Regulations on non-cash payments in the Russian Federation. Regulations of the Central Bank of the Russian Federation “On non-cash payments in the Russian Federation” Regulations on non-cash payments in the Russian Federation

02.01.2024

Position

General part

Part I. On forms of non-cash payments and the procedure for their application

Chapter 1. Forms of non-cash payments and conditions for their use
Chapter 2. Payment documents, the procedure for filling them out, submitting, recalling and returning them
Chapter 3. Settlements by payment orders
Chapter 4. Settlements under letters of credit
Chapter 5. Procedure for working with letters of credit at the issuing bank
Chapter 6. Procedure for working with letters of credit at the executing bank
Chapter 7. Payments by checks
Chapter 8. Payments for collection
Chapter 9. Calculations with payment requests
Chapter 10. Settlements with payment requests paid with the acceptance of payers
Chapter 11. Settlements with payment requests paid without the payers’ acceptance
Chapter 12. Settlements by collection orders

Part II. The procedure for carrying out settlement transactions through correspondent accounts (sub-accounts) of credit institutions (branches) opened with the Bank of Russia

Chapter 1. Features of settlements through the Bank of Russia
Chapter 2. The procedure for submitting settlement documents on paper by a credit institution (branch)
Chapter 3. Procedure for submission of electronic payment documents by a credit institution (branch)
Chapter 4. The procedure for carrying out settlement transactions on a correspondent account (sub-account) of a credit organization (branch)
Chapter 5. The procedure for recalling settlement documents from the file cabinet of unpaid settlement documents in a division of the settlement network of the Bank of Russia
Chapter 6. The procedure for opening and closing correspondent accounts (sub-accounts) of credit institutions (branches) with the Bank of Russia
Chapter 7. The procedure for returning settlement documents from the file cabinet of unpaid settlement documents when closing a correspondent account (sub-account) of a credit organization (branch)

Part III. The procedure for carrying out settlement transactions on correspondent accounts of credit institutions (branches) opened with other credit institutions (branches) and on interbranch settlement accounts between divisions of one credit institution

Chapter 1. The procedure for making payments through correspondent accounts opened with other credit institutions

Chapter 2. The procedure for carrying out settlement transactions on interbranch settlement accounts between divisions of one credit institution

Appendix 1. Payment order
Appendix 2. Payment order
Appendix 3. Payment order
Appendix 4. Description of payment order fields
Appendix 5. Letter of Credit
Appendix 6. Letter of Credit
Appendix 7. Letter of Credit
Appendix 8. Description of the fields of the letter of credit
Appendix 9. Payment request
Appendix 10. Payment request
Appendix 11. Payment request
Appendix 12. Description of payment request fields
Appendix 13. Collection order
Appendix 14. Collection order
Appendix 15. Collection order
Appendix 16. Description of the fields of the collection order
Appendix 17. Payment order
Appendix 18. Payment order
Appendix 19. Payment order
Appendix 20. Description of payment order fields
Appendix 21. Register of accounts
Appendix 22. Register of settlement documents submitted for collection
Appendix 23. Notice of filing in the file cabinet
Appendix 24. Statement of acceptance, refusal of acceptance
Appendix 25. Procedure for filling out a consolidated payment order
Appendix 26. Inventory of settlement documents
Appendix 27. Personal account
Appendix 28. Features of settlement transactions and their accounting in the presence of funds in the correspondent account (sub-account) of a credit institution (branch)
Appendix 29. Notice of placing unpaid settlement documents in the file cabinet
Appendix 30. Notice of return of payment documents
Appendix 31. Certificate of paid, placed in the file cabinet, returned payment documents on paper
Appendix 32. Application for opening a correspondent account (sub-account)
The procedure for recording transactions when making settlements through correspondent accounts
The procedure for recording transactions in interbranch settlement accounts

CENTRAL BANK OF THE RUSSIAN FEDERATION

POSITION

About non-cash payments in the Russian Federation

(as amended June 29, 2012)

In fact, it has become invalid due to the cancellation of clauses
constituting the normative content of this document
____________________________________________________________________

____________________________________________________________________
Document with changes made:
Directive of the Bank of Russia dated March 3, 2003 N 1256-U (Bulletin of the Bank of Russia, N 17, 04/02/2003) (came into force on June 1, 2003);
Instruction of the Bank of Russia dated June 11, 2004 N 1442-U (Bulletin of the Bank of Russia, N 39, 07/07/2004);
Directive of the Bank of Russia dated May 2, 2007 N 1823-U (Bulletin of the Bank of Russia, N 33, 06.06.2007) (came into force on July 1, 2007);
instructions of the Bank of Russia dated January 22, 2008 N 1964-U (Bulletin of the Bank of Russia, N 9, 02/20/2008);
Directive of the Bank of Russia dated May 13, 2011 N 2634-U (Bulletin of the Bank of Russia, N 33, 06/22/2011);
Directive of the Bank of Russia dated December 12, 2011 N 2749-U (Bulletin of the Bank of Russia, N 72, December 21, 2011) (came into force on December 29, 2011);
Regulation of the Bank of Russia dated June 19, 2012 N 383-P (Bulletin of the Bank of Russia, N 34, 06/28/2012);
Regulation of the Bank of Russia dated June 29, 2012 N 384-P (Bulletin of the Bank of Russia, N 36, 07/11/2012).
____________________________________________________________________

____________________________________________________________________
On the execution of settlement documents and payment orders accepted by banks before the entry into force of Bank of Russia Directive No. 1256-U dated March 3, 2003, see paragraph 2 of Bank of Russia Directive No. 1256-U dated March 3, 2003.
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General part

Part I. On forms of non-cash payments and the procedure for their application

Part I
About forms of non-cash payments and procedures
their applications

(Repealed from July 9, 2012 - Regulation of the Bank of Russia dated June 19, 2012 N 383-P.

Part II. The procedure for carrying out settlement transactions through correspondent accounts (sub-accounts) of credit institutions (branches) opened with the Bank of Russia

Part II
The procedure for carrying out settlement transactions
through correspondent accounts (sub-accounts) of credit
organizations (branches) opened in the Bank of Russia

(Repealed as of July 22, 2012 - .

Part III. The procedure for carrying out settlement transactions on correspondent accounts of credit institutions (branches) opened with other credit institutions (branches) and on interbranch settlement accounts between divisions of one credit institution

Part III
The procedure for carrying out settlement transactions on correspondent accounts
accounts of credit institutions (branches) opened in other credit
organizations (branches), and on interbranch settlement accounts
between divisions of one credit institution

(Repealed from July 9, 2012 - Regulation of the Bank of Russia dated June 19, 2012 N 383-P.

Chairman
Bank of Russia
S.M. Ignatiev

Registered
at the Ministry of Justice
Russian Federation
December 23, 2002,
registration N 4068

Appendix 1

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

from June 1, 2003 by order of the Bank of Russia
dated March 3, 2003 N 1256-U, -
see previous edition)

____________________________________________________________________
Appendix 1 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 2

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P
(as amended as put into effect
from June 1, 2003 by order of the Bank of Russia
dated March 3, 2003 N 1256-U, -
see previous edition)

____________________________________________________________________
Appendix 2 has become invalid since July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 3

____________________________________________________________________
Annex 3 became invalid as of July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 4

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 4 became invalid as of July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 5

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 5 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 6

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 6 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 7

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 7 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 8

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 8 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 9

____________________________________________________________________
Appendix 9 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 10

____________________________________________________________________
Annex 10 became invalid as of July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 11

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

(as amended as put into effect
from June 1, 2003 by order of the Bank of Russia
dated March 3, 2003 N 1256-U, -
see previous edition)

____________________________________________________________________
Annex 11 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 12

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Appendix 12 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 13

____________________________________________________________________
Appendix 13 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 14

____________________________________________________________________
Annex 14 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 15

____________________________________________________________________
Annex 15 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 16

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 16 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 17

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

(as amended as put into effect
from June 1, 2003 by order of the Bank of Russia
dated March 3, 2003 N 1256-U, -
see previous edition)

____________________________________________________________________
Annex 17 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 18

____________________________________________________________________
Annex 18 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 19

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

(as amended as put into effect
from June 1, 2003 by order of the Bank of Russia
dated March 3, 2003 N 1256-U, -
see previous edition)

____________________________________________________________________
Annex 19 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 20

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 20 became invalid on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 21

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P
(as amended as put into effect
from July 18, 2004 by order of the Bank of Russia
dated June 11, 2004 N 1442-U, -
see previous edition)

____________________________________________________________________
Annex 21 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 22

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 22 became invalid on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Appendix 23

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Appendix 23 ceased to be in force on July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
Cm.

