Regulations on the issue of payment cards and on operations performed with their use. Legislative framework of the Russian Federation Regulation of the Central Bank 266 p

It does not work Edition from 24.12.2004

Document name	"REGULATION ON THE ISSUE OF BANK CARDS AND ON OPERATIONS CARRIED OUT WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on December 24, 2004 N 266-P)
Document type	position
Host body	TSB RF
Document Number	266-P
Acceptance date	01.01.1970
Revision date	24.12.2004
Registration number in the Ministry of Justice	6431
Date of registration in the Ministry of Justice	25.03.2005
Status	It does not work
Publication	"Bulletin of the Bank of Russia", N 17, 30.03.2005
Navigator	Notes

"REGULATION ON THE ISSUE OF BANK CARDS AND ON OPERATIONS CARRIED OUT WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on December 24, 2004 N 266-P)

This Regulation has been developed on the basis of part two Civil Code of the Russian Federation (Collected Legislation of the Russian Federation, 1996, No. 5, Art. 410; No. 34, Art. 4025; 1997, No. 43, Art. 4903; 1999, No. 51, Art. 6228; 2002, No. 48, Art. 4737 ; 2003, N 2, items 160, 167; N 13, item 1179; N 46 (part I), item 4434; N 52 (part I), item 5034), Federal Law "On central bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52 (Part I), Art. 5032; 2004, No. 27, Art. 2711 ; N 31, article 3233), the Federal Law "On Banks and banking"(Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, article 357; Collection of Legislation of the Russian Federation, 1996, N 6, article 492; 1998, N 31, article 3829; 1999, N 28, article 3459, 3469; 2001, N 26, item 2586; N 33 (part I), item 3424; 2002, N 12, item 1093; 2003, N 27 (part I), item 2700; N 50, 4855; N 52 (part I), item 5033, item 5037; 2004, N 27, item 2711; N 31, item 3233), Federal Law "On currency regulation And currency control"(Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 50, item 4859; 2004, N 27, item 2711) 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 December 17, 2004 N 31) establishes procedure for issuing on the territory of the Russian Federation bank cards(hereinafter referred to as the issue of bank cards) by credit institutions (hereinafter referred to as credit institutions - issuers) and the specifics of the implementation by credit institutions of operations with payment cards, the issuer of which may be credit organisation or a legal entity that is not a credit institution.

Chapter 1. General Provisions

1.1. This Regulation shall apply to credit institutions, with the exception of non-bank credit institutions engaged in deposit and credit operations.

1.2. The requirements of this Regulation do not apply to cards of issuers that are not credit institutions intended for receipt by individuals, legal entities and individual entrepreneurs prepaid goods (works, services, results of intellectual activity).

1.3. The following terms are used in this Regulation:

ATM is an electronic software and hardware complex designed to carry out cash withdrawal (acceptance) operations without the participation of an authorized employee of a credit institution. Money, including using payment cards, and sending instructions to a credit institution to transfer funds from a bank account (deposit account) of a client, as well as to draw up documents confirming the relevant transactions;

personalization - the procedure for applying to the payment card and (or) recording in the memory of the microprocessor, on the magnetic stripe of the payment card information provided for by the rules of the settlement participants;

register of payments for transactions using payment cards (hereinafter referred to as the register of payments) - a document or set of documents containing information on transactions performed using payment cards for a certain period of time, compiled by a legal entity or its structural unit that collects, processes and distributes to participants settlements - to credit institutions of information on transactions with payment cards (processing center), and provided in electronic form and (or) on hard copy;

electronic journal - a document or a set of documents in electronic form, generated over a certain period of time when performing transactions using an ATM and (or) electronic terminal.

1.4. On the territory of the Russian Federation, issuing credit institutions issue bank cards, which are a type of payment cards as a non-cash settlement instrument intended for individuals, including authorized legal entities (hereinafter referred to as holders), to perform operations with funds held by the issuer, in in accordance with the legislation of the Russian Federation and the agreement with the issuer.

1.5. A credit organization has the right to issue bank cards the following types: payment cards, credit cards and prepaid cards.

The payment card is intended for the performance of operations by its holder within the amount of funds (expenditure limit) established by the credit institution - issuer, settlements on which are carried out at the expense of the client's funds in his bank account, or a loan provided by the credit institution - issuer to the client in accordance with with a bank account agreement in case of insufficiency or absence of funds in the bank account (overdraft).

A credit card is intended for its holder to perform transactions, settlements for which are carried out at the expense of funds provided by the credit institution - issuer to the client within the established limit in accordance with the terms of the loan agreement.

The prepaid card is intended for its holder to perform transactions, settlements for which are carried out by the credit institution - issuer on its own behalf, and certifies the right of the holder of the prepaid card to claim the credit institution - issuer for payment for goods (works, services, results of intellectual activity) or the issuance of cash .

1.6. A credit institution (except for a settlement non-bank credit institution) issues settlement cards and credit cards for individuals, legal entities and individual entrepreneurs, prepaid cards - for individuals. A settlement non-banking credit organization issues settlement cards for legal entities and individual entrepreneurs, prepaid cards for individuals.

The issue of bank cards for individuals, individual entrepreneurs, legal entities is carried out by a credit institution on the basis of an agreement providing for transactions using bank cards. Issuance of payment cards and credit cards intended for performing transactions related to their own economic activity credit institution is carried out on the basis of the order of the sole executive body of the credit institution.

1.7. A credit institution is entitled to issue bank cards of other credit institutions - issuers and payment cards of issuers - foreign legal entities that are not foreign banks on the territory of the Russian Federation (hereinafter referred to as distribution of payment cards).

1.8. The specific conditions for the provision of funds for settlements on transactions made using payment cards, credit cards, the procedure for returning the funds provided, as well as the accrual and payment of interest on the specified funds may be determined in the agreement with the client.

Provision by a credit institution of funds to customers for settlements on transactions made using payment cards, credit cards, is carried out by crediting the specified funds to the bank accounts of customers. Fulfillment of obligations to return the provided funds and pay interest on them is carried out by clients in a non-cash manner by debiting or transferring the specified funds from the bank accounts of clients opened with a credit organization - issuer or other credit organization, as well as in cash through the cash desk and (or) ATM - customers - individuals.

The provision by a credit institution to a non-resident client of funds in the currency of the Russian Federation for settlements on transactions made using payment cards, credit cards, by crediting the specified funds to the bank accounts of non-resident clients is carried out without using a special bank account of the non-resident client.

<*>For reference: the terms "acquirer" and "acquiring" are contained in the Glossary of terms used in payment and settlement systems. //Committee on Payment and Settlement Systems - Bank for International Settlements - March 2003 - P. 7.

1.10. A credit institution may simultaneously issue bank cards, acquire payment cards, and distribute payment cards. Issue of bank cards, acquiring of payment cards, as well as distribution of payment cards is carried out by credit institutions on the basis of internal banking rules developed by the credit institution in accordance with the legislation of the Russian Federation, including this Regulation, other regulations of the Bank of Russia, and the rules of settlement participants containing their rights, obligations and the procedure for making settlements between them.

the procedure for the activities of a credit institution related to the issuance of bank cards;

the procedure for the activities of a credit institution related to the acquiring of payment cards;

the procedure for the activities of a credit institution related to the distribution of payment cards;

the procedure for the activities of a credit institution when making settlements for transactions made with the use of payment cards;

a risk management system for transactions involving payment cards, including the procedure for assessing credit risk;

procedure for the credit institution in case of loss by the holder of payment cards;

description of the workflow and technology for processing accounting information on transactions performed using payment cards;

the procedure for storing payment cards before the personalization procedure (hereinafter referred to as non-personalized payment cards) acquired by a credit institution and containing details (name of the issuer, etc.), payment cards after the personalization procedure, as well as an approved list of officials responsible for their storage; the procedure for moving non-personalized payment cards within the credit institution and transferring them for personalization;

the procedure for providing funds to a client in the currency of the Russian Federation and in foreign currency for settlements on transactions made using payment cards, credit cards, and the procedure for the return of these funds, as well as the procedure for calculating interest on the amounts of funds provided and the procedure for paying them by the client in accordance with the legislation of the Russian Federation, including Bank of Russia regulations and this Regulation;

other procedures regulating the issues of settlements on transactions made with the use of payment cards.

1.12. The client makes transactions using payment cards, credit cards bank account(hereinafter referred to as the account of an individual, individual entrepreneur, legal entity, respectively), opened on the basis of a bank account agreement providing for transactions using payment cards, credit cards, concluded in accordance with the requirements of the legislation of the Russian Federation (hereinafter referred to as the bank account agreement).

A non-resident client makes transactions using payment cards, credit cards on a bank account that is not a special bank account opened in the currency of the Russian Federation on the basis of a bank account agreement.

1.13. When a client - an individual performs operations using a prepaid card, a bank account agreement (agreement bank deposit) is not concluded with an individual.

1.14. When making transactions using a payment card, a credit institution is obliged to identify its holder in accordance with paragraph 1 of Article 7 federal law"On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 33 (Part I), Art. 3418; 2002, No. 44, Art. 4296) in the manner prescribed by the Regulations Bank of Russia dated August 19, 2004 N 262-P "On the identification by credit institutions of customers and beneficiaries in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism", registered by the Ministry of Justice of the Russian Federation on September 6, 2004 N 6005 (" Bulletin of the Bank of Russia" dated September 10, 2004 N 54).

Chapter 2. Operations performed with the use of payment cards

2.1. Operations can be performed on one client account using several payment cards, credit cards issued by a credit institution - issuer to the client (a person authorized by the client).

2.2. Transactions can be performed on several customer accounts using one payment card or credit card issued by the credit institution - issuer to the customer (person authorized by the customer).

2.3. A client - an individual performs the following operations using a bank card:

receipt of cash in the currency of the Russian Federation or foreign currency on the territory of the Russian Federation;

receiving cash in foreign currency outside the Russian Federation;

payment for goods (works, services, results of intellectual activity) in the currency of the Russian Federation on the territory of the Russian Federation, as well as in foreign currency - outside the territory of the Russian Federation;

other transactions in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation does not establish a prohibition (restriction) on their performance;

A client - an individual can carry out the operations specified in this clause using payment cards, credit cards, on bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts opened in foreign currency.

A client - an individual can carry out the operations specified in this paragraph using prepaid cards at the expense of funds in the currency of the Russian Federation and (or) in foreign currency, deposited for settlements using a prepaid card.

2.4. Customers - individuals using bank cards can carry out transactions in a currency other than the currency of an individual's account, the currency of funds deposited for settlements using a prepaid card, in the manner and on the terms established in the bank account agreement (an agreement providing for transactions with using prepaid cards). When performing the transactions specified in this paragraph, the currency received by the credit institution - issuer as a result of the conversion operation, shall be transferred to the destination without being credited to the account of the client - an individual.

2.5. The client - a legal entity, an individual entrepreneur performs the following operations using payment cards, credit cards:

receipt of cash in the currency of the Russian Federation for implementation on the territory of the Russian Federation in accordance with the procedure, established by the Bank Russia, settlements related to business activities, including payment of travel and hospitality expenses;

payment of expenses in the currency of the Russian Federation related to business activities, including the payment of travel and hospitality expenses, on the territory of the Russian Federation;

other transactions in the currency of the Russian Federation on the territory of the Russian Federation, in respect of which the legislation of the Russian Federation, including the regulations of the Bank of Russia, does not establish a ban (restriction) on their performance;

receipt of cash in foreign currency outside the territory of the Russian Federation to pay for travel and hospitality expenses;

payment of travel and hospitality expenses in foreign currency outside the territory of the Russian Federation;

other transactions in foreign currency in compliance with the requirements of the currency legislation of the Russian Federation.

A client - a legal entity, an individual entrepreneur can carry out, using payment cards, credit cards, the operations specified in this clause on bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts opened in foreign currency.

2.6. Clients - legal entities, individual entrepreneurs using payment cards, credit cards can carry out transactions in a currency other than the currency of the account of a legal entity, individual entrepreneur, in the manner and on the terms established in the bank account agreement. When performing the transactions specified in this paragraph, the currency received by the credit institution - issuer as a result of the conversion operation, shall be transferred to the destination without being credited to the account of the client - legal entity, individual entrepreneur.

2.7. In case of absence or insufficiency of funds in the bank account when the client makes transactions using a payment card, the client may be granted an overdraft to carry out this settlement transaction within the limit provided for in the bank account agreement if there is a corresponding condition in the bank account agreement.

2.8. When issuing payment cards, credit cards, credit organizations may provide in the bank account agreement, loan agreement a condition for the client to carry out transactions using card data, the amount of which exceeds:

the balance of funds on the client's bank account in the event that the conditions for granting an overdraft are not included in the bank account agreement;

overdraft limit;

credit limit specified in the loan agreement.

Settlements for these transactions may be carried out by providing a loan to the client in the manner and on the terms stipulated by the bank account agreement or the loan agreement, taking into account the norms of this Regulation.

In the absence in the bank account agreement, the loan agreement of the conditions for granting a loan to the client for the specified operations, the repayment of the debt incurred by the client is carried out in accordance with the legislation of the Russian Federation.

Write-off or crediting of funds for transactions made with the use of payment cards is carried out no later than the business day following the day the credit institution receives the register of payments or the electronic journal.

If the register of payments or the electronic journal is received by the credit institution - issuer (credit institution - acquirer) before the day preceding the day of debiting or crediting funds from the correspondent account of the credit institution - issuer (credit institution - acquirer) opened with the credit institution carrying out settlements between the participants of settlements on transactions using payment cards (settlement agent), or on the day of receipt of funds deposited for settlements using a prepaid card, then settlements on transactions made using payment cards are incomplete until the specified moment from the date of receipt of the register of payments or electronic journal.

Chapter 3. Documents on transactions performed using payment cards

3.1. When performing a transaction using a payment card, documents are drawn up in hard copy and (or) in electronic form (hereinafter referred to as the document on transactions using a payment card). The document on transactions using a payment card is the basis for making settlements on the specified transactions and (or) serves as confirmation of their completion.

3.2. When drawing up a document on transactions using a payment card, analogues of a handwritten signature (hereinafter - HSA) can be used. The use of HSA by credit institutions and clients is carried out in accordance with the legislation of the Russian Federation and the agreement between the credit institution and the client.

