383 p payment order. New rules for money transfer. Central Bank of the Russian Federation

Question: On the completion of the payment order to transfer the fee for residential premises and utilities.

Answer:

Central Bank of the Russian Federation

The Department of the National Payment System reviewed the letter information system Housing and communal services (hereinafter - GIS Housing and communal services), and within its competence reports the following.
According to the provision of the Bank of Russia dated 19.06.2012 N 383-P "On the rules for translating money"(Hereinafter referred to - the situation N 383-P) Credit organizations transfer funds for bank accounts and without opening bank accounts within the framework of the forms of non-cash settlements, including the payment of payments for residential premises and utilities, on the basis of orders for money transfer funds (hereinafter referred to as orders) provided for in paragraphs 1.10 and 1.11 of the provisions of N 383-p.
Annex 1 to the Regulation No. 383-P establishes the order to indicate information in the details of the payment order, including the payment order for total With the registry, according to which the amount of payment, the necessary information about the payer, the recipient of the funds serving their banks is indicated in the appropriate details, any necessary information on the payment, which includes information about the consumer and the address of the premises may be indicated in the details , in the requisite "Code" in accordance with paragraph 1.21.1 of the provisions of N 383-P - unique identificator payment in cases of its assignment to the recipient of funds or in accordance with federal law, regulatory legal acts Russian Federation. Registry details are established by a credit organization, taking into account the requirements of paragraph 1.20 of the position N 383-P.
Approximate form of a payment document for making fees for the maintenance and repair of residential premises and the provision communal services and guidelines To fill it, approved by the order of the Ministry of Internal Affairs of Russia from 29.12.2014 N 924 / PR. The specified payment document is currently used as an order provided for by clause 1.11 of the provisions of 383-P, and is the basis for drawing up a credit organization of the order, taking into account the requirements of paragraph 1.22 of the position N 383-P.
As for the identifiers listed in the letter, their knowledge corresponds to the maximum number of characters (25 characters) of the "code" of payment orders in electronic form established in Appendix 11 to the position N 383-P. In our opinion, a single personal account and the housing and communal service identifier may not be indicated in the details of the payment of payment order in the details of the "code" of the payment document identifier, which includes a single personal account and the identifier of housing and communal services.

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

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

With changes and additions from:

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

This provision is developed on the basis of the Federal Law of June 27, 2011 N 161-FZ "On National payment system"(Meeting of the legislation of the Russian Federation, 2011, N 27, Art. 3872), Federal Law of July 10, 2002 N 86-FZ" On Central Bank Of the Russian Federation (Bank of Russia) "(Meeting of the legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 25, Art. 2426; N 30, Art. 3101; 2006, N 19, Art. 2061; N 25, Art. 2648; 2007, N 1, Art. 9, Art. 10; n 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, ST . 25; N 29, Art. 3629; N 48, Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, Art. 3873; N 43, Art. 5973; n 48, Art. 6728), Federal Law "On Banks and banking activities"(as amended by the Federal Law of February 3, 1996 N 17-FZ) (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Meeting of the legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, 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 Council of Directors of the Bank of Russia dated June 15, 2012, N 11) establishes the rules for the transfer of funds to the Bank of Russia, credit institutions (hereinafter under the joint mention - banks) in the Russian Federation in Currency of the Russian Federation.

Registration N 24667

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

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

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

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

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

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

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

The situation comes into force on the expiration of 10 days after its official publication, for some exceptions. Chapter 3, which is devoted to the peculiarities of performing procedures for admission to the execution of orders of the participants in the payment system, enters into force on January 1, 2013. Requirements that determine the maximum number of characters in the details of payment, collection orders, payment requirements, orders in electronic form - with April 1, 2013

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


Registration N 24667


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

Posted on the site 30.07.2012

Introduction In Russia last year, new legislation on the national payment system has affected the most significant ways not only for card calculations and receiving payments individualsHow it could seem at first glance. The provision "On the rules for the implementation of the transfer of funds" issued by the Bank of Russia at the end of June concerns all forms and types of non-cash settlements, including even distant from the NPS checks and letters of credit.

We are talking about the situation of the Central Bank of the Russian Federation of 19.06.2012 No. 383-P (hereinafter referred to as Regulation No. 383-P), published in the "Bulletin of the Bank of Russia" on June 28, 2012 No. 34.
The document entered into force on the expiration of 10 days from the date of official publication, that is, July 9, 2012; Separate provisions come into force on other times.
From the same date - July 9, 2012 - recognized by the main regulatory acts of the Bank of Russia, regulating earlier non-cash payments:
- the position of the Central Bank of the Russian Federation of 03.10.2002 No. 2-P "On non-cash settlements in the Russian Federation" (hereinafter referred to as Regulation No. 2-P);
- The position of the Central Bank of the Russian Federation dated 01.04.2003 No. 222-P "On the procedure for the implementation of non-cash settlements by individuals in the Russian Federation" (hereinafter referred to as Regulation No. 222-P).
Since these documents played very important - if not a fundamental - role in the activities of any Russian credit institution, it can be safely argued that changes in legislation on non-cash calculations will require banks of careful and scrupulous processing of many internal provisions. At the same time, it will have to take into account the requirements of not only the new provision No. 383-P, but also all legislative and regulations governing the national payment system.

