Electronic money transfers. Leaflet of the Bank of Russia “On electronic money Leaflet “On electronic money”

This Leaflet has been developed in order for individuals who are clients of credit institutions (hereinafter referred to as clients) to receive information about electronic money, the procedure for forming the balance of electronic money, the features of using electronic means of payment for transferring electronic money, as well as about the services provided for transferring electronic funds. Money.

For the purposes of this Leaflet, services for the transfer of electronic funds mean the transfer of electronic funds, as well as the performance of other transactions with electronic funds provided for by the Federal Law of June 27, 2011 No. 161-FZ “On the National Payment System” (hereinafter referred to as the Federal Law No. 161-FZ).

1. General provisions on electronic money

1.1. Electronic money (hereinafter referred to as EMF) is used for non-cash payments.

1.2. EMF is non-cash funds in rubles or foreign currency, accounted for by credit institutions without opening a bank account and transferred using electronic means of payment (hereinafter referred to as ESP) in accordance with Federal Law No. 161-FZ.

1.3. ESP intended for EMF transfers are, in particular, so-called “electronic wallets”, which can be accessed using computers, mobile devices, including through special software installed on these devices, as well as prepaid bank cards.

1.4. In accordance with the legislation of the Russian Federation, only credit institutions that have notified the Bank of Russia in the prescribed manner about the commencement of the relevant activity have the right to provide services for the transfer of EDS in accordance with the legislation of the Russian Federation.

1.5. The list of credit institutions that have notified the Bank of Russia in the prescribed manner about the start of EMF transfer activities is available on the official website of the Bank of Russia on the Internet information and telecommunications network (http://cbr.ru/PSystem/?PrtId=oper_zip).

1.6. A credit institution, in accordance with Federal Law No. 161-FZ, may refuse a client to enter into an agreement on the use of ESP, as well as suspend or terminate the client’s use of ESP in accordance with the agreement if the client violates the procedure for using ESP.

1.7. EMFs are not subject to insurance on the basis of clause 5 of part 2 of article 5 of the Federal Law of December 23, 2003 No. 177-FZ “On the insurance of deposits of individuals in banks of the Russian Federation.”

2. The procedure for forming the remainder of the EMF

2.1. The client can provide funds to a credit organization in accordance with the agreement either by transferring them from a bank account (opened with a credit organization that provides e-money transfer services to the client, or with another credit organization), or without using a bank account, including by depositing the client transfers cash to ATMs and payment terminals of credit institutions and bank payment agents.

In addition, the balance of the client’s EDS can be increased by funds provided in favor of such a client by legal entities and individual entrepreneurs, if this is provided for in the agreement between the credit institution and the client.

2.2. A credit institution does not have the right to provide a client with funds to increase the balance of the client’s EMF on the basis of a consumer credit (loan) agreement.

2.3. If the client is a subscriber of a telecom operator, then in some cases, if such telecom operator has an agreement with a credit institution that provides e-money transfer services to the client, funds to increase the client’s e-money balance can be provided to the specified credit organization in accordance with the agreement concluded with the client , at the expense of the client’s funds, which are an advance payment for communication services.

2.4. The balance of the client’s EDS arises at the time the credit institution records the funds provided. In this case, the credit institution may account for funds later than they are provided.

2.5. No interest is charged on the client's EDS balance.

3. The procedure for using ESP for EMF transfer

3.1. ESP for EDS transfer is used by the client on the basis of an agreement concluded with a credit institution, including by accepting the credit institution’s offer.

3.2. The use of ESP for EDS transfer can be carried out both with an identification procedure, including simplified client identification in accordance with Federal Law dated 07.08.2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism”, and without carrying out the identification procedure.

3.3. If a credit institution carries out a client identification procedure, the ESP used by the client is personalized. At the same time, the client’s EMF balance at any time should not exceed 600 thousand rubles or an equivalent amount in foreign currency at the official exchange rate of the Bank of Russia.

3.4. If the specified procedure was not carried out, the ESP used by the client is non-personalized. At the same time, the balance of the client’s EDS at any time should not exceed 15 thousand rubles, and the total amount of EDS transferred by the client using such EDS should not exceed 40 thousand rubles during a calendar month.

If a simplified identification procedure is carried out in relation to the client, the client can use non-personalized EDS to pay for goods (works, services) of legal entities and individual entrepreneurs, provided that the balance of the client’s EDS at any time does not exceed 60 thousand rubles, and the total amount of transferred EDS with using such non-personalized ESP does not exceed 200 thousand rubles during a calendar month.

4. EMF transfer services

4.1. EDS can be transferred between clients, as well as between clients and legal entities, individual entrepreneurs.

At the same time, a client using a non-personalized EDS, if the simplified identification procedure has not been carried out in relation to such a client, can only be a payer when transferring EDS to a legal entity or individual entrepreneur and cannot be the recipient of the transferred EDS.

4.2. The remainder (part of it) of the EMF:

1) When a client uses a personalized ESP, the client may order:
a) transferred to any bank account (including to the bank account of the client himself or another individual);
b) transferred without opening a bank account;
c) aimed at fulfilling the client’s obligations to the credit institution (for example, paying a commission);
d) issued to the client in cash;

2) When a client uses a non-personalized ESP, if a simplified identification procedure was carried out in relation to such a client, the client may order:
b) transferred to the client’s bank account;
c) aimed at fulfilling the client’s obligations to the credit institution;

3) When a client uses a non-personalized ESP, if the identification procedure has not been carried out in relation to such a client, the client may order:
a) transferred to bank accounts of legal entities and individual entrepreneurs;
b) aimed at fulfilling the client’s obligations to the credit institution.

The client also has the right to receive the balance (part thereof) of the EDS in cash if the non-personalized EDS he uses (regardless of whether or not the simplified identification procedure has been carried out) is a prepaid card. The total amount of cash issued to the client in this case cannot exceed 5 thousand rubles during one calendar day and 40 thousand rubles during one calendar month.

At the same time, with regard to the procedure for issuing the balance (part thereof) of EDS to the client in cash (including the maximum amounts of cash issued), the agreement concluded by the client with the credit institution may establish additional restrictions.

4.3. For the provision of EDS transfer services by a credit institution, the client may be charged a commission in accordance with the agreement concluded with the client.

4.4. The credit institution is obliged to inform the client about the completion of each transaction using the electronic payment system by sending appropriate notifications in the manner established by the agreement with the client.

In a series of articles devoted to electronic money, I will try to answer the question of what electronic money is, as well as give a legal assessment on the issues of handling electronic money.

We have already covered the following questions:

1. Law "On the National Payment System" (main innovations)

In this article I will try to comment on the features of the Law “On the National Payment System”. The specifics of the law will be discussed separately.

