card file for off-balance sheet account N 90902 "Estimated documents not paid on time." At the same time, on the front side in the upper right corner of all instances of the payment order, a mark is stamped in an arbitrary form about placing in a card indication of the date. Payment of payment orders is made as funds are received in the priority established by law.

3.7. Partial payment of payment orders from the card files by off-balance sheet account N 90902 "Estimated documents not paid on time" are allowed.

With partial payment of payment order, the Bank uses a payment order of Form 0401066 (Appendix 17 to this Regulation). The order of its manufacture and filling corresponds to general order Manufacturing and filling out the blanks of the calculated documents. The format of the payment order, the size and numbering of fields allocated to simply put the values \u200b\u200bof each of the details, and their description is given in Appendices 18 - 20 to this Regulation.

When making a payment order for a partial payment on all its copies in the "Bank's mark" field, a bank stamp is affixed, the date, as well as the signature of the responsible executor of the bank. The first copy of the payment order for partial payment is also assigned by the signature of the Bank's controller.

On the front side of the partially paid payment order in the upper right corner, a "partial payment" mark is made. A partial payment entry (partial payment number, number and date of the payment order, the amount of partial payment, the amount of the balance, signature) is performed by the Bank's responsible executor on the turnover of the payment order.

When carrying out partial payment on a payment order, the first copy of the payment order, which made payment, is placed in the bank's day documents, the last copy of the payment order serves as an application to the discharge from the personal account of the payer.

When implementing the latest partial payment on the payment order, the first copy of the payment order, which was made by this payment, together with the first instance of the paid payment order placed in the documents of the day. The remaining specimens of the payment order are issued to the client simultaneously with the latest copy of the payment order, which is attached to the discharge from the personal account.

3.8. When paying the payment order on all copies of the settlement document in the field "CPIs are written off. The date of writing off cash from the payer's account (with partial payment is the date of the last payment), in the field of "Bank's marks" is affixed by the bank stamp and the signature of the responsible performer.

7.3. The check is paid by the payer at the expense of the cash reader.

7.4. The checkbook is not entitled to withdraw the check before the expiration of the deadline for its presentation to the payment.

7.5. Presentation of a check in the bank serving a check holder, to obtain a payment is considered a check of a check for payment.

7.6. The payer for a check is obliged to make sure all available in the authenticity of the check. The procedure for placing losses arising from payment by the payer of a false, abducted or lost check is regulated by law.

7.7. Check forms are rigorous reporting forms and are recorded in banks on a non-balance sheet N 91207 "Strict Reporting Blanks".

7.8. Storage of cheek blanks by banks is carried out in the manner prescribed by the regulatory acts of the Bank of Russia.

7.9. Checks manufactured by credit institutions can be used to implement non-cash payments.

7.10. Checks of credit institutions can be used by clients of a credit institution producing these checks, as well as in interbank settlements in the presence of correspondent relations.

7.11. Checks manufactured by credit institutions are not applied to settlements through the divisions of the Bank of Russia's settlement network.

7.12. The check should contain all the obligatory details established by part of the Second Civil Code of the Russian Federation, and may also contain additional details determined by the specifics of banking activities and tax legislation. The shape of the check is determined by the credit organization independently.

7.13. In the case when the sphere of circulation of checks is limited by a credit institution and its clients, checks are used on the basis of the calculation treaties concluded between the credit institution and the client.

7.14. Checks manufactured by credit organizations can be applied in interbank settlements on the basis of contracts concluded with clients and interbank agreements on checks in accordance with the intrabank rules for conducting operations with checks developed by credit institutions and determining the procedure and conditions for the use of checks.

7.15. Interbank Calculation Agreement checks may include:

Conditions for circulation of checks in the implementation of calculations;

The procedure for opening and conducting accounts, which take into account operations with checks;

Composition, methods and terms of transmission of information related to the appeal of checks;

The procedure for reinforcing accounts of credit institutions - calculation participants;

Obligations and responsibility of credit institutions - participants in settlements;

The procedure for changing and terminating the agreement.

7.16. Intrabank rules for conducting operations with checks that determine the procedure and conditions for their use should include:

The shape of the check, the list of its details (mandatory, additional) and the procedure for filling the check;

List of participants in the calculations by these checks;

Deadline for checking for payment;

Conditions for payment checks;

Maintaining calculations and composition of operations on the Chojob;

Accounting operations with checks;

The order of archiving checks.

8.1. Accasso settlements are a banking operation through which the Bank (hereinafter referred to as the Bank - the Issuer) on behalf of and at the expense of the Client on the basis of the settlement documents performs actions to receive from payer. To implement the calculations on the collection, the bank - the Issuer has the right to attract another bank (hereinafter - the executing bank).

8.2. Calculations for collection are carried out on the basis of payment requirements, the payment of which can be carried out by order of the payer (with acceptance) or without its disposal (in disappointing order), and the collection orders, the payment of which is carried out without the payer (in indisputable order).

8.3. Payment requirements and collection orders are presented by the recipient of funds (definition) to the payer's account through the bank serving the recipient of the funds (definition).

The recipient of the funds (recoverer) submits to the bank the specified settlement documents in the register of the shape transmitted on the collection of the formations of the form 0401014 (Appendix 22 to this Regulation) in two copies. The registry may include at the discretion of the recipient of the means (challenger) payment requirements and (or) collection orders.

The first copy of the registry is issued by two signatures of persons who have the right to sign the settlement documents, and print print.

8.4. When accepting payment requirements for collection requirements, the commissioning instructions, the responsible executor of the bank - the issuer checks the compliance of the calculated document of the established form of the form, the completeness of filling out all the requisites provided by the blank, compliance with the signatures and printing of the recipient of the means (dialer) samples specified in the card with sample signatures and printing , as well as the identity of all instances of the settlement documents. When receiving collection orders with attached executive documents, a responsible executor of the Bank is obliged to check the compliance of the details of the calculated document (the dates and numbers of the executive document, which is referenced in the settlement document, the amount imposed, the names specified in the "Payer" fields and the "recipient" of the settlement document details of the executive document. The name specified in the "Recipient" field of the settlement document may not comply with the name of the recoverer in the executive document in the event of a deposit of funds by the bailiff on the deposit account of the bailiff.

8.5. After checking the correctness of filling on all copies of the received settlement documents, the bank - Issuer, the reception date and signature of the responsible performer are affixed. Unaccomplished documents are crossed out of the register transferred to the collection of settlement documents and return to the recipient of the funds (challenger), the number and amount of settlement documents in the registry are corrected. Both copies of the registry and corrections are certified by the signature of the responsible executor of the Bank - the Issuer.

The last instances of the settlement documents, together with the second registry instance, are returned to the recipient of the funds (challenger) as confirming the reception of documents for the collection.

The first registry instances remain in the bank - the issuer, are fed into a separate folder, are used as a log of registration taken on the collection of settlement documents and are stored in the bank - the issuer in accordance with the established storage periods of documents.

8.6. The bank - the issuer, who accepted the estimates of settlement documents, assumes the obligation to deliver them to their intended purpose. This obligation, as well as the procedure and timing of reimbursement of costs for the delivery of settlement documents, are reflected in the bank account agreement with the client.

The establishments and divisions of the banking network of the Bank of Russia carry out the expedition of the settlement documents of the credit institutions themselves and other clients of the Bank of Russia in the manner prescribed by the regulatory acts of the Bank of Russia.

Credit organizations (branches) organize the delivery of settlement documents of their customers on their own.

Payment requirements and collection assignments of clients of credit institutions (branches) for a credit institution account (branch) should be sent to the establishment or division of the Bank of Russia serving this credit institution (branch).

8.7. The payment requirements received in the executing bank and the collection orders are recorded in the arbitrary log, indicating the payer's account number, numbers, dates and sums of each computational document. The establishments and divisions of the banking network of the Bank of Russia during registration additionally indicate the biki of the payer's bank and the recipient bank (Bank of the Charger). On the first instance of received payment requirements and the collection orders in the upper left corner, the date of receipt of the settlement document is affixed.