General provisions
As follows from the name of the new document, its main object is not non-cash payments, but transfer of money. However, under the clue, it turns out that various forms of non-cash settlements are reflected in position No. 383-p. What, in general, it is logical, since the previous provisions No. 2-P and No. 222-P lose force, and the Bank of Russia did not produce other documents on non-cash payments.
Money transfers are carried out within the framework of the following forms of non-cash settlements (clause 1.1 of provisions No. 383-P):
- calculations by payment orders;
- calculations on the letter of credit;
- calculations by collection orders;
- calculations by checks;
- direct debit (calculations in the form of transfer of funds at the request of the recipient of funds);
- calculations in the form of translating electronic money.
The first paragraph of chapter 1 "General Provisions" regulator introduces a new concept for the scope of non-cash settlements - an order to transfer money. Such an order can be drawn up:
- payers of funds;
- recipients of funds;
- Declaring of funds (persons or bodies that have the right on the basis of the law to make orders to bank accounts of payers).
At the same time, the tools of funds may be recipients of funds (and can not be alleviated).
A rather suddenly looks like a list of methods, through which the transfer of funds in bank accounts or by passing them. The regulator considered that the translations would seem to be an extremely non-cash payment method - may include elements of cash settlements, including:
- writing off funds from bank accounts of payers and issuing cash to beneficiaries to individuals;
- receiving cash, the disposal of the payer - an individual and crediting funds to the recipient's bank account;
- and even the reception of cash, the disposal of the payer - an individual and the issuance of cash to the recipient of funds to the physical person.
In the latter case, obviously, non-cash payments are not found at all.
The transfer of money can be carried out in the "reverse sequence": First, the beneficiary bank fulfills the order, and then the refund of the payer's payment paid to the recipient in accordance with the Treaty. Such a scheme of calculations was traditionally used before during calculations uncovered (guaranteed) letters of credit.
The transfer of funds can be carried out with the participation of an intermediary bank who is not a payer's bank or a recipient's bank (practice is also widespread when calculating letters of credit).

Internal documents
According to paragraph 1.8 of provisions No. 383-P credit organizations It is necessary to approve internal documents containing:
- the procedure for compiling orders;
- the procedure for performing procedures for admission to execution, recall, return (cancellation) of orders;
- order of execution of orders;
- other provisions on the organization of activities of credit institutions to translate funds.
These documents should be adopted during the year from the date of entry into force of provision No. 383-P (p. 10.3).
Recall that earlier the Bank of Russia demanded from its wards the existence of developed and approved rules for building a settlement system of a credit institution (Regulation No. 2-P), including various aspects of settlements with other credit institutions and its own units (branches).
Regulated relationships with clients in terms of non-cash payments so far there has been no need. With the exception, except for the procedure and conditions for the implementation of transactions for the transfer of funds on behalf of individuals without opening a bank account referred to in paragraph 1.2.2 of provisions No. 222-p.
In addition, the implementation of calculations (cash, non-cash) is present in the "list of fundamental issues related to the implementation of internal control, according to which the credit organization should adopt internal documents", approved by the Regulation of the Central Bank of the Russian Federation of December 16, 2003 No. 242-P "On the organization of internal control in credit institutions and banking groups. "
In any case, banking methodologues and profile specialists will have to be used if not to develop a completely new one, then to radically rewind a package of internal documents, in all details of the procedures for the settlement service of customers.
In addition, it will be necessary to make changes to typical treaties on the estimated service, bank account agreements, contracts bank deposit, as well as in the bank tariffs, as the names of many settlement operations will be changed.
Domestic documents cannot contain provisions contrary to the law, including Regulation No. 383-P; For an unknown reason, the regulator decided to state this obvious thought in the form of a separate reservation.

Electronic money transfers
This is exactly the aspect of non-cash settlements, according to which credit organizations will have to develop a normative base with almost scratch.
It should be started to start this work, not even with a thorough study of the relevant sections of provision No. 383-P, but from the Federal Law of June 27, 2011 No. 161-FZ "On the National Payment System". This document introduces the definition of the most important terms relating to electronic money, as well as the basic rules of work with them. Position number 383-n practically nothing new to the requirements of the law does not add.
The translation of electronic cash (hereinafter referred to as EDC) is carried out in accordance with the legislation and treaties, taking into account the requirements of provision No. 383-p.
Banks can carry out transfers including various EMF transformations to traditional (cash, non-cash) cash and back, including:
- transfers of cash on bank accounts;
- Money transfers without opening bank accounts.
In the first case, transfers are carried out by writing off funds from payers bank accounts and an increase in the remnant of EMF recipients of funds.
In the second case - when carrying out transfers without opening bank accounts (at the sender of payment), the following options are possible:
- receiving cash, orders of the payer - an individual and an increase in the remnant of EMF recipient of funds;
- reducing the balance of the payer's EDC and crediting funds to the recipient's bank account;
- reducing the remnant of EMF payer and cash cash with the recipient to the physical person;
- Reducing the balance of the payer's EDC and an increase in the remnant of the payment of the payee.