Appendix 25

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

Procedure for filling out a consolidated payment order

(as amended March 3, 2003)
____________________________________________________________________
Invalid as of July 22, 2012 -
Regulation of the Bank of Russia dated June 29, 2012 N 384-P. -
See previous edition
____________________________________________________________________

Appendix 26

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 26 became invalid as of July 22, 2012 -
Regulation of the Bank of Russia dated June 29, 2012 N 384-P. -
See previous edition
____________________________________________________________________

Appendix 27

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 27 became invalid as of July 22, 2012 -
Regulation of the Bank of Russia dated June 29, 2012 N 384-P. -
See previous edition
____________________________________________________________________

Appendix 28

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

Features of settlement transactions
and their accounting in the presence of funds on the correspondent
account (sub-account) of a credit institution (branch)

Appendix 30

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 30 became invalid as of July 22, 2012 -
Regulation of the Bank of Russia dated June 29, 2012 N 384-P. -
See previous edition
____________________________________________________________________

Appendix 31

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 31 ceased to be in force on July 22, 2012 -
Regulation of the Bank of Russia dated June 29, 2012 N 384-P. -
See previous edition
____________________________________________________________________

Appendix 32

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Annex 32 became invalid as of July 22, 2012 -
Regulation of the Bank of Russia dated June 29, 2012 N 384-P. -
See previous edition
____________________________________________________________________

Appendix 33

to the Bank of Russia Regulations
"About non-cash payments
in the Russian Federation"
dated 03.10.2002 N 2-P

____________________________________________________________________
Invalid as of July 9, 2012 -
Regulation of the Bank of Russia dated June 19, 2012 N 383-P. -
See previous edition
____________________________________________________________________

Revision of the document taking into account
changes and additions prepared
CJSC "Kodeks"

Regulations on non-cash payments in the Russian Federation

1.1. The Regulations on Non-Cash Payments regulate general approaches to organizing payments and uniform document flow in banks.

Given the variety of forms of ownership and activity of enterprises in the conditions of development of commodity-money relations, the Regulation on settlements is based on the principle of freedom of choice by enterprises of forms of payment and their stipulation in contracts, non-interference of the bank in the contractual relations of enterprises.

This Regulation applies to all state, cooperative, joint stock, joint, public enterprises, associations, organizations and institutions, commercial banks, financial settlement and financial credit centers and individuals (hereinafter referred to as “enterprises”).

1.2. Settlement operations are carried out by banks from the bank accounts of enterprises.

The bank stores funds of enterprises in their accounts, credits amounts received to these accounts, carries out orders of enterprises to transfer them and withdraw them from accounts and to carry out other banking operations provided for by banking rules and agreements.

Funds from enterprise accounts are debited by order of the account owner.

All payments from enterprise accounts are made in order of priority, determined by the head of the enterprise, unless otherwise provided by law.

1.3. It is allowed to use for non-cash payments:

Payment orders;

Letters of credit;

Payment requests-orders. The forms of settlements between the payer and the recipient of funds are determined by the contract (agreement, separate agreements).

1.4. By agreement between enterprises, mutual debt can be offset, bypassing banks. In this case, an order and a check for the uncredited amount are submitted to the bank.

1.5. Mutual claims regarding settlements between the payer and the recipient of funds are considered by the parties in the prescribed manner without the participation of banking institutions.

Claims against the bank (cash settlement center) related to the performance of banking operations are sent by the enterprise (bank) to the bank (cash settlement center) that committed the violations.

Commercial banks forward claims to the cash settlement center that serves them.

Filing a complaint and filing a claim does not suspend account operations.

1.6. For untimely (later than the next day after receipt of the relevant document) or incorrect debiting of funds from the owner’s account, as well as for untimely or incorrect crediting by the bank of amounts due to the owner, the owner has the right to demand from the bank (cash settlement center) to pay in his favor a fine in the amount 0.5 percent of the untimely credited (written off) amount for each day of delay, unless otherwise agreed in the agreement between the bank and the account owner.

1.7. In accordance with current legislation, settlements between enterprises are carried out by commercial banks and other credit institutions (hereinafter referred to as “banks”).

Settlements between banks in Russia are carried out through cash settlement centers created by the Central Bank of Russia in republics, territories, regions, cities, and districts.

Banking transactions for settlements can also be carried out through correspondent accounts of banks opened with each other on the basis of interbank agreements.

1.8. Document flow in banks and cash settlement centers is organized in accordance with the Regulations “On the organization of interbank settlements on the territory of the Russian Federation” (Appendix 1) and “On the organization of settlements between banks of different republics” (Appendix 2).

2. The procedure for preparing settlement documents.

2.1. Settlement documents must meet the requirements of established standards and contain:

a) name of the settlement document;

b) number of the payment document, day, month, year of its issue. The date is indicated in numbers, the month in words, and the year in numbers. On settlement documents filled out on computers, it is allowed to indicate the month in numbers;

c) the number of the payer’s bank; its corporate designation may also be indicated in the text of the document;

d) name of the payer, his bank account number;

e) name of the recipient of funds, his bank account number. The name of the recipient's bank (not indicated on the check), the number of the bank receiving the funds.

A rational abbreviation of the name of the payer and recipient of funds is allowed, which does not complicate the work of banks and clients;

f) purpose of payment (not indicated on the check). Along with the text name, you can enter a code designation;

g) the amount of payment, indicated in numbers and in words;

h) on the first copy of the enterprise’s signature, regardless of the method of production of the settlement document, a seal impression is also presented on the first copy of the order.

2.2. Payment documents are accepted by the bank for execution if there are signatures made by officials who have the right to sign for settlement and monetary transactions on bank accounts.

Payment documents for transactions carried out by branches, representative offices, departments on behalf of a legal entity are signed by persons authorized by this legal entity.

Payment documents for transactions carried out by an entrepreneur without forming a legal entity are accepted for execution if there is one signature on them, indicated on the card, with a sample signature, without a seal.

2.3. Payment documents are accepted for execution regardless of their amount.

The bank accepts documents from enterprises throughout the day, depending on the bank’s working hours with clients. At the same time, documents accepted by the bank from enterprises during operating hours are posted to the balance sheet on the same day.

2.4. Payment orders, payment requests-orders are issued, as a rule, using technical means in one go under a carbon copy or by reproducing the originals in the number of copies required for the bank and all parties involved in the settlements.

Checks are written by hand using ink or ballpoint pens. Blots and erasures in settlement documents are not allowed.

2.5. Funds are debited from the payer's account only on the basis of the first copy of the payment document (document transmitted by fax), unless otherwise specified by the instructions of the Central Bank of Russia.

Settlements by payment orders

3.1. A payment order, hereinafter referred to as an “order,” is an order from an enterprise to the servicing bank to transfer a certain amount from its account.

3.2. The payer submits an order to the bank on the prescribed form.

3.3. Orders are valid for ten days from the date of issue (the day of issue is not taken into account).

3.4. Orders are accepted from the payer for execution only if there are funds in the account, unless otherwise agreed between the bank and the account owner.

3.5. With uniform and constant supplies between suppliers and buyers, settlements between them can be carried out in the order of scheduled payments on the basis of contracts (agreements) using payment orders in settlements.

3.6. By agreement of the parties, payments by instructions can be urgent, early or deferred.

Urgent payment is made in the following options:

a) advance payment, i.e. before shipment of goods;

b) after shipment of the goods, i.e. direct acceptance of goods;

c) partial payments for large transactions.

Early and deferred payments can take place within the framework of contractual relations without prejudice to the financial position of the parties.

3.7. Enterprises can transfer funds through telecom companies without limiting the amount:

In the name of individual citizens, funds due to them personally (pensions, alimony, wages, travel expenses, royalties);

Enterprises for expenses for paying wages, for the organized recruitment of workers, for the procurement of agricultural products, in places where there are no banks;

Cash amounts of trading proceeds, taxes and other funds for crediting to bank accounts.

When making transfers from their accounts through telecommunications companies, in the transfer forms the transferor indicates the name of the transferor, his account number, as well as the name and number of the bank in which this account is maintained, if the funds are to be credited to it.

3.8. In the order, the communications company transferring funds indicates the company that will pay for the transfers. The order is accompanied by a transfer of the recipients of funds, which is drawn up in one copy and sent to the post office. The remaining copies of the instructions are accompanied by a list of transfer recipients, which indicates who receives the money and for what purpose.

3.9. Communication enterprises pay for received transfers addressed to enterprises with orders drawn up in four copies for the total amount of all transfers for each recipient.