8.8. The responsible executor of the executing bank monitors the completeness and correctness of filling out the details of payment requirements and the collection orders in accordance with the procedure provided for in paragraph 8.4 of this part of the Regulation, with the exception of checking the signatures and printing of the recipient of funds (definition), and also checks the availability of settlement documents on all instances Bank stamp - Issuer and signatures of the responsible performer.

Estimated documents issued with violations of the requirements established by this clause are subject to return with the compliance with the requirements of paragraph 2.21 of this part of the Regulation. When refunding payment requirements, the invoice instructions in the registration log is made to record with the date and reasons for the return.

8.9. In the absence or deficiency of cash on the payer's account and in the absence of a bank account in the Treaty, the Conditions on the payment of settlement documents in existing payment requirements for cash payments, acceptanced by the payer, payment requirements for disassembly write-off of funds and collection orders (with cases attached in cases established by law Executive documents) are placed in a card file for a bank account N 90902 "Estimated documents not paid on time" indicating the date of the room in the map.

The executing bank is obliged to inform the bank - the Issuer on the placement of the settlement documents in the Card file for a bank account N 90902 "Estimated documents not paid on time," by sending a notice of the formulation of the Form Card 0401075 (Appendix 23 to this Regulation). The indicated notice is sent to the executing bank to the issue - the issuer not later than the working day following the day of the premises of the settlement documents in the file. At the same time, on the reverse side of the first instance of the settlement document, a mark is made on the date of the direction of notice, the bank stamp is affixed and the signature of the responsible performer.

Bank - Issuer informs notice of mapping to the client to receive notice from the executing bank.

Payment of settlement documents is made as cash receipt at the expense of the payer in the order, established by law.

8.10. Partial payment of payment requirements, the collection orders in the card file for a bank account No. 90902 "Estimated documents not paid on time" are allowed.

Partial payment is made by the payment order of the form 0401066 (Appendix 17 to this Regulation) in a manner similar to the procedure for partial payment of the payment order provided for in paragraph 3.7 of this part of the Regulation, with the exception of the partial payment.

With partial payment of the payment request, the collection order from the card files by off-balance sheet account N 90902 "Estimated documents not paid on time" The responsible executor of the Bank launched on all instances of the settlement document in the respective graphs at the bottom of the form of the partial payment number, the number and date of the payment order, which payment is made, the amount of partial payment, the amount of the residue and assures the records made by its signature.

8.11. When paying the payment request, the collection order on all instances of the settlement document in the field "is written off from sch. Boards." The date of writing off the cash from the payer's account (with partial payment is the date of the last payment), in the field of the "payer's bank mark" the payer's bank stamp and the signature of the responsible performer are affixed.

8.12. When the payment of payment on the payment request, the collection order or notice of the formulation of the Form Card file 0401075 (Appendix 23 to this Regulation) Bank - the Issuer may, at the request of the recipient (deferrator), send funds to the executing bank in an arbitrary form about the reason for the non-payment of the specified settlement documents Later, the working day following the day of receiving the appropriate document from the recipient of funds (recoverer), unless otherwise provided by the bank account agreement.

8.13. In case of non-fulfillment or improper execution of the client's order to receive payment on the basis of a payment request or a collection order, the Issuer brings responsibility to him in accordance with the legislation.

9.1. Payment request is a settlement document containing the creditor's requirement (recipient of funds) for the main contract for the debtor (payer) on the payment of a certain monetary sum through the bank.

9.2. Payment requirements are applied in calculations for the goods, performed works, services rendered, as well as in other cases provided for by the main contract.

9.3. Calculations through payment requirements can be carried out with a preliminary acceptance and no payer acceptance.

9.4. Without acceptance payer, calculations are carried out by payment requirements in cases:

1) established by law;

2) those provided by the parties under the main contract provided the bank serving the payer, the right to write off funds from the payer's account without his order.

9.5. The payment request is drawn up on the form of form 0401061 (Appendix 9 to this Regulation).

9.6. In addition to the details given in paragraph 2.10 of this part of the Regulation, the payment requirement indicates:

a) the condition of payment;

b) term for acceptance;

c) the date of reference (presentation) of the payer provided by the contracts provided by the contract in the event that these documents were sent (awarded) to them by the payer;

d) product name (performed works, services rendered), number and date of the contract, the numbers of documents confirming the delivery of goods (performance, service provision), the delivery date of the goods (performance, service provision), the delivery method and other details - in Field "Purpose of payment".

10.1. In the payment request, paid with the payer's acceptance, in the "Payment Condition" field, the recipient of the means is "with acceptance".

The term for acceptance payments is determined by the parties by the main contract. At the same time, the term for acceptance should be at least five working days.

When making a payment requirement, the lender (recipient of the funds) on the main contract in the "term for acceptance" field indicates the number of days established by the contract for the acceptance of the payment request. In the absence of such an indication, the term for acceptance is considered five working days.

10.2. On all copies of the payment requests adopted by the executing bank, the responsible executor of the bank in the "Occhal." Accaptation period "launched a date, on the occurrence of which the acceptance period of the payment request expires. When calculating the date, working days are taken. The day of receipt of the payment request bank in the calculation of the specified date is not included.

The latest billing instance is used to notify the payer about the receipt of the payment requirements. The specified instance of the calculated document is transmitted to the payer for acceptance no later than the next working day from the date of receipt of the payment request bank. The transfer of payment requirements of the payer is carried out by the executing bank in the manner prescribed by the bank account agreement.

10.3. Payment requirements are placed by the executing bank in the Card file of the calculated documents waiting for acceptance for payment, before receiving the acceptance of the payer, refusal from the acceptance (full or partial) or the expiration of the acceptance period.

10.4. The payer for the period established for acceptance is submitted to the bank to the Bank the appropriate document on the acceptance of the payment request or the refusal to be fully or partially from its acceptance on the grounds provided for in the main contract, including in the event of a non-compliance of the application form applied by the concluded agreement, with a mandatory reference to Point, number, contract date and indication of refusal motives.

The payer can provide the executive bank in the bank account agreement right to pay for payment requirements made to his account by any or the specified payers of creditors (recipients of funds), when disabling the payer of the document on acceptance or refusal of acceptance (full or partial) payment requirements during the period, Installed for acceptance.

10.5. The acceptance of the payment request or the disclaimer of the acceptance (full or partial) is issued on the acceptance of the acceptance of the acceptance of the acceptance of the N 0401004 (Appendix 24 to this Regulation).

With the acceptance of payment requirements, the application is drawn up in two copies, the first of which is drawn up with signatures officialshaving the right to sign the settlement documents and the print of the press of the payer.

With a full or partial failure of the acceptance, the application is drawn up in three copies. The first and second copies of the statement are made by signatures of officials who have the right to sign the settlement documents, and the prints of the press of the payer.

10.6. The responsible executor of the Bank, serving the payer's account, checks the correctness and completeness of the application of the acceptance of the acceptance of the acceptance of the acceptance of the acceptance, the presence of a basis for failure, references to the number, date, the point of the contract in which this basis is provided for, as well as the compliance of the number and date of the contract, Specified in the payment request, and puts its signature on all copies of the bank stamp to all copies, indicating the date. The last instance of the acceptance of the acceptance, the failure of the acceptance is returned to the payer as a receipt in receipt of the application.

10.7. The acceptanced payment request no later than the working day following the day of acceptance of the application is written off by a memorial order with a non-balance account account account of the amount of settlement documents waiting for acceptance for payment, and is paid from the payer's account. An instance of the application, together with the first copy of the payment request, is placed in documents of the day as the basis for the write-off of funds from the Customer account.

10.8. With the full failure of the acceptance, the payment request is written off by a memorial order from a non-balance account account account of the amounts of settlement documents waiting for acceptance for payment, and no later than the working day following the day of acceptance of the application, shall be refunded to the bank - the issuer together with the application instance to return to the recipient of funds.