Cash transfer orders
The general term "orders" of the Bank of Russia identified all documents on the basis of which credit organizations carry out cash transfers.
The most common forms of orders are:
payment order;
- collection order;
- payment request;
- Paying order.
The listed forms of orders are applied under all forms of non-cash settlements specified in paragraph 1.1 of provisions No. 383-P.
Applications to Regulation No. 383-P are detailed descriptions and characteristics of the specified orders: a list and description of their details, form of orders, details, and the maximum number of characters in the details of the orders in electronic form.
In addition to four major form of orders, other types of orders can be used in the practice of banking activities (let's call them "non-standard"), for which the list of details and forms are not established by Regulation No. 383-P. Such orders:
- are drawn up by senders of orders (customers, regulators of funds, banks), indicating the requisites established by the Bank, allowing the Bank to carry out cash transfers;
- are compiled for the forms established by the Bank or the recipient of funds in coordination with the Bank;
- apply under the forms of non-cash settlements provided for in paragraph 1.1 of provisions No. 383-P;
- Must contain the names of orders, which do not coincide with those listed above.
These rules, according to the idea of \u200b\u200bthe methodologies of the Bank of Russia, are distributed:
- on statements, notifications, notifications, compiled in the cases provided for by Regulation No. 383-P;
- statements compiled in accordance with federal law in order to recover funds;
- Compiled by a legal entity in electronic form or on paper orders to obtain cash from a bank account of a legal entity in case of insufficiency of funds on its bank account.
In the latter case, it may be about issuing wages Employees of the organization in the presence of files of unpaid documents. Such an "order", in contrast to the money check (not to be confused with the calculated!), The bank can put in the specified file to enter the necessary funds.
Thus, within a small range existing forms Non-cash payments (there are only six of them) can be used - in addition to the fantasies participating in the course of the parties - not a limited number of forms of orders.
If a credit institution uses "non-standard" orders in its activities, their forms, details and the procedure for working with them should be approved by internal documents.
Orders can be drawn up as electronically (including using electronic means of payment) and on paper.
"Standard" orders (four main forms: payment orders, collection orders, payment requirements, payment orders), as well as bank orders are calculated (payment) documents.
The question is whether the banking order decree (the document, the procedure for the preparation and application of which was established by the indication of the Central Bank of the Russian Federation of December 11, 2009 No. 2360-y "On the procedure for the preparation and application of a bank order" (hereinafter referred to as indication No. 2360-y), it is still open. It is likely that it depends on the type of operation: in some cases, the bank order can only be a settlement document compiled on the basis of the order, and in others - the order itself. One way or another, it will have to understand this banking methodologue - when developing a package of internal documents, dedicated to transfers of cash.
The forms of "non-standard" orders on paper do not exceed the A4 sheet of format. If the form of such an order consists of several sheets, then each sheet is issued in the manner prescribed by the Bank, taking into account the requirements of provision No. 383-P.
The number of copies of "non-standard" orders on paper carriers is also installed by the Bank.
The credit institution and itself may be a "sender of the order". The Bank of Russia has provided such an opportunity for the following situations:
- Write-off (enrollment) of funds for bank accountif the bank is a beneficiary of funds (payer);
- Transfer of funds without opening a bank account, including the translation of electronic funds if the bank is a cash recipient.
It can be assumed that the order (and at the same time the settlement document) in these cases is a bank order.
Chapters 2-4 provisions No. 383-P are dedicated to translated orders. They are considered:
- procedures for receiving orders for execution;
- disputation procedures;
- Return procedures (cancellation) of orders;
- procedure for execution of orders;
- features of the procedures for admission to execute orders of participants in the payment system;
- procedures for execution of orders and the procedure for their implementation.
It should be noted that the material of the specified sections of provisions No. 383-P is an excellent workpiece for developing on its basis the relevant internal documents of the credit institution referred to in paragraph 1.8.
We remind you that Chapter 3 "Features of the implementation of procedures for admission to the execution of orders of participants in the payment system" comes into force on January 1, 2013
... After a detailed description of the requirements for work with orders, the regulator proceeds to separate forms of non-cash payments. And here his syllable becomes much more concise - especially compared with the wording of the corresponding chapters of the provisions in the summer No. 2-p.
However, the overall concept of non-cash settlements is practically not changed.

Calculations of payment orders
As before, when calculating payment orders, the payer's bank undertakes to transfer funds for its, payer, bank account or without opening a bank account (for payers - individuals) to the recipient of the funds specified at the payer's disposal.
The payment order can also be used to translate funds from the deposit account (deposit), taking into account the requirements established by the Federal Law.
Like other types of orders, the payment order is drawn up, it is assumed to be executed and is executed in electronic form or on paper carrier.
The duration of this document has not changed: the payment order is still indeed for submission to the bank within 10 calendar days from the date of its preparation.
If the payer is a bank, the transfer of funds to the Bank's bank account - the recipient of funds can be carried out by the Bank on the basis of the bank order component. At the same time, according to Regulation No. 2360, the client's account must be opened in the same bank (internal transaction).
If we are talking about transferring money without opening a payer's bank account - an individual, then at the appropriate disposal on paper should be indicated:
- Payer details;
- details of the recipient of funds;
- bank details;
- transfer amount;
- purpose of payment.
There may also be another information established by the credit institution or the recipient of funds in coordination with the Bank.
Order of transferring funds without opening a bank account of the payer - an individual can be drawn up in the form of an application.
The form of the order for transferring funds without opening a bank account of the payer - an individual on paper on paper is established by a credit institution or recipient of funds in coordination with the Bank.
Based on the order of transferring funds without opening a payer's bank account - an individual, a credit institution is a payment order.
All nuances of filling out individual fields, previously present in the main text of the provisions on non-cash settlements (especially this was sinned by provision No. 222-P), are now set out in annexes to Regulation No. 383-P. Special attention We recommend to turn to the rules for filling the details "Payer" and "Recipient" of the payment order (as well as the collection order, and the payment request) - rows 8 and 16 of Annex 1 to Regulation No. 383-P.
According to paragraph 5.8 of provisions No. 383-p Order of the transfer of funds without opening a bank account of the payer - an individual transmitted using the electronic means of payment must contain information that allows you to install a payer, recipient of funds, the amount of translation and the purpose of payment. Such a requirement, apparently, can make the illegal practice of some banks on making money to enroll them on the Bank's Customer Customer Accounts through ATMs with the Cash-In function without identifying the payer.
However, it is possible that banks will have arguments in their defense: for example, the fact that the funds deposit does not use the card - electronic means of payment. For nasty (from the word "opposite"), the Party will be able to argue that the ATM itself is an electronic means of payment, because it is a "remedy or method that allows the Customer to transfer funds to the Certificate, certify and transmit orders for the implementation of translating monetary Funds in the framework of applied forms of non-cash settlements using information and communication technologies, electronic media, including payment cards, as well as other technical devices "... But this is a completely different story.
Based on the orders of payers - individuals, a credit institution may draw up a payment order for a total amount with the direction of the Recipient Bank, the recipient of the funds agreed with the recipient's bank, the recipient of the means of the registry or orders of payers - individuals.
When calculating payment orders, non-standard orders provided for by paragraph 1.11 of provisions No. 383-P may be applied. In this case, it is obviously used only a payment (calculated) document based on the "non-standard" order.