On the reverse side of all copies of orders related to the transfer of proceeds to the accounts of trade organizations, communication enterprises are required to indicate the name of the trade enterprises that deposited cash and the amount of proceeds for each of them.

4. Payments by checks stamped “Russia”

4.1. When paying by check, the account owner (the drawer) gives a written order to the payer (the bank that issued the settlement checks) to pay a certain amount of money indicated on the check to the recipient of the funds (the check holder).

4.2. Checks are used by both individuals and legal entities, are a means of payment and can be used for settlements in all cases provided for by the laws of the Russian Federation. Settlements by checks between individuals are not allowed.

It is allowed to accept checks for deposits of citizens into their personal bank accounts on the terms determined by the issuing bank or correspondent bank.

The check is valid only on the territory of the Russian Federation.

4.3. Check forms are made according to a single template. A check is a security. Check forms are strict reporting forms. For settlements through Bank of Russia institutions, only checks with the designation “Russia” on the front side and two parallel lines on the front side of the check indicating the general crossing are used.

4.4. The cover of a check at the drawer's bank may be:

Funds deposited by the drawer in a separate account;

Funds in the relevant account of the drawer, but not more than the amount guaranteed by the bank in agreement with the drawer when issuing the check. In this case, the bank can guarantee to the drawer, in the event of a temporary lack of funds in his account, payment of checks at the expense of the bank. The amount of the bank guarantee, within the limits of which checks can be paid, is recorded in the guarantor bank in off-balance sheet account N 9925 “Guarantees, sureties issued by the bank.”

4.5. To receive checks, the enterprise submits an application to the bank (f.040107) in one copy (in two copies - to receive checks, the payment of which is guaranteed by the bank) signed by persons who are authorized to sign documents for performing transactions on the enterprise account, and with its imprint print.

In the application and the coupon accompanying it, enterprises indicate the account number from which checks will be paid.

4.6. In order to ensure payments on checks with the deposit of funds in a separate account, along with an application for the issuance of checks, a payment order is submitted for depositing funds in a separate personal account of the drawer. This account is credited with the amount of funds deposited from the relevant account.

4.7. The check must be presented for payment to the bank within 10 days, not counting the day of its issue.

4.8. Banks of the Russian Federation, before issuing checks to their clients (legal entities and individuals), are required to fill out checks by marking them with:

a) the name of the head bank and its location (next to the name of the head bank its corporate designation may be placed) in the upper left part of the check, and if the check is issued by a bank branch - also the name of the branch and its location in the upper right part of the check;

b) the conventional number of the bank according to the MFO, and when switching to an 8-digit coding system - its eight-digit number. The bank number is placed at the bottom of the check, in the corresponding section of the target field. If the branch does not have a correspondent sub-account opened at the cash settlement center or it is opened at a commercial bank establishment, the check is marked with the number assigned to the head bank or, in agreement with the commercial bank, its number. In the latter case, next to the name of the bank branch the name and location of the corresponding commercial bank must be indicated;

c) the personal account number of the check drawer. This number must be entered in the appropriate part of the target field at the bottom of the check, and can also be included in the text of the check;

d) the name of the drawer - a legal entity (or last name, first name, patronymic of an individual), his account number. This data is entered in a special area in the lower left part of the check;

e) the maximum amount for which a check can be issued is on the reverse side of the check. The check limit amount is indicated in numbers and in words, certified by the seal and signatures of bank officials.

4.9. Along with the checks, the bank is obliged to issue the client an identification card (check card).

A check card is issued in one copy when issuing checks to a client, regardless of their quantity, and identifies the drawer for each check issued by him.

When issuing checks subsequently, if the check limit amount does not exceed that previously indicated on the check card, a new check card may not be issued.

The card must contain:

On the front side:

a) name of the bank and its location;

b) name “check card N...”;

c) the name of an individual or legal entity;

d) signature of the drawer;

e) passport details of the check drawer (only for individuals);

f) account number of the drawer; - on the reverse side: “We guarantee payment of a check traced to us subject to the following conditions:

a) a check can be issued for an amount not exceeding that indicated on its reverse side and on the check card;

b) the drawer’s signature must correspond to the sample signature affixed to the check card;

c) the drawer's account number indicated on the check must correspond to the number indicated on the check card;

d) identification of the drawer is carried out by comparing his passport data with the data indicated on the check card;

e) the check must be paid in the full amount for which it was issued, without any commission.

Stamp and signature of the bank's responsible employee.

4.10. Banks accept checks from check holders taking into account clause 4.17. In the case when the check holder deposits checks with the bank directly (bypassing collection companies), the compilation of registers is carried out by the check holder or the bank by agreement between them.

4.11. Banks submit checks to the cash settlement center to receive payment in the case when the payers are other banks with which correspondent relations are not established. Branches of the same bank settle paid checks directly with each other, bypassing cash settlement centers.

4.12. Banks submit checks received from enterprises to the cash settlement center with registers of the established form in 4 copies, of which the first and second copies, together with the debit memo, are sent to the cash settlement center servicing the payer's bank; the third - remains with the check at the cash settlement center serving the supplier's bank; the fourth copy is issued as a receipt for receipt of checks to the supplier's bank.

The register must contain the following information about the check:

a) the name of the payer’s bank and its number, and, if necessary, the name and number of the bank where the payer bank’s correspondent sub-account is opened (clause 4.8. “b”);

b) the drawer's account number;

c) the amount of the check;

d) check number.

4.13. Banks write off funds from the drawer's account based on the register of checks received from the cash settlement center. The checks themselves remain in storage at the cash settlement center. Copies of these may be requested as necessary.

4.14. The bank is obliged, against receipt, to inform the person receiving the checks about the procedure for filling them out, and also to warn the drawer of the responsibility for lost or stolen checks.

4.15. An enterprise accepting checks for payment must ensure that:

a) the amount of the check does not exceed the maximum amount indicated on its reverse side and on the check card;

b) the drawer's account number indicated on the check corresponds to that indicated on the check card;

c) the passport data of the check drawer corresponds to the data indicated on the check card.

Make sure that the drawer's signature affixed to the check at the time of filling it out is identical to the signature affixed to the check card.

4.16. On the back of a check accepted as payment for goods or services, the company is required to affix its stamp and the signature of the responsible (official) person.

4.17. Enterprises are required to submit checks accepted for payment to the servicing bank in the prescribed manner. In this case, in column No. 5 of the transmittal sheet (Appendix No. 12 - to the instruction of the State Bank of the USSR of December 10, 1987 No. 23 “On issuance and cash work in the institutions of banks of the USSR”) only the account numbers of the drawers are entered, and in column No. 7 - the name of the bank payer and his number.

4.18. Checks accepted by the enterprise cannot be endorsed by them.

4.19. Losses resulting from payment by the payer (bank) of a lost or stolen check are borne by the drawer, unless it is proven that the check was paid due to the intent or negligence of the payer.

4.20. Losses resulting from payment by the payer of a check that does not meet the requirements of clause 4.15 are borne by the enterprise that accepted the check as a means of payment.

4.21. Bank of Russia institutions that accept checks from commercial banks check the correctness of their completion, as well as compliance with clause 4.10, and pay the checks with subsequent debiting of expenses to the Bank of Russia institution servicing the paying bank.

4.22. Funds are written off from the accounts of the paying bank immediately by the servicing institution of the Bank of Russia on the basis of the check registers received with the debit memo.

4.23. Bank of Russia institutions are responsible for losses caused by payment or incorrectly completed checks.

4.24. What is specified in paragraphs 4.11, 4.22 is valid only if there is a written consent of the bank to immediately debit funds from its account, given by it when issuing checks.

4.25. The transfer of checks by their owners to suppliers (check holders) through endorsement is prohibited.

4.26. In cases where, after full use of all checks, the amount of deposited funds turns out to be unused, the enterprise, upon its application, may be issued checks for the amount of unused funds. If the enterprise refuses to receive new checks, the enterprise submits an order to the bank to transfer the unused amount of deposited funds to the account from which these funds were deposited.

4.27. In case of loss of checks, the company submits to the bank that issued the checks a statement indicating the numbers of the checks used.

4.28. Banks may issue other checks for settlements on terms and conditions different from these Regulations, subject to compliance with the current check legislation.

5. Payments using letters of credit

5.1. A letter of credit is a conditional monetary obligation of a bank, issued by it on behalf of a client in favor of its counterparty under an agreement under which the bank that opened the letter of credit (issuing bank) can make a payment to the supplier or authorize another bank to make such payments, subject to the provision of documents to them, provided for in the letter of credit, and subject to fulfillment of other conditions of the letter of credit.