A copy of the application, together with a copy of the payment request and the memorial order, are placed in the documents of the day as a basis for writing off the amount of the payment request from a non-balance account account of the amount of settlement documents that are waiting for acceptance for payment, and return the settlement document without payment.

10.9. With a partial refusal of the acceptance, the payment request no later than the working day following the day of acceptance of the application is charged in the full amount of the memorial order from the off-balance sheet account of the amounts of settlement documents waiting for acceptance to pay, and is paid in the amount of the payer's accepted. At the same time, the amount of the payment requirement indicated by the numbers will be burned and the new amount payable is displayed next to it. The record made is assigned by the signature of the responsible executor of the bank.

One instance of the application, together with the first copy of the payment request, is placed in the documents of the day as the basis for the write-off of funds from the Customer's account, another instance of the application no later than the working day following the day of receiving the application, is sent to the bank - the issuer for transfer to the recipient of funds.

10.10. In case of non-treatment in set time Applications on acceptance, refusal of acceptance, as well as in the absence of a bank account in a bank account agreement, provided for in paragraph 10.4 of this part of the Regulation, payment request for the next business day after the expiration of the acceptance of the acceptance is written off by a memorial order from a non-balance account account of the amount of settlement documents that awaiting acceptance for acceptance Payment, and returns to the bank - the Issuer in the manner prescribed in paragraph 2.21 of this part of the Regulation, indicating the reasons for the reasons for the reasons for the reasons for the first instance of the payment request: "Agreement is not received for acceptance."

10.11. All disagreements between the payer and the recipient emerging in the manner prescribed by law.

11.1. In the payment request for a disappointing write-off of funds from payers on the basis of legislation in the "Payment Condition" field, the recipient of funds is "without acceptance", and also makes a reference to the law (indicating its number, the date of adoption and the relevant article), on the basis of which Recovery. In the "Appointment of payment" field, the recorder, in the established cases, indicate the testimony of measuring instruments and the current tariffs or an entry on the calculations on the basis of measuring instruments and existing tariffs.

In the payment request for a disappointing write-off of funds on the basis of a contract in the "Condition of payment" field, the recipient of the funds indicates "without acceptance", as well as the date, number of the main contract and its corresponding item, providing for the right of non-host write-off.

11.2. Baptism of funds from the account in the cases provided for by the main contract is carried out by the Bank if there is a bank account in the bank account agreement, or on the basis of an additional agreement to the bank account agreement containing the appropriate condition. The payer is obliged to submit information about the creditor (recipient of funds) to the service bank, which has the right to exhibit payment requirements for the write-off of funds in the disassembly order, the name of goods, works or services for which payments will be made, as well as the main contract (date, number and the corresponding point involving the right of a non-accept write-off).

The lack of a condition for a non-hosting discriting of funds in the bank account agreement or an additional agreement to the bank account agreement, as well as the lack of information about the creditor (recipient of the funds) and other above information is the basis for the Bank's refusal to pay the payment request without acceptance. This payment requirement is paid in the order of pre-acceptance with a term for acceptance of five working days.

11.3. When admission of payment requirements for a non-host write-off of funds, the responsible executor of the executing bank is obliged to check the existence of a reference to legislative act (The main contract), giving the right to the recipient of funds to the specified procedure for calculations, its date, the number corresponding to the item, as well as in the established cases, the presence of testimony of measuring instruments and current tariffs or records on calculations on the basis of measuring instruments and existing tariffs.

11.4. In the absence of an indication of "without acceptance", the payment requirements are subject to payment by the payer in the order of the pre-acceptance with the term for acceptance of five working days.

11.5. Banks do not consider essentially the objections of payers to write off funds from their accounts in a non-acceptance order.

12.1. A collection order is a settlement document, on the basis of which funds are made from the payers accounts in indisputable manner.

12.2. Incassive orders apply:

1) in cases where the indisputable procedure for the recovery of funds is established by law, including to recover funds by bodies that perform control functions;

2) for recovery executive documents;

3) In cases provided by the parties under the main contract, provided that the Bank serving the payer, the right to write off funds from the payer's account without his order.

12.3. The collection order is drawn up on the form of form 0401071 (Appendix 13 to this Regulation).

12.4. When collecting cash from accounts in an indisputable order in cases established by law, a reference to the law should be made to the Law (indicating its number, the date of adoption and the relevant article) to the "Appointment of payment" in the collection instrument.

12.5. When collecting funds on the basis of executive documents, the collection order should contain a reference to the date of issuing the executive document, its number, the case number, according to which the decision is made to be forced execution, as well as the name of the body that made such a decision. In the case of the recovery of the executive fee of the bailiff - the Contractor, the collection order should contain an indication of the recovery of the fulfillment of the executive collection, as well as a link to the date and number of the executive document bailiff - artist.

Incassive instructions on the recovery of funds from the accounts exhibited on the basis of executive documents are made by the Bank of the Declaring with the application of the original executive document or its duplicate.

12.6. Banks do not take into account the collection instructions for the write-off of funds in indisputable procedure, if the executive document attached to the collection order was presented after the expiration of the period established by law.

12.7. Banks serving debtors (executing banks) are performed by incoming collection assignments with attached executive documents or, in the absence or insufficiency of funds in the debtor's account, to meet the requirements of the charter, make a mark on the executive document on the full or partial failure of the requirements specified in it in connection with The lack of money in the account of the debtor and put a collection order with an applied executive document in a non-balance sheet account No. 90902 "Estimated documents not paid on time." Incassive orders are performed as cash flow in order, established by law.

12.8. The indisputable procedure for writing off funds is applied on obligations in accordance with the terms of the main contract, except in cases established by the Bank of Russia.

Write-off of funds in an indisputable order in cases provided for by the main agreement is carried out by the Bank if there is a bank account in a bank account in an indisputable manner or on the basis of an additional agreement to a bank account agreement containing the appropriate condition. The payer is obliged to grant information about the creditor (recipient of funds), which has the right to exhibit collection instructions for the write-off of funds in an indisputable procedure, the obligation to be made on which payments will be made, as well as the main contract (date, number and the corresponding item providing for the right indisputable write-off).

The lack of a condition for writing off funds in an indisputable order in the bank account agreement or an additional agreement to the bank account agreement, as well as the lack of information about the creditor (recipient) and other above information is the basis for the Bank's refusal to pay the collection order.

12.9. Banks do not consider essentially the objections of payers against the write-off of funds from their accounts in indisputable order.

12.10. Banks suspend the write-off of funds in indisputable order in the following cases:

By decision of the body exercising control functions in accordance with the legislation, to suspend the recovery;

In the presence of a judicial act on the suspension of the recovery;

For other grounds provided by law.

In the document submitted to the Bank, these collection orders are indicated, the recovery of which should be suspended.

With the resumption of the write-off of cash on the collection order, its execution is carried out with the preservation of the order group specified in it and the calendar priority of the document receipt within the Group.

12.11. The executive document, the recovery of funds for which was not made (except for cases of termination executive proceedings) Or is partially produced, returns together with the collection order by the executive bank - the issuer to transmit the recovere personally to receipt or custom mail receipt. At the same time, the executing bank does on the executive document the mark of the date of return of the executive document indicating the recovery amount if there was a partial payment of the document.

12.12. The executive document, the recovery of funds for which was made or discontinued in accordance with the law, returns to the executing bank by mail with the notice of the court or another body issued an executive document. At the same time, the executing bank makes an executive document on the date of its execution, indicating the recovery amount or the return date, indicating the basis of the termination of the recovery (number and date of the declaration of the recoverer, the definition of the court (arbitration court) or other document) and the collected amount, if there were partial Payment of the document.

12.13. On the return of the executive document in the Bank's registration journal, a mark is made indicating the return date, the amounts (or the balance of the amount) and the reasons for the return.

1.1. This part of the situation regulates the implementation of settlements through correspondent accounts (subaccount), open in the divisions of the banking network of the Bank of Russia (headquarters and cash centers, cash centers), on a gross basis providing for the transfer of money individually and consistently for each Calculated Document.