Calculations on the letter of credit
Chapter 6 "Calculations on a letter of credit" is the largest in terms of volume and detailed content among sections describing various forms of non-cash settlements. As part of this article, we will not consider it in detail.
From the innovations (compared to the invalidation of position No. 2-P), it is possible to note the following positions.
The transfer of a letter of credit, changes in the conditions of the letter of credit, applications, notifications, notifications and other exchange of information on the letter of credit can be carried out in electronic form using any means of communication that allow you to reliably install the sender. Of course, the exchange of information on paper carriers is also allowed.
Upon receipt of the letter of credit, changes in the conditions of the letter of credit, applications, notifications, notifications and other information on the letter of credit, the Bank must fulfill all the procedures provided for by the Bank of Russia and internal documents (chapter 2 of provisions No. 383-P).
Requisites and shape (on paper) Letter of credit are installed by a bank independently. The regulator establishes only a list of mandatory information, which must be specified in the letter of credit.
In the execution of uncovered (guaranteed) letter of credit, the executing bank is entitled not to fulfill the letter of credit to the receipt of funds from the bank-issuer, with the exception of the case of confirmation of the letter of credit by the Bank.
The execution of the letter of credit is carried out through the transfer of funds by the payment order of the executing bank to the bank account of the beneficiary or by enrolling the relevant amount on the Bank's bank account in the execution bank.

Calculations by collection orders
Incassive orders apply:
- when calculating the collection in cases provided by the contract;
- In calculations on orders of disorderholders.
The recipient of the funds can be the bank, including the payer's bank.
The collection order is drawn up, is assumed to be executed and executed in electronic form or on paper.
The use of collection orders in the calculations for collection is possible under certain conditions. Thus, in the bank account agreement between the payer and the payer's bank must be attended by conditions:
- on debiting money from the bank account of the payer and submitting a payer to the payer's bank information about the recipient of funds, having the right to present collection orders to the payer's bank account;
- on the obligation of the payer and the main contract, including in the cases provided for by the Federal Law.
Thus, when the client appears from the Client of new counterparties and contracts, providing for calculations by collection orders, each time the need to conclude additional agreements to the bank account agreement (indicating in it of information on the obligation of the payer and the main contract).
The right to present the collection orders to the payer's bank account can be confirmed by the recipient of the funds by submitting relevant documents to the payer. What exactly - should be negotiated between the payer of funds and his bank.
If the recipient is a fund of a payer, a condition for debiting money from a bank account of a payer may be provided for by the bank account agreement and (or) other treaty between the payer's bank and the payer.
Write-off of funds from the bank account of the payer's client in this case can be carried out by the bank in accordance with the bank account agreement on the basis of a bank order (internal transaction).
In order to execute the "non-standard" disposal of the challenger of funds that are not a collection order and submitted directly to the payer's bank, the specified bank is a collection order.
The collection assignment of the disorder of funds can be submitted to the payer's bank through the bank recipient.
The collection order for the recipient of the beneficiary is really for submission to this bank within 10 calendar days from the date of its preparation.
The Bank of the Recipient, who accepted the collection order in order to recover funds, is obliged to present a collection order to the payer's bank. Dates of such presentation Bank of Russia for some reason does not specify.
When calculating collection orders, non-standard orders provided for by paragraph 1.11 of provisions No. 383-P may be applied.

Checking calculations
Regarding this, very exotic today, the form of calculations The regulator was extremely concise. Probably it would be possible to do without this section in position No. 383-P, but from Civil Code Words will not throw out, so I had to fit.
As a result, the checks got several paragraphs, on the basis of which the bank wishing to work with them can develop internal rules, practically without limiting their fantasies: cash flows are carried out in accordance with federal law and contract; The check should contain details established by the Federal Law, and may also contain details determined by the credit institution; Check form is established by a credit institution; The credit institution is obliged to make sure the authentication of the check, as well as the fact that the check locker is authorized on him; Checks of credit institutions are applied in the implementation of the transfer of funds, with the exception of the transfer of funds by the Bank of Russia.
There is no reference to whether the check can be decorated in electronic form or only in paper.
Add that check in this case serves as a disposal, but not a settlement (payment) document. Based on the checkpoint charged, the credit organization should form its calculated (payment order) or cash (consumable cash Order) Document, thereby substantiate the movement of cash.

Direct debit
And in this section, the requirements of the Bank of Russia are presented short enough.
Calculations in the form of transfer of funds at the request of the recipient of funds (direct debit) are carried out in the manner prescribed by the Federal Law, in accordance with the requirements of Chapter 1, 2 and 4 of provisions No. 383-p.
The recipient of the funds may be the bank, including the payer's bank (for example, in the case when direct debit is made by the debt of the loan borrower in its bank).
When implementing non-cash payments in the form of transfer of funds at the request of the recipient of funds applies:
- payment request;
- Other ("non-standard") Order of the recipient of funds.
It should be noted that the collection orders for this method Calculations do not apply, despite their external similarity with payment requirements.
Interestingly, the Bank of Russia did not indicate the need to compile a payer of the payer of the settlement document (payment requirement) upon receipt of the "non-standard" order during calculations by direct debiting, as provided for in the calculations of collection orders.
If the recipient is a bank, the bank is written off from the bank account of the payer's client, in the presence of a predetermined payer's acceptance, can be carried out by the bank in accordance with the bank account agreement on the basis of the Banking Orders.
Payment request Compiled, it is presented, it is assumed to be executed and executed in electronic form or on paper carrier.
The payment requirement may be brought to the payer's bank through the bank recipient bank or directly to the payer's bank.
The payment request, which is presented through the bank recipient's bank, is valid for the submission of the recipient of funds within 10 calendar days from the date of its preparation.

Conclusion
The new regulatory act of the Bank of Russia, regulating the transfer of translations, has just entered into force, and therefore it is too early to talk about its practical applicability. However, it is safe to argue that clarifications, changes and additions to Regulation No. 383-P will not make it possible to wait: quite a lot of nuances of the implementation of non-cash settlements remained underestimated. At the same time, the topic of the document concerns not only all credit organizations of Russia, but also their customers - organizations and individuals.
In addition, the changes are waiting for the national payment system in the near future; and therefore regulations, including those produced by the Bank of Russia, they also will not avoid this fate.
Therefore, probably, we will return to this topic.
In the meantime, credit organizations should focus on internal documentation: monitoring contracts with clients for their compliance with the new requirements of the Bank of Russia and the development of internal documents on non-cash settlements.