3.3. The document on transactions using a payment card must contain the following required details:

identifier of an ATM, electronic terminal or other technical means intended for making transactions using payment cards;

type of operation;

transaction date;

transaction amount;

transaction currency;

the amount of the commission (if any);

payment card details.

The document on transactions with the use of a payment card on paper must additionally contain the signature of the payment card holder and the signature of the cashier when it is drawn up in the premises for performing transactions with valuables of the credit institution and its structural divisions, as well as in the organization and its structural divisions that carry out operations for receiving or the issuance of cash using payment cards in cases provided for by the legislation of the Russian Federation (hereinafter referred to as the cash withdrawal point (PVN)).

In the case of using the ASA when compiling a document on transactions using a payment card in the PVN, the requirements for the presence of the signature of the holder of the payment card and the signature of the cashier are considered fulfilled in relation to a copy of the specified document drawn up on paper.

3.4. The document on transactions using a payment card may contain additional details established by the rules of settlement participants or internal bank rules.

3.5. If a document on transactions using a payment card is drawn up without an authorization procedure, but at the same time an obligation arises for the issuer to the acquirer to execute this document, the authorization code is not indicated in it.

3.6. The mandatory details of the document for transactions using a payment card specified in paragraph 3.3 of these Regulations must contain signs that allow you to reliably establish a correspondence between the details of the payment card and the corresponding account of an individual, legal entity, individual entrepreneur, as well as between identifiers of trade organizations (services), PVN , ATMs and bank accounts of trade organizations (services), PVN, ATMs.

3.7. The document on transactions using a payment card is drawn up in the number of copies established by the internal bank rules or the rules of settlement participants.

3.8. When issuing or receiving cash in the currency of the Russian Federation or in foreign currency using payment cards, in addition to documents on transactions using payment cards, in addition to documents on transactions using payment cards, cash receipt (expenditure) orders may be issued, provided for by Regulation of the Bank of Russia dated October 9, 2002 No. 199-P "On the procedure for maintaining cash transactions in credit institutions on the territory of the Russian Federation "registered by the Ministry of Justice of the Russian Federation on November 25, 2002 N 3948; January 6, 2004 N 5378; June 15, 2004 N 5844 ("Bulletin of the Bank of Russia" dated December 10, 2002 N 66; dated 14.01. 2004 N 2, N 3; dated June 17, 2004 N 35) (hereinafter referred to as Bank of Russia Regulation N 199-P), and a document confirming the conduct of operations with cash currency and checks, and the Register of operations with cash currency and checks, stipulated by the Instruction of the Bank of Russia dated April 28, 2004 N 113-I "On the procedure for opening, closing, organizing the work of exchange offices and the procedure for implementing authorized banks certain types banking operations and other transactions with cash foreign currency and the currency of the Russian Federation, checks (including traveller's checks), nominal cost of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on June 2, 2004 N 5824 ("Bulletin of the Bank of Russia" dated June 9, 2004 N 33) (hereinafter referred to as Instruction of the Bank of Russia N 113-I).

The register of transactions with cash currency and checks, as well as a document confirming the conduct of transactions with cash currency and checks, provided for by Instruction of the Bank of Russia N 113-I, are not drawn up when issuing (accepting) at the PVN of a credit institution to customers - individuals (from customers - individuals persons) using payment cards in cash in the currency of the Russian Federation from accounts (to accounts) in the currency of the Russian Federation

On the Zakonbase website you will find the "REGULATION ON ISSUE OF BANK CARDS AND ON OPERATIONS CARRIED OUT WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on December 24, 2004 N 266-P) in a fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

At the same time, you can download the "REGULATION ON THE ISSUE OF BANK CARDS AND ON OPERATIONS CARRIED OUT WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on December 24, 2004 N 266-P) completely free of charge, both in full and in separate chapters.

) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, item 3469; 2001, N 26, item 2586; N 33, item 3424; 2002, N 12, item 1093; 2003, N 27, item 2700; N 50, item 4855; N 52 , item 5033, item 5037; 2004, N 27, item 2711; N 31, item 3233; 2005, N 1, item 18, item 45; N 30, item 3117; 2006, N 6, 636; N 19, item 2061; N 31, item 3439; N 52, item 5497; 2007, N 1, item 9; N 22, item 2563; N 31, item 4011; N 41 , item 4845; N 45, item 5425; N 50, item 6238; 2008, N 10, item 895; N 15, item 1447; 2009, N 1, item 23; N 9, item 1043 ; N 18, item 2153; N 23, item 2776; N 30, item 3739; N 48, item 5731; N 52, item 6428; 2010, N 8, item 775; N 19, item 2291; N 27, item 3432; N 30, item 4012; N 31, item 4193; N 47, item 6028; 2011, N 7, item 905; N 27, item 3873, item 3880; N 29, item 4291; N 48, item 6730; N 49, item 7069; N 50, item 7351; 2012, N 27, item 3588), Federal Law of December 10, 2003 N 173-FZ " On currency regulation and currency control" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 50, Art. 4859; 2004, N 27, art. 2711; 2005, N 30, art. 3101; 2006, N 31, Art. 3430; 2007, N 1, art. thirty; No. 22, art. 2563; No. 29, art. 3480; No. 45, Art. 5419; 2008, N 30, art. 3606; 2010, N 47, art. 6028; 2011, N 7, art. 905; No. 27, art. 3873; No. 29, art. 4291; No. 30, Art. 4584; No. 48, Art. 6728; No. 50, Art. 7348, 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 December 17, 2004 N 31) establishes the procedure for issuing (hereinafter referred to as the issue) by credit institutions (hereinafter referred to as the issuing credit institutions) in the territory of the Russian Federation of payment cards (hereinafter referred to as bank cards) and specifics of credit institutions' operations with payment cards, the issuer of which may be a credit institution, foreign bank or foreign organization. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

Chapter 1. General Provisions

1.1. This Regulation applies to credit institutions, with the exception of non-bank credit institutions engaged in deposit and credit operations.

1.2. The requirements of this Regulation do not apply to cards of issuers that are not credit institutions intended for individuals, legal entities and individual entrepreneurs to receive prepaid goods (works, services, results of intellectual activity) of these card issuers. (As amended by the Directive of the Central Bank of the Russian Federation of 14.01.2015 N 3532-U)

1.3. The following terms are used in this Regulation:

register of transactions using payment cards (hereinafter referred to as the register of transactions) - a document or a set of documents containing information on money transfers and other transactions provided for by these Regulations using payment cards for a certain period of time, compiled by a legal entity or its structural unit that collects , processing and distribution to credit institutions of information on transactions with payment cards, and provided in electronic form and (or) on paper; (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

electronic journal - a document or a set of documents in electronic form, formed (generated) by an ATM and (or) electronic terminal for a certain period of time when performing transactions using these devices. (as amended by the Directive of the Central Bank of the Russian Federation of November 15, 2011 N 2730-U)

Paragraph 1 of clause 1.4. - Lost power. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

This Regulation does not establish requirements for the characteristics of a bank card (card with a magnetic stripe, a card with a microprocessor, a "scratch card", a card in electronic form, and others). (As amended by the Directive of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U)

Settlement (debit) card as electronic means payment is used to make transactions by its holder within the spending limit - the amount of the client's funds in his bank account, and (or) a loan provided by the issuing credit institution to the client in case of insufficient or no funds in the bank account (overdraft). (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

A credit card as an electronic means of payment is used by its holder to carry out transactions at the expense of funds provided by the issuing credit institution to the client within the spending limit in accordance with the terms of the loan agreement. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

A prepaid card as an electronic means of payment is used to transfer electronic money, return the balance of electronic money within the amount of funds previously provided by the holder to the issuing credit institution in accordance with the requirements of Federal Law N 161-FZ. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

The issue of bank cards for individuals, individual entrepreneurs, legal entities is carried out by a credit institution on the basis of an agreement providing for transactions using bank cards. The issue of settlement (debit) cards intended for transactions related to the credit institution's own economic activity shall be carried out on the basis of an order of the sole executive body of the credit institution. (As amended by the Instructions of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U, of September 23, 2008 N 2073-U)

The issuer credit institution makes settlements on transactions with settlement (debit) cards, credit cards, prepaid cards subject to the requirements of the currency legislation of the Russian Federation and these Regulations. (As amended by the Directive of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U)

When a credit institution - issuer engages bank payment agents for the distribution of prepaid cards, the occurrence of monetary obligations credit institution on prepaid cards to bank payment agents, including through prepayment of prepaid cards. (As amended by the Instructions of the Central Bank of the Russian Federation of November 15, 2011 N 2730-U, of January 14, 2015 N 3532-U)

The provision by a credit institution of funds to customers for settlements on transactions made using settlement (debit) cards is carried out by crediting the specified funds to their bank accounts. (As amended by the Directive of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U)

The provision by a credit institution of funds to customers for settlements on transactions made using credit cards is carried out by crediting the specified funds to their bank accounts, as well as without using the client’s bank account, if this is provided for by the loan agreement when providing funds in the currency of the Russian Federation to individuals persons, and in foreign currency - to individuals - non-residents. Documentary confirmation of the provision of a loan without using the client's bank account is the register of operations received by the credit institution, unless otherwise provided by the loan agreement. (As amended by the Instructions of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U, of September 23, 2008 N 2073-U, of August 10, 2012 N 2862-U)

Repayment (repayment) of a loan granted for settlements on transactions made using settlement (debit) cards, credit cards is carried out in the manner similar to the procedure established by paragraph 3.1 of the Regulation of the Bank of Russia dated August 31, 1998 N 54-P "On the procedure for providing (placement) by credit institutions of funds and their return (repayment)", registered by the Ministry of Justice of the Russian Federation on September 29, 1998 N 1619, September 11, 2001 N 2934 ("Bulletin of the Bank of Russia" dated October 8, 1998 N 70-71, dated September 19, 2001 N 57-58) (hereinafter - Regulations of the Bank of Russia N 54-P). Individuals can repay the loan in cash using ATMs. (As amended by the Directive of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U)

1.10. A credit institution may simultaneously issue bank cards, acquire payment cards, and distribute payment cards. Issue of bank cards, acquiring of payment cards, as well as distribution of payment cards is carried out by credit institutions on the basis of internal banking rules developed by the credit institution in accordance with the legislation of the Russian Federation, these Regulations, other regulatory acts of the Bank of Russia, agreements, including the rules of payment systems. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

the procedure for the activities of a credit institution related to the issuance of bank cards;

the procedure for the activities of a credit institution related to the acquiring of payment cards;

the procedure for the activities of a credit institution related to the distribution of payment cards;

the procedure for the activities of a credit institution when making settlements for transactions made with the use of payment cards;

risk management system when performing transactions using payment cards, including the procedure for assessing credit risk, as well as preventing risks when using codes, passwords as an analogue of a handwritten signature (hereinafter referred to as HSA), including when processing and recording the results of verification of such codes, passwords ; (As amended by the Directive of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U)

procedure for the credit institution in case of loss by the holder of payment cards;

description of the workflow and technology for processing accounting information on transactions performed using payment cards;

the procedure for providing funds to a client in the currency of the Russian Federation and in foreign currency for settlements on transactions made using settlement (debit) cards, credit cards, and the procedure for returning these funds, as well as the procedure for calculating interest on the amounts of funds provided and the procedure for payment their client in accordance with the legislation of the Russian Federation, these Regulations and other regulatory acts of the Bank of Russia; (As amended by the Instructions of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U, of January 14, 2015 N 3532-U)

other procedures governing the issues of settlements on transactions made using payment cards, including the procedure and terms for submitting the register of transactions, an electronic journal to a credit institution. (As amended by the Instructions of the Central Bank of the Russian Federation of November 15, 2011 N 2730-U, of January 14, 2015 N 3532-U)

the procedure for consideration by the credit institution of holders' applications, including for transactions using payment cards made without the consent of the holders. (As amended by the Directive of the Central Bank of the Russian Federation of 14.01.2015 N 3532-U)

The norms of this paragraph do not apply to transactions performed using credit cards when providing funds to a client without using a bank account in accordance with paragraph 1.8 of these Regulations. (As amended by the Directive of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U)

1.13. The clause has expired. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

1.14. When issuing a payment card, making transactions using a payment card, a credit institution is obliged to identify its holder in accordance with Article 7 of Federal Law No. 115-FZ of August 7, 2001 "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3418; 2002, N 30, Art. 3029; N 44, Art. 4296; 2004, N 31, Art. 3224; 2005, N 47, Art. 4828; 2006 , N 31, item 3446, item 3452; 2007, N 16, item 1831; N 31, item 3993, item 4011; N 49, item 6036; 2009, N 23, item 2776; N 29 , item 3600; 2010, N 28, item 3553; N 30, item 4007; N 31, item 4166; 2011, N 27, item 3873). (As amended by the Instructions of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U, of November 15, 2011 N 2730-U)

1.15. Specific conditions for the calculation and payment of interest (the amount interest rate, terms of payment and other conditions) on the granted loan for settlements on transactions made using settlement (debit) cards, credit cards, and on the balance of the client's funds in his bank account, may be determined in the agreement with the client.

The accrual of interest on the granted loan for settlements on transactions made using settlement (debit) cards, credit cards, and on the balance of funds in the client's bank account is carried out in the manner similar to the procedure established by the Bank of Russia Regulation dated June 26, 1998 N 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks", registered by the Ministry of Justice of the Russian Federation on July 23, 1998 N 1565, on January 26, 1999 N 1688, on December 11, 2007 N 10675 ("Vestnik of the Bank of Russia of August 6, 1998 N 53-54, of August 28, 1998 N 61, of February 4, 1999 N 7, of December 17, 2007 N 69).

Payment by customers of interest on the granted loan for settlements on transactions made using settlement (debit) cards, credit cards, is carried out in the manner similar to the procedure established by paragraph 3.1 of Regulations of the Bank of Russia N 54-P. Individuals can pay interest on the granted loan in cash using ATMs.