1.2. For settlement operations, each credit institution located on the territory of the Russian Federation and the banking operations licensed by the Bank of Russia opens one correspondent account at the place of its location in the division of the Bank of Russia.

The credit organization has the right to discover each branch at the place of its location, one correspondent subaccount in the division of the Bank of Russia's settlement network, with the exception of branches serviced in one division of the Bank of Russia's settlement network with a head credit institution or another branch of the credit institution. In this case, the estimated operations are carried out through the correspondent account of the head credit institution or the correspondent subaccount of another branch of the credit institution opened in the Bank of Russia.

1.3. Relations between the Bank of Russia and the credit institution serviced by them (branch) in the implementation of settlement operations through the calculated network of the Bank of Russia are regulated by law, the correspondent account (subaccount) (hereinafter referred to as the account agreement), which is the Bank of Russia (in the person of the division of the Bank of Russia If you have a power of attorney at this by the manager) and the credit institution (a branch - if you have a power of attorney by a manager), as well as additions to the account agreement.

1.4. The account of the account is concluded on the term agreed by the parties and determines the procedure for the settlement service, the rights and obligations of the credit institution (branch) and the Bank of Russia when performing settlement operations on the correspondent account (subaccount), the method of exchanging the calculated documents with the Bank of Russia, payment procedure for the bank provided by the Bank of Russia services, responsibility of the parties for non-fulfillment or improper fulfillment of obligations under the Agreement, other conditions provided for by law and regulatory documents Bank of Russia.

1.5. Reception of settlement documents by the Bank of Russia is carried out independently of the balance of funds on the correspondent account (sub-account) of the credit institution (branch) at the time of their adoption.

Payments can be carried out within the amount of funds available at the time of payment, taking into account funds entering during the operational day, and loans of the Bank of Russia in cases established by the regulatory acts of the Bank of Russia and prisoners between the Bank of Russia and the credit organizations of the treaties.

1.6. The credit institution (branch) determines the type of payment ("mail", "telegraph", "electron") and, depending on the selected payment type, submits in the division of the bank's settlement network of the Bank of Russia; settlement documents on paper and / or electronics (by communication channels , on magnetic media). In the payment orders represented in electronic form, the type of payment "URGENTLY" may be specified according to regulatory acts Bank of Russia.

1.7. Correspondent accounts (subaccounts) of credit institutions (branches) are carried out on the basis of the settlement documents received by the division of the banking network of the Bank of Russia on paper or electronically, by paying each settlement document. Customer settlement documents, as well as a credit organization (branch) on their own operations, are submitted to the credit institution (branch) in the subdivision of the Bank of Russia's settlement network as part of a consolidated payment order with the application of the design documents in the form of Appendix 26 to this Regulation.

The transfer of funds to the credit institution (branch) to the obligatory reserves is carried out by separate electronic payment documents (hereinafter referred to as EPD) or settlement documents on paper carriers not included in the consolidated payment order. At the same time, in the settlement documents for the transfer / recovery of funds to the obligatory reserves, deposited in the Bank of Russia, the order of payment is not indicated and is determined by the Bank of Russia in accordance with the regulatory acts of the Bank of Russia.

1.8. Operations on the write-off of funds from a correspondent account (subaccount) of the credit institution (branch) or enrollment on this account are confirmed by the discharge from the correspondent account (subaccount) in the form of Appendix 27 to this Regulation, issued depending on the exchange of calculation documents adopted in the settlement division Bank of Russia, on paper or in the form of an electronic service document (hereinafter - ESID), which credit institution (branch) receives on time and manner established by the account agreement or contract determining the procedure for exchanging electronic documents using information security tools ( Next - the exchange agreement).

1.9. Upon receipt of an extract from the correspondent account (subaccount) with attached calculated documents, a credit institution (branch) enlists the Casient's funds only with the full coincidence of the details specified in the discharge, with the details of the relevant settlement document, which is the basis for the implementation of the operation.

1.10. Credit organizations (branches) who opened correspondent accounts (subaccounts) in the divisions of the banking network of the Bank of Russia, with the aim of their unambiguous identification during the settlement operations, are assigned the beaches of the calculation participants.

The structure of the bank identification code and the procedure for its assignment is established by a separate regulatory act of the Bank of Russia.

Credit organizations (branches) can send settlement documents to the division of the bank's settlement network of the Bank of Russia from the date of information about them in the "Directory of the BIC RF."

1.11. The payment carried out through the division of the settlement network of the Bank of Russia is considered:

Irrevocable from the moment of writing off funds from the payer's account in the division of the bank's settlement network of the Bank of Russia;

Ultimate from the moment of crediting funds to the recipient's account in the division of the Bank of Russia's settlement network.

2.1. Credit organization (branch) submits to the servicing division of the banking network of the Bank of Russia payment order In two copies, decorated on the form of Form 0401060 (Appendix 1 to this Regulation) and completed in accordance with Appendix 25 to this Regulation. A consolidated payment order is a written order of the credit institution (branch) - a payer by the division of the banking network of Russia to write off from the correspondent account (subaccount) amount of funds.

The consolidated payment order includes settlement documents and an inventory of the calculated documents, which is drawn up by a credit institution (branch) in two copies in the form of Appendix 26 to this Regulation.

A consolidated payment order is presented separately for each type of payment and for each group of order. Payment of the calculated documents applied to a consolidated payment order is carried out in the sequence specified in the design of the calculated documents.

The first copy of the consolidated payment order and each sheet of the first instance of the design documents are made by signatures of officials of the credit institution (branch) who have the right to dispose of the score, and are assigned to the print office of the credit institution (branch).

A consolidated payment order is not subject to reception in the absence of inventory and settlement documents.

A consolidated payment order is not issued when submitting a single payment order for a credit institution (branch) on his own payment.

2.2. The first copies of the consolidated payment order and inventory with attached specimens of settlement documents are the basis for the commission of a correspondent account (subaccount) of the credit institution (branch) and are placed in the documents of the Day of the Division of the Bank of Russia serving the credit institution (branch) of the payer.

The second copies of the consolidated payment order and OTICI returned to the credit institution (branch) of the responsible executor of the division of the Bank of Russia's settlement network with a mark on their adoption and serve as a receipt confirming the reception of documents.

2.3. The credit institution (branch) submits to the division of the banking network of the Bank of Russia the number of copies of settlement documents of customers and a credit institution (branch) as part of a consolidated payment order or separate settlement documents of the credit institution (branch) in accordance with the type of payment.

When specifying the type of payment "Mail":

Three instances, if the recipient is a client of a credit institution (branch), of which one copy of the Bank of Russia's settlement network, serving the credit institution (branch) of the payer, places in documents of the day; Two copies sends to a division of the banking network of the Bank of Russia, serving a credit institution (branch) of the recipient, for the transfer of a credit institution (branch) of the recipient together with the discharge from the correspondent account (subaccount);

Two instances, if the recipient of the funds is the division of the banking network of the Bank of Russia, from which one copy is placed in documents of the day, and the other is transmitted to the room in a separate folder on inside banking operations.

When specifying the type of payment "Telegraph":

One copy that remains in the document of the day of the division of the banking network of the Bank of Russia serving a credit institution (branch) of the payer.

When specifying the type of payment "Electron":

One copy that is used to form the EPD and is placed in the documents of the day of the division of the banking network of the Bank of Russia serving, the credit institution (branch) of the payer.

If there is a field of payment field (in case of calculated operations between divisions of the Bank of Russia's settlement network, serviced by one computing center):

in the event of settlement operations between credit institutions (branches), serviced by one division of the Bank of Russia's settlement network:

Three instances, if the recipient is a client of a credit institution (branch), of which one copy of the Bank of Russia's settlement network places in documents of the day; Two copies of the Bank of Russia's estimation of the Bank of Russia conveys a credit institution (branch) of the recipient along with an extract from the correspondent account (subaccount);

Two copies, if the recipient is a credit organization (branch) or the client of the division of the bank of Russia, which is not a credit organization, from which one copy is placed in the documents of the Day of the Bank of Russia's settlement network, and the other is transmitted to the credit organization (branch) to the recipient or to the client of the division of the banking network of the Bank of Russia along with the discharge from the account;

in the case of the commission of intraregional electronic calculations:

One copy that is used to form the EPD and is placed in the documents of the day of the division of the banking network of the Bank of Russia serving the credit institution (branch) of the payer.

