Regulation on the emission of payment cards 266 p. Legal regulation of the circulation of bank cards

It does not work Editorial 24.12.2004

"Regulations on the emission of bank cards and on operations committed using payment cards" (appr. Central Bank of the Russian Federation 24.12.2004 N 266-P)

This provision is developed on the basis of part of the Second Civil Code Russian Federation (Meeting of the legislation of the Russian Federation, 1996, N 5, Art. 410; N 34, Art. 4025; 1997, N 43, Art. 4903; 1999, N 51, Art. 6228; 2002, N 48, Art. 4737; 2003 , N 2, Art. 160, 167; N 13, Art. 1179; N 46 (Part I), Art. 4434; N 52 (Part I), Art. 5034), Federal Law "On Central Bank Of the Russian Federation (Bank of Russia) "(meeting of the legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52 (Part I), Art. 5032; 2004, N 27, Art. 2711 ; N 31, Art. 3233), Federal Law "On Banks and Banking Activities" (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Meeting of the legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, 3469; 2001, N 26, Art. 2586; N 33 (Part I), Art. 3424; 2002, N 12, Art. 1093 ; 2003, N 27 (Part I), Art. 2700; N 50, Art. 4855; N 52 (Part I), Art. 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, Art. 3233), Federal Law "On currency regulation and currency control "(Meeting of the legislation of the Russian Federation, 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 Council of Directors of the Bank of Russia dated December 17, 2004 N 31) establishes the procedure for issuing in the Russian Federation bank cards (hereinafter - the issue of bank cards) by credit institutions (hereinafter - credit organizations - issuers) and the features of the implementation by credit organizations of transactions with payment cards whose issuer may be credit organisation or a legal entity that is not a credit organization.

Chapter 1. General

1.1. The present situation applies to credit organizations, with the exception of non-bank credit institutions carrying out deposit and credit operations.

1.2. The requirements of these provisions do not apply to emitative cards that are not credit organizations intended for individuals, legal entities and individual entrepreneurs of pre-paid goods (works, services, results of intellectual activity).

1.3. The following terms are used in the present position:

aTM - Electronic software and technical complex designed to make without the participation of an authorized employee of the credit organization of issuing (admission) of cash money, including using payment cards, and the transfer of the Credit Organization Regulations on the transfer of funds from a bank account (contribution account) of the Client, as well as to compile documents confirming the relevant operations;

personalization - procedure for applying for a payment card and (or) record in memory of the microprocessor, on a magnetic strip payment card information provided by the rules of the calculation participants;

register of payments for transactions using payment cards (hereinafter referred to as the registry of payments) - a document or a set of documents containing information on operations performed using payment cards for a certain period of time drawn up legal entity or its structural unit, carrying out the collection, processing and distribution to the participants of the calculations - credit organizations of information on transactions with payment cards (processing center), and provided in electronic form and (or) on paper;

electronic magazine - a document or a set of documents in electronic form formed for a certain period of time when performing operations using an ATM and (or) electronic terminal.

1.4. On the territory of the Russian Federation, credit organizations - issuers carry out the issue of bank cards, which are a type of payment cards as a tool of non-cash settlements, intended for individuals, including authorized legal entities (hereinafter - holders), cash transactions located at the Issuer, According to the legislation of the Russian Federation and the agreement with the Issuer.

1.5. The credit institution has the right to emission of bank cards of the following types: settlement cards, credit cards and prepaid cards.

The calculation card is designed to perform operations by its holder within the required credit institution - the issuer of the amount of funds (consumable limit), the calculations for which are carried out at the expense of the Customer's funds on its bank account, or the loan provided by the Credit Organization - the issuer to the Client in accordance with a bank account agreement with insufficiency or absence in bank account of cash (overdraft).

The credit card is intended to be performed by the holder of operations, the calculations on which are carried out at the expense of funds provided by the credit institution - the issuer to the client within the established limit in accordance with the terms of the loan agreement.

The prepaid card is designed to make it a holder of operations, the calculations on which are carried out by a credit institution - the issuer on their own behalf, and certifies the right to claim a prepaid card holder to a credit organization - the issuer for the payment of goods (works, services, intellectual results) or cash issuance .

1.6. The credit organization (with the exception of the estimated non-banking credit organization) carries out the issue of settlement cards and credit cards for individuals, legal entities and individual entrepreneurs, prepaid cards for individuals. The estimated non-banking credit organization carries out the issue of settlement cards for legal entities and individual entrepreneurs, prepaid cards for individuals.

Emissions of bank cards for individuals, individual entrepreneurs, legal entities are carried out by a credit institution on the basis of an agreement providing for the operations using bank cards. Emissions of settlement cards and credit cards intended for performing operations related to their own economic activities A credit institution is carried out on the basis of the order of the sole executive body of the credit institution.

1.7. The credit institution has the right to carry out in the territory of the Russian Federation issuing bank cards of other credit institutions - issuers and payment cards of issuers - foreign legal entities that are not foreign banks (hereinafter - distribution of payment cards).

1.8. Specific conditions for the provision of cash for settlements on operations committed using settlement cards, credit cards, the procedure for the return of the funds provided, as well as interest and pay interest on the specified cash can be determined in the contract with the client.

Providing cash by credit institution to customers for settlements on transactions performed using settlement cards, credit cards is carried out through the enrollment of the specified cash on customer bank accounts. The fulfillment of obligations to return the funds provided and payment for them is carried out by customers in non-cash, by writing or transferring the specified funds from bank accounts open in a credit organization - the issuer or other credit institution, as well as cash through the cashier and (or) ATM - customers - individuals.

Providing a credit institution to the Customer-non-resident of funds in the currency of the Russian Federation for settlements on operations committed using settlement cards, credit cards, through the enrollment of these funds to bank accounts of non-resident customers is carried out without the use of a special bank account of the non-resident client.

1.9. On the territory of the Russian Federation, credit organizations (hereinafter referred to as credit organizations - boards) carry out settlements with trade-made organizations (services) on operations committed using payment cards, and (or) provide cash to cash payment cardholders who are not customers of the specified credit institutions ( Next - acquiring)<*>.

<*> Reference: The terms "Equirer" and "acquiring" are contained in the glossary of terms used in payment and settlement systems. // Committee on Payment and Estimated Systems - Bank of International Claims - March 2003 - P. 7.

1.10. The credit institution has the right to simultaneously emission of bank cards, acquiring payment cards, as well as the dissemination of payment cards. Emission of bank cards, acquiring payment cards, as well as the dissemination of payment cards is carried out by credit institutions on the basis of intrabank rules developed by a 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 the settlements containing them Rights, duties and procedures for settlements between them.

1.11. Intrabank rules are approved by the Office of the Credit Organization, authorized by its charter, and must be required for all employees of the credit institution. Intrabank rules depending on the features of the activities of the credit institution must contain:

the procedure for the activities of the credit organization associated with the issuance of bank cards;

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

the procedure for the activities of the credit organization associated with the distribution of payment cards;

the procedure for the activities of the credit institution in the implementation of settlements on operations committed using payment cards;

risk management system in the implementation of operations using payment cards, including the evaluation procedure credit risk;

the procedure for the credit institution in the event of loss by the payment card holder;

description of document management and processing technology account information on operations committed using payment cards;

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

the procedure for providing funds to the Customer in the currency of the Russian Federation and foreign currency For calculations on operations performed using settlement cards, credit cards, and the procedure for the return of these funds, as well as the procedure for accrualing interest on the amount of funds provided and the procedure for paying them to the Client in accordance with the legislation of the Russian Federation, including the Bank of Russia's regulatory acts and hereby;

other procedures governing issues of settlements on operations committed using payment cards.

1.12. The client performs operations using settlement cards, credit cards for bank account (hereinafter - according to the account individual, individual entrepreneur, legal entity), open on the basis of a bank account agreement providing for operations using settlement cards, credit cards concluded in accordance with the requirements of the legislation of the Russian Federation (hereinafter referred to as the bank account agreement).

Client-non-resident performs operations using settlement cards, credit cards on a bank account that is not a special bank account, open in the currency of the Russian Federation on the basis of a bank account agreement.

1.13. When committing a client - an individual of operations using a prepaid card of a bank account agreement (contract bank deposit) The individual is not lied.

1.14. When performing operations using a payment card, a credit organization is obliged to identify its holder in accordance with paragraph 1 of Article 7 Federal Law "On counteracting legalization (laundering) of income obtained by criminal means and financing terrorism" (Meeting of the legislation of the Russian Federation, 2001, N 33 (Part I), Art. 3418; 2002, N 44, Art. 4296) in the manner prescribed by the Regulation Bank of Russia dated August 19, 2004 N 262-P "On identifying credit institutions of clients and beneficiaries to counter the legalization (laundering) of income received by criminal, and financing terrorism", registered by the Ministry of Justice of the Russian Federation on September 6, 2004 N 6005 (" Bulletin of the Bank of Russia "of September 10, 2004 N 54).

2.1. For one client's account, operations can be performed using several settlement cards, credit cards issued by a credit institution - the issuer to the client (the person authorized by the Client).

2.2. Operations can be performed on several customer accounts using a single settlement card or a credit card issued by a credit institution - the issuer to the client (the person authorized by the Client).

2.3. The client - an individual carrying out the following operations using a bank card:

receiving cash in the currency of the Russian Federation or foreign currency in the Russian Federation;

receiving cash in foreign currency outside the Russian Federation;

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

other operations in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation did not establish a ban (restriction) on their commission;

The client - an individual can exercise with the use of settlement cards, credit cards specified in this section of the operation, on bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts open in foreign currency.

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

2.4. Customers - individuals using bank cards can carry out operations in a currency other than the currency of an individual, the currency of funds made for settlements using a prepaid card, in the manner and on the conditions established in the bank account agreement (a contract providing for operations with using prepaid cards). When the currency obtained by the credit institution specified in this clause, the issuer as a result of the conversion operation, is transferred to the appointment without enrollment to the client's account.

2.5. The client is a legal entity, an individual entrepreneur carries out the following operations using settlement cards, credit cards:

obtaining cash in the currency of the Russian Federation for implementation in the territory of the Russian Federation in accordance with the Procedure, installed by the Bank Russia, settlements related to economic activities, including with the payment of travel and representative expenses;

payment of expenses in the currency of the Russian Federation related to economic activities, including with the payment of travel and representative expenses, in the territory of the Russian Federation;

other operations in the currency of the Russian Federation in the Russian Federation, in respect of which the legislation of the Russian Federation, including the regulatory acts of the Bank of Russia, did not establish a ban (restriction) on their commission;

obtaining cash in foreign currency outside the territory of the Russian Federation to pay travel and representative expenses;

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

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

The client is a legal entity, an individual entrepreneur can exercise with the use of settlement cards, credit cards specified in this section of the banking accounts opened in the currency of the Russian Federation, and (or) on bank accounts open in foreign currency.