Payment by a credit institution of interest accrued on the balance of funds in the client's bank account is carried out on the basis of settlement documents in a cashless manner by crediting funds to the client's bank account. (As amended by the Directive of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U)

Chapter 2. Operations performed with the use of payment cards

2.1. Operations can be performed on one client account using several payment (debit) cards, credit cards issued by a credit institution - issuer to the client (a person authorized by the client). (As amended by the Directive of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U)

2.2. Transactions can be performed on several customer accounts using one settlement (debit) card or credit card issued by the credit institution - issuer to the customer (person authorized by the customer). (As amended by the Directive of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U)

2.3. A client - an individual performs the following operations using a bank card:

receipt of cash in the currency of the Russian Federation or foreign currency on the territory of the Russian Federation;

receiving cash in foreign currency outside the territory of the Russian Federation;

other transactions in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation does not establish a prohibition (restriction) on their performance;

A client - an individual can carry out, using settlement (debit) cards, credit cards, the operations specified in this paragraph on bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts opened in foreign currency.

A client - an individual who is a resident, can carry out the operations specified in this paragraph using credit cards at the expense of a loan in the currency of the Russian Federation without using a bank account.

The use of a prepaid card by a client - an individual is carried out in accordance with the requirements of Federal Law N 161-FZ at the expense of the balance of electronic funds in the currency of the Russian Federation and (or) in foreign currency. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

A client - an individual who is a non-resident, can carry out the operations specified in this clause using credit cards at the expense of a loan in the currency of the Russian Federation, foreign currency without using a bank account. (As amended by the Directive of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U)

2.4. Clients - individuals using settlement (debit) cards, credit cards can carry out transactions in a currency other than the currency of the account, the currency of the loan provided, in the manner and on the terms established in the bank account agreement, loan agreement. Customers - individuals using prepaid cards can make transfers of electronic funds in a currency other than the currency of the balance of electronic funds. When performing the transactions specified in this paragraph, the currency received by the credit institution - issuer as a result of the conversion operation, shall be transferred to the destination without being credited to the account of the client - an individual. (As amended by the Instructions of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U, of August 10, 2012 N 2862-U)

2.5. The client - a legal entity, an individual entrepreneur performs the following operations using settlement (debit) cards, credit cards: (As amended by the Directive of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U)

payment of expenses in the currency of the Russian Federation related to the activities of a legal entity, an individual entrepreneur, including payment of travel and hospitality expenses, on the territory of the Russian Federation; (as amended by the Directive of the Central Bank of the Russian Federation of November 15, 2011 N 2730-U)

receipt of cash in foreign currency outside the territory of the Russian Federation to pay for travel and hospitality expenses;

payment of travel and hospitality expenses in foreign currency outside the territory of the Russian Federation;

other transactions in foreign currency in compliance with the requirements of the currency legislation of the Russian Federation.

A client - a legal entity, an individual entrepreneur can carry out, using settlement (debit) cards, credit cards, the operations specified in this clause on bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts opened in foreign currency. (As amended by the Directive of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U)

The credit institution - the issuer is obliged to determine maximum amount cash in the currency of the Russian Federation, which can be issued to the client - legal entity, an individual entrepreneur within one business day for the purposes specified in this paragraph. It is recommended for a credit institution - issuer to establish for a client - a legal entity, an individual entrepreneur, the possibility of receiving cash in the currency of the Russian Federation for the purposes specified in this paragraph, in an amount not exceeding 100,000 rubles within one business day. (As amended by the Directive of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U)

The client - a legal entity, an individual entrepreneur, uses prepaid cards to transfer electronic money, return the balance of electronic money in accordance with the requirements of Federal Law N 161-FZ. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

2.6. Clients - legal entities, individual entrepreneurs using settlement (debit) cards, credit cards can carry out transactions in a currency other than the currency of the account of a legal entity, individual entrepreneur, in the manner and on the terms established in the bank account agreement. When performing the transactions specified in this paragraph, the currency received by the credit institution - issuer as a result of the conversion operation, shall be transferred to the destination without being credited to the account of the client - legal entity, individual entrepreneur. Clients - legal entities, individual entrepreneurs using prepaid cards can make transfers of electronic money in a currency other than the currency of the balance of electronic money. (As amended by the Instructions of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U, of August 10, 2012 N 2862-U)

2.7. In the absence or insufficiency of funds in the bank account when the client makes transactions using a settlement (debit) card, the client, within the limit provided for in the bank account agreement, may be granted an overdraft to carry out this settlement operation if there is a corresponding condition in the bank account agreement. (As amended by the Directive of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U)

2.8. When issuing settlement (debit) cards, credit cards, credit institutions may provide in the bank account agreement, loan agreement a condition for the client to carry out transactions using these cards, the amount of which exceeds: (As amended by the Directive of the Central Bank of the Russian Federation of September 21, 2006 N 1725-U)

the balance of funds on the client's bank account in the event that the conditions for granting an overdraft are not included in the bank account agreement;

overdraft limit;

credit limit specified in the loan agreement.

If the register of operations or an electronic journal is received by the issuing credit institution (acquiring credit institution) before the day preceding the day of debiting or crediting funds from the correspondent account of the issuing credit institution (acquiring credit institution) opened with the credit institution mutual settlements between issuing credit institutions (acquiring credit institutions) on transactions using payment cards or on the day of receipt of funds deposited to increase the balance of electronic funds using a prepaid card, transactions using payment cards are incomplete from the date of receipt of the transaction register or electronic magazine before the day of receipt of funds.

3.2. When drawing up a document on transactions using a payment card, an HSA can be used. The use of HSA by credit institutions and clients is carried out in accordance with the legislation of the Russian Federation and the agreement between the credit institution and the client. (As amended by the Directive of the Central Bank of the Russian Federation of September 23, 2008 N 2073-U)

3.3. The document on transactions using a payment card must contain the following mandatory details:

identifier of an ATM, electronic terminal or other technical means intended for making transactions using payment cards;

type of operation;

transaction amount;

transaction currency;

the amount of the commission (if no commission is charged, the acquiring credit institution informs the holder of the payment card with a corresponding inscription about its absence); (as amended by the Directive of the Central Bank of the Russian Federation of November 15, 2011 N 2730-U)

payment card details.

The document on transactions using a payment card on paper must additionally contain the signature of the payment card holder and the signature of the cashier, if it is drawn up in a credit institution and its structural divisions in a room for performing transactions with valuables, as well as in a postal organization performing transactions using payment cards in accordance with Article 18 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication" (Collected Legislation of the Russian Federation, 1999, N 29, Art. 3697; 2003, N 28, Art. 2895; 2004 , N 35, item 3607; 2007, N 27, item 3213; 2008, N 29, item 3418; 2008, N 30, item 3616; 2009, N 26, item 3122) (hereinafter - cash point (PVN). (as amended by the Directive of the Central Bank of the Russian Federation of November 15, 2011 N 2730-U)

3.4. The document on transactions using a payment card may contain additional details established by internal bank rules. (as amended by the Directive of the Central Bank of the Russian Federation of 10.08.2012 N 2862-U)

3.6. The mandatory details of the document on transactions using a payment card specified in paragraph 3.3 of these Regulations must contain signs that allow you to reliably establish the correspondence between the details of the payment card and the corresponding account of an individual, legal entity, individual entrepreneur, account on which funds are (accounted for), the transfer of which was carried out using a prepaid card or credit card at the expense of a provided loan without using a bank account, as well as between identifiers of trade (service) organizations, PVN, ATMs and bank accounts of trade (service) organizations, PVN accounts, ATMs. "On the procedure for conducting cash transactions and the rules for the storage, transportation and collection of banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on May 26, 2008 N 11751, March 23, 2010 N 16687, June 1, 2011 N 20919 ("Bulletin of the Bank of Russia" dated June 6, 2008 N 29-30, dated March 31, 2010 N 18, dated June 16, 2011 N 32) (hereinafter - Regulation of the Bank of Russia N 318-P), Instruction of the Bank of Russia " On the procedure for authorized banks (branches) to carry out certain types of banking operations with foreign currency in cash and operations with checks (including traveler's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on October 1, 2010 of the year N 18595 ("Bulletin of the Bank of Russia" dated October 6, 2010 N 55) (hereinafter referred to as Instruction of the Bank of Russia N 136-I), a document must be drawn up confirming the conduct of operations with foreign currency in cash and checks, and the Register of operations with cash and checks provided for by Instruction of the Bank of Russia N 136-I.)

Chapter 4. Final Provisions

4.1. This Regulation is subject to publication in the Bulletin of the Bank of Russia and comes into force on April 10, 2005.

Chairman
Central Bank
Russian Federation
S.M. IGNATIEV

CENTRAL BANK OF THE RUSSIAN FEDERATION

POSITION

On the issue of payment cards and on transactions made with their use*

Document as amended by:
(Bulletin of the Bank of Russia, No. 60, November 9, 2006);
(Bulletin of the Bank of Russia, No. 58, 10/17/2008);
(Bulletin of the Bank of Russia, No. 71, December 19, 2011);
(Bulletin of the Bank of Russia, No. 67, November 28, 2012) (entered into force on July 1, 2013);
(Bulletin of the Bank of Russia, No. 17, 03/04/2015).
____________________________________________________________________

________________
* Name as amended, put into effect on July 1, 2013 by Bank of Russia directive dated August 10, 2012 N 2862-U. - See the previous edition.

This Regulation is based on the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System" (Collected Legislation of the Russian Federation, 2011, N 27, Art. 3872) (hereinafter - Federal Law N 161-FZ), part two of the Civil Code of the Russian Federation (Collected Legislation of the Russian Federation, 1996, N 5, Art. 410), 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, item 2790; 2003, N 2, item 157; N 52, item 5032; 2004, N 27, item 2711; N 31, item 3233; 2005, N 25, item 2426; N 30, 3101; 2006, N 19, item 2061; N 25, item 2648; 2007, N 1, item 9, item 10; N 10, item 1151; N 18, item 2117; 2008, N 42, article 4696, article 4699; N 44, article 4982; N 52, article 6229, article 6231; 2009, N 1, article 25; N 29, article 3629; N 48, article 5731 ; 2010, N 45, article 5756; 2011, N 7, article 907; N 27, article 3873; N 43, article 5973; N 48, article 6728), Federal Law "On banks and banking activities" (as amended by the Federal Law of February 3, 1996 N 17-FZ) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, art. 357; Collection of Legislation of the Russian Federation, 1996, N 6, art. 492; 1998, N 31, article 3829; 1999, N 28, art. 3459, art. 3469; 2001, N 26, art. 2586; N 33, art. 3424; 2002, N 12, article 1093; 2003, N 27, article 2700; N 50, art. 4855; N 52, art. 5033, art. 5037; 2004, N 27, article 2711; N 31, art. 3233; 2005, N 1, article 18, article 45; N 30, art. 3117; 2006, N 6, article 636; N 19, art. 2061; N 31, art. 3439; N 52, art. 5497; 2007, N 1, article 9; N 22, art. 2563; N 31, art. 4011; N 41, art. 4845; N 45, art. 5425; N 50, art. 6238; 2008, N 10, article 895; N 15, art. 1447; 2009, N 1, article 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, article 775; N 19, art. 2291; N 27, art. 3432; N 30, art. 4012; N 31, art. 4193; N 47, art. 6028; 2011, N 7, article 905; N 27, art. 3873, art. 3880; N 29, art. 4291; N 48, art. 6730; N 49, art. 7069; N 50, art. 7351; 2012, N 27, art. 3588), Federal Law of December 10, 2003 N 173-FZ "On currency regulation and currency control" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 50, art. 4859; 2004, N 27, art. .2711; 2005, N 30, article 3101; 2006, N 31, article 3430; 2007, N 1, article 30; N 22, article 2563; N 29, article 3480; N 45, article 5419 ; 2008, N 30, item 3606; 2010, N 47, item 6028; 2011, N 7, item 905; N 27, item 3873; N 29, item 4291; N 30, item 4584; N 48, art. 6728; N 50, art. organizations (hereinafter referred to as issuing credit institutions) on the territory of the Russian Federation of payment cards (hereinafter referred to as bank cards) and the specifics of credit institutions carrying out transactions with payment cards, the issuer of which may be a credit institution, a foreign bank or a foreign organization.
(Preamble as amended, put into effect on July 1, 2013 by Bank of Russia Directive No. 2862-U dated August 10, 2012. - See previous edition)

Chapter 1. General Provisions

1.1. This Regulation applies to credit institutions, with the exception of non-bank credit institutions engaged in deposit and credit operations.

1.2. The requirements of this Regulation do not apply to cards of issuers that are not credit institutions intended for individuals, legal entities and individual entrepreneurs to receive prepaid goods (works, services, results of intellectual activity) of these card issuers.
(Clause as amended, put into effect on March 15, 2015 by Bank of Russia instruction No. 3532-U dated January 14, 2015. - See previous edition)

1.3. The following terms are used in this Regulation:

the paragraph became invalid on March 15, 2015 - Bank of Russia Directive No. 3532-U dated January 14, 2015 - see previous edition;

personalization - the procedure for applying to the payment card and (or) recording in the memory of the microprocessor, on the magnetic stripe of the payment card information provided by the issuing credit institution;
indication of the Bank of Russia dated August 10, 2012 N 2862-U. - See previous edition)

register of transactions using payment cards (hereinafter referred to as the register of transactions) - a document or a set of documents containing information on money transfers and other transactions provided for by these Regulations using payment cards for a certain period of time, compiled by a legal entity or its structural unit that collects , processing and distribution to credit institutions of information on transactions with payment cards, and provided in electronic form and (or) on paper;
(Paragraph as amended, put into effect on July 1, 2013 by Bank of Russia instruction dated August 10, 2012 N 2862-U. - See previous edition)

electronic journal - a document or a set of documents in electronic form, formed (generated) by an ATM and (or) electronic terminal for a certain period of time when performing transactions using these devices.
indication of the Bank of Russia dated November 15, 2011 N 2730-U. - See previous edition)

1.4. The paragraph became invalid on July 1, 2013 -. - See the previous edition.

This Regulation does not establish requirements for the characteristics of a bank card (a card with a magnetic stripe, a card with a microprocessor, a "scratch card", a card in electronic form, etc.) 2073-U).

1.5. A credit institution is entitled to issue bank cards of the following types: settlement (debit) cards, credit cards and prepaid cards, the holders of which are individuals, including those authorized by legal entities, individual entrepreneurs (hereinafter referred to as holders).

A settlement (debit) card as an electronic means of payment is used to make transactions by its holder within the spending limit - the amount of the client's funds in his bank account and (or) a loan provided by the issuing credit institution to the client in case of insufficient or absence in the bank account cash (overdraft).