2.4. The division of the banking network of the Bank of Russia when receiving consolidated payment orders with the applications verifies the correctness of their preparation and design in accordance with paragraphs 2.7 - 2.15 of Part I of this Regulation.

According to the calculated documents of the credit institution, which has been withdrawn by the license to carry out banking operations, additionally verifies the compliance of the appointment of payment to the list of operations permitted by the regulatory acts of the Bank of Russia for credit institutions, which are withdrawn by the license.

When identifying violations of the Bank of Russia's demands on issuing a consolidated payment order and inventory documents attached to it, a consolidated payment order and all the settlement documents attached to it are subject to return.

2.5. In the settlement documents adopted by the division of the banking network of the Bank of Russia to execution, is checked:

Compliance of the names, location, bik of credit institutions (branches) of the payer and recipient and numbers of their correspondent accounts (subaccounts) "Director of the BIC RF";

Compliance of the number of payer accounts and recipient of funds in terms of compliance with the permissible digitage of digital signs;

The compliance of the balance sheets of the second order and the currency code of the accounting rules in the credit institutions located in the Russian Federation.

2.6. Estimated documents that have not passed the control specified in paragraph 2.5 of Part II of these Regulations and not adopted for further processing, the division of the banking network of the Bank of Russia returns along with the report from the correspondent account (subaccount) and the notice of the return of settlement documents in the form of Appendix 30 to this Regulation .

3.1. The EPD formed, or the EPD package, the credit institution (branch) sends to the division of the banking network of the Bank of Russia using telecommunications or represents a courier or special community on magnetic carrier.

3.2. Depending on the method of sharing information adopted in the division of the Bank of Russia, a credit organization (branch) directs the EPD (EPD Package) in the form of full-format EPD or EPD of the abbreviated format, which are formed in accordance with the requirements of the Bank of Russia.

3.3. When exchanging the EPD of the abbreviated format in the exchange agreement, the obligation of a credit institution (branch) of the payer is included independently send the estimated documents on paper, on the basis of which the EPD of the abbreviated format, the credit organization (branch) of the recipient to reflect the settlement operations on customer accounts, and also indicate timing Directions of settlement documents.

3.4. Magnetic carrier (floppy) with the EPD Credit Organization (branch) is concluded together with two instances of the inventory of magnetic carriers (flop) composed on paper in arbitrary form. In addition, the total number and number of magnetic carriers (diskettes), as well as the total number and amount of EPDs that are part of each magnetic carrier (flop) are indicated. Opve is drawn up with the seal and signatures of the account managers in accordance with the claimed credit institutions (branch) samples.

One copy of the inventory is placed in the documents of the day of the division of the bank of the Bank of Russia, the second is returned by the credit institution (branch) with a mark on adoption.

Magnetic media (floppers) containing electronic payment documents that do not meet the requirements of the regulatory acts of the Bank of Russia regulating the rules of exchange of electronic documents between the Bank of Russia, credit institutions (branches) and other clients of the Bank of Russia in the implementation of settlements through the settlement network of the Bank of Russia, which have not passed And not accepted by the Bank of Russia's settlement network, a credit organization (branch) is returned with a mark on return to Ways.

4.1. If there is a credit institution (branch) of funds, sufficient to meet all the claims made to the account, the write-off of these funds is carried out in order to receive orders of account owner and other settlement documents during the operational day, unless otherwise provided by law and account account. Under the adequacy of funds in the account it is understood that the balance of cash on the correspondent account (subaccount) of the credit institution (branch) is not lower than all requirements for it, or the fulfillment of the conditions provided for by the Account Agreement, allowing the calculated operations for all the requirements submitted to the account, the amount which exceeds the amount of cash balance in the account.

4.2. Operations on the write-off and enrollment of funds implemented according to the correspondent account (subaccount) of the credit institution (branch) are recorded on the balance sheet of the credit institution (branch) of their holding in the division of the banking network of the Bank of Russia. In the absence of such a possibility, the operation is carried out in accordance with Annex 28 to this Regulation.

4.3. In case of insufficiency of funds on a correspondent account (sub-account) of the credit institution (branch), to meet all the requirements of the requirements for writing off funds are carried out in accordance with the priority established by law.

In this case, the funds written off from the payer's account are reflected on the balance sheet account of the funds written off from customer accounts, but not conducted according to a correspondent account (subaccount) of the credit institution (branch) due to insufficient funds. The settlement documents are placed in the appropriate card file of unpaid settlement documents to the correspondent account (subaccount) of the credit institution (branch).

4.4. Not fulfilled at the end of the operational day due to the insufficiency of funds on the correspondent account (subaccount). Estimated documents on which the executive documents are made on the basis of executive documents providing for the transfer or cash issuance from the account to meet the requirements for compensation for harm caused to life and health, and also requirements for the recovery of alimony; on the payment of weekend benefits and remuneration with persons working on the employment contract, including under the contract; on the payment of remuneration on the author's contract; settlement documents providing for the transfer or issuance of cash for paying for labor payments with employment faces (contract), as well as deductions to Pension Fund Russian Federation, Fund social insurance Russian Federation, State Fund Employment of the population of the Russian Federation and the funds of compulsory medical insurance, payments to the budget and extrabudgetary funds, settlement documents on executive documents providing for the satisfaction of other monetary requirements, are placed in the map file of unpaid settlement documents in the division of the Bank of Russia's settlement network.

The settlement documents for other payments are not subject to accounting in the division of the banking network of the Bank of Russia and are transmitted to premit them in the card file of unpaid settlement documents leading in the credit institution (branch).

Payment of settlement documents is carried out in the order established by the legislation. Payment of settlement documents related to one queue is made in the calendar sequence of the receipt of settlement documents.

4.5. The division of the banking network of the Bank of Russia issues a credit organization (branch) an extract from a correspondent account (subaccount) confirming the commissioning of the operation and notice in the form of applications 29, 30 to this Regulation.

4.6. At the same time, a general certificate in the form of Annex 31 is issued from the correspondent account (subaccount) of the Credit Organization (branch) to this Regulation on paid, placed in card files of unpaid settlement documents returned documents on paper paper carriers.

4.7. With insufficiency of funds on a correspondent account (sub-account) of the credit institution (branch), partial payment of a consolidated payment order is allowed in the form of payment of individual settlement documents attached to it. Partial payment of settlement documents of clients of credit institutions (branches) and settlement documents on their own payments of the credit institution (branch) as part of a consolidated payment order is not allowed.

On the front side of the partially paid consolidated payment order of the credit institution (branch) stamp "Partial payment" is stamp, and on the revolving side it is recorded about the date and amount of partial payment and a new balance, the record is assigned by the signature of the responsible contractor of the Bank of Russia's calculation network. A consolidated payment order with the calculated documents attached to it and the description is placed in the map file of unpaid settlement documents, taken into account in the division of the banking network of the Bank of Russia.

Partial payment of settlement documents on indisputable (disappointing) write-off of funds filed to a correspondent account (subaccount) of a credit institution (branch) is made in accordance with paragraph 8.10 of Part I of this Regulation.

Partial payment of settlement documents on the transfer of funds to the mandatory reserves is carried out in accordance with paragraph 3.7 of Part I of this Regulation.

4.8. The card file of unpaid settlement documents, subject to accounting in the division of the banking network of the Bank of Russia, depending on the method established in the contract between the Bank of Russia and the credit institution (branch) of the exchange documentation method is carried out on paper and / or in the form of electronic databases.

4.9. A card file on paper on paper in the division of the banking network of the Bank of Russia is formed on the settlement documents received on paper carriers.