Clients of electronic payment systems (users of electronic money) under Law No. 161-FZ "On the National Payment System"

Since September 29, 2011 electronic money operator is credit institution, including non-bank a credit institution that has a license to carry out money transfers without opening bank accounts and other banking operations related to them (clause 1 of Article 12 of Law No. 161-FZ).

The client can be either an individual or a legal entity. Client - individual may provide funds to an electronic money operator both with and without using your bank account(Clause 2 of Article 7 of Law No. 161-FZ).

Client - legal entity or individual entrepreneur provides funds to the electronic money operator only using its bank account (Clause 3, Article 7 of Law No. 161-FZ).

Legal entities (individual entrepreneurs) are prohibited from making electronic payments among themselves. It is necessary that one of the participants in the settlements be an individual using electronic means of payment (Clause 9, Article 7 of Law No. 161-FZ).

Features of transactions with electronic money

If the established limit is exceeded, the transfer of electronic funds is not carried out.

Electronic money transfer is carried out with or without client identification.

In the case of identification of a client - an individual, an account is opened for him, the balance of electronic funds on which at any time cannot exceed 600,000 rubles.

Anonymity, which attracted wallet users, guaranteed provided that the balance of electronic funds at any time does not exceed 15,000 rubles, the total amount of transferred electronic funds is 40,000 rubles per calendar month.

The use of an electronic means of payment by a client - a legal entity or an individual entrepreneur is carried out with its identification by the electronic money operator. The specified electronic means of payment is corporate. The use of a corporate electronic means of payment is subject to the condition that the balance of electronic funds does not exceed 200,000 rubles at the end of the working day of the electronic money operator.

If the specified amount is exceeded, the operator is obliged to credit or transfer funds in the amount exceeding the specified limit to the bank account of a legal entity or individual entrepreneur without his order.

Organizations are required to report to the tax office on the emergence or termination of the right to use corporate electronic money (i.e., as with).

From October 1, 2011, organizations and individual entrepreneurs must inform the tax authority on the emergence or termination of the right to use corporate electronic means of payment for electronic money transfers within 7 days from the date of emergence (termination) of this right (clause 1.1, clause 2, article 23 of the Tax Code of the Russian Federation).

The Federal Tax Service of Russia (Information dated July 13, 2011) reports that for violating the deadline for submitting specified information to the inspectorate, the taxpayer may be held accountable under Article 126 of the Tax Code (200 rubles for each unsubmitted document) or Article 129.1 of the Tax Code (5,000 rubles).

Providing clients - individuals with information about the features of providing services for the transfer of electronic funds

In order to promote the expansion of the scope of use of electronic means of payment when making non-cash payments, increasing the availability of payment services and financial literacy of clients of credit institutions, the Bank of Russia, in its Letter No. 249-T dated December 20, 2013, recommends that credit institutions inform clients in accordance with Part 25 of Article 7 Federal Law No. 161-FZ of June 27, 2011 “On the National Payment System” (hereinafter referred to as Federal Law No. 161-FZ):

Application
to the letter from the Bank of Russia
dated December 20, 2013 No. 249-T

Memo "About electronic money"

This Leaflet has been developed to provide individuals who are clients of credit institutions (hereinafter referred to as clients) with information about electronic money, the procedure for forming the balance of electronic money, the specifics of using electronic means of payment for transferring electronic money, as well as about the services provided for transferring electronic funds. Money.

For the purposes of this Leaflet, services for the transfer of electronic funds mean the transfer of electronic funds, as well as the performance of other transactions with electronic funds provided for by the Federal Law of June 27, 2011 N 161-FZ “On the National Payment System” (hereinafter referred to as the Federal Law N 161-FZ).

1. General provisions on electronic money

1.1. Electronic money (hereinafter referred to as EMF) is used for non-cash payments.
1.2. EMF is non-cash funds in rubles or foreign currency, accounted for by credit institutions without opening a bank account and transferred using electronic means of payment (hereinafter referred to as ESP) in accordance with Federal Law N 161-FZ.
1.3. ESP intended for EMF transfers are, in particular, so-called “electronic wallets”, which can be accessed using computers, mobile devices, including through special software installed on these devices, as well as prepaid bank cards.
1.4. Only credit organizations have the right to provide EDS transfer services in accordance with the legislation of the Russian Federation.
1.5. The list of credit institutions that have notified the Bank of Russia in the prescribed manner about the start of EMF transfer activities is available on the official website of the Bank of Russia on the Internet information and telecommunications network (http://cbr.ru/today/?Prtid=oper_zip).
1.6. A credit institution, in accordance with Federal Law N 161-FZ, may refuse a client to enter into an agreement on the use of ESP, as well as suspend or terminate the client’s use of ESP in accordance with the agreement if the client violates the procedure for using ESP.
1.7. EMFs are not subject to insurance on the basis of clause 5 of part 2 of article 5 of the Federal Law of December 23, 2003 N 177-FZ “On insurance of deposits of individuals in banks of the Russian Federation”.

2. The procedure for forming the remainder of the EMF

2.1. The client can provide funds to a credit organization in accordance with the agreement either by transferring them from his bank account (opened with a credit organization that provides e-money transfer services to the client, or with another credit organization), or without using a bank account, including by depositing cash by the client into ATMs and payment terminals of credit institutions and bank payment agents.
A credit institution does not have the right to provide funds to increase the client’s EMF balance.
2.2. If the client is a subscriber of a mobile operator, if the specified operator has an agreement with a credit institution that provides e-money transfer services to the client, funds to increase the client’s e-money balance can be provided to the specified credit organization in accordance with the agreement concluded with the client, at the expense of the client’s funds, which are an advance payment for mobile communication services.
2.3. The balance of the client’s EDS arises at the time the credit institution records the funds provided. In this case, the credit institution may account for funds later than they are provided.
2.4. Interest is not accrued to the client on the EDS balance, and remuneration is not paid to the client.

3. The procedure for using ESP for EMF transfer

3.1. ESP for EDS transfer is used by the client on the basis of an agreement concluded with a credit institution, including by accepting the credit institution’s offer.
3.2. The use of ESP for EDS transfer can be carried out both with and without the client identification procedure in accordance with Federal Law dated 07.08.2001 N 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”
3.3. If a credit institution carries out a client identification procedure, the ESP used by the client is personalized. At the same time, the client’s EMF balance at any time should not exceed 100 thousand rubles or an equivalent amount in foreign currency at the official exchange rate of the Bank of Russia.
3.4. If the specified procedure was not carried out, the ESP used by the client is non-personalized. At the same time, the balance of the client’s EDS at any time should not exceed 15 thousand rubles, and the total amount of EDS transferred by the client using such EDS should not exceed 40 thousand rubles during a calendar month.