A credit card as an electronic means of payment is used by its holder to carry out transactions at the expense of funds provided by the issuing credit institution to the client within the spending limit in accordance with the terms of the loan agreement.

A prepaid card as an electronic means of payment is used to transfer electronic money, return the balance of electronic money within the amount of funds previously provided by the holder to the issuing credit institution in accordance with the requirements of Federal Law N 161-FZ.
(Paragraph as amended, put into effect on July 1, 2013 by Bank of Russia instruction dated August 10, 2012 N 2862-U. - See previous edition)

1.6. A credit institution (except for a settlement non-bank credit institution, a payment non-bank credit institution) issues settlement (debit) cards, credit cards and prepaid cards for individuals, legal entities and individual entrepreneurs. A settlement non-bank credit institution issues settlement (debit) cards for legal entities, individual entrepreneurs, prepaid cards - for individuals, legal entities, individual entrepreneurs. A payment non-banking credit organization issues prepaid cards for individuals, legal entities, and individual entrepreneurs.
indication of the Bank of Russia dated January 14, 2015 N 3532-U. - See previous edition)

The issue of bank cards for individuals, individual entrepreneurs, legal entities is carried out by a credit institution on the basis of an agreement providing for transactions using bank cards. The issue of settlement (debit) cards intended for performing transactions related to the credit institution's own business activities is carried out on the basis of an order of the sole executive body of the credit institution N 1725-U by the instruction of the Bank of Russia dated September 23, 2008 N 2073-U, - see the previous edition).

The issuing credit institution carries out settlements on transactions with settlement (debit) cards, credit cards, prepaid cards, taking into account the requirements of the currency legislation of the Russian Federation and these Regulations U).

1.7. A credit institution has the right to engage banking paying agents to distribute payment cards issued by this credit institution, and also to distribute payment cards issued by other credit institutions on the territory of the Russian Federation (hereinafter referred to as distribution of payment cards).
(Paragraph as amended, put into effect on March 15, 2015 by Bank of Russia instruction dated January 14, 2015 N 3532-U. - See previous edition)

When a credit institution - issuer engages bank payment agents for the distribution of prepaid cards, the credit institution shall not be allowed to incur monetary obligations under prepaid cards to bank payment agents, including through prepayment of prepaid cards.
(Paragraph as amended, put into effect on March 15, 2015 by Bank of Russia instruction dated January 14, 2015 N 3532-U. - See previous edition)
indication of the Bank of Russia dated November 15, 2011 N 2730-U. - See previous edition)

1.8. Specific conditions for the provision of funds for settlements on transactions made using settlement (debit) cards, credit cards, the procedure for the return of funds provided, the procedure for documentary confirmation of the provision and return of funds can be determined in the agreement with the client (paragraph supplemented from November 20, 2006 Instruction of the Bank of Russia dated September 21, 2006 N 1725-U; as amended, put into effect on October 28, 2008 by instruction of the Bank of Russia dated September 23, 2008 N 2073-U - see the previous edition).

. - See the previous edition.

The paragraph has become invalid since November 20, 2006 - instruction of the Bank of Russia dated September 21, 2006 N 1725-U. - See the previous edition.

The provision by a credit institution of funds to customers for settlements on transactions made using settlement (debit) cards is carried out by crediting the specified funds to their bank accounts U).

The provision by a credit institution of funds to customers for settlements on transactions made using credit cards is carried out by crediting the specified funds to their bank accounts, as well as without using the client’s bank account, if this is provided for by the loan agreement when providing funds in the currency of the Russian Federation to individuals persons, and in foreign currency - to non-resident individuals. Documentary confirmation of the provision of a loan without using the client's bank account is the register of operations received by the credit institution, unless otherwise provided by the loan agreement.
(The paragraph was additionally included from November 20, 2006 by Bank of Russia Directive No. 1725-U dated September 21, 2006; as amended by Bank of Russia Directive No. 2073-U dated September 23, 2008; as amended by Bank of Russia Directive No. 10 August 2012 N 2862-U... - See previous edition)

The paragraph, additionally included from November 20, 2006 by the instruction of the Bank of Russia dated September 21, 2006 N 1725-U, became invalid from October 28, 2008 -. - See the previous edition.

Repayment (repayment) of a loan granted for settlements on transactions made using settlement (debit) cards, credit cards is carried out in the manner similar to the procedure established by paragraph 3.1 of the Regulation of the Bank of Russia dated August 31, 1998 N 54-P "On the procedure for providing (placement) by credit institutions of funds and their return (repayment)", registered by the Ministry of Justice of the Russian Federation on September 29, 1998 N 1619, September 11, 2001 N 2934 ("Bulletin of the Bank of Russia" dated October 8, 1998 N 70-71, dated September 19, 2001 N 57-58) (hereinafter - Regulations of the Bank of Russia N 54-P). Individuals can repay the loan in cash using ATMs (the paragraph was additionally included from November 20, 2006 by the Bank of Russia directive dated September 21, 2006 N 1725-U; as amended, put into effect on October 28, 2008 by the Bank of Russia directive dated September 23 2008 N 2073-U, - see the previous edition).

1.9. On the territory of the Russian Federation, credit institutions (hereinafter - credit institutions - acquirers) carry out settlements with organizations of trade (services) on transactions made using payment cards, and (or) issue cash to holders of payment cards that are not clients of these credit institutions ( hereinafter - acquiring).
_______________
For reference: the terms "acquirer" and "acquiring" are contained in the Glossary of terms used in payment and settlement systems. // Committee for Payment and Settlement Systems - Bank for International Settlements - March 2003. P.7.

1.10. A credit institution may simultaneously issue bank cards, acquire payment cards, and distribute payment cards. Issue of bank cards, acquiring of payment cards, as well as distribution of payment cards is carried out by credit institutions on the basis of internal banking rules developed by the credit institution in accordance with the legislation of the Russian Federation, these Regulations, other regulatory acts of the Bank of Russia, agreements, including the rules of payment systems.
indication of the Bank of Russia dated August 10, 2012 N 2862-U. - See previous edition)

1.11. Internal banking rules are approved by the governing body of a credit institution, authorized to do so by its charter, and must be binding on all employees of the credit institution. Internal bank rules, depending on the characteristics of the activities of a credit institution, should contain:

the procedure for the activities of a credit institution related to the issuance of bank cards;

the procedure for the activities of a credit institution related to the acquiring of payment cards;

the procedure for the activities of a credit institution related to the distribution of payment cards;

the procedure for the activities of a credit institution when making settlements for transactions made with the use of payment cards;

risk management system when performing transactions using payment cards, including the procedure for assessing credit risk, as well as preventing risks when using codes, passwords as an analogue of a handwritten signature (hereinafter referred to as HSA), including when processing and recording the results of verification of such codes, passwords (the paragraph has been supplemented since October 28, 2008 by Bank of Russia Directive No. 2073-U dated September 23, 2008 - see the previous edition);

procedure for the credit institution in case of loss by the holder of payment cards;

description of the workflow and technology for processing accounting information on transactions performed using payment cards;

the procedure for storing payment cards before the personalization procedure (hereinafter referred to as non-personalized payment cards) acquired by a credit institution and containing details (name of the issuer, etc.), payment cards after the personalization procedure, as well as an approved list of officials responsible for their storage; the procedure for moving non-personalized payment cards within the credit institution and transferring them for personalization;

the procedure for providing funds to a client in the currency of the Russian Federation and in foreign currency for settlements on transactions made using settlement (debit) cards, credit cards, and the procedure for returning these funds, as well as the procedure for calculating interest on the amounts of funds provided and the procedure for payment their client in accordance with the legislation of the Russian Federation, these Regulations and other regulatory acts of the Bank of Russia;
(Paragraph as amended, put into effect on November 20, 2006 by Bank of Russia Order No. 1725-U of September 21, 2006, Bank of Russia Order No. 3532-U of January 14, 2015. - See previous edition)

other procedures governing the issues of settlements on transactions made using payment cards, including the procedure and terms for submitting a register of transactions, an electronic journal to a credit institution;
(Paragraph as amended, entered into force on December 30, 2011 by Bank of Russia Ordinance No. 2730-U dated November 15, 2011; as amended by Bank of Russia Ordinance No. 3532-U dated January 14, 2015. - See previous edition)

the procedure for consideration by the credit institution of holders' applications, including for transactions using payment cards made without the consent of the holders.
(The paragraph has been additionally included since March 15, 2015 by Bank of Russia instruction No. 3532-U dated January 14, 2015)

1.12. The Client makes transactions using settlement (debit) cards, credit cards on a bank account (hereinafter referred to as the account of an individual, individual entrepreneur, legal entity, respectively) opened on the basis of a bank account agreement providing for transactions using settlement (debit) cards, credit cards concluded in accordance with the requirements of the legislation of the Russian Federation (hereinafter referred to as the bank account agreement) (the paragraph was supplemented from November 20, 2006 by the instruction of the Bank of Russia dated September 21, 2006 N 1725-U - see the previous edition).

The paragraph has become invalid since October 28, 2008 - instruction of the Bank of Russia dated September 23, 2008 N 2073-U. - See the previous edition.

The norms of this clause do not apply to transactions performed using credit cards when providing funds to a client without using a bank account in accordance with clause 1.8 of this Regulation ).

1.13. The clause became invalid on July 1, 2013 - the instruction of the Bank of Russia dated August 10, 2012 N 2862-U. - See the previous edition.

1.14. When issuing a payment card, making transactions using a payment card, a credit institution is obliged to identify its holder in accordance with Article 7 of Federal Law No. 115-FZ of August 7, 2001 "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3418; 2002, N 30, Art. 3029; N 44, Art. 4296; 2004, N 31, Art. 3224; 2005, N 47, Art. 4828; 2006 , N 31, item 3446, item 3452; 2007, N 16, item 1831; N 31, item 3993, item 4011; N 49, item 6036; 2009, N 23, item 2776; N 29 , item 3600; 2010, N 28, item 3553; N 30, item 4007; N 31, item 4166; 2011, N 27, item 3873).
(The clause was supplemented from October 28, 2008 by the Bank of Russia Directive of September 23, 2008 N 2073-U; as amended, put into effect on December 30, 2011 by the Bank of Russia Directive of November 15, 2011 N 2730-U. - See the previous version )

1.15. Specific conditions for the calculation and payment of interest (interest rate, payment terms and other conditions) on the granted loan for settlements on transactions made using settlement (debit) cards, credit cards, and on the balance of the client's funds in his bank account, may be determined in the contract with the client.

The accrual of interest on the granted loan for settlements on transactions made using settlement (debit) cards, credit cards, and on the balance of funds in the client's bank account is carried out in the manner similar to the procedure established by the Bank of Russia Regulation dated June 26, 1998 N 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks", registered by the Ministry of Justice of the Russian Federation on July 23, 1998 N 1565, on January 26, 1999 N 1688, on December 11, 2007 N 10675 ("Bulletin of the Bank of Russia of August 6, 1998 N 53-54, of August 28, 1998 N 61, of February 4, 1999 N 7, of December 17, 2007 N 69).

Payment by clients of interest on the granted loan for settlements on transactions made using settlement (debit) cards, credit cards, is carried out in the manner similar to the procedure established by clause 3.1 of the Regulation of the Bank of Russia N 54-P. Individuals can pay interest on the granted loan in cash using ATMs.

Payment by a credit institution of interest accrued on the balance of funds in the client's bank account is carried out on the basis of settlement documents in a cashless manner by crediting funds to the client's bank account.
(The paragraph was additionally included from October 28, 2008 by Bank of Russia instruction No. 2073-U dated September 23, 2008)

Chapter 2. Operations performed with the use of payment cards

2.1. Operations can be performed on one client account using several settlement (debit) cards, credit cards issued by a credit institution - issuer to a client (a person authorized by a client) by Bank of Russia instruction dated September 21, 2006 N 1725-U, - see the previous edition) .

2.2. Transactions can be made on several customer accounts using one settlement (debit) card or credit card issued by a credit institution - issuer to a customer (a person authorized by the customer) 2006 N 1725-U, - see the previous edition).

2.3. A client - an individual performs the following operations using a bank card:

receipt of cash in the currency of the Russian Federation or foreign currency on the territory of the Russian Federation;

receiving cash in foreign currency outside the territory of the Russian Federation;

payment for goods (works, services, results of intellectual activity) in the currency of the Russian Federation on the territory of the Russian Federation, as well as in foreign currency - outside the territory of the Russian Federation;

other transactions in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation does not establish a prohibition (restriction) on their performance;

A client - an individual can carry out, using settlement (debit) cards, credit cards, the operations specified in this paragraph on bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts opened in foreign currency.

A client - an individual who is a resident, can carry out the operations specified in this paragraph using credit cards at the expense of a loan in the currency of the Russian Federation without using a bank account.

The use of a prepaid card by a client - an individual is carried out in accordance with the requirements of Federal Law N 161-FZ at the expense of the balance of electronic funds in the currency of the Russian Federation and (or) in foreign currency.
(Paragraph as amended, put into effect on July 1, 2013 by Bank of Russia instruction dated August 10, 2012 N 2862-U. - See previous edition)

A client - an individual who is a non-resident, can use credit cards to carry out the operations specified in this clause at the expense of a loan in the currency of the Russian Federation, foreign currency without using a bank account year N 2073-U).
(Clause as amended, put into effect on November 20, 2006 by Bank of Russia instruction No. 1725-U dated September 21, 2006. - See previous version)

2.4. Clients - individuals using settlement (debit) cards, credit cards can carry out transactions in a currency other than the currency of the account, the currency of the loan provided, in the manner and on the terms established in the bank account agreement, loan agreement. Customers - individuals using prepaid cards can make transfers of electronic funds in a currency other than the currency of the balance of electronic funds. When performing the operations specified in this clause, the currency received by the issuing credit institution as a result of a conversion operation shall be transferred to the destination without being credited to the account of an individual customer.
(Clause as amended, entered into force on October 28, 2008 by Bank of Russia Directive No. 2073-U dated September 23, 2008; as amended by Bank of Russia Directive No. 2862-U dated August 10, 2012. - See previous edition)

2.5. The client - a legal entity, an individual entrepreneur performs the following operations using settlement (debit) cards, credit cards edition):

receipt of cash in the currency of the Russian Federation for the purpose of making settlements on the territory of the Russian Federation in accordance with the procedure established by the Bank of Russia related to the activities of a legal entity, an individual entrepreneur, including payment of travel and hospitality expenses;
(Paragraph as amended, put into effect on December 30, 2011 by Bank of Russia directive dated November 15, 2011 N 2730-U. - See previous edition)

payment of expenses in the currency of the Russian Federation related to the activities of a legal entity, an individual entrepreneur, including payment of travel and hospitality expenses, on the territory of the Russian Federation;
(Paragraph as amended, put into effect on December 30, 2011 by Bank of Russia directive dated November 15, 2011 N 2730-U. - See previous edition)

other transactions in the currency of the Russian Federation on the territory of the Russian Federation, in respect of which the legislation of the Russian Federation, including the regulations of the Bank of Russia, does not establish a ban (restriction) on their performance;

receipt of cash in foreign currency outside the territory of the Russian Federation to pay for travel and hospitality expenses;

payment of travel and hospitality expenses in foreign currency outside the territory of the Russian Federation;

other transactions in foreign currency in compliance with the requirements of the currency legislation of the Russian Federation.