A copy of the consolidated payment order, which was not fulfilled in the full amount due to the insufficiency of funds on the correspondent account (sub-account) of the credit institution (branch), is placed in a map file together with the description and attached unpaid settlement documents. A consolidated payment order is placed in the documents of the day of the division of the banking network of the Bank of Russia after paying the last calculated document applied to it.

4.10. The electronic database is formed from EPDs unpaid due to the insufficiency of funds at the correspondent account (sub-account) of the credit institution (branch).

4.11. The credit institution (branch) of the payer on obtaining from the division of the bank's settlement network of the Bank of Russia confirmation (extract, ESID) on the payment of an abbreviated format from the electronic database sends a calculated document on the paper of the credit institution (branch) of the beneficiary in terms of the exchange rate established by the exchange agreement.

5.1. The credit institution (branch) has the right to withdraw the settlement documents of customers and payment orders for their own operations, not paid due to insufficient funds on the correspondent account (subaccount) and placed in the map file of unpaid settlement documents in the Bank of Russia, before their payment.

The review is carried out at the request of the credit institution (branch) submitted in an arbitrary form to the division of the banking network of the Bank of Russia or directly into the division of information and computing maintenance of the territorial institution of the Bank of Russia, if the responded documents are in the electronic database formed in the information and computing services division.

The statement indicates the number, date, amount of the calculated document and the name of the payer, as well as the number and date of the consolidated payment order, as part of which the settlement document was submitted to the division of the Bank of Russia's settlement network. The application on paper is signed by officials who have the right to dispose of the account of the credit institution (branch), and is assigned to print printing.

Feedback and refund of unpaid settlement documents of clients is carried out by a credit institution (branch) on the basis of customer statements in the manner prescribed by paragraphs 2.17 - 2.21 of Part I of this Regulation.

5.2. Unpaid settlement documents filed to a correspondent account (subaccount) of the credit institution (branch) on indisputable (disappointing) write-off of funds can be withdrawn by the recovers themselves (recipients) on their written statement sent through the serving credit institution (branch).

5.3. Withdrawn by the credit institution (branch), unpaid settlement documents on paper are returned by the division of the Bank of Russia's settlement network to the authorized person of the credit institution (branch) on receipt on the application.

5.4. Withdrawn the calculated documents for indisputable (disappointing) debate of funds from the payer's accounts are sent by a credit institution (branch) of the payer to the credit institution (branch) of the recipient (recoverer) independently.

Withdrawn settlement documents for indisputable (disappointing) debate of funds from a correspondent account (subaccount) of the credit institution (branch) are sent by the division of the Bank of Russia's settlement network to a credit institution (branch) serving the recoverer to a registered letter with a notice.

6.1. Credit organization (branch) has the right to open a correspondent account (subaccount) from the date of making an appropriate record in the book state registration credit institutions and assigning a registration (ordinal) number. The basis for the opening of the correspondent account (subaccount) of the credit institution (branch) in the Bank of Russia is the conclusion of an account of the account.

The correspondent account (subaccount) opens upon disposal of the head of the division of the banking network of the Bank of Russia.

6.2. To open a correspondent account, a credit organization submits the following documents to the division of the bank's settlement network of the Bank of Russia:

1) an application for opening a correspondent account (Appendix 32 to this Regulation);

2) a copy of the license for banking operations, certified in the prescribed manner;

3) copies of constituent documents certified in the prescribed manner:

Charter of the credit organization;

Certificates of state registration of the credit institution;

4) a letter of the territorial institution of the Bank of Russia confirming the coordination of the candidates of the head and the chief accountant of the credit institution;

5) certificate of registration with the tax authority;

6) Card certified in the prescribed manner with sample signatures of the head, chief accountant and authorized officials of the credit institution and the prints of the Print Organization.

6.3. To open a correspondent subaccount, a branch, along with the documents listed in paragraph 6.2 of this part of the Regulation, a credit institution (a branch, in the presence of a power of attorney) additionally submits to the division of the Bank of Russia's settlement network at the location of the branch:

1) a copy of the Bank of Russia's report on making a branch to the book of state registration of credit institutions and assigning a sequence number certified in the prescribed manner;

2) a copy of the branch position certified in the prescribed manner;

3) the original power of attorney issued by the credit institution to the head of the branch to the opening of the correspondent subaccount and maintenance of operations on this account, or certified in the prescribed manner a copy of the power of attorney issued by the credit institution to the head of the branch certifying the authority of the head of the branch to open an account and conduct operations on it and the right of signing contracts (in the event that the contract and application for opening an account are signed by the head of the branch).

6.4. The basis for the closure of the correspondent account (subaccount) in the division of the settlement network of the Bank of Russia is the termination of an account agreement.

The closure of the correspondent account (subaccount) on the initiative of the credit institution (branch) is carried out on the application of the credit institution (branch).

The closure of the correspondent account (subaccount) in the event of the liquidation of the credit institution is carried out on the basis of the application of the liquidation commission (competitive manager, liquidator).

6.5. Remains of funds from a correspondent account (subaccount) are listed by the payment order of the credit institution (branch) in accordance with the legislation and the account agreement. Returning the settlement documents from the cards of unpaid settlement documents when closing the correspondent account (subaccount) is carried out in the manner set out in Chapter 7 of Part II of this Regulation.

6.6. When closing a correspondent account (subaccount) with a credit institution (branch) in the division of the settlement network of the Bank of Russia at the same time, unused cash is given check books With a covering letter, which indicates the numbers of unused checks.

6.7. The credit institution (branch), which closes the correspondent account (subaccount) in the division of the banking network of the Bank of Russia, notifies the closure of the account tax authorities other state bodiesFor which the legislation of the Russian Federation entrusted the functions of monitoring payments to the budget, state extrabudgetary funds and customs authorities.

6.8. When closing a correspondent account, a credit institution with branches is obliged to ensure the closure of correspondent sub-accounts of branches.

The remnants of the funds on correspondent subaccounts are subject to transfer of a branch of a credit institution to a credit organization correspondent account before closing a credit organization's correspondent account, unless otherwise provided by the account agreement.

6.9. When closing a correspondent subaccount of a branch without closing a correspondent account of a credit organization, cash balances are listed in accordance with the branch of the branch to the correspondent account of the credit institution or the correspondent subaccount of the Division of the credit institution in which the branch covering the correspondent subaccount has an account of interfilient settlements. At this expense, cash can be transferred in the subsequent branch closed by the correspondent subaccount.

6.10. Coming in the period after the closure of the correspondent account (subaccount), the calculated documents return to the bank serving the sender (recoverer), marked: "Return without execution in connection with the closure of the correspondent account (subaccount)."

7.1. Estimated documents that are in the card file of unpaid settlement documents to a correspondent account (subaccount) of the credit institution (branch), which is subject to closure due to the review of the license for banking operations, and to the correspondent subaccounts of its branches before the creation of the liquidation commission (appointment of the competitive manager, liquidator ) Credit organization can be returned (branch) upon its written statement. Estimated documents for indisputable (disappointing) write-offs can be returned to the recoverer of funds in his written statement. Return is carried out in accordance with the procedure set out in Chapter 5 of Part II of this Regulation. Non-returning settlement documents are transmitted according to the inventory of the liquidation commission (the bankruptcy management, liquidator) of the credit institution.

7.1.1. The divisions of the banking network of the Bank of Russia, in which the correspondent account of the credit institution and correspondent subaccount of its branches were discovered, notify the closure of the account and the transfer of the liquidation commission (liquidator, the bankruptcy trustee) of unpaid settlement documents of customers, the credit institution itself and its branches for mandatory payments in Budgets and state extrabudgetary funds, tax authorities, customs authorities, and in cases stipulated by law, and other government agencies, to which the legislation of the Russian Federation are entrusted with the functions of monitoring payments to budgets, state extrabudgetary funds.

7.1.2. Divisions of the Bank of Russia's settlement network, in which a correspondent account (subaccount) was opened by the liquidated credit institution and its branches were opened, send notifications drawn up in arbitrary form, recovers about the transfer of the liquidation commission (liquidator, competition manager) of settlement documents for indisputable (disappointing) .