4. EMF transfer services

4.1. When transferring the client's EDS, there is a simultaneous decrease in the balance of the payer's EDS and an increase in the balance of the recipient's EDS.
4.2. EDS can be transferred between clients, as well as between clients and legal entities, individual entrepreneurs. At the same time, clients using personalized ESP can receive EDS from legal entities and individual entrepreneurs.
4.3. The balance (part of it) of the client’s EDS can be transferred to the bank account of the client himself or a third party, and if the client uses a personalized EDS, the balance (part of it) of the EDS can also be transferred by order of the client without opening a bank account or issued to him in cash money. At the same time, with regard to the procedure for issuing the balance (part thereof) of EDS in cash (including the maximum amounts of cash issued), the agreement concluded by the client with the credit institution may establish appropriate restrictions.
4.4. For the provision of EDS transfer services by a credit institution, the client may be charged a commission in accordance with the agreement concluded with the client.
4.5. The credit institution is obliged to inform the client about the completion of each transaction using the electronic payment system by sending appropriate notifications in the manner established by the agreement with the client.

Accounting for electronic money

From September 29, 2011, an organization can replenish an open account with electronic money only using its bank account (Clause 3, Article 7 of Law No. 161-FZ).

Top up your electronic wallets with cash through accountable persons. The money that the organization transfers to its electronic wallet is reflected in account 55 “Special accounts in banks”, intended to summarize information about the availability and movement of money in current, special and other special accounts (Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n "On approval of the Chart of Accounts for accounting of financial and economic activities of organizations and Instructions for its application"). For account 55 it is necessary to open a sub-account “Electronic means of payment” or “Electronic money”. Analytical accounting on account 55/Electronic money is carried out, as a rule, in the context of payment systems and types of electronic money.

Tax accounting of electronic money

Commission fees for the services of a payment system in which electronic money of a legal entity is circulated for profit tax purposes can be taken into account in one of two ways:
1) as part of other expenses associated with production and sales (clause 3, clause 1, article 264 of the Tax Code of the Russian Federation);
2) as part of non-operating expenses (clause 20, clause 1, article 265 of the Tax Code of the Russian Federation).
Companies that apply a simplified taxation system also take into account commission fees for payment system services when calculating tax (clause 24, clause 1, article 346.16 of the Tax Code of the Russian Federation).

Value added tax

The amount of commission for payment system services is subject to VAT. The operator of the electronic payment system is not a credit institution, therefore, under the benefits provided for in paragraphs. 3 p. 3 art. 149 of the Tax Code, such an operation does not fall under. If all mandatory requirements of Art. Art. 171 and 172 of the Tax Code of the Russian Federation, the purchasing organization has the right to apply a tax deduction for the submitted VAT.

Tags: electronic money, electronic payment systems, law, on the national, payment, system, national payment system, commentary, features, law No. 161-FZ

A client - an individual can provide funds to an electronic money operator using a bank account or without using a bank account, as well as at the expense of funds provided by legal entities or individual entrepreneurs to an electronic money operator in favor of such a client - an individual, if an agreement between the electronic money operator and the individual client provide this opportunity.

A client - a legal entity or individual entrepreneur - provides funds to the electronic money operator only using his bank account.

The electronic money operator takes into account the client's funds by creating a record reflecting the amount of the electronic money operator's obligations to the client in the amount of funds provided (hereinafter referred to as the electronic money balance).

The electronic money operator does not have the right to provide the client with funds to increase the balance of the client’s electronic funds on the basis of a consumer credit (loan) agreement.

The electronic money operator does not have the right to accrue interest on the client’s electronic money balance.

Transfer of electronic funds is carried out on the basis of orders of payers in favor of recipients of funds. In cases provided for by agreements between the payer and the electronic money operator, between the payer and the recipient of funds, the transfer of electronic funds can be carried out on the basis of the requirements of recipients of funds in accordance with Article 6 of this Federal Law, taking into account the specifics of the transfer of electronic funds, with the exception of cases of use electronic means of payment provided for in Part 4 of Article 10 of this Federal Law.

Electronic money transfers can be carried out between payers and recipients who are clients of one electronic money operator or several electronic money operators.

When transferring electronic funds, a client - an individual can act as a payer in favor of legal entities, individual entrepreneurs, as well as provided that the client - an individual uses an electronic means of payment specified in Part 2 of Article 10 of this Federal Law, or subject to a simplified identification of the specified an individual has the right to transfer funds to another individual - the recipient of the funds.

When transferring electronic funds, legal entities or individual entrepreneurs may be recipients of funds, as well as payers if the recipient of funds is an individual using electronic means of payment specified in Part 2 of Article 10 of this Federal Law, or an individual who has undergone a simplified procedure identification.

Transfer of electronic money, except for the cases provided for in Part 9.1 of Article 9 of this Federal Law, is carried out by simultaneous acceptance by the electronic money operator of the client’s order, reducing the balance of the payer’s electronic money and increasing the balance of the recipient’s electronic money by the amount of the electronic money transfer funds or within the period provided for in Part 11 of this article.

Transfer of electronic funds using a prepaid card is carried out within no more than three working days after the electronic money operator accepts the client’s order, unless a shorter period is provided for by the agreement concluded by the electronic money operator with the client, or by the rules of the payment system.

An agreement concluded by an electronic money operator with a client may provide for the possibility of using electronic means of payment by the payer - an individual and the recipient of funds - a legal entity or individual entrepreneur, when the actions specified in part 10 of this article are not carried out simultaneously (hereinafter referred to as the autonomous mode of use electronic means of payment). In this case, the recipient of the funds is obliged to daily transfer information about completed transactions to the electronic money operator for its accounting no later than the end of the working day of the electronic money operator. This part applies to electronic money transfers using a prepaid card, unless otherwise provided by an agreement concluded by the electronic money operator with the recipient of funds or with the money transfer operator, or by the rules of the payment system.

The electronic money operator immediately after executing the client’s order to carry out an electronic money transfer sends the client confirmation of the execution of the specified order.

In the case of an autonomous mode of use of an electronic means of payment, the electronic money operator sends to the payer and, in the case provided for by the agreement, to the recipient confirmation of the transfer of electronic funds immediately after the electronic money operator takes into account the information received in accordance with Part 12 of this article. This part applies to electronic money transfers using a prepaid card, unless otherwise provided by an agreement concluded by the electronic money operator with the recipient of funds or with the money transfer operator, or by the rules of the payment system.

The transfer of electronic funds becomes irrevocable and final after the electronic money operator carries out the actions specified in part 10 or 11 of this article.

In the case of an autonomous mode of use of an electronic means of payment, the transfer of electronic funds becomes irrevocable at the moment the client uses the electronic means of payment in accordance with the requirements of Part 12 of this article and final after the electronic money operator takes into account the information received in accordance with Part 12 of this article.