2.6. Clients - legal entities, individual entrepreneurs using settlement cards, credit cards can carry out operations in a currency other than the currency of the legal entity account, an individual entrepreneur, in the manner and on the conditions established in the bank account agreement. When performing the currency transactions specified in this clause obtained by a credit institution - the issuer as a result of a conversion operation, transferred to the appointment without enrollment to the Client's account - a legal entity, an individual entrepreneur.

2.7. In the absence or insufficiency of funds in a bank account, when making a client of operations using a settlement card to a client within the limit provided for in the bank account agreement, an overdraft may be provided for the implementation of this settlement operation If there is an appropriate condition in the bank account agreement.

2.8. Credit organizations in the implementation of emissions of settlement cards, credit cards may provide in the bank account agreement, a loan agreement on the implementation by the client of operations using data of cards, the amount of which exceeds:

cash balance in the client's bank account in case of non-invalidation in the bank account agreement Terms of provision of overdraft;

limit provision of overdraft;

the limit of the loan provided defined in the loan agreement.

Calculations on these operations can be carried out by providing a loan to the client in the manner and on the conditions provided for by the bank account agreement or loan agreement Taking into account the norms of this Regulation.

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

2.9. The basis for the preparation of settlement and other documents for reflecting the amounts of operations made using payment cards in the accounting records of the settlement participants is the register of payments or an electronic magazine.

The write-off or crediting of cash on operations committed using payment cards is carried out no later than the working day following the day of receipt in the credit institution of the register of payments or an electronic journal.

If the registry of payments or the electronic log is received to the Credit Organization - the Issuer (Credit Organization - the Equirer) to the day preceding the day of write-off or credit funds from the Credit Organization Consumer Account - the Issuer (Credit Organization - the Cellirera) opened in a credit institution Settlements between participants in transactions on transactions using payment cards (Estimated agent), or the day of receipt of funds made for settlements using a prepaid card, then calculations for operations performed using payment cards are unfinished before the specified moment from the date of the register of payments or e-magazine.

3.1. When performing an operation using a payment card, documents are drawn up on paper and (or) in electronic form (hereinafter - a document on operations using a payment card). A document on operations using a payment card is the basis for making calculations on the specified operations and (or) serves as confirmation of their commit.

3.2. When drawing up a document on operations using a payment card, an analogues of the proprietary signature can be used (hereinafter: ASP). The use of ASP credit institutions and clients is carried out in accordance with the legislation of the Russian Federation and the contract between the credit institution and the client.

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

aTM identifier, electronic terminal or other technical means intended for performing operations using payment cards;

type of operation;

transaction date;

the amount of the operation;

currency of operations;

commission's amount (if there is a place);

details of the payment card.

The document on operations using a payment card on paper additional must contain the signature of the payment card holder and the signature of the cashier when it is compiled in the room for performing operations with the values \u200b\u200bof the credit organization and its structural units, as well as in the organization and its structural units engaged in transactions or the issuance of cash using payment cards in cases stipulated by the legislation of the Russian Federation (hereinafter referred to as cash issuance (PVN)).

In the case of using ASP in the preparation of a document on operations using a payment card, the requirements for the presence of a payment card holder and the cashier signature are considered to be made regarding the copy specified documentdrawn up on paper carrier.

3.4. Document for operations using a payment card may contain additional detailsestablished by the rules of participants in the calculations or intrabank rules.

3.5. If the document on operations using the payment card is drawn up without the implementation of the authorization procedure, but the issuer's obligation arises before the acquirer of the execution of this document arises, the authorization code is not specified in it.

3.6. These provisions specified in paragraph 3.3 of these provisions, the obligatory details of a document on operations using the payment card must contain signs that allow reliably to establish a compliance between the details of the payment card and the appropriate invoice of the individual, a legal entity, an individual entrepreneur, as well as between the identifiers of trade organizations (services), PVN , ATMs and bank accounts of trade organizations (services), PVN, ATMs.

3.7. The document on operations using a payment card is made up in the number of copies established by the intrabank rules or the rules of the calculation participants.

3.8. When issuing or receiving cash in the currency of the Russian Federation or in foreign currency using payment cards in the PVN of a credit institution, in addition to documents on transactions using payment cards, arrival (expendable) cash orders provided for by the Regulation of the Bank of Russia dated October 9, 2002 N may be issued 199-p "On the order of reference cash operations In credit institutions in 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 "from 10.12.2002 N 66; from 14.01. 2004 N 2, N 3; dated 17.06.2004 N 35) (hereinafter referred to as the position of the Bank of Russia 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, provided for by the instruction of the Bank of Russia of April 28, 2004 N 113-and "on the procedure for opening, closing, organizing the work of exchange points and the procedure for implementing authorized banks Separate species banking operations and other transactions with cash foreign currency and currency of the Russian Federation, checks (including traveler 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 June 2, 2004 N 5824 ("Bank's Bulletin Russia "dated June 9, 2004 N 33) (hereinafter referred to as the instruction of the Bank of Russia N 113-and).

The register of cash currency and check operations, as well as a document confirming the conduct of operations with cash currency and checks, provided for by the instruction of the Bank of Russia N 113-and, are not issued upon issuing (admission) to the PVN of the Credit Organization to customers - individuals (from customers - physical persons) using cash payment cards in the currency of the Russian Federation with accounts (for accounts) in the currency of the Russian

On the site "Zakonbase" you will find "Regulations on the emission of bank cards and on operations committed using payment cards" (App. Central Bank of the Russian Federation 24.12.2004 N 266-P) in the fresh and full version, in which all changes and amendments are made. This ensures the relevance and accuracy of the information.

At the same time, download "Provision on the emission of bank cards and on operations made using payment cards" (approved. The Central Bank of the Russian Federation 24.12.2004 N 266-P) can be completely free of charge, both fully and individual chapters.

) (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Meeting of the legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, . 3459, Art. 3469; 2001, N 26, Art. 2586; N 33, Art. 3424; 2002, N 12, Art. 1093; 2003, N 27, Art. 2700; N 50, Art. 4855; N 52 , Art. 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 1, Art. 18, Art. 45; N 30, Art. 3117; 2006, N 6, Art. 636; N 19, Art. 2061; N 31, Art. 3439; N 52, Art. 5497; 2007, N 1, Art. 9; N 22, Art. 2563; N 31, Art. 4011; N 41 st. 4845; N 45, Art. 5425; N 50, Art. 6238; 2008, N 10, Art. 895; N 15, Art. 1447; 2009, N 1, Art. 23; N 9, Art. 1043 ; N 18, Art. 2153; N 23, Art. 2776; N 30, Art. 3739; N 48, Art. 5731; N 52, Art. 6428; 2010, N 8, Art. 775; N 19, Art. 2291; N 27, Art. 3432; N 30, Art. 4012; N 31, Art. 4193; N 47, Art. 6028; 2011, N 7, Art. 905; N 27, Art. 3873, Art. 3880; N 29, Art. 4291; N 48, Art. 6730; N 49, Art. 7069; N 50, Art. 7351; 2012, N 27, Art. 3588), Federal Law from 10 Dec While 2003 N 173-FZ "On Currency Regulation and Currency Control" (Meeting of the Legislation of the Russian Federation, 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; N 22, Art. 2563; N 29, Art. 3480; N 45, Art. 5419; 2008, N 30, Art. 3606; 2010, N 47, Art. 6028; 2011, N 7, Art. 905; N 27, Art. 3873; N 29, Art. 4291; N 30, Art. 4584; N 48, Art. 6728; N 50, Art. 7348, Art. 7351) And in accordance with the decision of the Board of Directors of the Bank of Russia (Minutes 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 emissions) by credit institutions (hereinafter - credit issuing organizations) in the territory of the Russian Federation of payment cards (hereinafter - bank cards) and the features of the implementation by credit organizations of transactions with payment cards, the issuer of which can be a credit organization, a foreign bank or a foreign organization. " (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

Chapter 1. General

1.1. The present situation applies to credit organizations, with the exception of non-bank credit institutions carrying out deposit and credit operations.

1.2. The requirements of these provisions do not apply to emitative cards that are not credit organizations intended to receive individuals, legal entities and individual entrepreneurs of pre-paid goods (works, services, results of intellectual activity) issuers of data of cards. (as amended by the Central Bank of the Russian Federation of January 14, 2015 N 3532-y)

1.3. The following terms are used in the present position:

personalization - the procedure for applying for a payment card and (or) record in memory of the microprocessor, on a magnetic bandwidth of the payment card information provided for by the issuer's credit institution; (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

register for transactions using payment cards (hereinafter referred to as the Register of Operations) - a document or a set of documents containing information on cash transfers and other transactions provided for by this Regulations using payment cards for a certain period of time drawn up by a legal entity or its structural division by collecting , processing and distribution by credit organizations of information on transactions with payment cards, and provided in electronic form and (or) on paper; (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

electronic magazine - a document or a set of documents in electronic form formed (formed) by ATM and (or) electronic terminal for a certain period of time when performing operations using these devices. (as amended by the instructions of the Central Bank of the Russian Federation of 15.11.2011 No. 2730-y)

Paragraph 1 of paragraph 1.4. - I lost strength. (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

This provision does not establish the requirements for the characteristics of a bank card (Map with a magnetic strip, a map with a microprocessor, scratch-card, a map in in electronic format and others). (as amended by the Central Bank of the Russian Federation of September 23, 2008 N 2073-y)

1.5. The credit institution has the right to emission of bank cards of the following species: settlement (debit) cards, credit cards and prepaid cards, whose holders are individuals, including authorized by legal entities, individual entrepreneurs (hereinafter - holders). (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

Settlement (debit) map as electronic tool The payment is used to perform operations by the holder within the expenditure limit - the amount of customer funds on its bank account, and (or) the loan provided by the credit institution-issuer to the Client in case of insufficiency or absence in the cash bank account (overdraft). (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

A credit card as an electronic means of payment is used to make it a holder of operations at the expense of cash provided by the Credit Organization-Issient Customer within the expenditure limit in accordance with the terms of the loan agreement. (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

Prepaid card as an electronic payment of payment is used to carry out the transfer of electronic funds, returning the remnant of electronic cash within the amount of funds previously provided by the cash holder of the Issuer in accordance with the requirements of the Federal Law N 161-FZ. (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

1.6. The credit organization (with the exception of the estimated non-banking credit institution, payment of non-banking credit institution) carries out the issue of calculated (debit) cards, credit cards and prepaid maps for individuals, legal entities and individual entrepreneurs. The estimated non-banking credit organization carries out the issue of calculated (debit) cards for legal entities, individual entrepreneurs, prepaid cards for individuals, legal entities, individual entrepreneurs. The payment non-banking credit organization carries out the emission of prepaid maps for individuals, legal entities, individual entrepreneurs. (as amended by the Central Bank of the Russian Federation of January 14, 2015 N 3532-y)

Emissions of bank cards for individuals, individual entrepreneurs, legal entities are carried out by a credit institution on the basis of an agreement providing for the operations using bank cards. The emission of calculated (debit) cards intended for the operations related to their own economic activities of the credit institution is carried out on the basis of the order of the sole executive body of the credit institution. (as amended by the instructions of the Central Bank of the Russian Federation of 21.09.2006 N 1725-y, from 09/23/2008 N 2073-y)