A client - a legal entity, an individual entrepreneur can carry out, using settlement (debit) cards, credit cards, the operations specified in this clause on bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts opened in foreign currency (paragraph as amended , put into effect on November 20, 2006 by the instruction of the Bank of Russia dated September 21, 2006 N 1725-U - see the previous edition).

The credit organization - issuer is obliged to determine the maximum amount of cash in the currency of the Russian Federation, which can be issued to a client - a legal entity, an individual entrepreneur within one business day for the purposes specified in this paragraph. It is recommended for a credit institution - issuer to establish for a client - a legal entity, an individual entrepreneur the possibility of receiving cash in the currency of the Russian Federation for the purposes specified in this paragraph, in an amount not exceeding 100,000 rubles within one business day (the paragraph is additionally included from October 28 2008 by the instruction of the Bank of Russia dated September 23, 2008 N 2073-U).

The client - a legal entity, an individual entrepreneur, uses prepaid cards to transfer electronic money, return the balance of electronic money in accordance with the requirements of Federal Law N 161-FZ.
(The paragraph was additionally included from July 1, 2013 by Bank of Russia instruction No. 2862-U dated August 10, 2012)

2.6. Clients - legal entities, individual entrepreneurs using settlement (debit) cards, credit cards can carry out transactions in a currency other than the currency of the account of a legal entity, individual entrepreneur, in the manner and on the terms established in the bank account agreement. When performing the transactions specified in this paragraph, the currency received by the credit institution - issuer as a result of the conversion operation, shall be transferred to the destination without being credited to the account of the client - legal entity, individual entrepreneur. Clients - legal entities, individual entrepreneurs using prepaid cards can make transfers of electronic money in a currency other than the currency of the balance of electronic money.
(Clause as amended, entered into force on November 20, 2006 by Bank of Russia Directive No. 1725-U dated September 21, 2006; as amended by Bank of Russia Directive No. 2862-U dated August 10, 2012. - See previous edition)

2.7. In case of absence or insufficiency of funds in the bank account when the client makes transactions using a settlement (debit) card, the client, within the limit provided for in the bank account agreement, may be granted an overdraft to carry out this settlement operation if there is a corresponding condition in the bank account agreement ( paragraph as amended, put into effect on November 20, 2006 by the instruction of the Bank of Russia dated September 21, 2006 N 1725-U - see the previous version).

2.8. When issuing settlement (debit) cards, credit cards, credit institutions may provide in the bank account agreement, loan agreement a condition for the client to carry out transactions using these cards, the amount of which exceeds Russia dated September 21, 2006 N 1725-U, - see the previous edition):

the balance of funds on the client's bank account in the event that the conditions for granting an overdraft are not included in the bank account agreement;

overdraft limit;

credit limit specified in the loan agreement.

Settlements for these transactions may be carried out by providing a loan to the client in the manner and on the terms stipulated by the bank account agreement or the loan agreement, taking into account the norms of this Regulation.

In the absence in the bank account agreement, the loan agreement of the conditions for granting a loan to the client for the specified operations, the repayment of the debt incurred by the client is carried out in accordance with the legislation of the Russian Federation.

2.9. The basis for compiling settlement and other documents to reflect the amounts of transactions performed using payment cards in the accounting of participants in settlements is the register of operations or an electronic journal.
(Paragraph as amended, put into effect on July 1, 2013 by Bank of Russia instruction dated August 10, 2012 N 2862-U. - See previous edition)

Write-off or crediting of funds for transactions made with the use of payment cards is carried out no later than the business day following the day the credit institution receives the transaction register or electronic journal.
(Paragraph as amended, put into effect on July 1, 2013 by Bank of Russia instruction dated August 10, 2012 N 2862-U. - See previous edition)

If the register of operations or an electronic journal is received by the issuing credit institution (acquiring credit institution) before the day preceding the day of debiting or crediting funds from the correspondent account of the issuing credit institution (acquiring credit institution) opened with the credit institution mutual settlements between issuing credit institutions (acquiring credit institutions) on transactions using payment cards or on the day of receipt of funds deposited to increase the balance of electronic funds using a prepaid card, transactions using payment cards are incomplete from the date of receipt of the transaction register or electronic magazine before the day of receipt of funds.
(Paragraph as amended, put into effect on July 1, 2013 by Bank of Russia instruction dated August 10, 2012 N 2862-U. - See previous edition)

2.10. Clients can carry out transactions using a payment card by means of codes, passwords as part of the procedures for entering them used as HSA and established by credit institutions in contracts with clients U).

Chapter 3. Documents on transactions performed using payment cards

3.2. When drawing up a document on transactions using a payment card, an HSA can be used. The use of the HSA by credit institutions and clients is carried out in accordance with the legislation of the Russian Federation and the agreement between the credit institution and the client (clause as amended, entered into force on October 28, 2008 by Bank of Russia Directive No. 2073-U dated September 23, 2008 - see previous edition).

3.3. The document on transactions using a payment card must contain the following mandatory details:

identifier of an ATM, electronic terminal or other technical means intended for making transactions using payment cards;

type of operation;

transaction date;

transaction amount;

transaction currency;

the amount of the commission (if no commission is charged, the acquiring credit institution informs the holder of the payment card with a corresponding inscription about its absence);
(Paragraph as amended, put into effect on December 30, 2011 by Bank of Russia directive dated November 15, 2011 N 2730-U. - See previous edition)

authorization code;

payment card details.

The document on transactions using a payment card on paper must additionally contain the signature of the payment card holder and the signature of the cashier, if it is drawn up in a credit institution and its structural divisions in a room for performing transactions with valuables, as well as in a postal organization performing transactions using payment cards in accordance with Article 18 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Communication" (Collected Legislation of the Russian Federation, 1999, N 29, Art. 3697; 2003, N 28, Art. 2895; 2004 , N 35, art. 3607; 2007, N 27, art. 3213; 2008, N 29, art. 3418; 2008, N 30, art. 3616; 2009, N 26, art. (PVN).
(Paragraph as amended, put into effect on December 30, 2011 by Bank of Russia directive dated November 15, 2011 N 2730-U. - See previous edition)

In the case of using the ASA when compiling a document on transactions using a payment card in the PVN, the requirements for the signature of the payment card holder and the cashier's signature are considered fulfilled in relation to a copy of the specified document drawn up on paper.

3.4. The document on transactions using a payment card may contain additional details established by internal bank rules.
(Clause as amended, put into effect on July 1, 2013 by Bank of Russia instruction No. 2862-U dated August 10, 2012. - See previous edition)

3.8. When issuing or accepting cash in the currency of the Russian Federation or in a foreign currency using payment cards, the credit institution’s cash desk on the basis of documents on operations using payment cards shall issue cash outflow orders 0402009, incoming cash orders 0402008, respectively, provided for by the Regulation of the Bank of Russia dated 24 April 2008 N 318-P "On the procedure for conducting cash transactions and the rules for the storage, transportation and collection of banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on May 26, 2008 N 11751, March 23, 2010 N 16687, June 1, 2011 N 20919 ("Bulletin of the Bank of Russia" dated June 6, 2008 N 29-30, dated March 31, 2010 N 18, dated June 16, 2011 N 32) (hereinafter - Regulation of the Bank of Russia N 318- P), Instruction of the Bank of Russia dated August 14, 2008 N 2054-U "On the procedure for conducting cash transactions with foreign currency in cash in authorized banks on the territory of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on August 25, 2008 N 12166, April 22, 2011 N 20550 ("Bulletin of the Bank of Russia" dated August 27, 2008 N 46, dated April 27, 2011 N 22) (hereinafter referred to as Instruction of the Bank of Russia N 2054-U), at the time of the transaction using a payment card or for the total amounts of transactions, made with the use of payment cards, upon completion of these transactions.

In the case of carrying out the operations specified in the Instruction of the Bank of Russia dated September 16, 2010 N 136-I "On the procedure for the implementation by authorized banks (branches) of certain types of banking operations with foreign currency in cash and operations with checks (including traveler's checks), the nominal value which are indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on October 1, 2010 N 18595 ("Bulletin of the Bank of Russia" dated October 6, 2010 N 55) (hereinafter - Instruction of the Bank of Russia N 136-I), must a document confirming the conduct of transactions with foreign currency in cash and checks, and the Register of transactions with cash currency and checks, provided for by Instruction of the Bank of Russia N 136-I, are drawn up.
(Clause as amended, put into effect on December 30, 2011 by the instruction of the Bank of Russia dated November 15, 2011 N 2730-U. - See the previous version)

3.9. When clients perform transactions to receive or deposit cash in the currency of the Russian Federation or in foreign currency using payment cards at ATMs, these transactions are processed subject to the requirements of this Regulation. A document confirming the performance of these transactions, provided for by the Regulation of the Bank of Russia N 318-P of the Central Bank
Russian Federation
S.M. Ignatiev

Registered
at the Ministry of Justice
Russian Federation
March 25, 2005
registration N 6431

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

Russian Federation

"REGULATION ON THE ISSUE OF BANK CARDS AND ON OPERATIONS CARRIED OUT WITH THE USE OF PAYMENT CARDS" (approved by the Central Bank of the Russian Federation on December 24, 2004 N 266-P) (as amended on November 15, 2011)

This Regulation has been developed on the basis of part two of the Civil Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, N 5, Art. 410; N 34, Art. 4025; 1997, N 43, Art. 4903; 1999, N 51, Art. 6228 ; 2002, N 48, item 4737; 2003, N 2, items 160, 167; N 13, item 1179; N 46 (part I), item 4434; N 52 (part I), item 5034) , Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; N 52 (Part I), Art. 5032; 2004 , N 27, item 2711; N 31, item 3233), the Federal Law "On Banks and Banking Activities" (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, item 357; Collection of Legislation of the Russian Federation, 1996, N 6, item 492; 1998, N 31, item 3829; 1999, N 28, items 3459, 3469; 2001, N 26, item 2586; N 33 (Part I), item 3424; 2002 , N 12, item 1093; 2003, N 27 (part I), item 2700; N 50, item 4855; N 52 (part I), item 5033, item 5037; 2004, N 27, item 2711; N 31, art. 3233), the Federal Law "On Currency Regulation and Currency Control" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2003, N 50, Art. 4859; 2004, N 27, Art. 2711) and in accordance with the decision of the Board of Directors of the Bank of Russia (Minutes of the Board Directors of the Bank of Russia dated December 17, 2004 N 31) establishes the procedure for the issuance of bank cards in the Russian Federation (hereinafter referred to as the issue of bank cards) by credit institutions (hereinafter referred to as credit institutions - issuers) and the specifics of the conduct by credit institutions of operations with payment cards, the issuer of which may be a credit institution, a foreign bank or a legal entity that is not a credit institution, a foreign bank.

1.1. This Regulation applies to credit institutions, with the exception of non-bank credit institutions engaged in deposit and credit operations.

1.2. The requirements of this Regulation do not apply to cards issued by issuers that are not credit institutions intended for individuals, legal entities and individual entrepreneurs to receive prepaid goods (works, services, results of intellectual activity).

1.3. The following terms are used in this Regulation:

ATM is an electronic software and hardware complex designed to carry out, without the participation of an authorized employee of a credit institution, cash withdrawal (acceptance) operations, including using payment cards, and the transmission of instructions to a credit institution to transfer funds from a bank account (deposit account) client, as well as for the preparation of documents confirming the relevant transactions;

Electronic journal - a document or a set of documents in electronic form, generated (generated) by an ATM and (or) electronic terminal for a certain period of time when performing transactions using these devices.

1.5. A credit institution is entitled to issue bank cards of the following types: settlement (debit) cards, credit cards and prepaid cards.

A settlement (debit) card is intended for transactions by its holder within the amount of funds (expenditure limit) established by the credit institution - issuer, settlements on which are carried out at the expense of the client's funds in his bank account, or a loan provided by the credit institution - issuer to the client in accordance with the bank account agreement in case of insufficiency or absence of funds in the bank account (overdraft).

A prepaid card is intended for its holder - an individual to perform transactions, settlements for which are carried out by a credit institution - the issuer on its own behalf at the expense of funds provided by the holder - an individual, or funds received by the credit institution - issuer in favor of the holder - an individual if the possibility of using the funds received from third parties is provided for by an agreement between the holder - an individual and the credit institution - issuer. A prepaid card certifies the right of its holder - an individual to claim the credit institution - issuer for payment for goods (works, services, results of intellectual activity) or for the issuance of cash.

A credit institution - issuer is obliged to determine the maximum amount within which it assumes obligations under one prepaid card (hereinafter referred to as the prepaid card limit). The prepaid card limit set by the issuing credit institution must not exceed 100,000 rubles or an amount in foreign currency equivalent to 100,000 rubles at the official exchange rate of the Bank of Russia effective on the date of issue of the prepaid card.

Additional provision (transfer) of funds to a credit institution - issuer in order to increase the amount of liabilities of a credit institution - issuer on a prepaid card can be carried out within the limit of a prepaid card (if it is possible to additionally provide (transfer) funds to a credit institution - issuer to increase the amount of obligations of a credit institution - the issuer on a prepaid card is provided for by an agreement between the holder - an individual and the credit institution - the issuer). The total amount of additional provision (transfer) of funds to a credit institution - issuer in order to increase the amount of obligations of a credit institution - issuer on a prepaid card, the holder - an individual of which has not been identified, should not exceed 40,000 rubles during a calendar month.