The payer's monetary obligation to the recipient of funds terminates upon the finality of the electronic funds transfer.

In the case of an autonomous mode of using an electronic means of payment, the payer’s monetary obligation to the recipient of funds terminates at the moment the electronic money transfer becomes irrevocable.

The electronic money operator keeps records of information on electronic money balances and completed electronic money transfers on an ongoing basis.

In addition to the transfer of electronic funds, funds taken into account by the operator of electronic funds as the balance (part thereof) of electronic funds of a client - an individual using an electronic means of payment, provided for in Part 4 of Article 10 of this Federal Law, can be, by his order, transferred to bank account in favor of legal entities, individual entrepreneurs or to the bank account of such a client - an individual if the specified client has passed the simplified identification procedure, are aimed at fulfilling the obligations of the client - an individual to a credit institution or issued in cash in the case of using a prepaid card provided that the total amount of cash issued does not exceed 5 thousand rubles during one calendar day and 40 thousand rubles during one calendar month.

In addition to the transfer of electronic funds, funds taken into account by the operator of electronic funds as the balance (part thereof) of electronic funds of a client - an individual using an electronic means of payment, provided for in Part 2 of Article 10 of this Federal Law, can be, by his order, transferred to bank account, aimed at fulfilling the obligations of a client - an individual to a credit institution, transferred without opening a bank account or issued in cash.

In addition to the transfer of electronic funds, the balance (part thereof) of the electronic funds of a client - a legal entity or individual entrepreneur, can, by his order, be credited or transferred only to his bank account.

The client - a legal entity or individual entrepreneur is required to have a bank account opened with an electronic money operator for transferring the balance (part thereof) of electronic funds, or provide him with information about the bank account of this legal entity or individual entrepreneur opened with another credit institution, to which the balance (part thereof) of electronic funds can be transferred.

Transfers of electronic funds in foreign currency between residents, transfers of electronic funds in foreign currency and the currency of the Russian Federation between residents and non-residents, as well as transfers of electronic funds in foreign currency and the currency of the Russian Federation between non-residents are subject to the requirements of the currency legislation of the Russian Federation , acts of currency regulation authorities and acts of currency control authorities. The concepts and terms used in this paragraph are used in the meaning in which they are used in the Federal Law of December 10, 2003 N 173-FZ “On Currency Regulation and Currency Control”, unless otherwise provided by this Federal Law.

Before concluding an agreement with an individual client, the electronic money operator is obliged to provide him with the following information:

• 1) on the name and location of the electronic money operator, as well as the number of its license to carry out banking operations;
• 2) on the conditions for using an electronic means of payment, including offline;
• 3) about the methods and places of making electronic money transfers;
• 4) on the methods and places of provision of funds by a client - an individual to the electronic money operator;
• 5) on the amount and procedure for collecting remuneration by the electronic money operator from an individual in the case of collecting remuneration;
• 6) about the methods of filing claims and the procedure for their consideration, including information for contacting the electronic money operator.

2.3. The procedure for transferring funds in the Russian Federation

Currently, in the Russian Federation, the procedure for transferring funds is regulated by Bank of Russia Regulation No. 383-P “On the rules for transferring funds.”

Transfer of funds is carried out within the framework of the following forms of non-cash payments(see Fig. 2.3.1.):

Rice. 2.3.1. Forms of non-cash payments.

Forms of non-cash payments are chosen by bank clients independently and may be provided for in agreements concluded by them with their counterparties.

Bank clients draw up orders for the transfer of funds, on the basis of which the transfer of funds is carried out. The Bank of Russia uses the general term “orders” to designate all documents on the basis of which credit institutions carry out money transfers. Regulation No. 383-P establishes detailed descriptions and characteristics of the following orders:

- payment order;

– collection order;

– payment request;

– payment order.

The listed forms of orders are used within all forms of non-cash payments. In addition to the four indicated forms of orders, other types of orders may be used in banking practice, for which the Regulations do not establish a list of details and forms. If a credit institution uses “non-standard” orders in its activities, then their forms, details and the procedure for working with them must be approved by the credit institution’s internal documents.

TO settlement (payment) documents, In addition to orders for the transfer of funds, bank orders also apply.

According to the Bank of Russia, in January-September 2013, 3,242.9 million units were used in Russia. payment documents in the amount of 321,333.4 million rubles, of which 97.2% are payment orders, 0.6% are payment requests and collection orders, 0.0% are checks, about 2% are bank orders.

Orders can be drawn up both electronically (including using electronic means of payment) and on paper. Based on the payer’s order, the payer’s bank can draw up an order and carry out one-time and periodic transfers of funds.

In the money transfer scheme drafters of orders the transfer of funds may include:

– payers;

– recipients of funds;

– collectors of funds (i.e. persons or bodies who have the right, on the basis of law, to submit orders to the bank accounts of payers);

The payers and recipients of funds are legal entities, individual entrepreneurs, individuals, and banks.

Credit organizations transfer funds in rubles to the bank accounts of their clients, as well as without opening bank accounts on the basis of transfer orders. Banks transfer funds to bank accounts through:

– debiting funds from the bank accounts of payers and crediting funds to the bank accounts of recipients of funds;

– debiting funds from payers’ bank accounts and issuing cash to recipients – individuals;

– debiting funds from bank accounts of payers and increasing the balance of electronic funds of recipients.

– Credit organizations transfer funds without opening bank accounts, including using electronic means of payment, through:

– acceptance of cash, orders from the payer - an individual and crediting of funds to the bank account of the recipient of funds;

– acceptance of cash, orders from the payer - an individual and issuance of cash to the recipient of funds - an individual;

– acceptance of cash, orders of the payer - an individual and increase in the balance of electronic funds of the recipient of funds;

– reducing the balance of the payer’s electronic funds and crediting funds to the recipient’s bank account;

– reducing the balance of the payer’s electronic funds and issuing cash to the recipient of the funds – an individual;

– reducing the balance of electronic money of the payer and increasing the balance of electronic money of the recipient.

Let's take a closer look at the forms of non-cash payments.

1. Settlements by payment orders. When making payments by payment orders, the payer's bank undertakes to transfer funds from the payer's bank account or without opening the payer's bank account (for an individual) to the recipient of the funds specified in the payer's order.

Schematically, calculations by payment orders can be depicted as follows (see Fig. 2.3.2. and 2.3.3.).

Rice. 2.3.2. Scheme of settlements by payment orders on the payer’s bank account.

Based on the requirements of the regulator arising from Regulation No. 383-P, it is possible to determine when a credit institution uses a settlement (payment) document in the form of a payment order.