5.2. If the bank that issued the letter of credit (issuing bank), on behalf of the payer (buyer), transfers funds to another bank - the supplier's bank, then to make the payment, subject to all the conditions stipulated in the letter of credit, a separate balance sheet account "Letters of Credit" is opened in the supplier's bank.

To record the letters of credit received by the bank institution, an off-balance sheet account “Letters of Credit for Payment” is opened in the payer’s bank.

In this case, the execution of the letter of credit, that is, payments under it, is made directly by the bank servicing the supplier.

5.3. The following types of letters of credit can be opened:

Covered (escrowed) or uncovered (guaranteed);

Revocable or irrevocable.

5.4. Letters of credit are considered covered (deposited), when opened, the issuing bank transfers the payer’s own funds or the loan provided to him at the disposal of the supplier’s bank (executing bank) to a separate balance sheet account “Letters of Credit” for the entire duration of the issuing bank’s obligations.

When establishing correspondent relations between banks, an uncovered (guaranteed) letter of credit can be opened with the executing bank by granting it the right to write off the entire amount of the letter of credit from the account of the issuing bank maintained by it.

The enterprise's requests to issue an uncovered (guaranteed) letter of credit are accounted for by the issuing bank in a separate off-balance sheet account.

5.5. Each letter of credit must clearly indicate whether it is revocable or irrevocable. In the absence of such an indication, the letter of credit is revocable. A revocable letter of credit can be changed or canceled by the issuing bank without prior agreement with the supplier (for example, in case of non-compliance with the conditions stipulated by the contract, early refusal of the issuing bank to guarantee payments under the letter of credit). The payer can give all orders to change the terms of a revocable letter of credit to the supplier only through the issuing bank, which notifies the supplier's bank (executing bank), and the latter notifies the supplier. However, the executing bank is obliged to pay for documents corresponding to the terms of the letter of credit, issued by the supplier and accepted by the supplier's bank before the latter receives notification of the change or cancellation of the letter of credit.

An irrevocable letter of credit cannot be amended or canceled without the consent of the supplier in whose favor it is opened.

The supplier may refuse to use the letter of credit early if this is provided for by the terms of the letter of credit.

5.6. A letter of credit can be intended for settlements with only one supplier.

5.7. The validity period and payment procedure for a letter of credit are established in the agreement between the payer and the supplier, which should indicate:

Name of the issuing bank;

Type of letter of credit and method of its execution;

Method of notifying the supplier about the opening of a letter of credit;

A complete list and precise description of the documents submitted by the supplier to receive funds under the letter of credit;

Deadlines for submitting documents after shipment of goods, requirements for their execution. Other necessary documents and conditions.

The opening of guaranteed letters of credit by the issuing bank is carried out by agreement with the buyer and in accordance with the terms of correspondent relations with another bank. The execution of such letters of credit by the supplier's bank is carried out in accordance with the established procedure.

5.8. To open a letter of credit, the payer submits to the servicing bank (issuing bank) an application on the form (form 0401005), in which the payer must indicate:

Number of the agreement under which the letter of credit is opened;

Validity period of the letter of credit (day and month of closure of the letter of credit);

Supplier name;

Name of the bank executing the letter of credit;

Place of execution of the letter of credit;

The full and exact name of the documents against which payments are made under the letter of credit, the deadline for their submission and the procedure for execution (a complete detailed list can be indicated in the appendix to the application);

Type of letter of credit indicating the necessary data;

For the shipment of what goods (provision of services) a letter of credit is opened, the period of shipment (provision of services);

Letter of credit amount;

Method of implementing a letter of credit.

5.9. The application for opening a letter of credit is submitted in the number of copies required by the payer's bank to fulfill the terms of the letter of credit.

5.10. To receive funds under a letter of credit, the supplier, having shipped the goods, submits a register of accounts, shipping and other documents provided for by the terms of the letter of credit to the servicing bank. Documents confirming payments under the letter of credit must be presented by the supplier to the bank before the expiration of the letter of credit and confirm the fulfillment of all conditions of the letter of credit. If at least one of these conditions is violated, payments under the letter of credit will not be made.

5.11. When paying under a letter of credit, the supplier's bank (executing bank) is obliged to check the supplier's compliance with all the terms of the letter of credit, as well as the correctness of the register of accounts, the compliance of the supplier's signatures and seals on it with the declared samples.

If the terms of the letter of credit provide for the acceptance of an authorized buyer, then the presence of an acceptance note and the compliance of the authorized person’s signature with the sample submitted by him are checked.

Registers of invoices are not accepted for payment without indicating the date of shipment, numbers of shipping documents, numbers of postal receipts when sending goods through communications companies, numbers or dates of acceptance documents and the type of transport by which the goods were sent when the goods were accepted by the buyer's representative on the spot at the supplier.

The register of accounts is presented by the supplier to the bank in three copies, of which the first copy is used as a memorial order, the third is issued to the supplier as a receipt for acceptance of the registers of accounts, and the second, with the attachment of shipping documents and the bank's mark, is sent to the issuing bank for delivery to the payer and simultaneous reflection in the “Letters of credit for payment” account.

Payment from a letter of credit in cash is not allowed. Banks are not responsible for the consequences of delay or loss of any documents in transit.

5.12. If the terms of the letter of credit provide for acceptance by an authorized buyer, then these persons are required to present to the executing bank:

Passport or other equivalent document;

A sample of your signature, if the bank does not have one (filled out at the bank on the sample signature card);

A travel certificate or power of attorney issued by the organization that opened the letter of credit.

On registers of accounts or on shipping documents accepted for payment against a letter of credit, the authorized person makes the following inscription:

"Accepted against the letter of credit dated (date) N by the Authorized (name of the buyer's organization) Signature " " 19."

5.13. The letter of credit is closed at the supplier's bank:

a) upon expiration of the letter of credit. The executing bank notifies the issuing bank of the closure of the letter of credit;

b) upon the supplier’s application to refuse further use of the letter of credit before the expiration of the period based on the supplier’s application to refuse further use of the letter of credit. A notification is sent to the issuing bank by the executing bank. The unused amount is transferred to the payer's bank at its direction to the account from which the funds were deposited;

c) at the buyer’s request to revoke the letter of credit in whole or in part, the letter of credit is closed or reduced on the day the message is received from the issuing bank, but not more than the amount of the balance on the “Letters of Credit” account. A notification is sent to the issuing bank about the closure of the letter of credit.

5.14. All claims against the supplier, except those arising through the fault of the bank, are considered by the parties without the participation of the bank.

6. Calculations by payment requests-orders

6.1. A payment request-order is a request from the supplier to the buyer to pay, on the basis of settlement and shipping documents sent to the payer's servicing bank, the cost of products supplied under the contract, work performed, services rendered.

6.2. Payment requests-orders are issued by the supplier on a form (f.0401040) and, together with the documents, are sent in triplicate to the buyer’s bank, which transfers the request-order to the payer, and leaves the shipping documents in the file cabinet for the payer’s account (card file No. 1).

6.3. The payer is obliged to submit a payment request-order to the bank within three days from the date of its receipt by the payer's bank.

If it is necessary to provide telegraphic advice for payment by the supplier, all copies of the request-instruction shall bear the inscription “Payment to be transferred by telegraph” at the top of the margin.

A payment request-order is accepted if there are funds in the payer’s account.

6.4. The payer notifies the bank servicing him of the refusal to fully or partially pay the payment request-order within these three days.

Requests-instructions, together with the attached shipping documents and a notice of refusal to pay, are returned directly to the supplier.

6.5. If he agrees to pay in whole or in part the payment request-order, the payer draws it up with the signatures of persons authorized to manage the account and a seal on all copies, and submits them to the servicing bank, of which:

the first one serves as the basis for debiting funds from the payer’s account and, after the transaction is completed, is placed in the bank’s daily documents;

the second is sent to the bank servicing the supplier;

the third - together with shipping documents is returned to the payer as a receipt for acceptance and payment for goods, work performed, services rendered.

In the column “Amount to be paid” the amount to be debited from the payer’s account must be entered in numbers and in words.