Credit organization - the Issuer carries out calculations on transactions with calculated (debit) cards, credit cards, prepaid cards, taking into account the requirements of the currency legislation of the Russian Federation and this Regulation. (as amended by the Central Bank of the Russian Federation of September 23, 2008 N 2073-y)

1.7. The credit institution has the right to attract bank payment agents to disseminate payment cards issued by this credit organization, as well as to carry out the dissemination of payment cards issued by other credit institutions (hereinafter - distribution of payment cards). (as amended by the instructions of the Central Bank of the Russian Federation of 15.11.2011 N 2730-y, from 01/14/2015 N 3532-y)

When attracting a credit institution - the issuer of banking payment agents to distribute prepaid cards is not allowed monetary obligations credit institution on prepaid cards to bank payment agents, including by pre-payment of prepaid cards. (as amended by the instructions of the Central Bank of the Russian Federation of 15.11.2011 N 2730-y, from 01/14/2015 N 3532-y)

1.8. Specific conditions for the provision of cash for settlements on operations committed using settlement (debit) cards, credit cards, the procedure for the return of funds provided, the order of documentary confirmation of the provision and return of funds can be determined in the contract with the client. (as amended by the instructions of the Central Bank of the Russian Federation of 21.09.2006 N 1725-y, from 09/23/2008 N 2073-y)

Providing cash by credit institution to customers for settlements on operations performed using calculated (debit) cards is carried out by enrolling the specified cash on their bank accounts. (as amended. Guidelines of the Central Bank of the Russian Federation of 09/21/2006 N 1725-y)

Consignment by credit institution to customers for settlements on transactions performed using credit cards is carried out through the enrollment of these funds to their bank accounts, as well as without the use of a client's bank account, if provided for by the Credit Treaty in the provision of funds in the currency of the Russian Federation of Physical Persons, and in foreign currency - individuals - non-residents. Documentary confirmation of the granting loan without using the client's bank account is the register of operations, unless otherwise provided by the loan agreement. (as amended by the instructions of the Central Bank of the Russian Federation of 21.09.2006 N 1725-y, from 09/23/2008 N 2073-y, from 10.08.2012 N 2862-y)

Repayment (Return) of the loan provided for calculations on transactions performed using calculated (debit) cards, credit cards is carried out in a manner similar to the order established by clause 3.1 of the provisions of the Bank of Russia dated August 31, 1998 N 54-P "on the procedure for granting (placement) by credit institutions of funds and their return (repayment) ", registered by the Ministry of Justice of the Russian Federation on 29 September 1998 No. 1619, September 11, 2001 N 2934 (" Bulletin of the Bank of Russia "from October 8, 1998 N 70-71, from September 19, 2001 N 57-58) (hereinafter referred to as the position of the Bank of Russia N 54-P). Individuals can redeem cash loan with ATMs. (as amended by the Central Bank of the Russian Federation of September 23, 2008 N 2073-y)

<*> Reference: The terms "Equirer" and "acquiring" are contained in the glossary of terms used in payment and settlement systems. // Committee on Payment and Estimated Systems - Bank of International Claims - March 2003 - P. 7.

1.10. The credit institution has the right to simultaneously emission of bank cards, acquiring payment cards, as well as the dissemination of payment cards. Emission of bank cards, acquiring payment cards, as well as the dissemination of payment cards is carried out by credit organizations on the basis of intrabank rules developed by a credit institution in accordance with the legislation of the Russian Federation, this Regulation, other regulatory acts of the Bank of Russia, agreements, including the rules of payment systems. (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

1.11. Intrabank rules are approved by the Office of the Credit Organization, authorized by its charter, and must be required for all employees of the credit institution. Intrabank rules depending on the features of the activities of the credit institution must contain:

the procedure for the activities of the credit organization associated with the issuance of bank cards;

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

the procedure for the activities of the credit organization associated with the distribution of payment cards;

the procedure for the activities of the credit institution in the implementation of settlements on operations committed using payment cards;

risk Management System in the implementation of 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 personnel signature (hereinafter - ASP), including when processing and fixing the results of verification of such codes, passwords ; (as amended by the Central Bank of the Russian Federation of September 23, 2008 N 2073-y)

the procedure for the credit institution in the event of loss by the payment card holder;

description of document management and technology for processing accounting information on operations performed using payment cards;

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

the procedure for providing funds to the Customer in the currency of the Russian Federation and in foreign currency for settlements on operations committed using settlement (debit) cards, credit cards, and the procedure for the return of these funds, as well as the procedure for accrualing interest on the amount of funds provided and the procedure for payment their client in accordance with the legislation of the Russian Federation, this Regulation and other regulatory acts of the Bank of Russia; (as amended by the instructions of the Central Bank of the Russian Federation of 21.09.2006 N 1725-y, from January 14, 2015 N 3532-y)

other procedures governing the issues of settlements on transactions committed using payment cards, including the procedure and timing of the register of operations, an electronic magazine to a credit institution. (as amended by the instructions of the Central Bank of the Russian Federation of 15.11.2011 N 2730-y, from 01/14/2015 N 3532-y)

the procedure for consideration by the credit institution of statements of holders, including operations using payment cards committed without the consent of the holders. (as amended by the Central Bank of the Russian Federation of January 14, 2015 N 3532-y)

The norms of this clause do not apply to operations committed using credit cards in granting funds to the Client without using a bank account in accordance with paragraph 1.8 of this Regulation. (as amended. Guidelines of the Central Bank of the Russian Federation of 09/21/2006 N 1725-y)

1.13. The item has lost strength. (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

1.14. When issuing a payment card, performing operations using a payment card, a credit institution is obliged to identify its holder in accordance with Article 7 of the Federal Law of August 7, 2001 N 115-FZ "On Countering Legalization (Laundering) of Revenues received by criminal means and financing terrorism" (Meeting of the 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, Art. 3446, Art. 3452; 2007, N 16, Art. 1831; N 31, Art. 3993, Art. 4011; N 49, Art. 6036; 2009, N 23, Art. 2776; N 29 , Art. 3600; 2010, N 28, Art. 3553; N 30, Art. 4007; N 31, Art. 4166; 2011, N 27, Art. 3873). (as amended by the instructions of the Central Bank of the Russian Federation of September 23, 2008 N 2073-y, from 11/15/2011 N 2730-y)

1.15. Specific terms of accrual and payment of interest (size interest rate, terms of payment and other conditions) on the loan provided for settlements on operations committed using settlement (debit) cards, credit cards, and to the remnants of the Customer's funds on its bank account can be determined in the Customer Treaty.

Accrual of interest on the loan for calculations on operations committed using the calculated (debit) cards, credit cards, and to the balances of the Customer's bank account, are carried out in a manner similar to the procedure established by the Regulation of the Bank of Russia from June 26, 1998 N 39-P "On the procedure for accrualing interest on operations related to attracting and placement of cash by banks", registered by the Ministry of Justice of the Russian Federation on July 23, 1998 No. 1565, January 26, 1999 No. 1688, December 11, 2007 N 10675 ("Vestnik Bank of Russia dated August 6, 1998 N 53-54, dated August 28, 1998 N 61, of February 4, 1999 N 7, dated December 17, 2007 N 69).

Payment by clients of interest on the loan provided for the calculations on operations committed using calculated (debit) cards, credit cards is carried out in a manner similar to the order established by paragraph 3.1 of the provisions of the Bank of Russia N 54-P. Individuals can pay interest on the loan provided with cash with ATMs.

Payment by the credit institution of interest accrued on the balances of the Customer's bank account is carried out on the basis of the settlement documents in non-cash, by crediting funds to the Client's bank account. (as amended by the Central Bank of the Russian Federation of September 23, 2008 N 2073-y)

Chapter 2. Operations performed using payment cards

2.1. For one client's account, operations can be performed using several calculated (debit) cards, credit cards issued by a credit institution - the issuer to the client (the person authorized by the Client). (as amended. Guidelines of the Central Bank of the Russian Federation of 09/21/2006 N 1725-y)

2.2. Operations can be performed using a single calculated (debit) card or a credit card issued by a credit institution - the issuer to the client (the person authorized by the Client). (as amended. Guidelines of the Central Bank of the Russian Federation of 09/21/2006 N 1725-y)

2.3. The client - an individual carrying out the following operations using a bank card:

receiving cash in the currency of the Russian Federation or foreign currency in the Russian Federation;

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

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

other operations in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation did not establish a ban (restriction) on their commission;

The client - an individual can carry out the use of calculated (debit) cards, credit cards specified in this paragraph of the banking accounts opened in the currency of the Russian Federation, and (or) on bank accounts open in foreign currency.

The client is an individual, which is a resident can carry out using credit cards specified in this section of the operation at the expense of the loan in the currency of the Russian Federation without using a bank account.

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

The client is an individual who is a non-resident can exercise with the use of credit cards specified in this section of the operation at the expense of the loan in the currency of the Russian Federation, foreign currency without using a bank account. (as amended by the Central Bank of the Russian Federation of September 23, 2008 N 2073-y)

2.4. Customers - individuals using settlement (debit) cards, credit cards can carry out operations in a currency other than the currency of the account, the currency of the loan provided, in the manner and on the conditions established in the bank account agreement, a loan agreement. Customers - individuals using prepaid cards can carry out transfers of electronic cash in a currency other than the currency of the electronic cash balance. When the currency obtained by the credit institution specified in this clause, the issuer as a result of the conversion operation, is transferred to the appointment without enrollment to the client's account. (as amended by the instructions of the Central Bank of the Russian Federation of September 23, 2008 N 2073-y, from 10.08.2012 N 2862-y)

2.5. The client is a legal entity, an individual entrepreneur shall carry out using settlement (debit) cards, credit cards the following operations: (as amended. Guidelines of the Central Bank of the Russian Federation of 09/21/2006 N 1725-y)

obtaining cash in the currency of the Russian Federation for implementing in the Russian Federation in accordance with the procedure established by the Bank of Russia, settlements related to the activities of a legal entity, an individual entrepreneur, including the payment of travel and representative expenses; (as amended by the instructions of the Central Bank of the Russian Federation of 15.11.2011 No. 2730-y)

payment of expenses in the currency of the Russian Federation related to the activities of a legal entity, an individual entrepreneur, including the payment of travel and representative expenses, in the territory of the Russian Federation; (as amended by the instructions of the Central Bank of the Russian Federation of 15.11.2011 No. 2730-y)

other operations in the currency of the Russian Federation in the Russian Federation, in respect of which the legislation of the Russian Federation, including the regulatory acts of the Bank of Russia, did not establish a ban (restriction) on their commission;

obtaining cash in foreign currency outside the territory of the Russian Federation to pay travel and representative expenses;

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

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

The client is a legal entity, an individual entrepreneur can carry out with the use of calculated (debit) cards, credit cards specified in this paragraph of the banking accounts opened in the currency of the Russian Federation, and (or) on bank accounts, open in foreign currency. (as amended. Guidelines of the Central Bank of the Russian Federation of 09/21/2006 N 1725-y)