1.6. A credit institution (except for a settlement non-bank credit institution) issues settlement (debit) cards and credit cards for individuals, legal entities and individual entrepreneurs, prepaid cards - for individuals. A settlement non-banking credit organization issues settlement (debit) cards for legal entities and individual entrepreneurs, prepaid cards - for individuals.

The issue of bank cards for individuals, individual entrepreneurs, legal entities is carried out by a credit institution on the basis of an agreement providing for transactions using bank cards. The issue of settlement (debit) cards intended for transactions related to the credit institution's own economic activity shall be carried out on the basis of an order of the sole executive body of the credit institution.

1.7. A credit institution has the right to engage banking paying agents to distribute payment cards issued by this credit institution, and also to distribute payment cards issued by other credit institutions, foreign legal entities that are not foreign banks (hereinafter referred to as payment card distribution) on the territory of the Russian Federation.

When a credit institution - issuer engages bank payment agents for the distribution of prepaid cards, the credit institution shall not be allowed to incur monetary obligations under prepaid cards to bank payment agents - legal entities, including by prepayment for prepaid cards.

Paragraphs two and three - Lost force.

The provision by a credit institution of funds to customers for settlements on transactions made using settlement (debit) cards is carried out by crediting the specified funds to their bank accounts.

The provision by a credit institution of funds to customers for settlements on transactions made using credit cards is carried out by crediting the specified funds to their bank accounts, as well as without using the client’s bank account, if this is provided for by the loan agreement when providing funds in the currency of the Russian Federation to individuals persons, and in foreign currency - to individuals - non-residents. Documentary confirmation of the provision of a loan without using the client's bank account is the register of payments received by the credit institution, unless otherwise provided by the loan agreement.

Paragraph 6 - Repealed.

1.10. A credit institution may simultaneously issue bank cards, acquire payment cards, and distribute payment cards. Issue of bank cards, acquiring of payment cards, as well as distribution of payment cards is carried out by credit institutions on the basis of internal banking rules developed by the credit institution in accordance with the legislation of the Russian Federation, including this Regulation, other regulatory acts of the Bank of Russia, and the rules of participants in settlements containing them. rights, obligations and procedure for settlements between them.

the procedure for the activities of a credit institution related to the issuance of bank cards;

the procedure for the activities of a credit institution related to the acquiring of payment cards;

the procedure for the activities of a credit institution related to the distribution of payment cards;

the procedure for the activities of a credit institution when making settlements for transactions made with the use of payment cards;

procedure for the credit institution in case of loss by the holder of payment cards;

description of the workflow and technology for processing accounting information on transactions performed using payment cards;

the procedure for providing funds to a client in the currency of the Russian Federation and in foreign currency for settlements on transactions made using settlement (debit) cards, credit cards, and the procedure for returning these funds, as well as the procedure for calculating interest on the amounts of funds provided and the procedure for payment their client in accordance with the legislation of the Russian Federation, including the regulations of the Bank of Russia and this Regulation;

other procedures governing the issues of settlements on transactions made using payment cards, including the procedure and terms for submitting an electronic journal to a credit institution.

1.12. The Client performs transactions using payment cards, credit cards on a bank account (hereinafter referred to as the account of an individual, individual entrepreneur, legal entity, respectively) opened on the basis of a bank account agreement providing for transactions using payment cards, credit cards, concluded in accordance with requirements of the legislation of the Russian Federation (hereinafter referred to as the bank account agreement).

Paragraph 2 - Repealed.

1.13. A bank account agreement (bank deposit agreement) for making transactions using a prepaid card is not concluded.

The funds received by a credit institution from a legal entity, an individual entrepreneur upon the return of a payment (for returned goods, refusal of work, services, results of intellectual activity) made using a prepaid card, increase the amount of the credit institution's obligation on the same prepaid card, from using which the specified payment was made, within its limit, unless the agreement between the holder - an individual and the credit institution - issuer provides for a different procedure for paying the refundable payment.

2.1. Operations can be performed on one client account using several payment (debit) cards, credit cards issued by a credit institution - issuer to the client (a person authorized by the client).

2.3. A client - an individual performs the following operations using a bank card:

receipt of cash in the currency of the Russian Federation or foreign currency on the territory of the Russian Federation;

receiving cash in foreign currency outside the territory of the Russian Federation;

other transactions in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation does not establish a prohibition (restriction) on their performance;

2.4. Clients - individuals using settlement (debit) cards, credit cards can carry out transactions in a currency other than the currency of the account, the currency of the loan provided, in the manner and on the terms established in the bank account agreement, loan agreement. Customers - individuals using prepaid cards can carry out transactions in a currency other than the currency of funds deposited for settlements using a prepaid card, in the manner and on the terms brought to customers - individuals in an accessible form, including by placing information at customer service points. Credit institutions issuing prepaid cards are recommended to include provisions in the terms of settlements using prepaid cards that stipulate that changing the terms of settlements (including tariffs) is possible only upon agreement with the client. When performing the transactions specified in this paragraph, the currency received by the credit institution - issuer as a result of the conversion operation, shall be transferred to the destination without being credited to the account of the client - an individual.

2.5. The client - a legal entity, an individual entrepreneur performs the following operations using settlement (debit) cards, credit cards:

receipt of cash in foreign currency outside the territory of the Russian Federation to pay for travel and hospitality expenses;

payment of travel and hospitality expenses in foreign currency outside the territory of the Russian Federation;

other transactions in foreign currency in compliance with the requirements of the currency legislation of the Russian Federation.

The credit organization - issuer is obliged to determine the maximum amount of cash in the currency of the Russian Federation, which can be issued to a client - a legal entity, an individual entrepreneur within one business day for the purposes specified in this paragraph. It is recommended for a credit institution - issuer to establish for a client - a legal entity, an individual entrepreneur, the possibility of receiving cash in the currency of the Russian Federation for the purposes specified in this paragraph, in an amount not exceeding 100,000 rubles within one business day.

the balance of funds on the client's bank account in the event that the conditions for granting an overdraft are not included in the bank account agreement;

overdraft limit;

credit limit specified in the loan agreement.

2.10. Clients can carry out transactions using a payment card using codes, passwords as part of the procedures for entering them, used as an HSA and established by credit institutions in agreements with clients.

3.3. The document on transactions using a payment card must contain the following mandatory details:

identifier of an ATM, electronic terminal or other technical means intended for making transactions using payment cards;

type of operation;

transaction date;

transaction amount;

transaction currency;

the amount of the commission (if no commission is charged, the acquiring credit institution informs the holder of the payment card with a corresponding inscription about its absence);

payment card details.

3.4. The document on transactions using a payment card may contain additional details established by the rules of settlement participants or internal bank rules.

3.6. The mandatory details of the document on operations using dated April 24, 2008 N 318-P"On the procedure for conducting cash transactions and the rules for the storage, transportation and collection of banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on May 26, 2008 N 11751, March 23, 2010 N 16687, June 1, 2011 N 20919 ("Bulletin of the Bank of Russia" dated June 6, 2008 N 29-30, dated March 31, 2010 N 18, dated June 16, 2011 N 32) (hereinafter - Regulation of the Bank of Russia N 318-P), Instruction of the Bank of Russia dated August 14, 2008 N 2054-U "On the procedure for conducting cash transactions with foreign currency in cash in authorized banks on the territory of the Russian Federation", registered by the Ministry of Justice of the Russian Federation on August 25, 2008 N 12166, April 22, 2011 N 20550 ("Bulletin of the Bank of Russia " dated August 27, 2008 N 46, dated April 27, 2011 N 22) (hereinafter - Instruction of the Bank of Russia N 2054-U), at the time of the transaction using a payment card or on the total amounts of transactions made using payment cards, according to completion of these operations.

In the case of carrying out the operations specified in the Instruction of the Bank of Russia dated September 16, 2010 N 136-I "On the procedure for the implementation by authorized banks (branches) of certain types of banking operations with foreign currency in cash and operations with checks (including traveler's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on October 1, 2010 N 18595 ("Bulletin of the Bank of Russia" dated October 6, 2010 N 55) (hereinafter - Bank of Russia Instruction N 136-I), must a document confirming the conduct of operations with foreign currency in cash and checks, and the Register of operations with cash currency and checks, provided for by Instruction of the Bank of Russia N 136-I, are drawn up.

Commentary on Bank of Russia Regulation No. 266-P dated December 24, 2004 “On the Issuance of Bank Cards and on Transactions Made with the Use of Payment Cards”

Background

In accordance with a number of program documents (Development Strategy payment system, Strategy for the Development of the Banking Sector of the Russian Federation, Main Directions monetary policy) one of the most important areas for the development of the banking sector is the reduction of cash cash flow and introduction of non-cash payment instruments based on modern banking technologies, including payment cards. Regulatory regulation of non-cash settlements carried out on transactions using such instruments is one of the tasks of the Bank of Russia, performed as a regulator of relations in the field of payment systems and settlements. On April 9, 1998, the Bank of Russia adopted Regulation No. 23-P of April 9, 2000 “On the Procedure for Issuing Bank Cards by Credit Institutions and Making Settlements for Operations Made with Their Use” (as amended by Instructions of the Central Bank of the Russian Federation of November 29, 2000 No. 857-U, dated April 28, 2004 No. 1426-U, as amended by the Directive of the Central Bank of the Russian Federation dated April 9, 1999 No. 536-U) (hereinafter - Regulation of the Central Bank of the Russian Federation No. 23-P), which established the requirements to credit institutions on the issue of bank cards, the rules for making settlements and the procedure for accounting by credit institutions of transactions made using bank cards. This normative act reflected almost all aspects of the organization and implementation of settlements using bank cards, which allowed credit institutions to get answers to many questions that arise in their practical activities. Over the years, we can say that the Regulation of the Central Bank of the Russian Federation No. 23-P made it possible to form a regulatory framework that, without breaking the established banking practice, provided uniform rules for making settlements on transactions using bank cards for all credit institutions.

The practical application of Regulations of the Central Bank of the Russian Federation No. 23-P showed the need for further improvement regulation non-cash payments made using payment cards due to the introduction of new instruments in the field of retail payments and changes in currency legislation. In development of the approaches laid down in this Regulation and providing uniform rules for making settlements on transactions using bank cards for all credit institutions, the Bank of Russia developed Regulation of the Central Bank of the Russian Federation No. 266-P. Credit institutions - members of the Association of Russian Banks took part in the assessment of the main norms of the Regulation of the Central Bank of the Russian Federation No. 266-P, an active discussion on it was also conducted on one of the leading specialized banking sites on the Internet. The new normative act retained the continuity of one of the main principles of the previous normative act - settlements using bank cards are not a new form of contractual relations between the bank and the client, their regulation should be carried out depending on the nature of the contracts already provided for by the current civil legislation (bank account agreement , loan agreement), and the subject composition of legal relations.

In addition, attention should be paid to other important principles on which the new provision is based:

Issue and acquiring of payment cards on the territory of the Russian Federation can only be carried out by resident credit institutions;

In order to provide practical support for the development of new types of non-cash payment instruments, the new regulation includes rules governing settlements on transactions using a relatively new type of payment cards - prepaid cards;

Established uniform requirements for documentation transactions carried out with the use of payment cards, the mandatory details of the document drawn up upon their completion are unified;

In connection with changes in the norms of currency legislation, the list of transactions performed using payment cards, including bank cards, has been clarified in the new regulation. In particular, the list of operations provided for by the Regulation of the Central Bank of the Russian Federation No. 23-P was expanded by providing an opportunity for individuals and legal entities (residents and non-residents) to carry out operations on the territory of the Russian Federation and abroad in compliance with the requirements of currency legislation;

The requirements of the new Regulation do not apply to the technological aspects of carrying out transactions using payment cards;

Questions excluded from the new Regulations accounting transactions performed using payment cards, as well as the requirement for the presence on the bank card of the name and logo of the issuer, uniquely identifying it. The latter is due to the fact that the rules of payment systems allow the logo of the issuing credit institution and the name of the credit institution-agent to be placed on the card at the same time, as well as the emergence of new card products designed for payments on the Internet (the so-called "virtual" cards).

Comments on Chapter 1 of Regulations of the Central Bank of the Russian Federation No. 266-P

Chapter 1 of Regulation of the Central Bank of the Russian Federation No. 266-P contains both the terms mentioned in the Regulation of the Central Bank of the Russian Federation No. 23-P and a number of new terms, such as payment card, prepaid card.

In accordance with the new Regulations, a "payment card" is defined as an instrument for its holder to perform transactions with funds held by the issuer, in accordance with the legislation of the Russian Federation and an agreement with the issuer. In commenting on this definition, two points should be noted. Firstly, a payment card is an instrument (non-cash payments) through which an instruction (instruction) is issued from the holder to the issuer to transfer funds for transactions using it. The definition of a payment card as an instrument is accepted in international practice

Secondly, the issuer of the payment card may be a credit institution or a legal entity that is not a credit institution. Thus, in the context of the new Regulation, the term "payment card" is generic, including two types of instruments - bank cards (the issuer is a credit institution) and non-bank cards (the issuer is a legal entity that is not a credit institution), an example of which is a credit card american express.

Another new term is a prepaid card, defined as a type of bank card intended for transactions by its holder, settlements on which are carried out by the issuing credit institution on its own behalf and certifying the right of the prepaid card holder to claim the issuing credit institution for payment for goods (works, services). , results of intellectual activity) or the issuance of cash. The basis for the issuance of prepaid cards is an agreement that does not provide for the opening of a bank account for the client or the provision of a loan, but imposes on the issuer the obligation to fulfill the requirements of the holders of prepaid cards. Therefore, prepaid cards require special regulatory regulation, along with the regulation of transactions using settlement and credit bank cards, which is reflected in the new Regulation. This was done in order to develop new cashless payment instruments, including those used on the Internet, as well as to ensure control by the Bank of Russia in accordance with Federal Law No. 86-FZ of July 10, 2002 “On the Central Bank of the Russian Federation ( Bank of Russia)" over the activities of credit institutions issuing prepaid cards (in connection with which, the new provision includes a rule limiting the circle of holders of prepaid cards to individuals).