Chapter 1. General provisions
Chapter 2. Procedures for acceptance for execution, recall, return (cancellation) of orders and the procedure for their execution
Chapter 3. Features of the procedures for accepting for execution orders of payment system participants
Chapter 4. Procedures for executing orders and the order of their execution
Chapter 5. Settlements by payment orders
Chapter 6. Settlements under the letter of credit
Chapter 7. Settlements by collection orders
Chapter 8. Payments by checks
Chapter 9. Payments in the form of funds transfer at the request of the recipient of funds (direct debit)
Chapter 10. Final provisions

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

With changes and additions from:

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

This Regulation was developed on the basis of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System" (Collection of Legislation of the Russian Federation, 2011, N 27, Art. 3872), Federal Law of July 10, 2002 N 86-FZ " On the Central Bank of the Russian Federation (Bank of Russia)" (Collected 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, art. 3101; 2006, art. 10; Art. 1151; Art. 2008, Art. 4699; Art. 4982; 1, art. 29, art. 5731, art. 5756; 5973; No. 48, Art. 6728), Federal Law “On Banks and Banking Activities” (as amended by Federal Law No. 17-FZ of February 3, 1996) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, No. 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, No. 6, Art. 492; 1998, N 31, art. 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, art. 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 the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated June 15, 2012 N 11) establishes the rules for the transfer of funds by the Bank of Russia, credit institutions (hereinafter referred to collectively as banks) on the territory of the Russian Federation to currency of the Russian Federation.

Registration N 24667

The regulation establishes new rules for the transfer of funds by the Central Bank and credit institutions in Russia in rubles. This is due to the adoption of the National Payment System Law. The Central Bank's regulations on non-cash payments in Russia are no longer in force (except for Part II and a number of annexes).

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

Banks transfer funds across bank accounts without opening them on the basis of transfer orders.

The following forms of non-cash payments are provided: payment orders; by letter of credit; collection orders; checks; transfer of funds at the request of the recipient - direct debit (previously there were payment requests); transfer of electronic money (previously this was not provided).

When transferring funds, cash transactions are also identified as intermediate stages (for example, issuance to individual recipients and receipt from individual payers).

The previous regulation on non-cash payments, among other things, regulated payments through correspondent accounts (sub-accounts) of credit institutions (branches) opened with the Central Bank. Through correspondent accounts in other credit institutions and inter-branch settlement accounts. The recommended procedure for reflecting the main transactions in the accounting of credit institutions when making settlements through the LORO, NOSTRO accounts and through inter-branch settlement accounts was given. There are no such sections in the new regulation.

It is stipulated that banks approve internal documents containing the procedure for drawing up transfer orders, their acceptance for execution, recall, return (cancellation), and execution.

The regulation comes into force 10 days after its official publication, with some exceptions. Chapter 3, which is devoted to the specifics of the procedures for accepting for execution orders of payment system participants, comes into force on January 1, 2013. The requirements determining the maximum number of characters in the details of payment, collection orders, payment requests, orders drawn up in electronic form - with April 1, 2013

Regulation of the Bank of Russia dated June 19, 2012 N 383-P “On the rules for transferring funds”

Registration N 24667

This Regulation comes into force 10 days after the day of its official publication, with the exception of