Rice. 2.3.3. Scheme of settlements by payment orders without opening a bank account for the payer.

Firstly, legal entities and individuals can give orders to write off funds from their bank accounts, including the transfer of funds from a deposit account. An order can be drawn up for a total amount with a register that includes orders of one priority group to transfer funds to several recipients.

Secondly, legal entities can give orders to carry out settlements without opening an account, including using electronic payment means, to transfer electronic funds from the client’s bank account to the bank’s account. Otherwise, a legal entity can submit an order in electronic form for the transfer of funds, including through an electronic money transfer, on the basis of which the bank will draw up a settlement document - a payment order.

In a similar manner, an individual payer gives an order to transfer funds without opening a bank account, which can be drawn up in the form of an application. The form of an order for the transfer of funds without opening a bank account for an individual payer on paper is established by the credit institution or recipients of funds in agreement with the bank. It must indicate the details of the payer, recipient of funds, banks, transfer amount, purpose of payment, and other information as agreed with the bank. Based on the order of the individual payer, provided electronically or on paper, the credit institution draws up a settlement document - a payment order and carries out settlements. Based on the orders of individual payers, a credit institution can draw up a payment order for the total amount and send it to the recipient bank of the register or orders of individual payers.

Thirdly, the bank itself can act as a payer or recipient of funds. He has the right to independently develop a form of order on the basis of which a payment order will be drawn up, with the exception of the case when the payer is the bank itself, and the recipient is the bank’s client. Then the transfer of funds to the bank account of the client-recipient of funds is carried out by the bank on the basis of a settlement document drawn up by it - a bank order. If the payer is a bank, the transfer of funds to the bank account of the client - the recipient of funds can be carried out by the bank on the basis of a bank order drawn up by it.

A payment order as a settlement document performs the function of an order or a settlement document drawn up on the basis of an order for non-cash payments by payment orders, settlements under a letter of credit, and settlements in the form of an electronic money transfer.

Please note that the payment order is valid for submission to the bank within 10 calendar days from the date of its preparation.

2. Settlements under a letter of credit. When making payments under a letter of credit, the bank, acting on the order of the payer to open the letter of credit and in accordance with its instructions, undertakes to transfer funds to the recipient of the funds, provided that the recipient of the funds presents the documents provided for by the letter of credit and confirming the fulfillment of its other conditions, or grants the authority to another bank to execute letter of credit

Thus, we can highlight the following features of the letter of credit form of payment:

– the recipient of the funds, before receiving the money, must fulfill the conditions stipulated by the letter of credit, for example, he must first ship the goods and provide documents confirming the shipment to his bank;

– the recipient of funds, before fulfilling his part of the contract (for example, before shipping the goods), knows that the buyer has deposited the money for him or has a bank guarantee in case the buyer fails to fulfill his obligations to transfer funds;

– on the part of the payer, an important condition is the fact that the delivered goods will be of appropriate quality, in the agreed volume and assortment (for this, the terms of the letter of credit must indicate that the seller must submit to the bank certain documents confirming the quality, quantity and assortment of goods).

The bank acting on the payer's order to open a letter of credit is called the issuing bank. The executing bank may be the payer's bank, the recipient's bank, or another bank. The issuing bank has the right to open a letter of credit in its own name and at its own expense. In this case, the issuing bank is the payer.

The details and form (on paper) of the letter of credit are established by the bank. The letter of credit must contain the following mandatory information:

– number and date of the letter of credit;

– the amount of the letter of credit;

– payer details;

– details of the issuing bank;

– details of the recipient of funds;

– details of the executing bank;

– type of letter of credit;

– validity period of the letter of credit;

– method of execution of the letter of credit;

– a list of documents to be submitted by the recipient of funds and requirements for the documents submitted;

- purpose of payment;

– deadline for submitting documents;

– need for confirmation (if any);

– procedure for paying bank commissions.

The letter of credit may contain other information.

In Russia the following can be used types of letters of credit.

Covered (deposited) letter of credit. This form of letter of credit is the most common; it provides that the buyer opens an account with a bank (issuing bank) and deposits funds into it in the amount necessary to pay for the letter of credit (or takes them from this bank as a secured loan). The issuing bank transfers these funds to the correspondent account of the executing bank. When the time for execution of the letter of credit comes, the executing bank transfers the funds held in its correspondent account to the seller’s account (see Fig. 2.3.4.).

Rice. 2.3.4. Scheme of settlements under a deposited letter of credit.

The executing bank communicates the terms of the letter of credit received from the issuing bank to the recipient of the funds. The transfer of funds to the executing bank as cover for a covered (deposited) letter of credit is carried out by a payment order from the issuing bank indicating information that allows the establishment of the letter of credit, including the date and number of the letter of credit. The recipient of funds can submit documents directly to the issuing bank. For a covered (deposited) letter of credit, the issuing bank is obliged to request confirmation from the executing bank that the recipient of funds did not submit documents to the executing bank, and has the right to demand that the executing bank return the amount of coverage based on a request confirming the submission of documents by the recipient of funds to the issuing bank, and in the case of a confirmed letter of credit – also execution of the letter of credit by the issuing bank. In this case, the executing bank returns the coverage amount no later than the business day following the day of receipt of the request from the issuing bank. Execution of a letter of credit is carried out by transferring funds by payment order of the executing bank to the bank account of the recipient of funds or by crediting the corresponding amount to the bank account of the recipient of funds with the executing bank. After execution of the letter of credit, the executing bank sends to the issuing bank a notice of execution of the letter of credit indicating the amount of execution and attaching the submitted documents no later than three business days after the day of execution of the letter of credit. If a discrepancy is established by external signs between the documents accepted by the executing bank from the recipient of funds and the terms of the letter of credit, the issuing bank has the right to demand from the executing bank the return of amounts paid to the recipient of funds at the expense of the coverage transferred to the executing bank (under a covered (deposited) letter of credit), reimbursement of amounts written off from a correspondent account opened with the nominated bank, or refuse to reimburse the nominated bank for amounts paid to the recipient of funds (under an uncovered (guaranteed) letter of credit). When closing a covered (deposited) letter of credit, the return of unused funds to the issuing bank is carried out by payment order of the executing bank no later than the business day following the day of closing the letter of credit.

Uncovered (guaranteed) letter of credit. The parties may agree to use an uncovered letter of credit. In this case, the issuing bank does not transfer the funds to the executing bank, but when the time for execution of the letter of credit comes, the executing bank debits the required amount from the account of the issuing bank opened with it to the settlement account of the seller. In this case, the buyer's bank guarantees payment to the seller's bank. In turn, the buyer must guarantee payment to the bank by providing collateral. The advantage of this form of letter of credit for the buyer is that to open a letter of credit it is not necessary to withdraw your own funds from circulation (see Fig. 2.3.5.)