Credit organization - Issuer is obliged to determine maximum amount Cash in the currency of the Russian Federation, which can be issued to a client - a legal entity, an individual entrepreneur during one operational day for the purposes specified in this paragraph. The credit institution - the issuer is recommended to establish for the client - a legal entity, an individual entrepreneur with 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 transaction day. (as amended by the Central Bank of the Russian Federation of September 23, 2008 N 2073-y)

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

2.6. Clients - legal entities, individual entrepreneurs using settlement (debit) cards, credit cards can carry out operations in a currency other than the currency of the account of a legal entity, an individual entrepreneur, in the manner and on the conditions established in the bank account agreement. When performing the currency transactions specified in this clause obtained by a credit institution - the issuer as a result of a conversion operation, transferred to the appointment without enrollment to the Client's account - a legal entity, an individual entrepreneur. Clients - legal entities, individual entrepreneurs using prepaid maps can carry out transfers of electronic funds in a currency other than the currency of the electronic cash balance. (as amended by the instructions of the Central Bank of the Russian Federation of 21.09.2006 N 1725-y, from 10.08.2012 N 2862-y)

2.7. In the absence or insufficiency of funds in the bank account, when performing the client of operations using the calculated (debit) map, the client within the limit provided for in the bank account agreement can be provided with overdraft for the implementation of this calculation operation with the relevant condition in the bank account agreement. (as amended. Guidelines of the Central Bank of the Russian Federation of 09/21/2006 N 1725-y)

2.8. Credit organizations in the implementation of the emission of calculated (debit) cards, credit cards may provide in the bank account agreement, a loan agreement for the implementation by the client of operations using data of cards, the amount of which exceeds: (as amended. Guidelines of the Central Bank of the Russian Federation of 09/21/2006 N 1725-y)

cash balance in the client's bank account in case of non-invalidation in the bank account agreement Terms of provision of overdraft;

limit provision of overdraft;

the limit of the loan provided defined in the loan agreement.

Calculations on these operations can be carried out by providing a loan to the client in the manner and on the conditions provided for by the bank account agreement or a loan agreement taking into account the norms of this Regulation.

In the absence of a bank account, a loan agreement, the conditions for granting a loan to the client under the specified operations repayment by the Client of the arrangement of the debt 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 operations performed using payment cards in accounting participants in the calculations is the register of operations or an electronic magazine. (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

Write-off or crediting funds on operations committed using payment cards is carried out no later than the working day following the day of receipt in the credit institution of the register of operations or an electronic journal. (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

In the event that the register of operations or the electronic log enroll in the issuer's credit institution (credit institution-acquirer) to the day preceding the day of write-off or crediting funds from a correspondent account of the issuer's credit organization (Credit Ordier's Credit Organization) opened in a credit institution Credentials between issuers' credit institutions (credit institutions - parcels) on operations using payment cards or the day of cash receipts made to increase the remnant of electronic funds using a prepaid card, operations using payment cards are incomplete from the date of receipt of the register of operations or electronic magazine before the day of receipt of cash.

3.2. When drawing up a document on operations using a payment card, ASP can be used. The use of ASP credit institutions and clients is carried out in accordance with the legislation of the Russian Federation and the contract between the credit institution and the client. (as amended by the Central Bank of the Russian Federation of September 23, 2008 N 2073-y)

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

aTM identifier, electronic terminal or other technical means intended for performing operations using payment cards;

type of operation;

the amount of the operation;

currency of operations;

the amount of commission (in case of inconsistency of the Commission remuneration, the credit organization - the parlor informs the payment cardholder with the corresponding inscription on its absence); (as amended by the instructions of the Central Bank of the Russian Federation of 15.11.2011 No. 2730-y)

details of the payment card.

The document on operations using a payment card on paper should additionally contain the signature of the payment card holder and the cashier's signature, in case it is drawn up in the credit institution and its structural units in the room for performing operations with values, as well as in the organization of postal communication using payment cards in accordance with Article 18 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Service" (Meeting of the 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. 3122) (hereinafter - cash point (PVN). (as amended by the instructions of the Central Bank of the Russian Federation of 15.11.2011 No. 2730-y)

In the case of using ASP in the preparation of a document on operations using a payment card, the requirements for the presence of a signature of the payment card holder and the cashier signature are considered to be made with respect to the copy of the specified document compiled on the paper carrier.

3.4. A document on operations using a payment card may contain additional details set by intrabank rules. (as amended. Instructions of the Central Bank of the Russian Federation of 10.08.2012 N 2862-y)

3.5. If the document on operations using the payment card is drawn up without the implementation of the authorization procedure, but the issuer's obligation arises before the acquirer of the execution of this document arises, the authorization code is not specified in it.

3.6. These provisions specified in paragraph 3.3 of this provision Mandatory details of a document on operations using a payment card must contain signs that allow reliably to establish a compliance between the details of the payment card and the appropriate invoice of the individual, a legal entity, an individual entrepreneur, which is subject to (taken into account); The translation of which was carried out using a prepaid card or credit card due to the loan provided without the use of a bank account, as well as between the identifiers of trade organizations (services), PVN, ATMs and bank accounts of trade organizations (services), PVN accounts, ATMs. "On the procedure for conducting cash transactions and regulations for the storage, transportation and collection of banknotes and coins of the Bank of Russia in credit institutions in 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, of March 31, 2010 N 18, dated June 16, 2011 N 32) (hereinafter referred to as the position of the Bank of Russia N 318-P), indicating the Bank of Russia " On the procedure for the implementation by authorized banks (branches) of certain types of banking operations with foreign currency and operations with checks (including travelers), 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 the instruction of the Bank of Russia N 136-C), a document confirming the opera With cash with foreign currency and checks, and the register of operations with cash currency and checks, provided for by the instruction of the Bank of Russia N 136-and.)

Chapter 4. Final Provisions

4.1. The present position is to be published in the "Bulletin of the Bank of Russia" and enters into force on April 10, 2005.

Chairman
Central Bank
Russian Federation
S.M.Ignatiev

Central Bank of the Russian Federation

POSITION

On the emission of payment cards and on operations committed with their use *

Document with changes made by:
(Bulletin of the Bank of Russia, N 60, 09.11.2006);
(Bulletin of the Bank of Russia, N 58, 10/17/2008);
(Bulletin of the Bank of Russia, N 71, 12/19/2011);
(Bulletin of the Bank of Russia, N 67, 11/28/2012) (entered into force on July 1, 2013);
(Bulletin of the Bank of Russia, N 17, 03/04/2015).
____________________________________________________________________

________________
* The name of the editorial office entered into force on July 1, 2013 by the indication of the Bank of Russia dated August 10, 2012 N 2862-y. - See previous edition.

This provision on the basis of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System" (meeting of the legislation of the Russian Federation, 2011, N 27, Art.3872) (hereinafter referred to as the Federal Law n 161-FZ), parts of the second civil Code of the Russian Federation (meeting of the legislation of the Russian Federation, 1996, N 5, Article 410), Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (meeting of the legislation of the Russian Federation, 2002, n 28, article 2790; 2003, N 2, Article 157; N 52, Article.5032; 2004, N 27, Article 2711; N 31, Article.3233; 2005, N 25, Article 2626; N 30, Article 3101; 2006, N 19, Article 2061; N 25, Article 2648; 2007, N 1, Article 9, Article 10; N 10, Article 1151; N 18, Article 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, Art. 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" (Feder Editor Any law of February 3 of February 1996 N 17-ФЗ) (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art.357; Meeting of the legislation of the Russian Federation, 1996, N 6, Article 492; 1998, N 31, Art.3829; 1999, N 28, Article 3459, Article 3469; 2001, N 26, st.2586; N 33, Article 3424; 2002, N 12, Art.1093; 2003, N 27, Article 2700; N 50, Art.4855; N 52, Article.5033, Article.5037; 2004, N 27, Article 2711; N 31, st.3233; 2005, N 1, Article 18, Art.45; N 30, st.3117; 2006, N 6, Article 636; N 19, Article 2061; N 31, st.3439; N 52, Art. 5497; 2007, N 1, Article 9; N 22, st.2563; N 31, Article 4011; N 41, st.4845; N 45, Art. 5425; N 50, Article 6238; 2008, N 10, Article 895; N 15, Article 1447; 2009, N 1, Art.23; N 9, p.1043; N 18, st.2153; N 23, st.2776; N 30, st.3739; N 48, Art.5731; N 52, Article 6428; 2010, N 8, Article.775; N 19, st.2291; N 27, Art.3432; N 30, Article 4012; N 31, st.4193; N 47, Article 6028; 2011, N 7, Article 905; N 27, st.3873, st.3880; N 29, Article 4291; N 48, Article 6730; N 49, Article 7069; N 50, st.7351; 2012, N 27, Article.3588), Federal Law of December 10, 2003 N 173-FZ "On Currency Regulation and Currency Control" (Meeting of the legislation of the Russian Federation, 2003, N 50, Article 4859; 2004, N 27, .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, Art. 5419 ; 2008, N 30, Article 3606; 2010, N 47, Article 6028; 2011, N 7, Article 905; N 27, Article.3873; N 29, Article 4291; N 30, Art.4584; n 48, Article 6728; N 50, Article 7348, Article.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 - emissions) by credit Organizations (hereinafter referred to as issuing credit organizations) on the territory of the Russian Federation of payment cards (hereinafter referred to as bank cards) and the peculiarities of the implementation by credit organizations of transactions with payment cards, whose issuer may be a credit institution, a foreign bank or foreign organization.
(Preamble in the editorial office, entered into force on July 1, 2013, indicating the Bank of Russia dated August 10, 2012 N 2862-y. - See previous edition)

Chapter 1. General

1.1. This provision applies to credit organizations with the exception of non-bank credit institutions carrying out deposit and credit operations.

1.2. The requirements of these provisions do not apply to emitative cards that are not credit organizations intended to receive individuals, legal entities and individual entrepreneurs of pre-paid goods (works, services, results of intellectual activity) issuers of data of cards.
(The point in the editorial office entered into force on March 15, 2015 by the Bank of Russia from January 14, 2015 No. 3532-y. - See previous edition)

1.3. The following terms are used in the present position:

the paragraph has lost its strength from March 15, 2015 - the indication of the Bank of Russia dated January 14, 2015 N 3532-y - see the previous edition;

personalization - the procedure for applying for a payment card and (or) record in memory of the microprocessor, on a magnetic bandwidth of the payment card information provided for by the issuer's credit institution;
An indication of the Bank of Russia dated August 10, 2012 N 2862-y. - See previous edition)

register for transactions using payment cards (hereinafter referred to as the Register of Operations) - a document or a set of documents containing information on cash transfers and other transactions provided for by this Regulations using payment cards for a certain period of time drawn up by a legal entity or its structural division by collecting , processing and distribution by credit organizations of information on transactions with payment cards, and provided in electronic form and (or) on paper;
(Paragraph in the editorial office entered into force on July 1, 2013 by the Bank of Russia from August 10, 2012 N 2862-y. - See previous edition)

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

1.4. The paragraph has lost its strength from July 1, 2013 -. - See previous edition.

This provision does not establish the requirements for the characteristics of a bank card (a map with a magnetic strip, a map with a microprocessor, a scratch-card, a map in electronic form and other) (paragraph is additionally included since October 28, 2008, indicating the Bank of Russia on September 23, 2008 N 2073-y).