7.2. When closing a correspondent account of the credit institution and the correspondent subaccount of a branch in otherwise established cases, settlement documents of clients and on their own transactions of the credit institution (branch), not paid due to the insufficiency of funds on the correspondent account (subaccount) and placed in the cards, returned by the settlement unit Bank of Russia networks of a credit institution (branch). Estimated documents for indisputable (disappointing) Write-off of funds filed to a correspondent account (subaccount) of the credit institution (branch) are returned to collectors.

7.2.1. Credit organization (branch) Returns settlement documents of payers' customers and documents for indisputable (disappointing) Write-off of funds, respectively, customers and recovers.

7.2.2. Return by the division of the banking network of the Bank of Russia of settlement documents, not paid due to insufficiency of funds on the correspondent account (subaccount), is carried out no later than the day of closing the account.

7.2.3. The division of the banking network of the Bank of Russia returns a credit institution (branch) Estimated documents for inventory, which is compiled in two copies. Inventory indicates the amount, number, date of the calculated document and the name of the payer. On the returned settlement documents, the mark "Return without execution in connection with the closure of a correspondent account (subaccount)" and the signature of the responsible performer, whom the order is entrusted with the control of returned without paying documents. Each specimen of Queen is signed by the responsible executor and the chief accountant of the division of the settlement network of the Bank of Russia and is issued by the ottis of the stamp.

The credit institution (branch) receives the calculated documents on receipt in Obia, the first copy of which is placed in the documents of the day of the division of the banking network of the Bank of Russia.

7.2.4. The division of the banking network of the Bank of Russia, which closes the correspondent account (subaccount), depicts unpaid settlement documents from the card file to the undeveloped (disappointing) write-off of funds to be returned to recovers. On the revolving side of the returned settlement documents are made by the "Return without execution in connection with the closure of a correspondent account (subaccount)", the return date. The documents are affixed by the writing of the stamp containing the name, bank identification code, the signature of the responsible contractor and is certified by the signature of the Chief Accountant (Deputy Chief Accountant) indicating the names and initials.

7.2.5. Estimated documents are sent together with the first instance of the accompanying letter to the credit institution (branch), the leading record of the recoverer, by registered letter with the notice.

The accompanying letter of arbitrary forms is compiled in two copies, signed by the responsible performer of the division of the banking network of the Bank of Russia, the chief accountant or his deputy. The letter indicates the date of seizure of the calculated document on the indisputable (disappointing) write-off from the card files, the new payer details (if known) or indicate that new details are not known. The second copy of the letter with a copy of the settlement document is placed in the documents of the Day of the Division of the Bank of Russia.

7.2.6. The refund of unpaid EPDs placed in an electronic file is carried out in the manner prescribed by the regulatory acts of the Bank of Russia on electronic calculations.

Estimated operations are carried out under the condition of ensuring the daily equality of cash balances on the correspondent account on the balance of the credit institution (branch), which opened the correspondent account in another credit organization (branch) (hereinafter - the Bank - the respondent), and on the balance sheet of the credit organization (branch), Which is open to the correspondent account of the specified credit institution (branch) (hereinafter referred to as the Bank - correspondent), as well as on the accounts of the interfilient settlements of the divisions of one credit organization (head credit institution, branches of the credit institution). The reflection of the calculated operations in the bank balances - the respondent and the correspondent bank, as well as in the head credit institution, the branches of the credit institution on the accounts of interfilient settlements is carried out by one calendar date (number, month, year) - the date of transfer of payment (hereinafter referred to as the DPP).

DPH is set to account for the term of the settlement document (Document Roll) and is indicated by a credit institution (branch), which starts the operation of transferring funds in account of interfilient settlements, a correspondent account (hereinafter - the Bank - the sender) in the details "Res. Field" (reserve field) of the payment orders. These requirements should be taken into account in the rules for building a settlement system of a credit institution and concluded correspondent accounts.

DPP is not established when making a payment through the divisions of the banking network of the Bank of Russia.

In some cases (the redistribution of funds between the divisions of the credit institution, the replenishment of the correspondent account in another credit institution, the return of funds from the correspondent account, the replenishment of the account balance of interfilient settlements) of the DPP may be established by a credit institution (branch), which completes the transfer of funds for accounts on accounts ( Further, the bank is the performer), in the register of upcoming payments or the report on receipt from the bank - the sender of funds.

Confirmation of the commissioning of the operation of the write-off or crediting funds in the account of interfilient settlements, a correspondent account in another credit institution (branch) is an extract from these accounts sent by the Bank - the Contractor to the Sender. The form, method (on paper or electronically) and the procedure for transferring an extract establishes in the rules for building a settlement system of the credit institution and in the correspondent accounts. At the same time, the day is accepted for the DPP, for which the extract is given.

When carrying out a payment made by a credit institution (branch) on behalf of another credit institution (branch) to the third credit institution (branch), the DPP is established in each pair of credit institutions (branches), and customer assignments are reissued on behalf of the Bank - the sender. In this case, the proprifers of the recipient remain unchanged.

Responsibility for the correctness of the compilation of a reissued payment order and the timeliness of transfer on its basis of funds is carried by a credit organization (branch), which has comprising a settlement document. The payment order of the credit institution (branch) is sent to another credit institution (branch) to implement the operation on appropriate accounts without an application of the calculated document, on the basis of which it is drawn up.

1.1. The relationship between credit institutions (branches) in the implementation of settlement operations on correspondent accounts is governed by the legislation and the correspondent account (hereinafter referred to as the account agreement) concluded between the parties.

1.2. The credit institution concludes an account agreement and opens a correspondent account in another credit institution (branch) to the branch with the provision of the right to dispose of this account by proxy, issued by the branch manager, or in the branch office provides him with the right to open correspondent accounts in other credit institutions ( branches).

The branch has the right to open correspondent accounts to other credit institutions (their branches) and conduct operations on them if such rights are delegated to him in the branch office and reflected in the power of attorney issued by the manager.

1.3. The bank - the correspondent opens the bank - the respondent correspondent account for receiving the documents listed in paragraphs 6.2 (the form of an application for opening an account required in accordance with sub-clause 1 of paragraph 6.2 may be determined by credit organizations independently), 6.3 of Part II of this Regulation, and the signing of the contract accounts.

1.4. In accordance with the procedure for the implementation of operations on correspondent accounts "Loro", "Nostro", established by this Regulation, an agreement must be achieved between the Bank - the respondent and the Bank - the correspondent must be achieved:

1) on the procedure for establishing DPP when conducting settlement operations based on the document transfer between the Bank - the respondent and the Bank - correspondent;

2) on the rules for the exchange of documents (on paper carrier, in the form of an electronic document) and the form of a register of upcoming payments with the transfer of the necessary details to perform settlement operations, the method and procedure for its transfer (on paper or in the form of an electronic document);

3) on the obligations of the Bank - the Contractor to send the Bank to the Sender confirmation of the comprehensive operation for its reflection on the correspondent account in the Bank - Respondent and Bank - correspondent one date;

4) on the procedure for the actions of the Bank - the respondent and the bank - correspondent when the settlement document is received later than the established DPP, the late receipt or non-receipt of confirmations on the commission of the settlement operation or in connection with the emergence of force majeure;

5) on the obligations of the bank - the respondent to replenish the correspondent account to pay for the calculated documents filed to this account;

6) on account lending by the Bank - correspondent;

7) on the conditions of termination of the contract, including the case of non-fulfillment by the Bank - the respondent of obligations to replenish their account;

8) On other issues governing the calculations on the correspondent account.

1.5. Operations on the write-off of funds from the Correspondent account "LORO" are carried out by the Bank - the correspondent on the payment order of the Bank - the respondent, drawn up and decorated in compliance with the requirements established by the regulatory acts of the Bank of Russia, subject to the adequacy of funds on his account.

Write off funds without the consent of the bank - the respondent is made in cases provided for by law or account agreement.

