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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. General provisions on electronic money

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

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

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

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

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

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

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

2. The procedure for forming the remainder of the EMF

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

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

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

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

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

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

3. The procedure for using ESP for EMF transfer

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

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

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

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

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

4. EMF transfer services

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

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

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

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

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

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

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

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

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

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

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

2. A client - an individual can provide funds to an electronic money operator using a bank account or without using a bank account, as well as at the expense of funds provided using bank accounts by other individuals in cases of identification or simplified identification of a client - an individual in accordance with the Federal Law of August 7, 2001 N 115-FZ "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism", legal entities or individual entrepreneurs to an electronic money operator in favor of such a client - an individual, if The agreement between the electronic money operator and the individual client provides for this possibility.

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

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

(see text in the previous edition)

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

(see text in the previous edition)

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

(see text in the previous edition)

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

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

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

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

(see text in the previous edition)

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

(see text in the previous edition)

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

(see text in the previous edition)

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

(see text in the previous edition)

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

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

(see text in the previous edition)

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

(see text in the previous edition)

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

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

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

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

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

(see text in the previous edition)

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

There are five possible features of the money transfer services market, the presence of which could lead to inefficiency in the provision of such services. Such market inefficiencies may result in the cost of remittance transfer services being higher than they otherwise would be and/or the quality of services offered being lower.

List of these features:

lack of transparency in the service market and lack of understanding on the part of users;

weaknesses in the infrastructure used to provide funds transfer services;

the potential for undesirable consequences from poor or disproportionate regulation or weak legal justification;

lack of competitive conditions in the services market;

presence of risks.

Lack of transparency

Transparency can be an important factor in improving the overall efficiency of the remittance services market. Regardless of the specific type of service, it is useful for senders and recipients of transfers to be able to receive complete information about the service in advance (that is, before they use it). Having this transparency allows an individual to make an informed decision regarding which service to use.

Transparency is especially needed when determining the total cost and time of service.

The total cost of a transfer typically includes: taxes levied, the cost of currency exchange transactions between the currencies of the sending and receiving countries, and the amount of commission paid for the transfer to the RSP and/or agents. Typically, it is important for the user to have information about how much money from the amount sent by the sender will be paid to the recipient. However, since fees can vary depending on the amount sent, and the exchange rate changes quite often, users need to have a general understanding of these components of the overall price.

Currently, the market for money transfer services is not always completely transparent. Below are some factors that could cause this: exchange rate; the amount of commission charged by the issuing RUP; speed of service; and other issues affecting transparency.

Information about the total cost of translation depends on changes in exchange rates, so the provider accepting funds slightly inflates the cost of the transfer. The transferee may not know the exchange rate when he transfers funds, and marking up by setting a certain fee or margin gives him some protection if the exchange rate moves unfavorably.

The ability of a RSP to provide transparency regarding the fees of any RSP payer depends on the type of service (i.e., whether it is one-way, open, franchised, or negotiated). The advantage of services provided on a franchise or agreement basis is that the receiving RSP can be informed in advance of the fees that the issuing RSP will charge the recipient. This information can then be communicated to the sender of the funds so that they have an idea of ​​the total cost of the transfer. An agreement may be reached that the recipient of the funds will not pay any commissions at all; instead, the sender will pay increased commissions to the receiving RSP, and the receiving agent will transfer a portion of those commissions to the paying agent. The same situation is possible in the case of the provision of unilateral services (where the recipients of funds and those issuing them are the same). For open-ended services, it is usually not possible to be transparent about the fees charged by the RSP, since the RSP typically has no connection with the paying agent and therefore has no way of knowing what fees the RSP charges. When providing an open service, the paying agent is usually forced to collect a commission from the recipient of funds, otherwise he will not have any income from providing the service.

Even if individual RSPs are fully transparent, it may be difficult for end users to compare the costs of different services. This is partly because market exchange rates are constantly changing and different transfer options from one currency to another are subject to different margins, which change from time to time. In addition, margin values ​​may be added to various "indicative" exchange rates (eg, open market exchange rates at different times of day). Therefore, the cheapest service offered by the RSP on a given day for a given currency pair may not be the cheapest on another day or for another currency pair. Naturally, the cost of services in all consumer markets varies depending on the type of product offered and changes from time to time (though usually not every day). Another important issue that complicates the transfer of funds is that the cheapest RSP service in terms of exchange rate may not be the cheapest in terms of fees charged, and most clients find it difficult to calculate which service will have the lowest overall cost.

It may also be difficult to compare the overall price because RSPs or the intermediaries they use may sometimes use float revenues as a partial alternative to fixed fees. In this case, a “float” occurs where financial institutions hold client funds for longer than is necessary in order to earn income from investing those funds. As a result, the established commission becomes less than it would be in the absence of the delay, but the speed of service delivery slows down.

Speed ​​of service provision determined by the time between the moment the sender makes a payment and the moment when these funds can be available to the recipient. The speed of service delivery depends on:

on the speed of message transmission;

on the speed of the calculation;

whether the disbursing agent has liquidity reserves so that disbursements can occur before settlement is completed.

Information on the speed of service provision is easier to obtain for cases of one-way services, as well as services based on a franchise or agreement, than for open services. The actual time the calculation process takes depends on how quickly each of the intermediate steps is completed. In cases of unilateral services, as well as services based on a franchise or agreement, this time should be standardized and known, or may be agreed upon. When providing an open service, there is no direct contact or opportunity for agreement between the RSPs participating in this process, so the recipient of the funds for the RSP transfer has little control over the timing of the provision of such a service.

Providing transparency comes at a cost. In addition to the direct costs of providing information, there may be costs associated with the need to obtain reliable information about a specific service, which ensures the transparency of the activities of the RSP. Most likely, all these costs will be borne by the consumer. However, this disadvantage can be offset by the significant advantage that transparency will make competition more effective, which in turn can lead to lower prices for services. Since consumers will be able to compare the real final cost of providing services by different services.

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

We have already covered the following questions:

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

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

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

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

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

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

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

Features of transactions with electronic money

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

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

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

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

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

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

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

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

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

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

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

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

Memo "About electronic money"

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

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

1. General provisions on electronic money

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

2. The procedure for forming the remainder of the EMF

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

3. The procedure for using ESP for EMF transfer

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

4. EMF transfer services

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

Accounting for electronic money

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

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

Tax accounting of electronic money

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

Value added tax

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

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