Rice. 2.3.5. Scheme of settlements under a guaranteed letter of credit.

When executing an uncovered (guaranteed) letter of credit, the executing bank has the right not to execute the letter of credit until funds are received from the issuing bank, except in the case of confirmation of the letter of credit by the confirming bank.

Irrevocable a letter of credit cannot be canceled at the unilateral request of the buyer without the consent of the seller. Most letters of credit are irrevocable because this ensures the interests of the supplier. The recipient's consent to change the terms of an irrevocable letter of credit can be expressed by submitting documents that comply with the changed terms of the letter of credit. The conditions of an irrevocable letter of credit are amended or the irrevocable letter of credit is canceled from the day following the day the executing bank receives the application of the recipient of the funds with his consent, of which the executing bank notifies the issuing bank no later than three working days from the day of receipt of the application of the recipient of the funds.

However, it is imperative to take into account that if it is not expressly stated that the letter of credit is irrevocable, then it is considered revocable. When executing a revocable letter of credit, the executing bank executes the letter of credit in full amount and on the current terms of the letter of credit if, before submitting the documents, the recipient of the funds has not received notice from the issuing bank about the cancellation of the letter of credit or changing other conditions of the letter of credit, in part of the amount of the letter of credit - upon receipt from the issuing bank notifications about reducing the amount of the letter of credit.

When it is established that the submitted documents comply with the terms of the letter of credit, the executing bank executes the letter of credit. The bank can execute a letter of credit in the following ways:

– directly upon submission of documents no later than three working days from the date the bank makes a decision on the compliance of the documents submitted by the recipient of funds with the terms of the letter of credit, but no later than three working days after the expiration of the five-day period established for verification of the submitted documents;

– with a deferment of execution on a date(s) specified by the terms of the letter of credit or a specified period, starting from the date of completion of certain actions, including the presentation of documents, shipment of goods;

– in another way provided for by the terms of the letter of credit.

If it is established that the submitted documents do not conform on external grounds to the terms of the letter of credit, the executing bank has the right to refuse to execute the letter of credit, notifying the recipient of the funds and the issuing bank, motivating the refusal. The executing bank may first request the issuing bank to agree to accept the submitted documents with discrepancies. In this case, the documents are stored in the executing bank until a response from the issuing bank is received. If the payer gives the issuing bank consent to accept the submitted documents with discrepancies, the issuing bank has the right to give its consent to the executing bank to execute the letter of credit. If the payer refuses to accept documents with discrepancies, the issuing bank is obliged to notify the executing bank about this, indicating in the notification all discrepancies that are the reason for the refusal.

3. Settlements by collection orders. Collection orders are applied:

– when paying for collection in cases provided for by the agreement;

– when making payments according to the orders of fund collectors.

The recipient of the funds may be a bank, including the payer's bank.

The collection order is drawn up, presented, accepted for execution and executed electronically, on paper.

The use of collection orders in settlements for collection is carried out, firstly, if there is a provision in the bank account agreement between the payer and his bank about debiting funds from the bank account, and secondly, the payer provides to the payer’s bank information about the recipient of funds who has the right to present collection orders to the payer's bank account.

The right to submit collection orders to the payer's bank account can be confirmed by the recipient of funds by submitting the relevant documents to the payer's bank.

If the recipient of the funds is the payer's bank, the condition for debiting funds from the payer's bank account may be provided for in the bank account agreement on the basis of a bank order drawn up by the bank.

The scheme for settlements by collection orders is presented in Figure 2.3.6.

Rice. 2.3.6. Scheme of payments by collection orders.

The collection order of the collector of funds can be presented to the payer's bank through the recipient's bank. The recipient's bank, which has accepted a collection order for the purpose of collecting funds, is obliged to present the collection order to the payer's bank.

A collection order submitted through the recipient's bank is valid for submission to the recipient's bank within 10 calendar days from the date of its preparation.

4. Payments by checks. This form of payment, which is practically not used today, is given several paragraphs in Regulation No. 383-P, indicating that a bank that wants to work with them can develop internal rules. The check may contain details determined by the credit institution; the form of the check is established by the credit institution; the credit institution is obliged to verify the authenticity of the check, as well as that the bearer of the check is the person authorized by it; checks from credit institutions are used when transferring funds, with the exception of transfers of funds by the Bank of Russia. The calculation scheme is presented in Figure 2.3.7.

Please note that a check serves as an order, but not as a settlement (payment) document. Based on the check presented for payment, the credit institution must generate its settlement (payment order) or cash (cash order) document, thereby justifying the movement of funds.

Rice. 2.3.7. Payments by checks.

5. Payments in the form of funds transfer at the request of the recipient of funds (direct debit). When making non-cash payments in the form of transferring funds at the request of the recipient of funds, the payment requirement is mainly applied.

If the recipient of the funds is a bank (for example, in the case when a borrower’s debt on a loan from his bank is repaid by direct debit), funds can be written off from the bank account of the payer client, in the presence of the payer’s prior acceptance, can be carried out by the bank in accordance with the bank account agreement on the basis bank order drawn up by the bank (see Fig. 2.3.8.)

The payment request is drawn up, submitted, accepted for execution and executed electronically, on paper.

A payment request can be submitted to the payer's bank through the recipient's bank.

A payment request submitted through the recipient's bank is valid for submission to the recipient's bank within 10 calendar days from the date of its preparation.

Rice. 2.3.8. Settlements in the form of transfer of funds at the request of the recipient of funds.

6. Electronic money transfers. This form of non-cash payments is regulated by Federal Law dated June 27, 2011 No. 161-FZ “On the National Payment System”.

Banks can carry out transfers, including various conversions of electronic funds into traditional (cash, non-cash) funds and vice versa, including:

– transfers of funds to bank accounts;

– money transfers without opening bank accounts.

In the first case, transfers are carried out by debiting funds from the bank accounts of payers and increasing the balance of electronic funds (EMF) of recipients.

In the second case – when making transfers without opening bank accounts (with the sender of the payment) – the following options are possible:

a) acceptance of cash, orders of the payer - an individual and increase in the balance of the recipient of the funds;

b) reducing the payer’s e-money balance and crediting funds to the recipient’s bank account;

c) reducing the balance of the payer’s e-money and issuing cash to the recipient of the funds - an individual;

d) decrease in the balance of the payer’s EDS and increase in the balance of the payee’s EDS.

Note that in accordance with Federal Law No. 161-FZ, a bank that carries out electronic money transfers is called electronic money operator.

When making non-cash payments in the form of electronic money transfer, the client provides funds to the electronic money operator on the basis of an agreement concluded with him.