1.5. The credit institution has the right to emission of bank cards of the following species: settlement (debit) cards, credit cards and prepaid cards, whose holders are individuals, including authorized by legal entities, individual entrepreneurs (hereinafter - holders).

Calculated (debit) Map as an electronic means of payment is used to perform operations by its holder within the expenditure limit - the amount of customer funds on its bank account, and (or) the loan provided by the credit institution-issuer to the client during failure or absence in the bank account Cash (Overdraft).

A credit card as an electronic means of payment is used to make it a holder of operations at the expense of cash provided by the Credit Organization-Issient Customer within the expenditure limit in accordance with the terms of the loan agreement.

Prepaid card as an electronic payment of payment is used to carry out the transfer of electronic funds, returning the remnant of electronic cash within the amount of funds previously provided by the cash holder of the Issuer in accordance with the requirements of the Federal Law N 161-FZ.
(Paragraph in the editorial office entered into force on July 1, 2013 by the Bank of Russia from August 10, 2012 N 2862-y. - See previous edition)

1.6. The credit organization (with the exception of the estimated non-banking credit institution, payment of non-banking credit institution) carries out the issue of calculated (debit) cards, credit cards and prepaid maps for individuals, legal entities and individual entrepreneurs. The estimated non-banking credit organization carries out the issue of calculated (debit) cards for legal entities, individual entrepreneurs, prepaid cards for individuals, legal entities, individual entrepreneurs. The payment non-banking credit organization carries out the emission of prepaid maps for individuals, legal entities, individual entrepreneurs.
An indication of the Bank of Russia dated January 14, 2015 N 3532-y. - See previous edition)

Emissions of bank cards for individuals, individual entrepreneurs, legal entities are carried out by a credit institution on the basis of an agreement providing for the operations using bank cards. Emissions of calculated (debit) cards intended for the operation of operations related to their own economic activities of the credit institution are carried out on the basis of the order of the sole executive body of the credit institution (paragraph in the wording entered into force on November 20, 2006 by the Bank of Russia on September 21, 2006 N 1725 - in the indication of the Bank of Russia dated September 23, 2008 N 2073-y, - see the previous edition).

The issuer's credit organization carries out calculations on transactions with calculated (debit) cards, credit cards, prepaid cards, taking into account the requirements of the currency legislation of the Russian Federation and this Regulation (paragraph is additionally included since October 28, 2008, the Bank of Russia from September 23, 2008 N 2073- Y).

1.7. The credit institution has the right to attract bank payment agents to disseminate payment cards issued by this credit organization, as well as to carry out the dissemination of payment cards issued by other credit institutions (hereinafter - distribution of payment cards).
(Abzatz in the editorial office, entered into force from March 15, 2015 by the Bank of Russia from January 14, 2015 N 3532-y. - See previous edition)

When attracting a credit institution - the issuer of banking payment agents to disseminate prepaid cards, monetary obligations of a credit institution on prepaid cards before banking payment agents, including by pre-payment of prepaid maps, is not allowed.
(Abzatz in the editorial office, entered into force from March 15, 2015 by the Bank of Russia from January 14, 2015 N 3532-y. - See previous edition)
An indication of the Bank of Russia of November 15, 2011 N 2730-y. - See previous edition)

1.8. Specific conditions for the provision of cash for settlements on transactions performed using settlement (debit) cards, credit cards, the procedure for the return of funds provided, the order of documentary confirmation of the provision and return of funds can be determined in the Treaty with the Client (Paragraph is supplemented from November 20, 2006 An indication of the Bank of Russia dated September 21, 2006 N 1725-y; as an editorial office, entered into force from October 28, 2008, the Bank of Russia from September 23, 2008 N 2073-y, - see the previous edition).

. - See previous edition.

The paragraph has lost its strength from November 20, 2006 - the indication of the Bank of Russia dated September 21, 2006 N 1725-y. - See previous edition.

Consignment by credit institution to customers for settlements on operations performed using settlement (debit) cards is carried out by enrolling the indicated funds to their bank accounts (paragraph is additionally included since November 20, 2006 by the Bank of Russia from September 21, 2006 N 1725 Y).

Consignment by credit institution to customers for settlements on transactions performed using credit cards is carried out through the enrollment of these funds to their bank accounts, as well as without the use of a client's bank account, if provided for by the Credit Treaty in the provision of funds in the currency of the Russian Federation of Physical Persons, and in foreign currency - individuals-non-residents. Documentary confirmation of the granting loan without using the client's bank account is the register of operations, unless otherwise provided by the loan agreement.
(Paragraph is additionally included since November 20, 2006 by an indication of the Bank of Russia dated September 21, 2006 N 1725-U; as an editorial office, entered into force on October 28, 2008, the Bank of Russia dated September 23, 2008 N 2073-in indication of the Bank of Russia from 10 August 2012 N 2862-y. - See previous edition)

Abzatz, additionally included from November 20, 2006 by the Bank of Russia dated September 21, 2006 N 1725-y, has raised the power from October 28, 2008 -. - See previous edition.

Repayment (Return) of the loan provided for calculations on transactions performed using calculated (debit) cards, credit cards is carried out in a manner similar to the order established by clause 3.1 of the provisions of the Bank of Russia dated August 31, 1998 N 54-P "on the procedure for granting (placement) by credit institutions of funds and their return (repayment) ", registered by the Ministry of Justice of the Russian Federation on 29 September 1998 No. 1619, September 11, 2001 N 2934 (" Bulletin of the Bank of Russia "from October 8, 1998 N 70-71, from September 19, 2001 N 57-58) (hereinafter referred to as the position of the Bank of Russia N 54-P). Individuals can redeem the cash loan with the use of ATMs (paragraph is additionally included since November 20, 2006 by the Bank of Russia from September 21, 2006 N 1725-U; as amended, entered into force on October 28, 2008, indicating the Bank of Russia from September 23, 2008 2008 N 2073-U, - see the previous edition).

1.9. On the territory of the Russian Federation, credit organizations (hereinafter referred to as credit organizations - boards) carry out settlements with trade-made organizations (services) on operations committed using payment cards, and (or) provide cash to cash payment cardholders who are not customers of the specified credit institutions ( Next - acquiring).
_______________
Reference: The terms "Equirer" and "acquiring" are contained in the glossary of terms used in payment and settlement systems. // Committee on payment and settlement systems - Bank of international settlements - March 2003. S.7.

1.10. The credit institution has the right to simultaneously emission of bank cards, acquiring payment cards, as well as the dissemination of payment cards. Emission of bank cards, acquiring payment cards, as well as the dissemination of payment cards is carried out by credit organizations on the basis of intrabank rules developed by a credit institution in accordance with the legislation of the Russian Federation, this Regulation, other regulatory acts of the Bank of Russia, agreements, including the rules of payment systems.
An indication of the Bank of Russia dated August 10, 2012 N 2862-y. - See previous edition)

1.11. Intrabank rules are approved by the Office of the Credit Organization, authorized by its charter, and must be required for all employees of the credit institution. Intrabank rules depending on the features of the activities of the credit institution must contain:

the procedure for the activities of the credit organization associated with the issuance of bank cards;

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

the procedure for the activities of the credit organization associated with the distribution of payment cards;

the procedure for the activities of the credit institution in the implementation of settlements on operations committed using payment cards;

risk Management System in the implementation of 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 personnel signature (hereinafter - ASP), including when processing and fixing the results of verification of such codes, passwords (paragraph was complemented from October 28, 2008 by an indication of the Bank of Russia dated September 23, 2008 N 2073-y - see the previous edition);

the procedure for the credit institution in the event of loss by the payment card holder;

description of document management and technology for processing accounting information on operations performed using payment cards;

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

the procedure for providing funds to the Customer in the currency of the Russian Federation and in foreign currency for settlements on operations committed using settlement (debit) cards, credit cards, and the procedure for the return of these funds, as well as the procedure for accrualing interest on the amount of funds provided and the procedure for payment their client in accordance with the legislation of the Russian Federation, this Regulation and other regulatory acts of the Bank of Russia;
(Paragraph in the editorial office entered into force on November 20, 2006 by the Bank of Russia dated September 21, 2006 N 1725-in indication of the Bank of Russia dated January 14, 2015 N 3532-y. - See previous edition)

other procedures governing issues of settlements on operations committed using payment cards, including the procedure and timing of the register of operations, an electronic magazine to a credit institution;
(Paragraphs in the editorial office, entered into force from December 30, 2011, indicating the Bank of Russia dated November 15, 2011 N 2730-U; as an editorial office entered into force on March 15, 2015 by the indication of the Bank of Russia dated January 14, 2015 N 3532-y. - See previous edition)

the procedure for consideration by the credit institution of statements of holders, including operations using payment cards committed without the consent of the holders.
(Parasac is additionally included from March 15, 2015 by an indication of the Bank of Russia dated January 14, 2015 N 3532-y)

1.12. The client performs operations using settlement (debit) cards, credit cards on a bank account (hereinafter referred to as an individual, an individual entrepreneur, a legal entity), open on the basis of a bank account agreement providing for operations using settlement (debit) cards, credit Maps concluded in accordance with the requirements of the legislation of the Russian Federation (hereinafter referred to as the bank account agreement) (paragraph was complemented from November 20, 2006 by the Bank of Russia from September 21, 2006 N 1725-y - see the previous edition).

The paragraph has lost its strength from October 28, 2008 - the indication of the Bank of Russia of September 23, 2008 N 2073-y. - See previous edition.

The norms of this clause do not apply to operations committed using credit cards when granting funds to the Client without using a bank account in accordance with paragraph 1.8 of this Regulation (paragraph is additionally included from November 20, 2006 by the Bank of Russia on September 21, 2006 N 1725-y ).

1.13. The item has failed from July 1, 2013 - the indication of the Bank of Russia dated August 10, 2012 N 2862-y. - See previous edition.

1.14. When issuing a payment card, performing operations using a payment card, a credit institution is obliged to identify its holder in accordance with Article 7 of the Federal Law of August 7, 2001 N 115-FZ "On Countering Legalization (Laundering) of Revenues received by criminal means and financing terrorism" (Meeting of the legislation of the Russian Federation, 2001, N 33, Article 3418; 2002, N 30, Article.3029; N 44, Article 4296; 2004, N 31, Article 3224; 2005, N 47, Article 4828; 2006 , N 31, Article 3446, Article 3452; 2007, N 16, Article 1831; N 31, Article 3993, Article 4011; N 49, Article.6036; 2009, N 23, Article 2776; N 29 , Article.3600; 2010, N 28, Article.3553; N 30, Article 4007; N 31, Article 4166; 2011, N 27, Article.3873).
(Point supplemented from October 28, 2008 by the Bank of Russia dated September 23, 2008 N 2073-U; as amended by the Bank of Russia from November 30, 2011, No. 2730-y dated November 15, 2011. - See previous edition. )

1.15. Specific terms of accrual and payment of interest (interest rate, payment time and other conditions) on the loan provided for settlements on operations committed using settlement (debit) cards, credit cards, and on the remnants of the Customer's funds on its bank account, Can be determined in a contract with the client.