M. Posadskaya, banking methodologist

In 2017, changes in the design and preparation of payment documents were introduced to transfer taxes and insurance premiums. Below are the rules for filling out the fields of a new payment order - bills - to transfer taxes PPFL, UNVD, USN and insurance premiums in the FTS of the Russian Federation and the FSS - Socration. As well as the use of CCT in non-cash calculations.

New payment order - payment in 2019

When paying taxes and insurance premiums to the budget, use typial blanks of payment orders. The form and field of the payment order, the numbers and names of its fields are given in Appendix 3 to the Regulation approved by the Bank of Russia of June 19, 2012 No. 383-p.

What does the estimate of the estimates need to be filled in the payment? Rules for filling out new payment orders in 2019 when transferring tax payments to the budget approved by the Order of the Ministry of Finance of Russia dated November 12, 2013 No. 107n . These rules apply to all who lists payments in budget System RF:

  • payers of taxes, fees and insurance premiums;
  • tax agents;
  • customs payers and other payments in the budget.

Kassa needed with all non-cash calculations

Changed the requirement at which methods of calculations it is necessary to apply the CCT. The law appeared the concept of "cashless settlement procedures". Before the amendments, it was necessary to apply the CCT only in cash payments and cashless payment using electronic payments (ESP). The definition of ESP is in the law of 27.06.2011 No. 161-FZ "On the National Payment System". This, for example:

  • bank card;
  • any electronic wallets;
  • online bank, etc.

CCC with cashless calculations: what has changed

It was

The CCP is used when receiving or paying funds using cash and (or) electronic means of payment for sold goods performed, the work performed, the services provided ...

Became

The CCP is used when receiving (receiving) and pay cash in cash and (or) in cashless procedure for goods, work, services ...

From July 3, 2018, the law requires the use of the CCP in any way of cashless payment. For example, when paying for a receipt or payment order through a bank. But additionally, the checks will be published only from July 1, 2019. Non-cash payments other than electronic funds, freed from the CCT until July 1, 2019 (clause 4 of Art. 4 of the Law of 03.07.2018 No. 192-FZ).

Answers to frequent questions

Do I need to use the CCC now with non-cash calculations with individuals?

Yes need. From July 1, 2018, it is necessary to apply CCT, but only when calculating using electronic means of payment. For example, when paying through electronic wallets and online bank. According to new methods of non-cash payment, there is a delay before July 1, 2019. That is, when paying for receipts and payment orders, throughout the operator in the CCC Bank, it will be necessary to be applied only from July 1, 2019. This follows from paragraph 1 of Article 1.2, paragraph 21 of Article 1.1 of the Law of 22.05.2003 No. 54-FZ, paragraph 4 of Article 4 of the Law of 03.07.2018 No. 192-FZ.

Is it necessary to use a CCT with cashless calculations with organizations and IP?

No, with non-cash calculations with organizations and IP, it is not necessary to use CCC in principle. Exception - calculations with the presentation of the electronic means of payment. For example, when calculating the card. If the calculations pass through the client-bank system, then the CCT is not required. This is non-cash payment without the presentation of the electronic payment. This is stated in the law of 05/22/2003 No. 54-FZ.

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Since June 2018, new rules of non-cash settlements

These changes concern all organizations and entrepreneurs.

From June 1, 2018, change the rules of non-cash settlements (the law of July 26, 2017 No. 212-ФЗ). Previously, the bank could ask the client to clarify the payment. The bank rejected the payment only if the client did not answer. Now, after the bank adopted a payment order, he must:

  • make sure the payer has the right to dispose of money;
  • check if the payment is responsible for the established requirements;
  • find out whether money is enough on the payment account;
  • run other banking instructions procedures.

According to the new rules, the Bank cannot ask the client to clarify the content of the payment. This means that the Bank from June 1, 2018 is formally entitled to refuse due to any error in the payment (). An error can be corrected only if there is an internal bank instruction that allows you to request a refinement from the client. For late payment due to inaccuracies in payment, counterparties will have to pay a penalty or legal interest, and the IFTS - penalties.


New rules for filling out payment orders for personal inciping NDFL from August 1, 2016

In field 110 When transferring taxes since 2015, it will not be necessary to fill in the field "110" indicate in it the type of payment (penalties, interest, fine, debt). Type of payment of tax authorities and funds can be identified by the CBC.

Payment amount in words field 6 indicated only in payments on paper, in electronic version The amount is not affixed.

In field 21 "" You need to write a digit 5 , and before 3.

Note: Changes are made in. The bank should not refuse to accept a paper payment order if it is incorrectly filled with the requisition of the "Trement". Esley yours servicing bank Refused to fulfill the payment for this reason, this can be reported to the Central Bank. (Letter from the Ministry of Finance from 04.10.2017 No. 05-09-06 / 64623)

In field 22 Requisite " The code"Cash transfer orders are indicated by a unique accrual identifier. WIN.
Writing instead of Win value 0 if the payment you list yourself, and not on demand.

The requirement to fill the requisite "Code" applies to orders on the transfer of funds, the forms of which are established by the Regulation of the Bank of Russia No. 383-p.

Note: Clarified what the Uin value to put the code to the details in the payment order field 22.

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Payment of taxes for third parties: how to fill out the payment

Since November 30, 2016, the possibility of transfer to the tax budget for another person (both legal and physical) appeared. FTS told.

Legal entities can list taxes from their account for other organizations, and leaders have the right to repay tax obligations Companies at the expense of their funds. This is true for fees, penalties, penalties, insurance premiums and applies to payers of fees, tax agents and a responsible participant in the consolidated taxpayer group.