1.6. Payment orders of the Bank - the respondent who cannot be fulfilled due to the insufficiency of funds on his account are returned by the Bank - a correspondent on the day of their receipt, unless otherwise provided by the account agreement.

Estimated documents for indisputable (disappointing) Write-off of funds from a correspondent account "Loro" in the absence or insufficiency on it of funds are placed by the Bank - a correspondent to the corresponding card files of unpaid settlement documents to the specified bank account - the respondent and are paid in the priority established by law.

The Bank - the correspondent notifies the bank - the respondent on the placement of unpaid settlement documents in the Card file to the Bank's account of the Bank - the respondent in form N 0401075 or according to the notice-agreed form.

In case of insufficiency of funds in the correspondent account of the Bank - the respondent, partial payment of the calculated documents on the indisputable (disassembly) is the debiting of funds in the same way as described in paragraph 8.10 of Part I of this Regulation.

Unpaid settlement documents filed to the correspondent account of the credit institution (branch) on the indisputable (disappointing) write-off of funds can be withdrawn by the recovers themselves (recipients) on their written application directed through the serving charter (recipient) credit institution (branch).

Withdrawn settlement documents for indisputable (disappointing) debate of funds from the payer's accounts are sent by a credit institution (branch) of the payer (by the Bank - correspondent) to a credit institution (branch) of the recoverer (recipient) on its own by registered letter with notice.

1.7. The Bank - the correspondent carries out an operation on the correspondent account "Loro", provided that the payment order of the Bank - the respondent is drawn up with compliance with the requirements established by the Bank of Russia.

1.8. With the implementation of settlement operations on Correspondent accounts "Loro", "Nostro" by the Bank - the sender of payment or the bank, the Contractor can be both the bank - the respondent and the Bank - the correspondent.

1.9. When carrying out operations by the Bank - a correspondent for the correspondent account "LORO" to enroll or write off funds on charged commission or payment requirements, issuing a bank to the Bank - Respondent cash cash The DPP is indicated in the register of upcoming payments, the form and method of transmission (electronically or paper carrier) of which is established by the Bank - the correspondent and the Bank - the respondent in the account agreement. The register of upcoming payments (on paper) is attached by estimated documents, on the basis of which the operation will be carried out (except for issuing cash).

1.10. The basis for the implementation of settlement operations on the correspondent account in the Bank - the sender (in the case of the transfer of a computational document on paper) are the first instances of the client's settlement documents, according to the bank's own operations - the respondent and one copy of the Bank's payment order - the sender, based on their basis, and In the bank, the artist is the first copy of the Bank's payment order - the sender and the specimens attached to it. Customer settlement documents and on the bank's own operations - the sender. When transferring settlement documents in electronic form to the documents of the day by agreement of the parties, printed paper copies of the EPD or the register of the EPD conducted are placed.

1.11. If there is no confirmation of the executive operation from the Bank - the Contractor - the sender on the day of the Office of the DPP takes all possible measures (asks for emergency channels - electronic, telephone, telefax, etc.) to determine the reason for non-receipt of confirmation. In the case of a report by the Bank - the Contractor on the impossibility of committing this settlement operation, the Sender is obliged to ensure payment for other accounts (open in the division of the Bank of Russia, in other credit institutions (branches), or through other branches of the same credit institution).

1.12. The closure of the correspondent account is made when terminating the account of the account in cases stipulated by law, the regulatory acts of the Bank of Russia and the account agreement.

1.13. Party - Initiator Termination of the Account Contract sends a written application for the closure of a correspondent account in connection with the termination of the Correspondent Account in connection with the termination of the Account Agreement, signed by the head and chief accountant, certified by the Printing Credit Organization. The statement indicates the date of termination of the account agreement.

1.14. When closing the correspondent account, the balance of funds is listed on the basis of the bank's payment order - the respondent to its correspondent account (subaccount) in the division of the banking network of the Bank of Russia or the correspondent account in another credit institution (branch) within the period provided for by law and the account agreement. At the same time, the Bank - the respondent submits to the Bank - the correspondent of unused cash receipt records.

The Bank - the correspondent shall notify the closure of the correspondent account tax authorities and other government agencies to which the legislation of the Russian Federation are entrusted with the functions of monitoring payments to the budget, state extrabudgetary funds and customs authorities.

1.15. In case of insufficiency of funds on the correspondent account (sub-account) of the Bank of the correspondent, open in the division of the banking network of the Bank of Russia, the payment order of the Bank - the respondent for the return of funds from the Correspondent account "Loro" is placed by the Bank - a correspondent to the corresponding card file of unpaid settlement documents to Its correspondent account (subaccount), opened in the division of the banking network of the Bank of Russia, and is paid in the order of priority established by law.

1.16. If there is an unpaid settlement document to correspondent accounting documents, the return of settlement documents, when closing an account, is carried out similarly to the procedure set out in Chapter 7 of Part II of this Regulation.

1.17. The Bank - the correspondent terminates operations on the correspondent account "LORO" when terminating the account agreement after receiving the application of the bank - the respondent on the closure of the correspondent account or the onset of the account of the account agreement specified in it. All incoming to the bank - the correspondent of settlement documents for writing off from the bank's account - the respondent are refundable indicating the reasons for the return: "Return without execution in connection with the closure of the correspondent account."

2.1. The calculated operations of the credit institution between the head organization and branches, as well as between branches (according to the text of this part - the division of the credit institution) of one credit institution are carried out through the accounts of interfilient settlements.

In the accounts of interfilient settlements, the division of a credit institution can hold payments for all banking operations allowed by the credit institution of the Bank of Russia's license, a certain provision on the branch and rules for building a settlement system of a credit institution (hereinafter - intrabank rules) developed in accordance with the legislation and regulatory acts of the Bank of Russia .

2.2. Intrabank Rules are made in the form of a separate document, approved by the Executive Body of the Credit Organization and must contain:

1) the procedure for opening, closing and replenishment (increasing the passive account balance) of accounts of interfilient settlements;

2) the procedure for identifying each participant in the calculation in the system of interfilient calculations of the credit institution (system of technical, telecommunication facilities and organizational measures to ensure the possibility of carrying out settlement operations between the divisions of the credit institution) in the implementation of calculations (exchange cards with signatures and print printing, the use of analog captions in the form of codes, passwords, electronic signature etc.);

3) Description of document flow, the procedure for transferring and processing settlement documents during operations on the accounts of interfilient settlements, as well as the sequence of documents between subdivisions of the credit institution;

4) the procedure for forwarding settlement documents;

5) the procedure for establishing DPP when carrying out settlement operations based on document management between divisions of a credit institution;

6) the procedure for conducting settlement operations by divisions of a credit institution in the redistribution of funds;

7) the procedure for the daily reconciliation of calculations between the divisions of the credit institution on the accounts of interfilient settlements and the redistribution of funds;

8) the procedure for the actions of the credit institution units during the receipt of a settlement document for the payment of the payment later established by the DPP, the late receipt or non-receipt of confirmations on the commission of the calculated operation for technical reasons or in connection with the emergence of force majeure;

9) other issues governing settlements within the credit institution.

2.3. Each division of a credit institution should have a unique number containing no more than four characters in the settlement system of a credit organization, to identify it as a member of the calculations, which is indicated in the personal account on interfilial calculations discovered by the division of the credit institution.

2.4. In the absence of a correspondent subaccount in the Bank of Russia and correspondent accounts in other credit institutions, a branch conducts all the calculated operations through the accounts of interfilient settlements, open in the divisions of the credit institution with correspondent accounts (subaccount) in the Bank of Russia. In addition, the branch can open off the accounts of interfilient settlements in other branches of the credit institution, if it is provided for by the rules for the construction and operation of the settlement system of the credit institution.

2.5. In case of insufficiency of funds in the accounts of the Division of the Credit Organization, through which branch payments with only interfilient settlement accounts are carried out, the branching documents are placed in the corresponding file of unpaid settlement documents to the correspondent account (subaccount) of the credit institution (branch) of the open (s) in the settlement division Network Bank of Russia.

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