161 FZ "On the national payment system": the essence, explanations, changes

Transfers of money are carried out in the Russian Federation in accordance with 161-FZ "On the national payment system." The essence of this normative act is to establish the organizational basis of the NPS. The document also regulates the procedure for conducting cash transactions. Changes introduced in 161-FZ "On the national payment system" have affected electronic means used in making transfers. Let us consider in more detail some norms.

General information

The national payment system 161-FZ is defined as the aggregate of operators performing money transfers, agents and organizations of postal communication. The services are rendered in accordance with the contracts. They are concluded with customers and between operators. The transfer of funds is made within the framework of the forms of non-cash transfer used, in accordance with the requirements of the normative acts of the Russian Federation.

Features of participation in NPCs

161 The Federal Law "On the National Payment System" determines that bank subagents provide money transfer services in accordance with contracts. They are issued with operators and agents. At the same time, the requirements of Art. 14 161-FZ "On the national payment system". Postal organizations have the right to render money transfer services in accordance with normative act No. 176 dated July 17, 1999. Payment agents participate in the system according to the rules established by Federal Law No. 103 dated June 3, 2009.

Translation rules

161-FZ "On the national payment system" provides that the operator provides services on the basis of the client's order. They can act as the recipient, and the sender of funds. The order must be executed according to the rules provided for the applicable form of non-cash transfer. The transfer is carried out at the expense of the payer. They can be on his individual account or be provided to them without opening a r / c. The funds received from the client are credited to the account of the addressee or issued to him in cash. Translation can be carried out by recording money in favor of the addressee without opening the account. This situation occurs, in particular, in the transfer of electronic money.

161-FZ "On the national payment system": clarifications

It is not a transfer that the customer deposits cash into his own bank account or receives funds from him from one operator. The term for crediting money for the provision of services, under 161-FZ, must not exceed three working days from the date of writing off them from the bank account or from the date of the client's money provision. In the transfer of funds, except for the operator, intermediaries can participate. If the other is not conditioned by the form of non-cash transfer used or by federal law, irrevocability of transfer occurs when the money is debited from the account or provided by the client. An exception is the movement of electronic means. Unconditional transfer, in accordance with 161-FZ "On the national payment system", comes from the moment of fulfillment of the conditions determined by the client. This rule applies to cases of counter-submission of documents, transfer in another currency, transfer of financial instruments (securities). The finality of the transfer, if the client is serviced by one operator, comes at the moment of depositing funds into the beneficiary's account or providing the possibility of issuing them in cash. This rule does not apply to the movement of electronic money. If the client is serviced by different operators, the finality of the transfer occurs when funds are credited to the account of the recipient's operator. At the same time, the requirements of Art. 25 161-FZ "On the National Payment System".

Operator's obligations

They terminate at the time of the finality of the transfer. The operator, prior to crediting funds to the beneficiary's account or issuing them to him in cash, should provide the clients with an opportunity to familiarize themselves with the information on the conditions for the provision of services. Information should be accessible for understanding. Acquaintance is also carried out with:

1. The size of the commission and the procedure for its collection, if it is provided for in the contract.
2. The method of determining the exchange rate when performing a transfer in foreign currency.
3. Order of dispatch of claims.
4. Other information relevant in the provision of payment services.

Features of transfers on the demand of the recipient

In direct debit, the operator, in accordance with the contract with the payer, makes a write-off of funds from his account with his consent (acceptance) on the order received. The right to claim must be provided by agreement with the recipient. The payer may give consent before the order is received or after that. Acceptance can be provided in the contract with the operator or be documented in a separate document (message). The client has the right to give consent in respect of one or more recipients or claims. The order can be sent directly to the operator or through him. In the absence of prior acceptance, the serving entity must transfer the request for consent no later than the day following the acceptance of the communication. If it was given in advance, and the order of the recipient corresponds to its conditions, it must be fulfilled. The term and the size of performance are established by acceptance. If the requirements of the recipient contradict the conditions of the payer's agreement or there is no possibility to verify them, the operator must return the order without execution. The contract may establish the duty of the servicing entity in such a case to request an acceptance.

161-FZ "On the National Payment System": Article 9

In the normative act under consideration, provisions regulating the use of electronic means are provided. It is carried out in accordance with the contract. The agreement is concluded between the operator and the client or only between the first. The serving entity has the right to refuse to execute the contract.

General order

Before the conclusion of an agreement on the use of electronic means of payment, the operator must inform the client of all conditions. In particular, familiarization is carried out with any restrictions, as well as cases of increased risk of operations. The operator is also required to inform about each transfer of electronic funds. To do this, the client is notified accordingly. The rules for its execution and dispatch are established in the contract. It is also the responsibility of the operator to provide the possibility of sending a notice about the loss of electronic payment means or its use in the absence of the client's consent. All notifications must be recorded, and the relevant information must be kept for three years. The operator is obliged to provide information and documents related to the use by the customer of the electronic means of payment. The rules under which this is implemented are determined by the contract. The operator must also consider the applications, if there are any disputes, including the use of electronic means of payment. The client should be given the opportunity to receive information about the results of the proceedings on his appeals.

Termination / suspension of use of electronic means

161-ФЗ admits the given actions at presence of the notification received from the client. Termination / suspension of use can also be initiated by the operator. In the latter case, this is allowed when the client commits a violation of the rules established in the contract. Termination / suspension of use does not eliminate the obligations of the operator and the client for the transfer of money, if they arose before the adoption of an appropriate decision.

Additionally

With the loss or use of an electronic means of payment without the client's consent, he must send a notice to the operator. The form of notification is determined by the contract. The notification shall be sent immediately after the relevant fact is identified and no later than the day following the day when the information on the commission of the unauthorized operation is received. After receiving the notice, the operator must compensate the customer for the amount written off without his consent.

Nuances

If the operator does not perform the duties related to informing the client about the transactions performed in accordance with Part 4 of Art. 9 of the law in question, he is obliged to refund the amounts for which the user has not been notified of the write-off and who have been transferred without his consent. If the serving entity sent notices in accordance with the requirements of the normative act, and the client did not send him messages under the rules of part 11 of Art. 9, compensation is not provided. If the operator fulfills the duty associated with informing the user-individual about the operation performed under part 4, and the citizen, in turn, has sent a notification in the order of part 11, the first is obliged to refund the amount written off without consent, until the individual sends messages about unauthorized Actions. In this case, compensation is assigned if the servicer does not prove that the client violated the rules of using the electronic means of payment, which entailed corresponding consequences. Of this rule, however, there are exceptions. The provisions of Part 15 of Article 9 of the normative act concerning the obligation of the operator to refund to the individual customer the amount of the transaction carried out without his consent before sending him the relevant notice shall not apply to cases of using the electronic means of payment provided for by Part 4 of Art. 10.