In the Russian Federation, non-cash payments from the point of view of their legal registration are carried out in accordance with the Regulations on non-cash payments in the Russian Federation No. 2-P dated October 3, 2002, as amended and supplemented. In accordance with the Regulations, non-cash 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 (sub-account).
Settlement transactions for transferring funds through credit institutions (branches) can be carried out using:
correspondent accounts (sub-accounts) opened with the Bank of Russia;
correspondent accounts opened with other credit institutions;
accounts of settlement participants opened with non-bank credit institutions carrying out settlement operations;
interbranch settlement accounts opened within one credit institution.
Debiting funds from an account is carried out by order of its owner or without the order of the account owner in cases provided for by law and / or agreement between the bank and the client on the basis of settlement documents drawn up in accordance with the requirements specified in the above Regulations, within the limits of funds available on the account funds, unless otherwise provided in agreements concluded between the Bank of Russia or credit institutions and their clients.
If there are insufficient funds in the account to satisfy all demands placed on it, funds are written off as they are received in the order established by law.
The Regulations name the following forms of non-cash payments:
a) settlements by payment orders;
b) settlements under a letter of credit;
c) payments by checks;
d) settlements for collection.
Forms of non-cash payments are chosen by bank clients independently and are provided for in agreements concluded by them with their counterparties. Within the framework of non-cash settlement forms, payers and recipients of funds (collectors), as well as the banks and correspondent banks servicing them, are considered as participants in settlements.
Banks carry out settlements on the basis of formalized settlement documents. A settlement document is a document drawn up on paper or, in certain cases, an electronic payment document:
order of the payer (client or bank) to write off
funds from your account and transferring them to the recipient’s account;
order of the recipient of funds (collector) to write off
funds from the payer's account and transfer to the account,
specified by the recipient of funds (collector).
The following settlement documents are used:
a) payment orders;
b) letters of credit;
c) checks;
d) payment requirements;
e) collection orders.
Payment documents must contain the following details (taking into account the specifics of the forms and the procedure for making non-cash
calculations):
a) name of the settlement document and code of the OKUD form;
b) the number of the payment document, the day, month and year of its issue;
c) type of payment;
d) the name of the payer, his account number, taxpayer identification number (TIN) or foreign organization code (CIO);
e) name and location of the payer's bank, its bank identification code (BIC), correspondent account or sub-account number;
f) name of the recipient of funds, his account number, taxpayer identification number (TIN);
g) name and location of the recipient's bank, its bank identification code (BIC), correspondent account or sub-account number;
h) purpose of payment;
i) the amount of payment indicated in words and figures;
j) order of payment;
k) type of transaction in accordance with the rules of accounting in the Bank of Russia and credit institutions located on the territory of the Russian Federation;
l) signatures (signature) of authorized persons (persons) and seal impression (in established cases).
Corrections, blots and erasures, as well as the use of correction fluid in settlement documents are not allowed. Payment documents are valid for presentation to the servicing bank for ten calendar days, not counting the day of their issue.
The bank debits funds from the account based on the first copy of the payment document. Payers have the right to revoke their payment orders, recipients of funds (collectors) - settlement documents accepted by the bank in the order of settlements for collection (payment requests, collection orders), not paid due to insufficient funds in the client's account and placed in the file cabinet under off-balance sheet account N 90902 "Settlement documents not paid on time."
Unexecuted settlement documents may be withdrawn from the card index in full, and partially executed ones - in the amount of the balance.
Partial withdrawal of amounts from settlement documents is not permitted.
Revocation of settlement documents is carried out on the basis of a client’s application submitted to the bank, drawn up in two copies in any form, indicating the details necessary for the revocation, including the number, date of preparation, amount of the settlement document, name of the payer or recipient of funds (collector).
Both copies of the application for revocation are signed on behalf of the client by persons authorized to sign settlement documents, certified by a seal and submitted to the bank servicing the payer - for payment orders or the recipient of funds (collector) - for payment requests and collection orders. One copy of the application for revocation is placed in the bank's daily documents, the second is returned to the client as a receipt for receipt of the application for revocation.
The bank serving the recipient of funds (collector),
carries out withdrawal of payment requests and collection orders
by sending a written application to the payer’s bank,
drawn up on the basis of a client’s application.
Recalled payment orders are returned by banks
payers; settlement documents received in the order of settlements for collection - to recipients of funds (collectors) after their receipt from banks servicing payers.
The return of settlement documents from the file cabinet for off-balance sheet account N 90902 “Settlement documents not paid on time” in the event of closing a client’s account is carried out in the following order.
Payment orders are returned to the payer. Payment documents received by the bank in the order of settlements for collection are returned to the recipients of funds (collectors) through the bank servicing them, indicating the date of account closure.
When returning payment documents, the bank draws up an inventory of them, which is to be stored together with the legal file of the client whose account is being closed.
If it is impossible to return payment requests and collection orders in the event of liquidation of the recipient's bank (collector) or lack of information about the location of the recipient of funds (collector), they are subject to storage together with the legal file of the client whose account is closed.
When returning payment documents accepted but not executed for one reason or another, the bank marks confirming their acceptance for execution are crossed out by the corresponding bank. On the reverse side of the first copy of the payment request and collection order, a note 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 supervisory employee are affixed. An entry is made in the journal for registering payment requests and collection orders indicating the date of return.
Let us consider in more detail the forms of non-cash payments.
Settlements by payment orders.
A payment order is an order from the account owner (payer) to the bank servicing him, documented as a settlement document, to transfer a certain amount of money to the recipient's account opened in this or another bank. Payment orders can be made:
a) transfer of funds for goods supplied, work performed, services rendered;
b) transfers of funds to budgets of all levels and to extra-budgetary funds;
c) transfer of funds for the purpose of returning / placing credits (loans) / deposits and paying interest on them;
d) transfer of funds for other purposes provided for by law or agreement.
Payment orders are accepted by the bank regardless of the availability of funds in the payer's account. If there are no or insufficient funds in the payer's account, payment orders are placed in a file cabinet in off-balance sheet account N 90902 "Settlement documents not paid on time." In this case, on the front side in the upper right corner of all copies of the payment order, a mark in any form is placed on the placement in the card index indicating the date. Payment of payment orders is made as funds are received in the order established by law.
Settlements under letters of credit.
A letter of credit is a monetary obligation of a bank issued on the basis of an order from its client in favor of a client of another bank. When making payments under a letter of credit, the bank acting on behalf of the payer to open a letter of credit (hereinafter referred to as the issuing bank) undertakes to make payments in favor of the recipient of funds upon presentation by the latter of documents that comply with all the conditions of the letter of credit, or to authorize another bank (hereinafter referred to as the executing bank) to make such payments. The executing bank may be the issuing bank, the recipient bank, or another bank. The letter of credit is separate and independent from the main agreement between the counterparties.
Banks can open the following types of letters of credit: covered (deposited) and uncovered (guaranteed); revocable and irrevocable (can be confirmed).
When opening a covered (deposited) letter of credit, the issuing bank transfers, at the expense of the payer's funds or the loan provided to him, the amount of the letter of credit (coverage) at the disposal of the executing bank for the entire validity period of the letter of credit.
When opening an uncovered (guaranteed) letter of credit, the issuing bank grants the executing bank the right to write off funds from the correspondent account of the issuing bank maintained by it within the amount of the letter of credit or indicates in the letter of credit another method of reimbursing the executing bank for the amounts paid under the letter of credit in accordance with its terms. The procedure for writing off funds from the correspondent account of the issuing bank under an uncovered (guaranteed) letter of credit, as well as the procedure for reimbursement of funds under an uncovered (guaranteed) letter of credit by the issuing bank to the executing bank is determined by an agreement between the banks. The procedure for reimbursement of funds under an uncovered (guaranteed) letter of credit by the payer to the issuing bank is determined in the agreement between the payer and the issuing bank.
In the event of a change in the conditions or cancellation of a revocable letter of credit, the issuing bank is obliged to send a corresponding notice to the recipient of funds no later than the business day following the day the conditions were changed or the letter of credit was cancelled.
The terms of an irrevocable letter of credit are considered changed or an irrevocable letter of credit is considered canceled from the moment the executing bank receives the consent of the recipient of the funds. Partial acceptance of changes to the terms of an irrevocable letter of credit by the recipient of funds is not permitted.
At the request of the issuing bank, an irrevocable letter of credit can be confirmed by the executing bank with the assumption of an obligation, additional to the obligation of the issuing bank, to make payment to the recipient of funds upon presentation of documents that comply with the terms of the letter of credit (confirmed letter of credit). The terms of a confirmed letter of credit are considered changed or the letter of credit is considered canceled from the moment the issuing bank receives the consent of the executing bank that confirmed the letter of credit and the recipient of the funds.
The issuing bank informs the recipient of funds about the opening of a letter of credit and its conditions through the executing bank or through the recipient's bank with the consent of the latter. Payment under a letter of credit is made by bank transfer.
When making payments under a letter of credit, the payer submits to the issuing bank two copies of an application for opening a letter of credit, in which he instructs the issuing bank to open a letter of credit. The issuing bank develops the application form for opening a letter of credit independently. The application for opening a letter of credit shall indicate information corresponding to the details of the payment documents that were discussed above as provided in paragraph 2.10 of this part of the Regulations, as well as the following information: name of the issuing bank; name of the recipient's bank; name of the executing bank; type of letter of credit (revocable or irrevocable); payment terms of the letter of credit; list and characteristics of documents submitted by the recipient of funds, and requirements for the execution of these documents; closing date of the letter of credit, period for submitting documents; name of goods (works, services), for payment for which a letter of credit is opened, term of shipment of goods (performance of work, provision of services), consignor, consignee, destination of the cargo.
Based on the application for opening a letter of credit, the issuing bank draws up a letter of credit on the prescribed form. If there is a large list of documents to be specified in the letter of credit, an annex to the letter of credit can be drawn up in any form, which is referred to in the letter of credit and which is an integral part of the letter of credit.
To make payments under a covered (deposited) letter of credit, the letter of credit indicates the number of the account opened by the executing bank to make payments under the letter of credit. The specified account is opened at the request of the issuing bank, drawn up in any form on the basis of an application for opening a letter of credit. The number of the specified account is brought to the attention of the issuing bank by the executing bank, and by the issuing bank to the attention of the payer.
In case of changes in the conditions or cancellation of the letter of credit, the payer submits a corresponding order to the issuing bank. In accordance with this order, the issuing bank sends a message to the executing bank about changing the conditions or canceling the letter of credit. The specified order of the payer, a message from the issuing bank about changing the conditions or canceling the letter of credit can be sent in the form of a document on paper, drawn up in any form and executed with the signatures of persons authorized to sign settlement documents and a seal, or in the form of a document in electronic form in in accordance with the terms of the agreement between the payer and the issuing bank (for the specified order of the payer) or the agreement between the issuing bank and the executing bank (for notification of the issuing bank about changing the conditions or canceling the letter of credit to the executing bank).