Accrual of interest on the loan for calculations on operations committed using the calculated (debit) cards, credit cards, and to the balances of the Customer's bank account, are carried out in a manner similar to the procedure established by the Regulation of the Bank of Russia from June 26, 1998 N 39-P "On the procedure for accrualing interest on operations related to attracting and placement of cash by banks", registered by the Ministry of Justice of the Russian Federation on July 23, 1998 No. 1565, January 26, 1999 No. 1688, December 11, 2007 N 10675 ("Vestnik Bank of Russia dated August 6, 1998 N 53-54, dated August 28, 1998 N 61, of February 4, 1999 N 7, dated December 17, 2007 N 69).

Payment by clients of interest on the loan provided for the calculations on operations committed using calculated (debit) cards, credit cards is carried out in a manner similar to the order established by paragraph 3.1 of the provisions of the Bank of Russia N 54-P. Individuals can pay interest on the loan provided with cash with ATMs.

Payment by the credit institution of interest accrued on the balances of the Customer's bank account is carried out on the basis of the settlement documents in non-cash, by crediting funds to the Client's bank account.
(The item is additionally included since October 28, 2008 by an indication of the Bank of Russia of September 23, 2008 N 2073-y)

Chapter 2. Operations performed using payment cards

2.1. For a single client's account, operations can be performed using several calculated (debit) cards, credit cards issued by a credit institution - the issuer of the Client (the person authorized by the Client) by an indication of the Bank of Russia dated September 21, 2006 N 1725-y, - see the previous edition) .

2.2. In several customer accounts, operations can be performed using one computational (debit) card or a credit card issued by a credit institution - the issuer of the Client (the person authorized by the Client) (a paragraph in the wording entered into force from November 20, 2006 by an indication of the Bank of Russia from September 21 2006 N 1725-y, - see the previous edition).

2.3. The client - an individual carrying out the following operations using a bank card:

receiving cash in the currency of the Russian Federation or foreign currency in the Russian Federation;

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

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

other operations in the currency of the Russian Federation, in respect of which the legislation of the Russian Federation did not establish a ban (restriction) on their commission;



The client - an individual can carry out the use of calculated (debit) cards, credit cards specified in this paragraph of the banking accounts opened in the currency of the Russian Federation, and (or) on bank accounts open in foreign currency.

The client is an individual, which is a resident can carry out using credit cards specified in this section of the operation at the expense of the loan in the currency of the Russian Federation without using a bank account.

The use of a prepaid map by the client - an individual is carried out in accordance with the requirements of the Federal Law N 161-FZ due to the balance of electronic funds in the currency of the Russian Federation and (or) in foreign currency.
(Paragraph in the editorial office entered into force on July 1, 2013 by the Bank of Russia from August 10, 2012 N 2862-y. - See previous edition)

The client is an individual who is a non-resident can carry out with the use of credit cards specified in this paragraph of operation at the expense of a loan in the currency of the Russian Federation, foreign currency without using a bank account (paragraph is additionally included since October 28, 2008 by the Bank of Russia from September 23, 2008 of the year N 2073-y).
(The point in the editorial office entered into force from November 20, 2006 by the Bank of Russia from September 21, 2006 N 1725-y. - See previous edition)

2.4. Customers - individuals using settlement (debit) cards, credit cards can carry out operations in a currency other than the currency of the account, the currency of the loan provided, in the manner and on the conditions established in the bank account agreement, a loan agreement. Customers - individuals using prepaid cards can carry out transfers of electronic cash in a currency other than the currency of the electronic cash balance. When the currency obtained by the Credit Organization as a result of the conversion transaction specified in this paragraph of operations, is transferred to the appointment without enrollment to the Client's account.
(The point in the editorial office entered into force on October 28, 2008 by the Bank of Russia on September 23, 2008 N 2073-U; as amended by the Bank of Russia from August 1, 2012, No. 2862-y dated August 10, 2012. - See previous edition)

2.5. The client is a legal entity, an individual entrepreneur carries out the following operations with the use of settlement (debit) cards, credit cards (paragraph in the editorial office, entered into force from November 20, 2006 by an indication of the Bank of Russia dated September 21, 2006 N 1725-y, - see the previous one Editor):

obtaining cash in the currency of the Russian Federation for implementing in the Russian Federation in accordance with the procedure established by the Bank of Russia, settlements related to the activities of a legal entity, an individual entrepreneur, including the payment of travel and representative expenses;
(Paragraph in the editorial office entered into force from December 30, 2011 by the Bank of Russia from November 15, 2011 No. 2730 - y. - 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 the payment of travel and representative expenses, in the territory of the Russian Federation;
(Paragraph in the editorial office entered into force from December 30, 2011 by the Bank of Russia from November 15, 2011 No. 2730 - y. - See previous edition)

other operations in the currency of the Russian Federation in the Russian Federation, in respect of which the legislation of the Russian Federation, including the regulatory acts of the Bank of Russia, did not establish a ban (restriction) on their commission;

obtaining cash in foreign currency outside the territory of the Russian Federation to pay travel and representative expenses;

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

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

The client is a legal entity, an individual entrepreneur can exercise with the use of calculated (debit) cards, credit cards specified in this paragraph of the bank accounts opened in the currency of the Russian Federation, and (or) on bank accounts, open in foreign currency (paragraph introduced into action from November 20, 2006 by an indication of the Bank of Russia dated September 21, 2006 N 1725-y, - see the previous edition).

The credit institution - the issuer is obliged to determine the maximum amount of cash in the currency of the Russian Federation, which may be issued to a client - a legal entity, an individual entrepreneur during one operational day for the purposes specified in this paragraph. Credit organization - the issuer is recommended to establish for the client - a legal entity, an individual entrepreneur with the possibility of obtaining cash in the currency of the Russian Federation for the purposes specified in this paragraph, in an amount not exceeding 100,000 rubles for one transaction day (paragraph is additionally included from October 28 2008 indication of the Bank of Russia dated September 23, 2008 N 2073-y).

The client is a legal entity, an individual entrepreneur carries out the transfer of electronic money to prepaid cards, the return of electronic cash balance in accordance with the requirements of the Federal Law N 161-FZ.
(Paragraph is additionally included from July 1, 2013 by the Bank of Russia from August 10, 2012 N 2862-y)

2.6. Clients - legal entities, individual entrepreneurs using settlement (debit) cards, credit cards can carry out operations in a currency other than the currency of the account of a legal entity, an individual entrepreneur, in the manner and on the conditions established in the bank account agreement. When performing the currency transactions specified in this clause obtained by a credit institution - the issuer as a result of a conversion operation, transferred to the appointment without enrollment to the Client's account - a legal entity, an individual entrepreneur. Clients - legal entities, individual entrepreneurs using prepaid maps can carry out transfers of electronic funds in a currency other than the currency of the electronic cash balance.
(The point in the editorial office entered into force from November 20, 2006 by the Bank of Russia in September 21, 2006 N 1725-y; as amended by the Bank of Russia from August 1, 2012 No. 2862-y dated August 10, 2012. - See previous edition)

2.7. In the absence or failure of funds in the bank account when performing the client of operations using the calculated (debit) maps to the Client within the limit provided for in the bank account agreement, an overdraft may be provided for the implementation of this calculated operation with the relevant conditions in the bank account agreement ( The point in the editorial office entered into force from November 20, 2006 by the indication of the Bank of Russia dated September 21, 2006 N 1725-y, - see the previous edition).

2.8. Credit organizations in the implementation of the emission of calculated (debit) cards, credit cards may provide in the bank account agreement, a loan agreement on the implementation by the client of operations using data data, the amount of which exceeds (paragraph as amended, entered into force from November 20, 2006 by the Bank's indication Russia dated September 21, 2006 N 1725-y, - see the previous edition):

cash balance in the client's bank account in case of non-invalidation in the bank account agreement Terms of provision of overdraft;

limit provision of overdraft;

the limit of the loan provided defined in the loan agreement.

Calculations on these operations can be carried out by providing a loan to the client in the manner and on the conditions provided for by the bank account agreement or a loan agreement taking into account the norms of this Regulation.

In the absence of a bank account, a loan agreement, the conditions for granting a loan to the client under the specified operations repayment by the Client of the arrangement of the debt 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 operations performed using payment cards in accounting participants in the calculations is the register of operations or an electronic magazine.
(Paragraph in the editorial office entered into force on July 1, 2013 by the Bank of Russia from August 10, 2012 N 2862-y. - See previous edition)

Write-off or crediting funds on operations committed using payment cards is carried out no later than the working day following the day of receipt in the credit institution of the register of operations or an electronic journal.
(Paragraph in the editorial office entered into force on July 1, 2013 by the Bank of Russia from August 10, 2012 N 2862-y. - See previous edition)

In the event that the register of operations or the electronic log enroll in the issuer's credit institution (credit institution-acquirer) to the day preceding the day of write-off or crediting funds from a correspondent account of the issuer's credit organization (Credit Ordier's Credit Organization) opened in a credit institution Credentials between issuers' credit institutions (credit institutions - parcels) on operations using payment cards or the day of cash receipts made to increase the remnant of electronic funds using a prepaid card, operations using payment cards are incomplete from the date of receipt of the register of operations or electronic magazine before the day of receipt of cash.
(Paragraph in the editorial office entered into force on July 1, 2013 by the Bank of Russia from August 10, 2012 N 2862-y. - See previous edition)

2.10. Customers can carry out operations using a payment card through codes, passwords within the framework of their entry procedures used as ASP and established by credit institutions in customer contracts (item is additionally included since October 28, 2008 by the Bank of Russia from September 23, 2008 N 2073 Y).

Chapter 3. Documents on operations committed using payment cards

3.1. When performing an operation using a payment card, documents are drawn up on paper and (or) in electronic form (hereinafter - a document on operations using a payment card). A document on operations using a payment card is the basis for making calculations on the specified operations and (or) serves as confirmation of their commit.

3.2. When drawing up a document on operations using a payment card, ASP can be used. Using ASP with credit institutions and clients is carried out in accordance with the legislation of the Russian Federation and the contract between the credit institution and the client (the point in the wording entered into force on October 28, 2008, the Bank of Russia from September 23, 2008 N 2073-y, - see the previous one edition).

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

aTM identifier, electronic terminal or other technical means intended for performing operations using payment cards;

type of operation;

transaction date;

the amount of the operation;

currency of operations;

the amount of commission (in case of inconsistency of the Commission remuneration, the credit organization - the parlor informs the payment cardholder with the corresponding inscription on its absence);
(Paragraph in the editorial office entered into force from December 30, 2011 by the Bank of Russia from November 15, 2011 No. 2730 - y. - See previous edition)

authorization code;

details of the payment card.