In order to create conditions for the development of settlements using prepaid cards in 2006, Regulations of the Central Bank of the Russian Federation No. 266-P were amended by Ordinance of the Bank of Russia dated September 21, 2006 No. 1725-U (hereinafter referred to as Ordinance of the Central Bank of the Russian Federation No. 1275-U), clarifying the relationship between the bank and the client when they are issued and used. Thus, information on the procedure and conditions for carrying out transactions using a prepaid card should be brought to the attention of a client - an individual in an accessible form, including by posting information at customer service points. In addition, Ordinance of the Central Bank of the Russian Federation No. 1725-U clarified the currency in which individual customers can carry out transactions using prepaid cards, namely: individual customers can only carry out transactions in the currency in which the security for them has been deposited.

In order to ensure that transactions are carried out using a prepaid card only in the currency in which the collateral for their conduct was made, credit institutions bring this requirement to the attention of customers - holders of prepaid cards in accordance with the procedure set forth in clause 1.13 of Regulation of the Central Bank of the Russian Federation No. 266 -P, as well as technically ensure the impossibility of carrying out conversion transactions using prepaid cards.

It should also be noted that the Regulation of the Central Bank of the Russian Federation No. 266-P does not establish requirements for physical appearance prepaid card, as well as its details. Regardless of the appearance of the prepaid card (for example, a plastic card with magnetic stripe or microprocessor; "scratch card"; details of the card specified in the document on paper or in an electronic message) are applied to settlements on transactions using it general rules established by the Regulation of the Central Bank of the Russian Federation No. 266-P. In accordance with clause 1.11 of Regulations of the Central Bank of the Russian Federation No. 266-P, the internal banking rules of a credit institution should provide for the procedure for issuing prepaid cards, the conditions for performing transactions using them, document flow and other necessary procedures.

Prepaid card funds can be deposited into cash to the cash desk of a credit institution or transferred by bank transfer. In the first case, the total amount is recorded on the cash account in correspondence with the balance sheet account 40 903 “Funds for settlements by checks, prepaid cards” and the corresponding income accounts (in terms of the commission when it is charged). In the second, it is reflected on the correspondent account (bank account) in correspondence with the balance sheet account 40 903 “Funds for settlements by checks, prepaid cards” and income accounts (in terms of the commission when it is charged).

In practice, the question often arises as to whether a prepaid card holder can “deposit” additional funds on this card(“replenish” the card), as well as receive cash using it. The use of the terms "introduction", "replenishment" is incorrect from the point of view of the essence of the arising legal relations. When issuing (issuing) a prepaid card, the issuing credit institution has an obligation to its holder in the amount of funds previously deposited (transferred) by an individual in order to pay for goods (works, services) using a prepaid card. In case of additional deposit (transfer) of funds by an individual, a new obligation of the issuer arises for the amount of additional deposited (transferred) funds. The subsequent fulfillment by the issuing credit institution of its obligations under transactions related to payment for goods (works, services) made using a previously issued prepaid card or a newly issued one is carried out in the amount of the total amount of such obligations.

A prepaid card is not used for cash disbursement, except for the termination of the credit institution's obligations to its holder. The issuance of the unspent balance of funds on a prepaid card can be carried out by a credit institution - issuer (another credit institution) to an individual- to the holder of this card through the cash desk or through an ATM. The terms of a prepaid card may provide for its use only for non-cash payments (i.e., the holder does not have the right to receive cash). The intra-bank rules of a credit institution must provide for the procedure for the emergence, fulfillment and termination of obligations arising from the issuance of a prepaid card.

The issuing credit institution is also entitled to:

Determine the maximum amount within which it assumes obligations on one prepaid card (prepaid card limit). As a recommendation, we can suggest using the approach taken in the European Union: 150 euros? 5000 rubles;

Establish a ban on the transfer by legal entities, individual entrepreneurs of funds to individuals - holders of prepaid cards for the purpose of the latter's transactions with their use, except for cases of return of funds to individuals to holders of prepaid cards in case of refusal of goods (works, services, results of intellectual activity) previously purchased using the specified cards. At the same time, the procedure for the return of amounts of funds exceeding the amount of the limit of the prepaid card must be brought to the attention of the individual - the holder of the prepaid card by the issuing credit institution in an accessible form, including by posting information at customer service points.

As a general recommendation, it can be pointed out that all aspects of the procedure for the emergence, fulfillment and termination of obligations arising from the issuance of a prepaid card should be provided for in the internal bank rules of a credit institution.

The new regulation also clarifies such terms as "settlement" and "credit" bank card. Main Feature credit card is that the fulfillment of obligations under transactions made with its use is carried out by the client only at the expense of funds provided by the credit institution in the form of a loan on the terms of payment, urgency and repayment within the settlement limit, in accordance with the terms of the loan agreement. If a payment card is issued, its holder may also be granted a loan by the issuing bank (overdraft), but only in the absence or insufficiency of funds in the bank account of the cardholder. The provision of such a loan is regulated by Art. 850 of the Civil Code of the Russian Federation. By directive of the Central Bank of the Russian Federation No. 1725-U, the Regulation of the Central Bank of the Russian Federation No. 266-P was amended to take into account the practice consumer lending using credit cards. The procedure for granting a loan for settlements on transactions made using credit cards, which was in force before the entry into force of the Instruction of the Central Bank of the Russian Federation No. 1725-U, required its mandatory crediting to the client's bank account. Instruction of the Central Bank of the Russian Federation No. 1725-U, along with the previously existing lending procedure, provided for the possibility of lending to resident individuals in the currency of the Russian Federation without using a bank account.

The current (subject to the norms of Ordinance of the Central Bank of the Russian Federation No. 1725-U) edition of the Regulation of the Central Bank of the Russian Federation No. 266-P provides that a credit institution in a loan agreement concluded with a resident individual provides for the provision of funds in the currency of the Russian Federation without using bank account for settlements on transactions made using credit cards, other conditions this loan, as well as the procedure for repaying a loan, accruing and paying interest on it. Regulation of the Central Bank of the Russian Federation No. 266-P does not determine the period and how documentary confirmation of the granted loan is carried out without using the client’s bank account, and therefore the corresponding condition should be included in the loan agreement (for example, an extract from the register of payments received by the credit institution) .

Depending on the loan repayment period specified in the agreement with the client, balance accounts 4550245508 “Loans granted to individuals” are used to reflect the client’s debt in accordance with the Regulation of the Bank of Russia dated March 26, 2007 No. 302-P “On the rules of accounting in Credit Institutions Located on the Territory of the Russian Federation” (as amended by Directive of the Central Bank of the Russian Federation of October 11, 2007 No. 1893-U) (hereinafter referred to as Regulation of the Central Bank of the Russian Federation No. 302-P). In practice, a transaction using a credit card is possible to return funds to an individual client in case of refusal of the goods purchased earlier using this card, and it is also possible that the client, repaying the debt on the loan (for accrued interest) using a credit card and through a self-service terminal, may erroneously deposit an amount exceeding the specified debt. The funds received by the credit institution in these cases must be returned to the client. The credit institution records the said funds in its accounting records on balance sheet account 40,905 “Current accounts of authorized persons and unpaid transfers” in correspondence with balance sheet account 30,232 “Incomplete settlements on operations performed using payment cards”. In the context of issuing payment and credit cards, additional consideration should be given to the following.

First, in new edition Instructions of the Bank of Russia dated September 14, 2006 No. 28-I “On opening and closing bank accounts, deposits (deposits) accounts” provides for a rule according to which, when opening current accounts for individuals to make settlements exclusively using payment cards, the bank has the right to receive a sample of the client's handwritten signature in the manner prescribed by banking rules, without issuing a card. This rule settled the problems that arose after the adoption of Bank of Russia Directive No. 1297-U dated June 21, 2003 “On the Procedure for Issuing a Card with Sample Signatures and Seal Impressions”, which included issuing a card to bank accounts used for settlements using settlement and credit cards.

Secondly, the provisions of Art. 47 of the Federal Law of December 23, 2003 No. 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation" (as amended by Federal Laws of August 20, 2004 No. 106-FZ, of December 29, 2004 No. 197- Federal Law, dated October 20, 2005 No. 132-FZ, dated July 27, 2006 No. 150-FZ, dated March 13, 2007 No. 34-FZ) and the corresponding clarifications of the Bank of Russia - Letter dated February 14, 2006 No. 21 -T “On clarifications on certain issues arising in connection with the introduction of a ban by the Bank of Russia on attracting funds from individuals to deposits and opening bank accounts of individuals in accordance with Article 47 of the Federal Law “On insurance of deposits of individuals in banks of the Russian Federation” ( hereinafter - Letter No. 21-T). This Letter states that credit institutions that issue settlement and credit cards, for transactions with the use of which individuals open bank accounts, after the introduction of a ban by the Bank of Russia, must stop issuing such cards. In addition to Letter No. 21-T, the Bank of Russia issued Letter No. 158-T dated December 15, 2006 “On conducting transactions with credit cards after the introduction of the Bank of Russia ban on taking deposits of individuals’ funds and opening bank accounts of individuals in accordance with Articles 47 and 48 of the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation", in which he explained that the restrictions on the issue of credit cards established for banks that have not passed the deposit insurance system do not apply to the issue of credit cards and the implementation of transactions when providing funds in the currency of the Russian Federation to a resident individual without using a bank account opened with the bank issuing the card.

Such concepts as "issue of bank cards" and "issuer" are clarified. The issue of a bank card is understood as the activity of a credit institution related to the issuance of a bank card. A credit institution issuing bank cards is called an issuing credit institution, regardless of its legal status in the payment system (agent bank, associate member, etc.).

Accordingly, all issuers, including agent banks, are required not only to notify the Bank of Russia of the start (completion) of the issue of bank cards, but also to provide statistical information on the above activities in the form No. using bank and payment cards.

With the appearance on the retail market of more and more complex technical devices (electronic cashiers, terminals with the function of accepting cash (cash-in) etc.) in practice, credit institutions have questions about the distinctive features of these devices from ATMs. In the new provision, the term "ATM" has been given an expanded meaning - an ATM is understood to be an electronic software and hardware complex designed to carry out, without the participation of an authorized employee of a credit institution, cash disbursement (acceptance) operations, including using payment cards, and the transfer of orders to a credit institution. organizations on the transfer of funds from the bank account (deposit account) of the client, as well as for the preparation of documents confirming the relevant transactions. Thus, within the framework of the new provision, all technical devices with the function of receiving (issuing) cash, intended for making payments both with the use of payment cards and without their use, are considered uniformly (as ATMs), based on the criterion for the provision of bank services by remote way.

In view of the foregoing, a legal entity deposits cash proceeds into its bank account at the cash desk of a credit institution upon an announcement for a cash contribution.

The Regulation of the Central Bank of the Russian Federation No. 266-P uses the concepts provided for by the legislation of the Russian Federation and the regulations of the Bank of Russia, the disclosure of the content of which, taking into account the specifics of the use of payment cards, will eliminate conflicts arising in the practice of cashless payments due to their ambiguous interpretation.

In addition, chapter 1 of the regulation defines exceptions to the scope of the new provision in relation to:

Non-banking credit organizations carrying out deposit and credit operations;

Cards of issuers that are not credit institutions, intended for their holders to receive prepaid goods (works, services, results of intellectual activity). These cards include prepaid transport cards, payment cards for mobile communication services, etc. In the event that these cards are intended for payments for goods, services not related to the issuer's core business, or for issuing cash, only a credit institution can be its issuer.

The Regulation contains new norms of a permissive nature in relation to the activities of credit institutions distributing bank cards of other credit institutions-issuers and payment cards of issuers - foreign legal entities that are not foreign banks.

According to chapter 1 of the regulation, it is the responsibility of credit institutions to develop an internal document - internal banking rules (hereinafter referred to as the Rules) and its approval by the management body of the credit institution authorized to do so by its charter. Rules may take the form of a single document or be represented by various documents relating to matters regulated by the regulation.

The rules, depending on the characteristics of the activities of a credit institution, should contain:

The procedure for the activities of a credit institution related to the issue of bank cards;

The procedure for the activities of a credit institution related to the acquiring of payment cards;

The procedure for the activities of a credit institution related to the distribution of payment cards;

The procedure for the activities of a credit institution when making settlements for transactions made using payment cards;

The risk management system when performing transactions using payment cards, including the procedure for assessing credit risk;

The procedure for the credit institution in case of loss by the holder of payment cards;

Description of the workflow and technology for processing accounting information on transactions performed using payment cards;

The procedure for storing payment cards before the personalization procedure (hereinafter referred to as non-personalized payment cards), acquired by a credit institution and containing details (name of the issuer, etc.), payment cards after the personalization procedure, as well as an approved list of officials responsible for their storage; the procedure for moving non-personalized payment cards within the credit institution and transferring them for personalization;

The procedure for providing funds to a client in the currency of the Russian Federation and in foreign currency for settlements on transactions made using payment cards, credit cards, and the procedure for returning these funds, as well as the procedure for calculating interest on the amounts of funds provided and the procedure for paying them by the client in in accordance with the legislation of the Russian Federation, including the regulations of the Bank of Russia and the Regulation of the Central Bank of the Russian Federation No. 266-P;

Other procedures regulating the issues of settlements on transactions made with the use of payment cards.

When developing these Rules, credit institutions, in addition to the Regulation of the Central Bank of the Russian Federation No. 266-P, should also be guided by:

1. Regulation of the Central Bank of the Russian Federation No. 302-P (in terms of accounting for transactions made using payment cards).

2. Bank of Russia Regulation No. 199-P, dated October 9, 2002, “On the Procedure for Conducting Cash Transactions in Credit Institutions on the Territory of the Russian Federation” 2004 No. 1433-U, dated December 26, 2006 No. 1779-U, dated June 13, 2007 No. 1836-U) (in terms of processing transactions using payment cards for the issuance (reception) of cash in a credit institution and its internal structural divisions).

3. Bank of Russia Instruction No. 113-I, dated April 28, 2004, “On the Procedure for Opening, Closing, Organizing the Work of Exchange Offices and the Procedure for Authorized Banks to Carry Out Certain Types of Banking Operations and Other Transactions with Foreign Cash and the Currency of the Russian Federation, Checks (in including traveler's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals” (in terms of transactions in exchange offices using bank cards).

4. Bank of Russia Regulation No. 254-P dated March 26, 2004 “On the procedure for the formation by credit institutions of reserves for possible losses on loans, loan and equivalent debt” (as amended on December 28, 2007) (in part establishment by credit institutions of the procedure for the formation of reserves for possible losses on loans provided for operations with bank cards).