Please note that the electronic money operator does not have the right to provide the client with funds to increase the client’s electronic money balance. The electronic money operator does not have the right to accrue interest on the client’s electronic money balance.

The transfer of electronic money is carried out by simultaneous acceptance by the electronic money operator of the client's order, reducing the balance of the payer's electronic money and increasing the balance of the recipient's electronic money by the amount of the electronic money transfer.

Let's consider further procedures for accepting for execution, recall, return (cancellation) of orders and the procedure for their execution. The procedure for performing such procedures is established by credit institutions and is communicated to clients, fund collectors, and credit institutions in contracts, documents explaining the procedure for accepting orders for execution, as well as by posting information at customer service points.

Procedures for accepting orders for execution include:

1) certification of the right to dispose of funds (certification of the right to use an electronic means of payment);

2) control of the integrity of orders;

3) structural control of orders;

4) control of the values ​​of order details;

5) control of funds sufficiency.

Let's study each of these stages in more detail.

1) Certification of the right to dispose of funds when accepting an order for execution in electronic form, the bank carries out it by checking an electronic signature, an analogue of a handwritten signature and (or) codes and passwords. Certification of the right to dispose of funds when accepting an order on paper for execution is carried out by the bank by checking the presence and compliance of a handwritten signature and seal imprint with the samples declared to the bank in the card with sample signatures and seal imprint. When accepting for execution an order from an individual to transfer funds without opening a bank account on paper, the credit institution checks for the presence of a handwritten signature. Certification of the right to use an electronic means of payment is carried out by a credit institution by checking the number, code and (or) other identifier of the electronic means of payment.

2) Control of order integrity in electronic form is carried out by the bank by checking the immutability of the order details. Control of the integrity of the order on paper is carried out by the bank by checking the absence of changes (corrections) made to the order. Registration of orders in electronic form, on paper, is carried out in the manner established by the bank, indicating the date of receipt of the order, while orders of fund collectors are subject to mandatory registration.

3) Structural control of the order in electronic form is carried out by the bank by checking the established details and the maximum number of characters in the order details. Structural control of orders on paper is carried out by the bank by checking the compliance of the order with the established form.

4) Control of order details values carried out by checking the values ​​of order details, their admissibility and compliance. Upon receipt of an order from the payer requiring the consent of a third party to dispose of the payer’s funds, the payer’s bank monitors the availability of the third party’s consent in the manner prescribed by law and the agreement. The consent of a third party to dispose of the payer’s funds can be given electronically or on paper in the manner provided for in the agreement.

Upon receipt of an order from the recipient of funds requiring acceptance payer, the payer’s bank monitors the presence of a pre-given payer’s acceptance or, in the absence of a pre-given payer’s acceptance, receives the payer’s acceptance.

This acceptance by the payer may be given in advance in an agreement between the payer’s bank and the payer and (or) in the form of a separate message or document, including a statement about this acceptance in advance. This acceptance must be given in advance before presenting the order of the recipient of the funds. This acceptance may be given in advance in relation to one or more bank accounts of the payer, one or more recipients of funds, one or more orders of the recipient of funds.

Receiving the payer's acceptance is carried out by the payer's bank by transmitting the payee's order or notification in electronic form or on paper for acceptance to the payer and receiving the payer's acceptance (refusal of acceptance) with the preparation of an application for acceptance (refusal of acceptance) of the payer. The orders of the recipients of funds are placed in the queue of orders awaiting acceptance.

5) Monitoring the sufficiency of funds in the payer’s bank account carried out by the payer's bank when accepting for execution each order multiple times or once in the manner established by the bank. If there are sufficient funds in the payer's bank account, orders are subject to execution in the sequence of receipt of orders to the bank and receipt of acceptance from the payer. If there are insufficient funds in the payer’s bank account, orders are not accepted by the bank for execution and are returned (cancelled), with the exception of:

– orders for the transfer of funds to the budgets of the budget system of the Russian Federation;

– orders of fund collectors;

– orders accepted by the bank for execution or presented by the bank in accordance with the agreement.

The specified orders accepted for execution are placed by the bank in the queue of orders not executed on time for execution of orders on time and in the order of debiting funds from a bank account, which are established by the Civil Code of the Russian Federation. If there are insufficient funds in the account to satisfy all demands placed on it, funds are written off in the following order (see Fig. 2.3.9.).

The sufficiency of funds for orders accepted for execution for the purpose of transferring funds without opening a bank account is determined by the credit institution based on the amount of funds provided by the client.

When carrying out transactions using electronic means of payment, the credit institution of the recipient of funds, in cases provided for by the agreement, receives the consent of the payer's credit organization to carry out the operation using an electronic means of payment. This process is called below - authorization. If the authorization result is positive, the payer’s credit institution is obliged to provide funds to the recipient’s credit institution in the manner prescribed by the agreement.

If the results of the procedures for accepting orders for execution in electronic form are positive, the bank accepts the order for execution and sends a notification to the sender of the order in electronic form about acceptance of the order for execution. If an order is placed in the queue of orders not executed on time, the bank indicates in the order and in the notification in electronic form the date the order was placed in the queue. If the results of the procedures for accepting an order on paper are positive, the bank accepts the order for execution, confirms the acceptance of the order for execution by indicating the date it was accepted for execution, the date the order was placed in the queue of orders not executed on time, the bank stamp and the signature of the bank’s authorized person, and returns to the sender of the order, a copy of the order in the manner and within the period stipulated by the agreement, but no later than the business day following the day the order was received by the bank.

Rice. 2.3.9. The order in which funds are written off if there are insufficient funds in the account.

If the results of the procedures for accepting for execution an order on paper submitted for the purpose of transferring funds without opening a bank account are positive, the credit institution accepts the order for execution and immediately after completing the procedures for accepting the order for execution provides the sender of the order with a copy of the order on paper or a credit document organization on paper, confirming acceptance of the order for execution, indicating the date of acceptance and the bank’s marks, including the signature of the bank’s authorized person.

If the results of the procedures for accepting an order for execution in electronic form are negative, the bank does not accept the order for execution and sends to the sender of the order a notification in electronic form about the cancellation of the order indicating information that allows the sender of the order to identify the canceled order, the date of its cancellation, as well as the reason for cancellation, which may be indicated in the form of a code established by the bank and brought to the attention of the sender of the order. If the results of the procedures for accepting for execution an order on paper submitted for the purpose of transferring funds through a bank account are negative, the bank does not accept the order for execution and returns it to the sender of the order with the date of return, the bank’s note about the reason for the return, the bank’s stamp and the signature of the authorized person. of the bank no later than the business day following the day the order was received by the bank. If the results of the procedures for accepting for execution an order on paper, submitted for the purpose of transferring funds without opening a bank account, are negative, the credit institution does not accept the order for execution and immediately after completing the procedures for accepting the order for execution returns it to the sender of the order.