The document on operations using a payment card on paper should additionally contain the signature of the payment card holder and the cashier's signature, in case it is drawn up in the credit institution and its structural units in the room for performing operations with values, as well as in the organization of postal communication using payment cards in accordance with Article 18 of the Federal Law of July 17, 1999 N 176-FZ "On Postal Service" (Meeting of the Legislation of the Russian Federation, 1999, N 29, Article 3697; 2003, N 28, Article 2895; 2004 , N 35, Article.3607; 2007, N 27, Art.3213; 2008, N 29, Article 3418; 2008, N 30, Article 3616; 2009, N 26, Article 3122) (hereinafter - cash receipt point (PVN).
(Paragraph in the editorial office entered into force from December 30, 2011 by the Bank of Russia from November 15, 2011 No. 2730 - y. - See previous edition)

In the case of using ASP in the preparation of a document on operations using a payment card, the requirements for the presence of a signature of the payment card holder and the signature of the cashier are considered to be made with respect to the copy of the specified document drawn up on paper.

3.4. A document on operations using a payment card may contain additional details set by intrabank rules.
(The point in the editorial office entered into force on July 1, 2013 by the Bank of Russia from August 10, 2012 N 2862-y. - See previous edition)

3.5. If the document on operations using the payment card is drawn up without the implementation of the authorization procedure, but the issuer's obligation arises before the acquirer of the execution of this document arises, the authorization code is not specified in it.

3.6. These provisions specified in paragraph 3.3 of this provision Mandatory details of a document on operations using a payment card must contain signs that allow reliably to establish a compliance between the details of the payment card and the appropriate invoice of the individual, a legal entity, an individual entrepreneur, which is subject to (taken into account); The translation of which was carried out using a prepaid card or credit card due to the loan provided without the use of a bank account, as well as between the identifiers of trade organizations (services), PVN, ATMs and bank accounts of trade organizations (services), PVN accounts, ATMs.

3.8. When issuing or receiving cash in the currency of the Russian Federation or in foreign currency using payment cards in the PVN of the Credit Organization on the basis of documents on transactions using payment cards, respectively, consumable cash orders 0402009 are issued, the receiving cash orders of 0402008, provided for by the Bank of Russia from 24 April 2008 N 318-P "On the procedure for conducting cash transactions and regulations for the storage, transportation and collection of banknotes and coins of the Bank of Russia in credit institutions in 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, of March 31, 2010 N 18, of June 16, 2011 N 32) (hereinafter referred to as the position of the Bank of Russia N 318- P), indicating the Bank of Russia dated August 14, 2008 N 2054-y "on the procedure for maintaining cash transactions with foreign currency in authoralized Banks on the territory of the Russian Federation ", registered by the Ministry of Justice of the Russian Federation on August 25, 2008 No. 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 - indication of the Bank of Russia N 2054-y), at the time of the operation using a payment card or on the final amounts of operations committed using payment cards, at the end of these operations.

In the case of operations specified in the instructions of the Bank of Russia of September 16, 2010 N 136-and "on the procedure for the implementation by authorized banks (branches) of certain types of banking operations with foreign currency and operations with checks (including travelers), 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 referred to as the instruction of the Bank of Russia N 136-C), should The document confirming the conduct of operations with foreign currency and checks, and the register of operations with cash currency and checks provided for by the instruction of the Bank of Russia N 136-and.
(The point in the editorial office, entered into force from December 30, 2011, the Bank of Russia on November 15, 2011 N 2730-y. - See previous edition)

3.9. When clients of operations for receiving or making cash in the currency of the Russian Federation or in foreign currency using payment cards in ATMs, the design of these operations is carried out taking into account the requirements of this Regulation. A document confirming the commission of the specified operations provided for by the Regulation of the Bank of Russia N 318-P Central Bank
Russian Federation
S.M.Ignatiev

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



Editorial Document Taking into account
changes and additions prepared
JSC "Codex"

The present situation was developed on the basis of part of the Second Civil Code of the Russian Federation (meeting of the legislation of the Russian Federation, 1996, N 5, Art. 410; N 34, Art. 4025; 1997, N 43, Art. 4903; 1999, N 51, Art. 6228 ; 2002, N 48, Art. 4737; 2003, N 2, Art. 160, 167, N 13, Art. 1179; N 46 (Part I), Art. 4434; N 52 (Part I), Art. 5034) , Federal law "On the Central Bank of the Russian Federation (Bank of Russia)" (meeting of the legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52 (Part I), Art. 5032; 2004 , N 27, Art. 2711; No. 31, Art. 3233), Federal Law "On Banks and Banking Activities" (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Meeting of the legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, 3469; 2001, N 26, Art. 2586; N 33 (Part I), Art. 3424; 2002 , N 12, Art. 1093; 2003, N 27 (Part I), Art. 2700; N 50, Art. 4855; N 52 (Part I), Art. 5033, Art. 5037; 2 004, N 27, Art. 2711; N 31, Art. 3233), Federal Law "On Currency Regulation and Currency Control" (Meeting of the legislation of the Russian Federation, 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 (Council meeting Directors of the Bank of Russia dated December 17, 2004 N 31) establishes the procedure for issuing bank cards on the territory of the Russian Federation (hereinafter - bank card issuance) by credit institutions (hereinafter - credit organizations - issuers) and the features of the exercise by credit organizations with payment cards, which A credit institution, a foreign bank or a legal entity that is not a credit institution, a foreign bank.

1.1. The present situation applies to credit organizations, with the exception of non-bank credit institutions carrying out deposit and credit operations.

1.2. The requirements of these provisions do not apply to emitative cards that are not credit organizations intended for individuals, legal entities and individual entrepreneurs of pre-paid goods (works, services, results of intellectual activity).

ATM - electronic software and technical complex designed to make an authorized employee of the credit organization of issuing (admission) of cash, including using payment cards, and transferred a credit institution for the transfer of funds from a bank account (contribution account) client, as well as for drawing up documents confirming the relevant operations;

Personalization is the procedure for applying for a payment card and (or) record in memory of the microprocessor, on a magnetic band of a payment card of information provided by the rules of the calculation participants;

Register of payments for transactions using payment cards (hereinafter referred to as the registry of payments) - a document or a set of documents containing information on operations committed using payment cards for a certain period of time compiled by a legal entity or its structural unit carrying out the collection, processing and newsletter to participants settlements - credit institutions of information on payment cards (processing center), and provided in electronic form and (or) on paper;

Electronic magazine - a document or a set of documents in electronic form formed for a certain period of time when performing operations using an ATM and (or) electronic terminal.

1.4. On the territory of the Russian Federation, credit organizations - issuers carry out the issue of bank cards, which are a type of payment cards as a tool of non-cash settlements, intended for individuals, including authorized legal entities (hereinafter - holders), cash transactions located at the Issuer, According to the legislation of the Russian Federation and the agreement with the Issuer.

This provision does not establish the requirements for the characteristics of a bank card (a map with a magnetic strip, a map with a microprocessor, scratch-card, a map in electronic form and other).

1.5. The credit institution has the right to emission of bank cards of the following species: settlement (debit) cards, credit cards and prepaid maps.

The calculated (debit) card is intended to perform operations by its holder within the amount established by the credit institution - the issuer of the amount of funds (expenditure limit), the calculations for which are carried out at the expense of the Customer's funds on its bank account, or a loan provided by the Credit Organization - the Issuer Customer in accordance with the bank account agreement with the insufficiency or absence of cash in the bank account (overdraft).

The credit card is intended to be performed by the holder of operations, the calculations on which are carried out at the expense of funds provided by the credit institution - the issuer to the client within the established limit in accordance with the terms of the loan agreement.

The prepaid card is designed to make it a holder of operations, the calculations on which are carried out by a credit institution - the issuer on their own behalf, and certifies the right to claim a prepaid card holder to a credit organization - the issuer for the payment of goods (works, services, intellectual results) or cash issuance .

Credit organization - the issuer is obliged to determine the maximum amount within which it assumes obligations on one prepaid card (hereinafter referred to as the limit of a prepaid card). Credit organization - the issuer is recommended to establish limit value The limit of the prepaid card in the amount of 5000 rubles or in an equivalent amount in foreign currency, calculated on the official exchange rate of this foreign currency established by the bank in relation to the ruble, acting on the emission date of the prepaid card.

1.6. The credit institution (with the exception of the estimated non-banking credit organization) carries out the issue of calculated (debit) cards and credit cards for individuals, legal entities and individual entrepreneurs, prepaid cards for individuals. The estimated non-banking credit organization carries out the issue of calculated (debit) cards for legal entities and individual entrepreneurs, prepaid maps for individuals.

Emissions of bank cards for individuals, individual entrepreneurs, legal entities are carried out by a credit institution on the basis of an agreement providing for the operations using bank cards. The emission of calculated (debit) cards intended for the operations related to their own economic activities of the credit institution is carried out on the basis of the order of the sole executive body of the credit institution.

Credit organization - the Issuer carries out calculations on transactions with calculated (debit) cards, credit cards, prepaid cards, taking into account the requirements of the currency legislation of the Russian Federation and this Regulation.

1.7. The credit institution has the right to carry out in the territory of the Russian Federation issuing bank cards of other credit institutions - issuers and payment cards of issuers - foreign legal entities that are not foreign banks (hereinafter - distribution of payment cards).

1.8. Specific conditions for the provision of cash for settlements on operations committed using settlement (debit) cards, credit cards, the procedure for the return of funds provided, the order of documentary confirmation of the provision and return of funds can be determined in the contract with the client.

Providing cash by credit institution to customers for settlements on operations performed using calculated (debit) cards is carried out by enrolling the specified cash on their bank accounts.

Consignment by credit institution to customers for settlements on transactions performed using credit cards is carried out through the enrollment of these funds to their bank accounts, as well as without the use of a client's bank account, if provided for by the Credit Treaty in the provision of funds in the currency of the Russian Federation of Physical Persons, and in foreign currency - individuals - non-residents. Documentary confirmation of the provision of a loan without using a client's bank account is the register of payments, unless otherwise provided by the loan agreement.

Repayment (Return) of the loan provided for calculations on transactions performed using calculated (debit) cards, credit cards is carried out in a manner similar to the order established by clause 3.1 of the provisions of the Bank of Russia dated August 31, 1998 N 54-P "on the procedure for granting (placement) by credit institutions of funds and their return (repayment) ", registered by the Ministry of Justice of the Russian Federation on 29 September 1998 No. 1619, September 11, 2001 N 2934 (" Bulletin of the Bank of Russia "from October 8, 1998 N 70-71, from September 19, 2001 N 57-58) (hereinafter referred to as the position of the Bank of Russia N 54-P). Individuals can redeem cash loan with ATMs.

1.9. On the territory of the Russian Federation, credit organizations (hereinafter referred to as credit organizations - boards) carry out settlements with trade-made organizations (services) on operations committed using payment cards, and (or) provide cash to cash payment cardholders who are not customers of the specified credit institutions ( Next - acquiring).