Note: FTS of Russia in a letter from 01/25/18 No. ZN-3-22 / [Email Protected] He told how in such cases it is necessary to fill the fields "Inn", "checkpoint" and "payer" of payment documents.

In filling out the field of payment 24 « Purpose of payment»The following information is indicated related to the transfer of funds to the budget and extrabudgetary funds.

For example, when paying insurance premiums in this field, you can specify a short name extrabudgetary fund (FSS, FFOMS or PFR) and registration number Organizations.

If tax lists, specify the name of the tax and for which period it is paid. For example: "Payment of VAT for the first quarter of 2017", "Payment of income tax for the first quarter of 2017."

At the same time, the total number of signs in the "Purpose of Payment" field should not exceed 210 characters (Appendix 11 to the Regulation approved by the Bank of Russia of June 19, 2012 No. 383-P).

For your information

When transferring insurance premiums for current periods In the "Purpose of Payment" field, be sure to specify a month for which contributions are paid. Otherwise, if the organization has overdue debts, the tax will send the funds received for the repayment of this arrears.

If the payment order for the transfer of insurance premiums does not allow to determine the purpose of payment and the period for which payment is made, then, first of all, the fund credits are credited to the repayment of debt formed earlier. And only after that the remaining part of the amount will be counted at the expense of current payments.


Individual entrepreneurs (IP) When filling out the payments, new payment orders 2019 should also indicate the address of their registration or place of residence, enclosed in "//" symbols.

In field 8 The Entrepreneur's payments fill in the name, name, patronymic and in brackets - "IP", as well as the address of registration at the place of residence or address at the place of stay (if there is no place of residence). Before and after information about the address, you must put a sign "//".

Example: Petrov Ivan Petrovich (IP) //G.Moskva, Petrovka 38, Cab.35 //

Put the checkpoint and octo separed divisionfor whose employees the company lists the NDFL

Letter of the Federal Treasury Time from 01.01.2014 to 03/31/2014 appointed by the transition period, during which the Uin can indicate, but not necessarily. From April 1, 2014, the procedure for specifying identifiers will be required.

Number of characters in fields 8 and 16: "Payer" and "Recipient" should not be more than 160.

Note: See the letter of the FIU No.Ad-03-26 / 19355 of 05.12.13

Rules Registration of all other payments, except taxes, contributions and payment of municipal and public services, remain the same.

The taxpayer, who learned that because of the error made in the payment order, the tax is not reflected on the personal account, must make certain actions. Read the topic about them. "

Note: Opened section C for organizations and IP for all taxes and fees. Come at any time. Download completed examples of 2019 payments.


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Details to fill payments on the payment of taxes and contributions will change in 26 regions

From February 4, 2019, it is necessary to be more attentive when filling out payments to pay taxes, contributions, fines and other payments. The Federal Tax Service of Russia reported that the control number of the Federal Treasury will change in a number of regions. The table of compliance of the former and new bank accounts is shown in the letter of FTS of 28.12.18 No. KC-4-8 / [Email Protected].

New NFC numbers will need to be indicated in the payments since February 4. At the same time, the Central Bank set the "transitional" period. So, when completing payments, two bank accounts (old and new) were functioning until April 29, 2019. After this date, payers will need only new details (a letter of the Federal Treasury of December 13, 18 No. 05-04-09 / 27053).

Additional links on the topic
  1. Examples of payment of payments to the tax
    The rules for filling out payment orders when transferring payments to the budget approved by the Order of the Ministry of Finance of Russia dated 12-11-2013 No. 107n. They apply to all who lists payments: tax payers, fees and insurance premiums.

  2. The rules for specifying information in details 104 - 110, "Code" and "Purpose of payment" in drawing up orders to transfer funds to pay taxes, insurance fees and other payments to the budget system of the Russian Federation.

  3. The rules for the indication of information identifying a person or body, who has been making a disposal to transfer funds to pay payments to the budget system of the Russian Federation. Code in the 101 payment field.

  4. the taxpayer, who learned that because of the error made in the payment order, the tax was not reflected on the personal account, should take the following actions ...

Calculations on the letter of credit The position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the implementation of the transfer of funds"

cashless commission letter of credit check

When calculating the letter of credit, the bank operating by order of the payer on the opening of the letter of credit and in accordance with its instructions (hereinafter referred to as a bank-issuer), it undertakes to transfer funds to the recipient of funds, subject to submission to the recipient of the documents stipulated by the letter of credit and confirming the fulfillment of its conditions ( Next - the execution of the letter of credit), or gives the authority to another bank (hereinafter - the executing bank) to execute the letter of credit. As an executing bank, a bank-issuer can act, the bank recipient or other bank. The Issuer Bank has the right to open a letter of credit on his own behalf and at his own expense. In this case, the Issuer Bank is a payer.

The letter of credit is separate and independent of the main contract. The execution of the letter of credit is carried out on the basis of the submitted documents.

The transfer of a letter of credit, changes in the conditions of the letter of credit, applications, notifications, notifications and other exchange of information on the letter of credit can be carried out in electronic form or on paper using any means of communication, allowing to reliably install the sender.

Upon receipt of the letter of credit, changes in the conditions of the letter of credit, applications, notifications, notifications and other information on the letter of credit, the Bank complies with the relevant procedures for admission to the execution of orders.

The discovery of the letter of credit is carried out by the Issuer Bank on the basis of the statement of the payer on the opening of the letter of credit, which is established in the manner prescribed by the Bank. The consent of the executing bank for execution of the letter of credit does not prevent its execution by the Issuer Bank.

Requisites and shape (on paper) Letter of credit are set by the Bank. The letter of credit should indicate the following mandatory information: the position of the Central Bank of the Russian Federation dated 19.06.2012 No. 383-P "On the rules for the transfer of funds for money"

  • 1) number and date of the letter of credit;
  • 2) the amount of the letter of credit;
  • 3) Details of the payer;
  • 4) the requisites of the Issuer Bank;
  • 5) recipients of the recipient of funds;
  • 6) details of the executing bank;
  • 7) type of letter of credit;
  • 8) the validity of the letter of credit;
  • 9) the method of execution of the letter of credit;
  • 10) a list of documents submitted by the recipient of funds and the requirements for the represented documents;
  • 11) Purpose of payment;
  • 12) the deadline for submitting documents;
  • 13) the need to confirm (if any);
  • 14) Payment of the commission of banks.