Cancellation unexecuted orders are carried out by the bank no later than the business day following the day on which the basis for canceling the order arose, including the receipt of an application for revocation.

Procedures for executing orders include:

– execution of orders in the manner established by banks, by writing off funds from the payer’s bank account, crediting funds to the recipient’s bank account, issuing cash to the recipient of funds, or recording information about completed electronic money transfers;

– partial execution of orders;

– confirmation of execution of orders.

The order of execution procedures orders, including orders for the total amount with registers, are established by credit institutions and communicated to clients, fund collectors, credit institutions in contracts, documents explaining the procedure for executing orders, as well as by posting information at customer service points.

The bank of the recipient of funds establishes the procedure for crediting funds to the bank account of the recipient of funds, and it is allowed to credit funds to the bank account of the recipient of funds using two details: the bank account number of the recipient of funds and other information about the recipient of funds.

Partial execution of orders of payers, recipients of funds, including orders for which partial acceptance was given by the payer, recoverers of funds is carried out by the bank payment order in electronic form or on paper.

A payment order drawn up by the bank for the purpose of partial execution of the order of the recipient of funds, for which partial acceptance by the payer was received, if there are insufficient funds in the payer’s bank account, is placed in the queue of orders not executed on time.

When maintaining a queue of orders not executed on time electronically, the bank provides the opportunity to provide information about the partial execution of an order.

Partial execution of the order of the payer (recipient of funds) in electronic form or on paper, transmitted for the purpose of transferring funds to a bank account, is confirmed in the manner established by the bank, by means of:

– sending a notice to the payer (recipient of funds) in electronic form indicating the details of the payment order or sending a payment order in electronic form indicating the execution date;

– presenting to the payer (recipient of funds) a copy of the executed payment order on paper indicating the date of execution, affixing the bank’s stamp and the signature of the bank’s authorized person.

Execution of an order electronically for the purpose of transferring funds to a bank account is confirmed by:

– by the payer’s bank by sending the payer a notice in electronic form about the debiting of funds from the payer’s bank account indicating the details of the executed order or by sending the executed order in electronic form indicating the execution date;

– by the bank of the recipient of funds by sending to the recipient of funds a notice about the crediting of funds to the bank account of the recipient of funds indicating the details of the executed order or by sending an executed order indicating the execution date.

Execution of an order on paper for the purpose of transferring funds to a bank account is confirmed by:

– by the payer’s bank by presenting to the payer a copy of the executed order on paper indicating the date of execution, affixing the bank’s stamp and the signature of the bank’s authorized person. In this case, the stamp of the payer’s bank can simultaneously confirm the acceptance for execution of an order on paper and its execution;

– by the bank of the recipient of funds by presenting to the recipient of funds a copy of the executed order on paper indicating the date of execution, affixing the bank’s stamp and the signature of the bank’s authorized person.

The execution of the client's order when carrying out a transaction using an electronic means of payment is confirmed by the credit institution by sending to the client, in the manner established by the agreement, a notice to the credit organization in electronic form or on paper, confirming the execution of the transaction using an electronic means of payment, which must indicate:

– name or other details of the credit institution;

– number, code and (or) other identifier of the electronic means of payment;

– type of operation;

- Date of operation;

– transaction amount;

– the amount of commission if it is charged;

– device identifier when used to carry out an operation using an electronic means of payment.

A notice confirming the execution of a transaction using an electronic means of payment may contain additional information established by the credit institution.

In conclusion, we note that according to clause 1.8 of Regulation No. 383-P, credit institutions must approve internal documents containing:

– the procedure for drawing up orders;

– the procedure for performing the procedures for acceptance for execution, recall, return (cancellation) of orders;

– the procedure for executing orders;

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This is precisely the aspect of non-cash payments for which credit institutions will have to develop a regulatory framework almost from scratch.
This work should begin not even with a thorough study of the relevant sections of Regulation No. 383-P, but with the Federal Law of June 27, 2011 No. 161-FZ “On the National Payment System”. It is this document that introduces the definition of the most important terms relating to electronic money, as well as the basic rules for working with them. Regulation No. 383-P adds practically nothing new to the requirements of the law.
Transfer of electronic funds (hereinafter referred to as EMF) is carried out in accordance with legislation and contracts, taking into account the requirements of Regulation No. 383-P.
Banks can carry out transfers, including various conversions of e-money into traditional (cash, non-cash) funds and vice versa, including:

Transfers of funds to bank accounts;

Transfers of funds without opening bank accounts

In the first case, transfers are carried out by debiting funds from the bank accounts of payers and increasing the EDS balance of recipients.
In the second case - when making transfers without opening bank accounts (with the sender of the payment) - the following options are possible:

Acceptance of cash, orders of the payer - an individual and increase in the balance of the recipient of funds;

Reducing the balance of the payer’s e-money and crediting funds to the recipient’s bank account;

Reducing the balance of the payer’s e-money and issuing cash to the recipient of the funds - an individual;

Decrease in the balance of the payer's EDS and increase in the balance of the payee's EDS.

Transfer of electronic funds is carried out on the basis of orders of payers in favor of recipients of funds. In cases provided for by agreements between the payer and the electronic money operator, between the payer and the recipient of funds, the transfer of electronic funds can be carried out on the basis of the requirements of recipients of funds in accordance with Article 6 of this Federal Law, taking into account the specifics of the transfer of electronic funds, with the exception of cases of using electronic means of payment provided for in Part 4 of Article 10 of this Federal Law.

8. Transfer of electronic funds can be carried out between payers and recipients of funds who are clients of one electronic money operator or several electronic money operators.

15. The transfer of electronic funds becomes irrevocable and final after the electronic money operator carries out the actions specified in part 10 or 11 of this article.

(as amended by Federal Law dated December 28, 2013 N 403-FZ)

(see text in the previous edition)

16. In the case of an autonomous mode of use of an electronic means of payment, the transfer of electronic funds becomes irrevocable at the moment the client uses the electronic means of payment in accordance with the requirements of Part 12 of this article and final after the electronic money operator takes into account the information received in accordance with Part 12 of this article.

17. The payer’s monetary obligation to the recipient of funds terminates upon the finality of the transfer of electronic funds.

18. In the case of an autonomous mode of use of an electronic means of payment, the payer’s monetary obligation to the recipient of funds terminates at the moment the electronic money transfer becomes irrevocable.

19. The electronic money operator keeps records of information on electronic money balances and completed electronic money transfers on an ongoing basis.

25. Before concluding an agreement with an individual client, the electronic money operator is obliged to provide him with the following information:

1) on the name and location of the electronic money operator, as well as the number of its license to carry out banking operations;