Reference: The terms "Equirer" and "Equiphering" are contained in the glossary of terms used in payment and settlement systems. // Committee on Payment and Settlement Systems - Bank of international settlements. March 2003. S. 7.

1.10. The credit institution has the right to simultaneously emission of bank cards, acquiring payment cards, as well as the dissemination of payment cards. Emission of bank cards, acquiring payment cards, as well as the dissemination of payment cards is carried out by credit institutions on the basis of intrabank rules developed by a 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 the settlements containing them Rights, duties and procedures for settlements between them.

1.11. Intrabank rules are approved by the Office of the Credit Organization, authorized by its charter, and must be required for all employees of the credit institution. Intrabank rules depending on the features of the activities of the credit institution must contain:

Risk Management System in the implementation of 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 personnel signature (hereinafter - ASP), including when processing and fixing the results of verification of such codes, passwords ;

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

The procedure for providing funds to the Customer in the currency of the Russian Federation and in foreign currency for settlements on operations committed using settlement (debit) cards, credit cards, and the procedure for the return of these funds, as well as the procedure for accrualing interest on the amount of funds provided and the procedure for payment their client in accordance with the legislation of the Russian Federation, including regulatory acts of the Bank of Russia and this Regulation;

1.12. The client performs operations using settlement (debit) cards, credit cards on a bank account (hereinafter referred to as an individual, an individual entrepreneur, a legal entity), open on the basis of a bank account agreement providing for operations using settlement (debit) cards, credit Maps concluded in accordance with the requirements of the legislation of the Russian Federation (hereinafter referred to as a bank account agreement).

The procedure and conditions for the implementation of operations using a prepaid card are brought to the attention of a client - an individual in an accessible form, including by posting information in customer service.

1.14. When issuing a payment card, transactions with the use of a payment card, a credit organization is obliged to identify its holder in accordance with paragraph 1 of Article 7 of the Federal Law "On Countering Legalization (Laundering) of Revenues received by criminal means and financing terrorism" (Meeting of the legislation of the Russian Federation, 2001 , N 33 (Part I), Art. 3418; 2002, N 44, Art. 4296) in the manner prescribed by the Regulation of the Bank of Russia of August 19, 2004 N 262-P "On identification by credit institutions of clients and beneficiaries in order to counter legalization ( Laundering) income obtained by criminal means and 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 "of September 10, 2004 N 54).

1.15. Specific terms of accrual and payment of interest (interest rate, payment time and other conditions) on the loan provided for settlements on operations committed using settlement (debit) cards, credit cards, and on the remnants of the Customer's funds on its bank account, Can be determined in a contract with the client.

Accrual of interest on the loan for calculations on operations committed using the calculated (debit) cards, credit cards, and to the balances of the Customer's bank account, are carried out in a manner similar to the procedure established by the Regulation of the Bank of Russia from June 26, 1998 N 39-P "On the procedure for accrualing interest on operations related to attracting and placement of cash by banks", registered by the Ministry of Justice of the Russian Federation on July 23, 1998 No. 1565, January 26, 1999 No. 1688, December 11, 2007 N 10675 ("Vestnik Bank of Russia "dated August 6, 1998 N 53-54, dated August 28, 1998 N 61, of February 4, 1999 N 7, dated December 17, 2007 N 69).

Payment by clients of interest on the loan provided for the calculations on operations committed using calculated (debit) cards, credit cards is carried out in a manner similar to the order established by paragraph 3.1 of the provisions of the Bank of Russia N 54-P. Individuals can pay interest on the loan provided with cash with ATMs.

In this material, the Department of Payment Systems and Calculations of the Bank of Russia provides answers to the questions most often coming from credit institutions on the application of the provision of the Bank of Russia dated December 24, 2004 No. 266-P "On the emission of bank cards and on operations committed using payment cards" 1 .

1. Can a bank card holder transmit to another person to perform operations using this card?

In accordance with Articles 4 and 80 of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", the Bank of Russia establishes the rules for the implementation of settlements in the Russian Federation. Based on the specified federal law and the norms of the Civil Code of the Russian Federation, the Bank of Russia was taken by provision No. 266-P, which, in particular, was established the procedure for issuing bank cards and settlements on operations performed with their use. According to Regulation No. 266-n, the bank card is a means of access to the Customer in the Client's bank account, and therefore is issued by the Credit Organization to the Client on the basis of an agreement providing for the use of a bank card. In order to ensure the safety of performing operations using a bank card, a credit organization in accordance with the rules payment system It provides for the obligation of the client for the preservation of the card issued to it and personal identification code, as well as the ban on their transfer to third parties. At the same time, the provision No. 266-P provides for the possibility of a release of several bank cards in order to commit with their use of client bank account operations. Considering the above, the Credit Organization Customer - the account owner may apply to the credit institution with a request to release another bank card addressed to the authorized person.

2. Can a client - a legal entity perform operations on repayment of a loan (percent on it) using a bank card?

According to clause 1.12 of Regulation No. 266-P Client - a legal entity carries out operations using a bank account on a bank account, open on the basis of a bank account agreement providing for operations with its use. In accordance with clause 2.5 of Regulation No. 266-P Client - a legal entity on the specified bank account using the card issued by him performs operations related to its economic activities, as well as other operations in respect of which the legislation of the Russian Federation, the Bank of Russia's regulations not established any prohibitions (restrictions), in particular on paying taxes and fees. Mounted 2.5 of provisions No. 266-p list of operations committed by the Client - a legal entity using a bank card is targeted and does not apply to loan repayment operations and interest on it.

Returns by the Client - the legal entity provided to him and the payment of interest on them is carried out in the manner prescribed by the provision of the Bank of Russia from 08/31/1998 No. 54-P "On the procedure for providing (placement) by credit institutions of funds and their return (repayment)".

3. Can the client - a legal entity make revenue to your bank account using a settlement card through an ATM?

Regulation No. 266-P is not provided for the procedure for receiving cash from laws of cash, including cash revenue, which is made to bank accounts of these legal entities using bank cards through technical devices (ATMs, electronic terminals, etc.) .

Reception of cash from legal entities is governed by section 2 provisions of the Bank of Russia of 09.10.2002 No. 199-P "On the procedure for maintaining cash transactions in credit institutions in the Russian Federation".

Given the above, making a legal entity to its bank account of cash revenue is carried out at the cashier's cash register on the declaration of cash contribution.

4. Can a prepaid card holder make additional funds on this map (replenish the card), and also receive cash with its use?

According to clause 1.5 of provisions No. 266-p, a prepaid card is intended to be performed by the holder of operations, calculations on which is carried out by a credit institution-issuer on their own behalf, and certifies the right to demand a prepaid card holder to the credit organization-issuer for the payment of goods (works, services, results intellectual activity) or cash issuance. At the same time, the obligation of the issuer's credit organization for the payment of goods, services or cash issuance in front of the prepaid card holder arises in the amount of its acquisition (payment by the holder).

In accordance with the standards of paragraph 1.13 of provisions No. 266-P, when making a client - an individual of operations using a prepaid card, a bank account agreement (bank deposit) does not contain, respectively, the bank account does not open. When purchasing an individual prepaid card, the amount of obligations of the credit institution in front of the card holder is reflected in the balance sheet account 40903 "Means for calculating checks, prepaid cards.

Taking into account the above, we believe that there are no legal relations on replenishment, as well as cash with cash using a prepaid card, except full repayment The credit organization of obligations to the individual is the holder of a prepaid card for unused or partially used amounts of prepaid cards. At the same time, the obligation arising before the holder of a prepaid card in a full or unused amount, depending on the conditions for using a prepaid card can be executed by issuing cash or by transferring to a bank (contributed) account of a prepaid card holder, including with the participation of credit institutions -Exvirkers.

5. Is an individual entitled to transfer funds from its bank account to another bank account accounting for bank cards in the event that one accounts are opened in foreign currency, and the other in the currency of the Russian Federation? What is the procedure for transferring funds by individuals in their bank accounts, open in different currencies?

Requirements of provision No. 266-P and the instructions of the Bank of Russia dated April 28, 2004 No. 113-and "On the procedure for opening, closing, organizing the work of exchange offices and the procedure for the implementation by authorized banks of certain types of banking operations and other transactions with foreign currency and currency of the Russian Federation, checks (including traveler checks), the nominal value of which is indicated in foreign currency, with the participation of individuals "do not apply to operations related to the transfer of funds by funds from their bank accounts to other bank accounts, including accounting for operations With bank cards opened in different currencies. At the same time, the current legislation of the Russian Federation, including currency, does not establish a ban on the implementation of these operations.

According to clause 4.60, the provisions of the Bank of Russia dated 05.12.2002 No. 205-P "On the rules of reference accounting In the credit institutions located on the territory of the Russian Federation »Currency conversion operations can be carried out by bypassing the accounting account for conversion transactions by direct wiring amounts on customer accounts in different currencies.

In this regard, the procedure for transferring funds on bank accounts of an individual, open in different currencies, and the conditions for conducting conversion operations should be determined in the bank account agreements concluded between the credit institution and the individual, taking into account the requirements of the Bank of Russia regulations, in particular the provisions of the Bank Russia dated 01.04.2003 No. 222-P "On the procedure for the implementation of non-cash settlements of individuals in the Russian Federation", according to which the foundation of the write-off of funds from the client's bank account is its order in the form of a statement.

At the same time, the basis for the implementation of direct wiring between bank accounts of an individual, open in different currencies, may be a statement of an individual in which in addition to all other mandatory requisitesrequired to transfer funds, the amount must be indicated in the currency currency.

If the specified statement does not provide for the station of the amount to be credited, the credit organization on its basis should be an intrabank document indicating in it the amounts in the currency of crediting, which will be the basis for direct postings between the bank accounts of the individual open in different currencies.

The credit institution independently develops the above forms of the application of the client and the intrabanovsky document with their reflection in their accounting policies.

5. What is the procedure for the execution of the collection order filed to a bank account of an individual, open on the basis of a bank account agreement providing for operations using settlement bank cards?

The write-off of funds from the bank account of the individual, according to which operations are performed using payment cards, on the basis of the collection order, is carried out in accordance with the requirements established by the Regulation of the Bank of Russia from 03.10.2002 No. 2-P "On non-cash settlements in the Russian Federation", with Accounting for the features established by the Regulation of the Bank of Russia dated 01.04.2003 No. 222 "On the procedure for the implementation of non-cash settlements by individuals in the Russian Federation".

Based on the rules of paragraphs 1.1.3 and 5.5, provisions No. 222-p. Writing funds from a bank account of an individual for which transactions with payment cards are performed, carried out by the bank on the basis of a collection order within the funds available on the account. In case of insufficiency of funds in the bank account of an individual for the implementation of calculations on the collection order, it is possible to partially execute it. The return of the collection order, the execution of which was not made due to the lack of funds on the bank account of an individual or was partially carried out in the manner prescribed by Regulation No. 2-p.