In the letter of credit, other information may be indicated.

When receiving a letter of credit from the bank-issuer with the authority to execute the executing bank in the event of disagreement to take the authority to execute the letter of credit, it is obliged to inform the bank-issuer no later than three working days from the date of receipt of the letter of credit.

The executing bank reports the conditions of the recipient of funds received from the issuer bank-issuer. In accordance with the authority provided by the Issuer Bank, the executing bank can attract the letter of credit conditions to another bank, including the Recipient Bank, which is notified by the executing bank on the date of reporting the conditions of the letter of credit funds. In the case of his disagreement or inability to inform the conditions of the letter of credit to the Bank, the Bank informs the executing bank about it no later than three working days from the date of receipt of the letter of credit. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

Money transfer to the executing bank as a coverage on a covered (deposited) letter of credit is carried out by the payment order of the issuer's bank with an indication of information that allows you to establish a letter of credit, including the date and number of the letter of credit.

At the request of the issuer's bank, irrevocable letter of credit can be confirmed by the executing bank, which is notified by the Issuer bank on the date of confirmation of the letter of credit. In the case of his disagreement, confirming the letter of credit the executing bank notifies the bank-issuer no later than three working days from the date of receipt of the letter of credit. Unless otherwise provided by the terms of the letter of credit, the executing bank is entitled to inform the condition of the letter of credit to the tools without its confirmation.

In case of changing conditions or cancellation of the letter of credit, the payer submits a corresponding statement to the bank-issuer. In accordance with the application received, the bank-issuer sends a notice to the executing bank to change the conditions or cancellation of the letter of credit. The executing bank, on the basis of the notice received from the bank-issuer, informs the recipient of means of changing the conditions or cancellation of the letter of credit. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

Partial adoption of changes in the letter of credit by the recipient of funds is not allowed.

Conditions without review letter of credit They are amended or irrevocable letter of credit is canceled from the day following the day after the day of receipt by the execution of a recipient of the recipient with his consent, which the executing bank is notified by the Issuer bank no later than three working days from the date of receipt of the recipient's application. The consent of the recipient of funds for changing the conditions of an irrevocable letter of credit can be expressed by submission of documents corresponding to the changed conditions of the letter of credit.

The conditions of a confirmed letter of credit are considered to be changed or a letter of credit is considered canceled from the day following the day after the day of receipt by the bank-issuer's agreement of the confirmation bank and the recipient of funds.

When the letter of credit and the emergence of doubts in the correctness of the instructions of the records of the letter of credit, the executing bank is entitled to send a request for an arbitrary form to the Emitter Bank. The clarification of the records of the letter of credit is carried out within the limits of the status of the letter of credit. At the same time, the executing bank can pre-notify the recipient of the beneficiary or the recipient of the recipient of the opening of the letter of credit to the beneficiary.

To fulfill the letter of credit, the recipient of funds is in the executing bank (at the location of its location), including through the bank, who told the recipient of funds the letter of credit, the documents stipulated by the terms of the letter of credit, during the term of the letter of credit and within the limits provided for by the terms of the letter of credit for the submission of documents. If the expiration date of the letter of credit, the period for submission of documents falls on a non-working day, the recipient of funds can submit documents on the first working day after the day of the expiration of the appropriate term. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

Recipient can submit documents directly to the Issuer bank. On a covered (deposited) letter of credit Bank-issuer is obliged to request a confirmation from the executing bank that the recipient of funds did not see one to the executing bank, and it is entitled to demand from the executing bank to return the coverage amount on the basis of a request confirming the submission of documents by the recipient of funds to the issuer, and In the case of a confirmed letter of credit - also the execution of the letter of credit by the Issuer Bank. In this case, the executing bank returns the amount of coverage no later than the working day following the day of receiving the request of the issuer's bank.

In cases provided for by the terms of the letter of credit, documents in the executing bank can be submitted electronically. The procedure for submitting documents in electronic form is determined by agreement between the issuer's bank and the executive bank and communicate to the recipient.

The bank (executing bank, bank-issuer) checks the compliance of the external signs of the submitted documents and their details of the requirements provided for by the terms of the letter of credit, as well as the absence of contradictions between the documents. Documents containing discrepancies with the terms of the letter of credit and (or) contradictions with other submitted documents are recognized as not to the corresponding conditions of the letter of credit.

The validity period of documents should not exceed five working days following the day of receiving documents. In case of non-compliance with the specified period, the Bank is not entitled to refer to the inconsistency of the presented documents of the letter of credit. When submitting documents in less than five working days before the expiration of the letter of credit, the executing bank is entitled to verify the documents within the five-day period, while the closing of the letter of credit until the end of the specified period is not implemented. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

When establishing the compliance of the presented documents, the Acting Bank executes the letter of credit.

The execution of the letter of credit can be carried out by the Bank in the following ways:

  • 1) directly on the submission of documents within a period no later than three working days from the date of the Bank's adoption of a decision on the compliance with the recipient of the documents by the conditions of the letter of credit, but no later than three working days after the expiration of the five-day period established to verify the documents submitted;
  • 2) with a delay of execution to a certain (defined) terms of the letter of credit date (dates) or set time Starting from the date of the commission of certain actions, including the submission of documents, shipment of goods;
  • 3) in a different way, provided for by the terms of the letter of credit.

The execution of the letter of credit is carried out through the transfer of funds by the payment order of the executing bank to the bank account of the beneficiary or by enrolling the relevant amount on the Bank's bank account in the execution bank.

In the execution of uncovered (guaranteed) letter of credit, the executing bank is entitled not to fulfill the letter of credit to the receipt of funds from the bank-issuer, with the exception of the case of confirmation of the letter of credit by the Bank.