The recipient of funds may be notified of changes in the terms or cancellation of the letter of credit by the issuing bank through the nominated bank or through the bank of the recipient of funds.
The transfer of funds to the executing bank in order to increase the amount of the covered (deposited) letter of credit is carried out by a payment order of the issuing bank, drawn up on the basis of the payer’s order to increase the amount of the letter of credit. The procedure for increasing the amount of an uncovered (guaranteed) letter of credit is determined by agreement between the issuing bank and the executing bank.
Upon receipt of documents under a letter of credit from the executing bank, the issuing bank checks the compliance of the submitted documents and their details with the terms of the letter of credit on the basis of the documents themselves (hereinafter referred to as verification by external signs). The period for checking documents should not exceed seven business days following the day of receipt of documents, unless otherwise provided by agreement between the issuing bank and the executing bank.
If it is established that documents do not conform by external features to the terms of the letter of credit, the issuing bank has the right to refuse to accept them or to first request the payer about the possibility of accepting these documents. If the issuing bank refuses to accept the specified documents, it is obliged to notify the bank from which the documents were received or the recipient of the funds, indicating in the notification the discrepancies that are the reason for the refusal.
If a discrepancy is established by external signs between the documents accepted by the executing bank from the recipient of funds and the terms of the letter of credit, the issuing bank has the right to demand from the executing bank the return of amounts paid to the recipient of funds at the expense of the coverage transferred to the executing bank (under a covered (deposited) letter of credit), restoration of amounts written off from a correspondent account opened with the nominated bank, or refuse to reimburse the nominated bank for amounts paid to the recipient of funds (under an uncovered (guaranteed) letter of credit).
The issuing bank is obliged, no later than the business day following the day of return of the amount of the unused balance or the amount of the reduced or canceled covered (deposited) letter of credit, to credit the corresponding amount to the payer’s account from which the funds were debited to cover the letter of credit.
The executing bank immediately notifies the recipient of the funds about the receipt of the letter of credit in a manner agreed upon with it, followed by written confirmation in any form no later than the business day following the day of receipt of the letter of credit from the issuing bank. If the executing bank is not the bank serving the recipient of the funds, the executing bank has the right to inform the recipient of the funds about the receipt of the letter of credit through the recipient's bank.
To receive funds under a letter of credit, the recipient of funds submits to the executing bank four copies of the register of accounts in the established form and the documents provided for by the terms of the letter of credit. The executing bank is obliged to check the external appearance of the documents for compliance with the terms of the letter of credit, as well as the correctness of the register of accounts. The period for checking documents should not exceed seven business days following the day of receipt of documents, unless otherwise provided by agreement between the issuing bank and the executing bank.
When it is established that the specified documents comply with the terms of the letter of credit and the correctness of the register of accounts, the executing bank makes payment under the letter of credit. When executing a revocable letter of credit, the executing bank makes payment in full if, by the time the documents are submitted, it has not received an order from the issuing bank to cancel the letter of credit, in part of the amount of the letter of credit - upon receipt of an order from the issuing bank to reduce the amount of the letter of credit.
If it is established that the specified documents do not conform on external grounds to the terms of the letter of credit, the executing bank has the right to refuse to accept them, immediately notifying the recipient of the funds and the issuing bank and pointing out the discrepancies that are the reason for the refusal. The recipient of funds has the right to re-submit the documents required by the letter of credit before its expiration.
When making a payment under a letter of credit, the amount specified in the register of accounts is credited (transferred) to the account of the recipient of funds by a payment order from the executing bank. The first copy of the payment order, together with the first copy of the register of accounts, is placed in the bank's day-to-day documents as a basis for writing off funds from the account intended for accounting for amounts under a covered (deposited) letter of credit, or as a basis for writing off funds from the correspondent account of the issuing bank opened in the executing bank, under an uncovered (guaranteed) letter of credit.
The executing bank sends to the issuing bank a second copy of the register of accounts with the documents required by the terms of the letter of credit attached, as well as a third copy of the register of accounts for use by the issuing bank and for delivery to the payer.
The letter of credit is closed at the executing bank: upon expiration of the letter of credit (in the amount of the letter of credit or its balance); if the recipient of funds refuses to use the letter of credit (in full or in part) before its expiration, if this is permitted by the terms of the letter of credit, by sending an application to close the letter of credit to the executing bank. The terms of the letter of credit may provide for obtaining the consent of the payer and (or) the issuing bank to refuse to use the letter of credit by the recipient of funds. Refusal to use a confirmed letter of credit is possible with the consent of the confirming bank; when a letter of credit is revoked (in full or in part) by the issuing bank, including at the request of the payer or after receiving the consent of the recipient of funds under an irrevocable letter of credit.
When a covered (deposited) letter of credit is revoked in part of the amount of the letter of credit, the accountant of the executing bank puts the mark “Partial revocation” on the front side of the letter of credit, the amount indicated in numbers is circled and a new amount is entered. On the reverse side of the covered (deposited) letter of credit, a record is made of the amount of the refunded amount and the date of return, which is certified by the signature of the accountant indicating the surname, as well as the stamp of the bank.
The refund of the amount to the issuing bank under a covered (deposited) letter of credit is carried out by the executing bank by payment order simultaneously with the closure of the letter of credit upon expiration of the letter of credit or on the day of presentation of the document serving as the basis for closing the letter of credit.
The procedure for revoking an uncovered (guaranteed) letter of credit is established by an agreement between the issuing bank and the executing bank.
About the closure of the letter of credit, the executing bank must send a notification to the issuing bank, drawn up in any form and issued with the stamp of the bank, the date of preparation and the signature of the accountant.
Payments by checks.
A check is a security containing an unconditional order from the drawer to the bank to pay the amount specified in it to the check holder. The drawer is a legal entity that has funds in the bank, which he has the right to dispose of by issuing checks, the check holder is the legal entity in whose favor the check was issued, the payer is the bank in which the drawer's funds are located.
The procedure and conditions for the use of checks in payment transactions are regulated by part two of the Civil Code of the Russian Federation, and in the part not regulated by it, by other laws and banking rules established in accordance with them.
The check is paid by the payer at the expense of the drawer's funds. The drawer does not have the right to revoke a check before the expiration of the established period for its presentation for payment. Presentation of a check to the bank serving the check holder to receive payment is considered presentation of the check for payment. The payer of a check is obliged to verify the authenticity of the check by all means available to him. The procedure for assessing damages arising as a result of payment by the payer of a forged, stolen or lost check is regulated by law. For non-cash payments, checks issued by credit institutions can be used. Checks of credit institutions can be used by clients of the credit institution issuing these checks, as well as in interbank settlements in the presence of correspondent relations. Checks issued by credit institutions are not used for settlements through divisions of the Bank of Russia settlement network.
Checks issued by credit institutions can be used in interbank settlements on the basis of agreements concluded with clients and interbank agreements on settlements by checks in accordance with the internal bank rules for conducting transactions with checks, developed by credit organizations and defining the procedure and conditions for the use of checks.
An interbank agreement on settlements by checks may provide for:
conditions for circulation of checks when making payments;
the procedure for opening and maintaining accounts that record transactions with checks;
composition, methods and timing of transmission of information related to the circulation of checks;
the procedure for supporting the accounts of credit institutions participating in settlements;
obligations and responsibilities of credit institutions - participants in settlements;
procedure for changing and terminating the agreement.
Internal bank rules for conducting transactions with checks, defining the procedure and conditions for their use, must provide for:
check form, list of its details (mandatory,
additional) and the procedure for filling out the check;
list of participants in settlements with these checks;
deadline for presenting checks for payment;
check payment terms;
conducting settlements and composition of check circulation operations;
accounting registration of transactions with checks;
procedure for archiving checks.
Payments for collection.
Collection settlements are a banking operation through which the bank (hereinafter referred to as the issuing bank), on behalf and at the expense of the client, on the basis of settlement documents, carries out actions to receive payment from the payer. To carry out collection settlements, the issuing bank has the right to attract another bank (hereinafter referred to as the executing bank).
Payments for collection are carried out on the basis of payment requests, payment of which can be made by order of the payer (with acceptance) or without his order (in an unaccepted manner), and collection orders, payment of which is made without the order of the payer (in an indisputable manner). Payment requests and collection orders are submitted by the recipient of funds (collector) to the payer's account through the bank serving the recipient of funds (collector).
When accepting payment requests and collection orders for collection, the executive officer of the issuing bank checks the compliance of the payment document with the established form of the form, the completeness of filling in all the details provided for in the form, the compliance of the signatures and seal of the recipient of funds (collector) with the samples specified in the card with sample signatures and seal impressions , as well as the identity of all copies of settlement documents. After checking the correctness of completion, all copies of accepted payment documents are stamped with the issuing bank, the date of receipt and the signature of the responsible executor. Unaccepted documents are deleted from the register of settlement documents submitted for collection and returned to the recipient of funds (collector), the number and amount of settlement documents in the register are corrected. Both copies of the register and corrections in them are certified by the signature of the responsible executive of the issuing bank.
The last copies of settlement documents, together with the second copy of the register, are returned to the recipient of funds (collector) as confirmation of receipt of documents for collection.
The first copies of the registers remain in the issuing bank, are filed in a separate folder, are used as a journal of registration of settlement documents accepted for collection and are stored in the issuing bank in accordance with the established retention periods for documents.
The issuing bank that has accepted payment documents for collection undertakes the obligation to deliver them to their intended destination.
If there are no or insufficient funds in the payer's account and if there is no provision in the bank account agreement for payment of settlement documents in excess of the funds available in the account, payment requests accepted by the payer, payment requests for direct debit of funds and collection orders (with attached in cases established by law executive documents) are placed in a file cabinet under off-balance sheet account N 90902 “Settlement documents not paid on time” indicating the date of placement in the file cabinet.
The executing bank is obliged to notify the issuing bank about the placement of settlement documents in the file cabinet for off-balance sheet account N 90902 “Settlement documents not paid on time” by sending a notice of filing in the file cabinet. The specified notice is sent by the executing bank to the issuing bank no later than the business day following the day the settlement documents are placed in the file cabinet. In this case, on the reverse side of the first copy of the payment document, a mark is made on the date of sending the notice, a bank stamp and the signature of the responsible executor are affixed.