5. Bank of Russia Regulation No. 144-P dated July 27, 2001 “On Amendments and Additions to the Bank of Russia Regulation “On the Procedure for Providing (Placing) Funds by Credit Institutions and Their Return (Repayment)” dated August 31, 1998 No. 54-P” (in the part that does not contradict the Regulation of the Central Bank of the Russian Federation No. 266-P, on issues of granting loans for operations with bank cards).

6. Regulation of the Bank of Russia dated June 26, 1998 No. 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks" (as amended by the Regulation, approved by the Central Bank of the Russian Federation on December 24, 1998 No. 64- P, Instructions of the Central Bank of the Russian Federation dated November 26, 2007 No. 1931-U) (in the part that does not contradict the Regulation of the Central Bank of the Russian Federation 266-P, on the calculation of interest on funds attracted (provided in the form of loans) under agreements for the issuance of bank cards ).

7. Bank of Russia Regulation No. 242-P, dated December 16, 2003, “On the Organization of Internal Control in Credit Institutions and Banking Groups” (as amended on November 30, 2004) (in terms of individual recommendations for developing approaches related to risk management for bank card transactions).

8. Bank of Russia Regulation No. 262-P, dated 19 August 2004, “On the Identification of Clients and Beneficiaries by Credit Institutions for the Purpose of Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (as amended on 14 September 2006 ) (hereinafter referred to as the Regulation of the Central Bank of the Russian Federation No. 262-P) (in terms of identification of cardholders in accordance with paragraph 1 of article 7 of the Federal Law of August 7, 2001 No. way and financing of terrorism” (as amended on November 28, 2007) (hereinafter - Federal Law No. 115-FZ).

It should be noted that the above list of documents is not exhaustive. When developing the Rules, it is also necessary to know the norms of the current civil legislation - the issues of concluding contracts, the compliance of schemes for the implementation of certain card projects by a credit institution with the norms of the law, since they are directly related to the emergence of such a risk “as a legal one”, the consequences of which may be litigation against bank related to its violation of the law in the implementation of these projects. Litigation may incur certain costs, and judgment- negative property consequences both for the given issuing bank and for other banks.

A separate issue is the legal significance of the rules of payment systems. They are of a contractual nature and regulate contractual relations between the participants of the payment system (banks). Considering the provision of paragraph 3 of Art. 308 of the Civil Code of the Russian Federation that the obligations of the parties to the agreement (in the above case - the rules) cannot create obligations for third parties, the rules of the payment system cannot be applied as binding on customers of the bank - a participant in the payment system.

Relations between the bank and the client are regulated by an agreement concluded between them, providing for the implementation of transactions using a bank card, which may reflect the rules of payment systems in the part related to the bank's client - a participant in the payment system. At the same time, all agreements mentioned in the Regulation of the Central Bank of the Russian Federation No. 266-P (bank account agreement, loan agreement, agreement on issuing a prepaid card) are not public agreements (Article 426 of the Civil Code of the Russian Federation), which allows the bank to have a differentiated approach to establishing the terms of use bank card, including the amount of the commission, in respect of which Art. 29 of Federal Law No. 395-I provides that the commission fee for transactions is set by the credit institution upon agreement by the clients and cannot be changed unilaterally by the credit institution, unless otherwise provided by federal law or an agreement with the client.

Changing the conditions for using a bank card is recommended to be carried out taking into account clause 1 of Art. 452 of the Civil Code of the Russian Federation, which establishes that an agreement to amend a contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, the contract or business practices. Therefore, in order to give the bank the right to notify customers about changes in the conditions for using bank cards remotely (by e-mail, SMS, by posting information on the website), the corresponding condition must be directly included in the contract.

The terms of the agreement also regulate the mode of using a bank card and related issues, including:

Ways to ensure customers' obligations to the bank - so, in the case of using the so-called "insurance deposits", the attraction of funds in order to ensure settlements on operations with bank cards is carried out in accordance with an agreement providing for the performance of these operations, the terms of which are different from the terms of the bank deposit agreement ( deposit), since in the event of insured event funds are not returned to their owner, but are used to complete settlements. In this regard, insurance deposits cannot be accounted for on balance accounts 42301-42307 "Deposits of individuals" and must be accounted for on balance accounts 42309-42315 "Other attracted funds of individuals" depending on the period of their attraction, established by the agreement providing for transactions with using bank cards. The procedure for accruing interest on "insurance deposits" accounted for on the balance accounts "Other attracted funds of individuals" is determined by the terms of the concluded agreement.

The procedure for ensuring the security of transactions using a bank card - for example, it is recommended that the contract provide for the client's obligation to keep the card issued to him and the personal identification code (PIN code), as well as a ban on their transfer to third parties, which means persons who are not declared credit institution as authorized persons for whom it is advisable to issue additional cards.

Conditions for the return of the balance of funds to the client at other times than those provided for in paragraph 3 of Art. 859 of the Civil Code of the Russian Federation. Based on the principle of freedom of contract, enshrined in Art. 421 of the Civil Code of the Russian Federation, the parties have the right to determine the terms of the contract at their discretion. In our opinion, a credit institution has the right, taking into account the specifics of the document flow with payment cards, to establish in the bank account agreement a condition on the period agreed with the client for the latter to submit an application to terminate the bank account agreement to the credit institution. In our opinion, this condition will not violate the provisions of paragraph 1 of Art. 859 of the Civil Code of the Russian Federation, the right of the client to terminate the contract at any time at his request. At the same time, the risk of judicial interpretation of the non-compliance of the above conditions of the bank account agreement with the norms of Art. 859 GKRF.

When issuing (distributing) payment cards, credit institutions should comply with the provisions of Federal Law No. 115-FZ in terms of the requirements for mandatory control of cash transactions and customer identification. In particular, credit institutions whose ATMs dispense (accept) cash using payment cards must take into account the requirements of clause 3.3 of Regulation of the Central Bank of the Russian Federation No. 262-P, according to which, when making transactions using payment cards, identification is carried out based on the details of the payment card also codes (passwords).

The provisions contained in Regulation No. 23-P of the Central Bank of the Russian Federation, which established the procedure for the submission by credit institutions to the Bank of Russia of notifications of the commencement (completion) of the issuance and (or) acquiring of bank cards, were excluded from the new Regulation. In this regard, the Bank of Russia has developed new form statistical reporting on the beginning or completion by credit institutions of activities related to the issue and (or) acquiring of payment cards (hereinafter - form 255). Based on Form 255, the Bank of Russia generates various directories (a directory of payment systems using cards, a directory of types of cards) that are used by credit institutions when compiling reports in accordance with Form 0409250 “Information on the activities of credit institutions in terms of settlements using payment cards” (hereinafter - the form 250).

Form 255 includes information on combined products, which is necessary to control the reliability of reporting provided by credit institutions in accordance with Form 250, as well as to determine the directions for the development of Russian and international payment systems using cards. It should be especially noted that Form 255 uses concepts such as “principal member” and “affiliate member” that are inherent in payment systems. A principal member of a payment system is a credit institution that has a license issued by this payment system for issuing and (or) acquiring cards of this payment system and ensures that all settlements on transactions using them directly with the payment system. An associated (affiliated) member of a payment system is a credit institution that has a license issued by this payment system for issuing and (or) acquiring cards of this payment system and carries out all settlements on transactions using them with the payment system and its participants through the credit institution - in principle a member of this payment system (acting in this case as its sponsor).

Comments on Chapter 2 of Regulations of the Central Bank of the Russian Federation No. 266-P

Chapter 2 of Regulations of the Central Bank of the Russian Federation No. 266-P includes a list of transactions performed using payment cards, the conditions for the occurrence of a "technical overdraft", as well as rules on pending settlements.

When determining the list of transactions performed using payment cards, the established banking practice, the specifics of settlements using payment cards, as well as significant changes in currency legislation that directly affect transactions with payment cards were taken into account. In comparison with the Regulation of the Central Bank of the Russian Federation No. 23-P, Chapter 2 of the Regulation of the Central Bank of the Russian Federation No. 266-P is supplemented with norms containing a list of transactions performed by individuals using bank cards. In practice, individuals carry out two main types of transactions using bank cards:

Upon receipt of cash;

For payment for goods (works, services, results of intellectual activity).

At the same time, clause 2.3 of the Regulation of the Central Bank of the Russian Federation No. 266-P does not contain restrictions on the list of transactions performed by an individual client using a payment card. In this regard, for example, it is possible:

Making regular payments by individuals using a prepaid card (payment utilities; electricity; cellular communication services, satellite and cable television; access to the Internet, as well as repay a consumer loan);

Transfer of funds by individuals using payment cards through ATMs as payment valuable papers(shares of mutual funds as the most popular investment instrument);

Making payments to the budget by individuals without opening a bank account, including for paying state duties. In this case, the fact of payment of the state duty can be confirmed by a receipt issued through an ATM of a credit institution. However, in order to comply with paragraph 3 of Art. 333.18 tax code The Russian Federation (TC RF) requires the establishment in the normative procedure of uniform details of this receipt, as well as the procedure for bringing information identifying both the payer and the payment itself to the administrator of revenues to the budget of the Russian Federation.

Operations can be carried out both in rubles and in foreign currency at the expense of funds in rubles and (or) in foreign currency held in bank accounts opened by the issuer (for settlement cards, credit cards), or deposited to the issuer for settlements using a prepaid card. A bank account agreement (an agreement providing for transactions using prepaid cards) may provide for transactions using bank cards in a currency other than the currency of an individual's account, the currency of funds deposited for settlements using a prepaid card. At the same time, the currency received by the issuer as a result of the conversion operation is transferred to the destination without opening an additional bank account for the client (this rule also applies to legal entities).

With regard to corporate clients, the list of foreign currency transactions performed by them abroad has been expanded, which positively resolves the issue, in particular, of Russian airlines carrying out transactions outside the territory of the Russian Federation using corporate bank cards to pay for the costs associated with servicing aircraft at airports foreign states. In addition, an opportunity is provided for the issuing bank to open foreign currency accounts for legal entities - non-residents when issuing corporate cards.

Due to the peculiarities of carrying out transactions performed using bank cards (such as transactions in the trade and service network without an authorization procedure; the occurrence of exchange rate differences from the conversion made by the issuing bank, for completed transactions whose currency is different from the account currency, etc. ), the amounts for these transactions may exceed not only the balance on the account of the client - the holder of a bank payment card, but also the credit limit established by the relevant agreement. In order to reduce the risks in carrying out these operations, the new Regulation provides for norms that recommend that credit institutions, when issuing payment cards, credit cards, include in a bank account agreement, a loan agreement a condition for the client to carry out transactions using cards, the amount of which exceeds:

The balance of funds on the client's bank account in case the conditions for granting an overdraft are not included in the bank account agreement;

Overdraft limit;

The credit limit specified in the loan agreement. Settlements for these transactions can be carried out by providing a loan to the client in the manner and on the terms stipulated by the bank account agreement or the loan agreement, taking into account the norms of this Regulation of the Central Bank of the Russian Federation No. 266-P. In the event that in said agreement there are no conditions for granting a loan to a client for such operations, repayment by the client of the debt that has arisen is carried out in accordance with the legislation of the Russian Federation.

When carrying out transactions using payment cards, settlements often cannot be completed due to the receipt of the document, which is the basis for the settlement of these transactions, the next day after the transaction. In order to account for incomplete settlements, the Chart of Accounts in credit institutions has been supplemented with new balance sheet accounts No. 30232 (P), 30 233 (A) “Incomplete settlements on transactions made using payment cards”. The introduction of these accounts into the Chart of Accounts is due to the relevant norms of clause 2.9 of the Regulation of the Central Bank of the Russian Federation No. 266-P, which normatively fix the specifics of transactions with payment cards and the corresponding document flow, in case of a mismatch in the terms of the processing center of the bank of information on transactions with payment cards, for example, at ATMs , and the terms associated with the period of their collection; discrepancy between the terms of settlements between acquiring banks and trade (service) enterprises and incoming reimbursement from the payment system. These accounts are used in cases where banks issue cash to cardholders - clients of other credit institutions, etc.

Pending settlement accounts are also used to account for net settlements, the main principle of which is the settlement between settlement participants (acquiring banks and issuing banks) in the amount of their net positions calculated on the basis of counter payments. Based on the economic meaning of settlements on a net basis, the obligations (claims) that have arisen between the settlement participants and (or) the settlement bank in the amount of the net position and their formation should be reflected both in the balance sheet of the settlement participant and the settlement bank, using the balance sheet data. accounts with the subsequent settlement of these obligations (claims) at the end of the day by means of their mutual correspondence.

Accounts in progress settlements are used when the bank account agreement, loan agreement does not contain a condition for granting a loan to a client to complete settlements on transactions made using a payment card, the amount of which exceeds the balance of funds on the client’s bank account and the limit of the loan provided, specified in the credit card. contract. In this case, the repayment by the client of the debt that has arisen is carried out in accordance with the legislation of the Russian Federation (in particular, the provisions of the Civil Code of the Russian Federation on unjust enrichment). The reflection in the accounting records of the credit institution of the amount of the client's debt is carried out on the balance sheet account 30233 "Incomplete settlements on operations performed using payment cards".

It should be noted that the characteristics of the balance sheet account 30232 do not provide for its use when transferring amounts by legal entities wages to the bank accounts of its employees, including those opened for transactions using bank cards. To credit the bank accounts of individuals - holders of bank cards with the amounts of wages, if it is necessary to reconcile the transfer of the total amount by payment order and the information in the register, balance account 47422 "Obligations for other operations" (or 40916 "Amounts promised to correspondent accounts before clarification" should be used) ), from which subsequently private amounts according to the register are transferred to the accounts of individuals no later than the day following the day of receipt of the payment order.

From the book Payment Cards: Business Encyclopedia author Project

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From the book Card Business Management in commercial bank author Pukhov Anton Vladimirovich

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From the book Methodology and Accounting for Retail Banking Payments: Cards, Transfers, Checks author Pukhov Anton Vladimirovich

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From the book Payment Systems author Team of authors

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5.1. Payment systems using bank cards The emergence and formation of retail payment systems occurred simultaneously with the establishment of money as a universal equivalent. Starting with the exchange of commodity money, gold, society went through the introduction of various