In the execution of a revitalized letter of credit, the executing bank performs the execution of the letter of credit in the full amount and at the currently active conditions of the letter of credit, if the recipient of the funds did not receive from the bank-issuer notice to the abolition of a letter of credit or a change in other conditions of the letter of credit, in terms of the amount of the letter of credit - upon receipt of from the bank Issuer notice to reduce the amount of the letter of credit.

After execution of the letter of credit, the executing bank sends a notice of the letter of credit to the issuing bank, indicating the amount of execution and the application of the documents submitted no later than three working days after the execution of the letter of credit. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

When establishing the inconsistency of the presented documents on external signs of the letter of credit, the executing bank is entitled to refuse the letter of credit by notifying the recipient of funds and the issuer, indicating that all discrepancies caused by refusal. The executing bank, including to indicate the recipient of the means, can pre-request a bank-issuer on the consent to adopt submitted documents with discrepancies. In this case, the documents are on storage in the executing bank before receiving an answer to the issuer.

The recipient of the means has the right to re-submit documents provided for by the terms of the letter of credit before the expiration of its validity period within the limits of the status of the letter of credit for the submission of documents.

Upon receipt of a request from the executing bank about the consent, to adopt submitted documents with discrepancies, the bank-issuer is entitled to refuse documents with discrepancies and the execution of the letter of credit or to pre-request a payer about the possibility of adopting these documents.

If the payer gives a bank-issuer agreement to the adoption of submitted documents with discrepancies, the Emitter Bank has the right to agree to the executing bank to execute the letter of credit. If the payer's refusal in making documents with discrepancies, the issuer is obliged to notify the executing bank with an indication of the notice of all discrepancies that cause refusal. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

Notifications are sent to the executing bank once for each presented set of documents.

When establishing a discrepancy on external signs of documents adopted by the executive bank from the recipient of funds, the conditions of the letter of credit the issuer are entitled to demand from the executing bank to return the amounts paid by the recipient of funds by transferred to the executing bank coverage (on a paid (deposited) letter of credit), reimbursement of amounts Charged from a correspondent account opened in the executive bank, or refuse to perform a bank in reimbursement of amounts paid to the recipient of funds (on uncovered (guaranteed) letter of credit).

The return of funds on the letter of credit is carried out by the payment order of the executing bank with an indication of information that allows you to establish a letter of credit, including the dates and accrediting rooms. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

Execution of the letter of credit can be carried out by a person who is not a recipient of funds, if the possibility of such execution is provided for by the terms of the letter of credit and the executing bank expressed its consent to the execution of the letter of credit to a third party.

The execution of the letter of credit to a third party is carried out on the basis of an application for the execution of the letter of credit to a third party submitted by the recipient of funds.

In a statement about the execution of the letter of credit, a third party indicates the amount of the letter of credit (part of it) to be executed by a third party, as well as the conditions of the letter of credit, which can be changed in the direction of the decrease: the position of the Central Bank of the Russian Federation of 19.06.2012 No. 383-P "On the Rules Cash translation

  • 1) price per unit of goods;
  • 2) the expiration date of the letter of credit;
  • 3) deadline for submission of documents in the executing bank;
  • 4) the deadline for shipping goods (performance of work, provision of services).

The size insurance coating, expressed as a percentage (if provided for by the terms of the letter of credit), can be increased to ensure the amount of insurance coverage provided for by the terms of the letter of credit.

In a statement about the execution of the letter of credit, a third party is indicated which documents can be replaced in the execution of the letter of credit, as well as the parties paying for the commission remuneration in the execution of the letter of credit to the third party. Nutrition of the Central Bank of the Russian Federation of 19.06.2012 No. 383-P "On the Rules for the Translation of Cash "

The executing bank reports to a third party who is executed by the letter of credit, the conditions of the letter of credit, taking into account the changes submitted on the application for the execution of the letter of credit.

If a third party fails with the execution of the letter of credit in its favor, through the submission of the relevant statement, the Acting Bank informs the recipient of the funds.

The third person who is fulfilled by the letter of credit is in the executing bank the documents provided for by the terms of the letter of credit, taking into account the changes submitted by the recipient's request.

The executing bank checks the submitted documents in accordance with the requirements of this chapter, after which no later than the third working day following the course of establishing compliance (inconsistencies) of the presented documents of the letter of credit, notifies the recipient of the documents on the submission of documents by a third party.

The recipient of the means has the right to submit documents to the executing bank to submit documents to the executing bank, the replacement of which is allowed in accordance with the application for the execution of the letter of credit, to replace the documents of a third party, which is executed by the letter of credit.

The letter of credit is fulfilled by a third party in the amount specified in the documents presented to them, and the recipient of the means - in the amount of the difference between the amount specified in the documents of a third party, and the amount specified in the recipient's documents. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

If the recipient has not submitted documents to the executing bank to replace during the term of submission of documents or in the documents submitted to them, it contains discrepancies that were not in the documents submitted by the third party, the executing bank is entitled to submit documents to the issuing bank submitted by the third party, or accept documents represented by a third party (if the Issuer Bank is an executing bank).

The closing of the letter of credit in the executing bank is carried out on the grounds provided for by the Federal Law. When closing the letter of credit, the executing bank sends a notification to the bank-issuer with an indication of information that allows you to establish a closed letter of credit, as well as the basis of its closure.

When closing a coated (deposited) letter of credit, the return of unused cash by the Issuer Bank is carried out by the payment order of the executing bank no later than the working day following the day of closing the letter of credit. When returning the amount covered (deposited) letter of credit, notification may not be directed. Position of the Central Bank of the Russian Federation dated 19.06.2012 №383-P "On the rules for the transfer of funds"

The bank-issuer is obliged to enroll the funds returned by the executing bank on a paid (deposited) letter of credit to the payer's bank account with which the amount of coverage was previously written off, no later than the working day following the day of return of funds.

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