The issuing bank delivers a notice of filing to the client upon receipt of a notice from the executing bank.
Payment of settlement documents is made as funds are received into the payer's account in the order established by law.
Calculations of payment requirements.
The payment request is a settlement document,
containing the requirement of the creditor (recipient of funds) under the main agreement to the debtor (payer) to pay a certain amount of money through the bank.
Payment requirements are applied in settlements for goods supplied, work performed, services rendered, as well as in other cases provided for by the main agreement. Settlements through payment requests can be carried out with prior acceptance and without the payer’s acceptance. Without the payer's acceptance, settlements with payment requests are carried out in the following cases:
established by law;
provided for by the parties to the main agreement, subject to the provision of the bank servicing the payer with the right to write off funds from the payer’s account without his order.
The payment request is drawn up on the prescribed form. In addition to the mandatory details discussed above, the payment request shall indicate:
a) payment terms;
b) deadline for acceptance;
c) the date of sending (handing over) to the payer the documents provided for in the contract if these documents were sent (handing over) to the payer;
d) name of the goods (work performed, services rendered), number and date of the contract, numbers of documents confirming the delivery of goods (performance of work, provision of services), date of delivery of the goods (performance of work, provision of services), method of delivery of goods and other details.
Payment requests can be paid with or without the payer’s acceptance. In a payment request paid with the payer’s acceptance, the recipient of the funds makes an entry “with acceptance” in the request form. The period for accepting payment requests is determined by the parties to the main agreement. In this case, the period for acceptance must be at least five working days.
The last copy of the payment request is transferred to the payer for acceptance no later than the next business day from the date of receipt of the payment request by the bank. The transfer of payment requests to the payer is carried out by the executing bank in the manner prescribed by the bank account agreement. Payment requests are placed by the executing bank in the file cabinet of settlement documents awaiting acceptance for payment until the payer's acceptance is received, the acceptance is refused (full or partial), or the acceptance period expires.
The payer, within the period established for acceptance, submits to the bank the corresponding document on the acceptance of the payment request or refusal in whole or in part from its acceptance on the grounds provided for in the main agreement, including in the event of a discrepancy between the applied payment form and the concluded agreement, with a mandatory reference to clause, number, date of the contract and indicating the reasons for refusal.
The payer may grant the executing bank in the bank account agreement the right to pay payment claims submitted to his account by any creditors (recipients of funds) specified by the payer, if the payer does not receive a document on acceptance or refusal to accept (full or partial) the payment claim within the period specified established for acceptance.
Acceptance of a payment request or refusal to accept (full or partial) is formalized by an application for acceptance or refusal of acceptance in the prescribed form.
When accepting payment requests, the application is drawn up in two copies, the first of which is drawn up with the signatures of officials who have the right to sign settlement documents and the payer's seal.
In case of complete or partial refusal of acceptance, the application is drawn up in triplicate. The first and second copies of the application are drawn up with the signatures of officials who have the right to sign settlement documents and the payer’s seal.
The responsible executive of the bank servicing the payer's account checks the correctness and completeness of the client's application for acceptance, refusal of acceptance, the presence of grounds for refusal, references to the number, date, clause of the contract in which this basis is provided, as well as the correspondence of the number and date of the contract, specified in the payment request, and affixes his signature and the bank’s stamp indicating the date on all copies of the application. The last copy of the application for acceptance or refusal of acceptance is returned to the payer as a receipt for receipt of the application.
An accepted payment request, no later than the business day following the day the application was received, is written off by a memorial order from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and is paid from the payer’s account. A copy of the application, together with the first copy of the payment request, is placed in the documents of the day as a basis for debiting funds from the client’s account.
If acceptance is completely refused, the payment request is written off by a memorial order from the off-balance sheet account for the amounts of settlement documents awaiting acceptance for payment, and no later than the business day following the day the application was received, it must be returned to the issuing bank along with a copy of the application for return to the recipient of the funds.
A copy of the application, together with a copy of the payment request and a memorial order, is placed in the documents of the day as a basis for writing off the amount of the payment request from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and returning the settlement document without payment.
In case of partial refusal of acceptance, the payment request, no later than the business day following the day of acceptance of the application, is written off in full by a memorial order from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and is paid in the amount accepted by the payer. In this case, the amount of the payment request, indicated by numbers, is circled and the new amount to be paid is displayed next to it. The entry made is certified by the signature of the responsible executive of the bank.
One copy of the application, together with the first copy of the payment request, is placed in the documents of the day as a basis for debiting funds from the client’s account, another copy of the application, no later than the business day following the day the application is received, is sent to the issuing bank for transfer to the recipient of the funds.
In a payment request for the direct debiting of funds from payers’ accounts on the basis of legislation or an agreement, in the “Terms of payment” field, the recipient of the funds enters “without acceptance”, and also makes a reference to the law (indicating its number, date of adoption and the corresponding article), on on the basis of which the collection is carried out or the date, number of the main agreement and its corresponding clause providing for the right of direct write-off.
Direct debiting of funds from an account in cases provided for in the main agreement is carried out by the bank if there is a condition in the bank account agreement on direct debiting of funds or on the basis of an additional agreement to the bank account agreement containing the corresponding condition. The payer is obliged to provide the servicing bank with information about the creditor (recipient of funds), who has the right to submit payment requests for debiting funds without acceptance, the name of the goods, works or services for which payments will be made, as well as about the main agreement (date, number and the corresponding clause providing for the right of direct debit).
The absence of a condition on direct debiting of funds in a bank account agreement or an additional agreement to a bank account agreement, as well as the absence of information about the creditor (recipient of funds) and other above information is grounds for the bank to refuse to pay a payment request without acceptance. This payment request is paid in accordance with the preliminary acceptance procedure with a period for acceptance of five working days.
When accepting payment requests for direct debiting of funds, the executive officer of the executing bank is obliged to check the presence of a reference to the legislative act (main agreement) giving the recipient the right to the specified settlement procedure, its date, number, corresponding clause, and also, in established cases, the presence readings of measuring instruments and current tariffs or records of calculations based on measuring instruments and current tariffs.
In the absence of an indication “without acceptance”, payment requests are subject to payment by the payer in the order of preliminary acceptance with a period for acceptance of five working days. Banks do not consider the merits of payers' objections to debiting funds from their accounts without acceptance.
Payments by collection orders.
A collection order is a settlement document on the basis of which funds are written off from payers' accounts in an indisputable manner.
Collection orders are applied:
in cases where an indisputable procedure for the collection of funds is established by law, including for the collection of funds by bodies performing control functions;
for collection under enforcement documents;
in cases provided for by the parties to the main agreement, subject to the provision of the bank servicing the payer with the right to write off funds from the payer’s account without his order.
The collection order is drawn up on the prescribed form. When collecting funds from accounts in an indisputable manner in cases established by law, a reference to the law must be made in the collection order in the “Purpose of payment” field (indicating its number, date of adoption and the corresponding article). When collecting funds on the basis of enforcement documents, the collection order must contain a reference to the date of issue of the enforcement document, its number, the number of the case on which the decision subject to enforcement was made, as well as the name of the body that made such a decision. If the enforcement fee is collected by a bailiff, the collection order must contain an indication of the collection of the enforcement fee, as well as a reference to the date and number of the enforcement document of the bailiff.
Collection orders for the collection of funds from accounts issued on the basis of writs of execution are accepted by the recovering bank with the attachment of the original of the writ of execution or its duplicate.
Banks servicing debtors (executing banks) execute received collection orders with attached writs of execution or, in the absence or insufficiency of funds in the debtor’s account to satisfy the demands of the creditor, make a note on the writ of execution about the complete or partial failure to fulfill the requirements specified in it in connection with the lack of funds in the debtor’s account and place the collection order with the attached writ of execution in the file cabinet in off-balance sheet account No. 90902 “Settlement documents not paid on time.” Collection orders are executed as funds are received in the order established by law.
The undisputed procedure for writing off funds is applied for obligations in accordance with the terms of the main agreement, except for cases established by the Bank of Russia.
Write-off of funds in an indisputable manner in the cases provided for by the main agreement is carried out by the bank if there is a condition in the bank account agreement on the write-off of funds in an indisputable manner or on the basis of an additional agreement to the bank account agreement containing the corresponding condition. The payer is obliged to provide the servicing bank with information about the creditor (recipient of funds) who has the right to issue collection orders to write off funds in an indisputable manner, the obligation under which payments will be made, as well as about the main agreement (date, number and the corresponding clause providing for the right undisputed write-off).
The absence of a condition on writing off funds in an indisputable manner in the bank account agreement or an additional agreement to the bank account agreement, as well as the absence of information about the creditor (recipient of funds) and other above information is grounds for the bank to refuse to pay the collection order.
The collection order must contain a reference to the date, number of the main agreement and its corresponding clause providing for the right of undisputed write-off.
Banks do not consider the merits of payers’ objections to the debiting of funds from their accounts in an indisputable manner.
Banks suspend the write-off of funds indisputably in the following cases:
by decision of the body exercising control functions in accordance with the law to suspend collection;
if there is a judicial act on suspension of collection;
on other grounds provided by law.
The document submitted to the bank indicates the details of the collection order, the collection of which must be suspended.
When the write-off of funds under a collection order is resumed, its execution is carried out while maintaining the priority group specified in it and the calendar order of receipt of the document within the group.
The writ of execution, the collection of funds for which was not carried out (except for cases of termination of enforcement proceedings) or was carried out partially, is returned together with the collection order by the executing bank to the issuing bank for delivery to the recoverer personally against receipt of receipt or by registered mail with notification. In this case, the executing bank makes a note on the writ of execution on the date of return of the writ of execution indicating the amount collected if there was a partial payment for the document.
The writ of execution, the collection of funds for which has been made or terminated in accordance with the law, is returned by the executing bank by registered mail with notification to the court or other body that issued the writ of execution. In this case, the executing bank makes a note on the writ of execution indicating the date of its execution indicating the amount collected or the date of return indicating the basis for termination of collection (number and date of the claimant’s application, court ruling (arbitration court) or other document) and the amount recovered if there was a partial payment for the document.