RESOLUTION OF BOARD OF THE NATIONAL BANK OF UKRAINE

of April 19, 2005 No. 137

About approval of the Regulations on procedure for issue of payment cards and implementation of transactions with their application

According to article 7 of the Law of Ukraine "About the National Bank of Ukraine" and for the purpose of reduction of regulatory legal acts of the National Bank of Ukraine in compliance with the Law of Ukraine "About payment systems and money transfer in Ukraine" the Board of the National Bank of Ukraine DECIDES:

1. Approve Regulations on procedure for issue of payment cards and implementation of transactions with their application it (is applied).

2. Recognize to invalid:

the resolution of Board of the National Bank of Ukraine of 27.08.2001 N367 "About Approval of the Regulations on Procedure for Issue of Payment Cards and Implementation of Transactions with Their Application" registered in the Ministry of Justice of Ukraine 15.11.2001 for N954/6145;

the resolution of Board of the National Bank of Ukraine of 04.06.2003 N226 "About Approval of Changes to Regulations on Procedure for Issue of Payment Cards and Implementation of Transactions with Their Application" registered in the Ministry of Justice of Ukraine 11.06.2003 for N474/7795;

Item 1 of the resolution of Board of the National Bank of Ukraine of 17.06.2004 N268 "About Modification of Some Regulatory Legal Acts of the National Bank of Ukraine concerning Implementation of Transactions with Use of Payment Cards" registered in the Ministry of Justice of Ukraine 06.07.2004 for N840/9439.

3. To department of payment systems (N. G. Lapko) after state registration in the Ministry of Justice of Ukraine to bring contents of this resolution to the attention of territorial administrations of the National Bank of Ukraine and banks of Ukraine for use in work.

4. The resolution becomes effective in 10 days after state registration in the Ministry of Justice of Ukraine.

Approved by the Resolution of Board of the National Bank of Ukraine of April 19, 2005 No. 137

Regulations on procedure for issue of payment cards and implementation of transactions with their application

1. General provisions

1.1. This Provision is developed according to the Laws of Ukraine "About the National Bank of Ukraine"), "About banks and banking activity", "About payment systems and money transfer in Ukraine", other legal acts of Ukraine, including regulatory legal acts of the National Bank of Ukraine.

1.2. The provision establishes general requirements of the National Bank of Ukraine (further - the National Bank) to procedure banks of issue of payment cards, determines the transactions performed with their application and procedure of payments by these transactions.

1.3. Features of application of payment cards interstate and international payment systems are regulated by the corresponding regulatory legal acts of National Bank and rules of payment systems taking into account requirements of this provision.

1.4. Action of the Provision extends to members and participants interstate and international payment systems which are subjects of the relations arising during implementation of the transactions initiated on payment by cards of these payment systems.

Requirements of this provision do not extend to issue and use of cards which do not belong to payment (telephone, transport, discount, etc.), intended for fixation in electronic form of debt of the issuer to the holder of these cards on prepaid goods (services).

1.5. In this Provision the terms below are used in the following value:

authorization - the procedure of receipt of permission to carrying out transaction using payment card;

mnogoemitentny payment system - the payment system including two and more issuers;

the holder of payment card - the physical person - the client or the authorized representative of the client who on legal causes uses payment card (its details) for initiation of money transfer from the corresponding bank account or performs other transactions with its application;

the authorized representative of the client - physical person which on legal causes has the right to perform account transactions with use of payment card at the expense of part or all means which are considered on the card customer account;

the document on transaction using payment card - the document confirming accomplishment of transaction with use of payment card based on which the relevant documents on transfer are created or funds for accounts are enlisted;

e-wallet - the smart card or the payment application of payment card, means on transactions with which are considered on the consolidated account of the issuer. The e-wallet gives opportunity to his holder within the set limit to carry out payment for goods (services) without introduction of personal identification number. It is intended generally for implementation of calculations and cash withdrawal on the small amounts. The e-wallet is one of types of in advance paid payment cards;

imprinter - the device intended for transfer of relief details of payment card on slip;

the card account (further - kartscht) - the current account on which transactions by payment cards, and also other transactions determined by this Provision are considered;

the client - physical person or legal entity, branch, the representation, department (further - the legal entity) which signed the contract with the issuer on provision and use of payment cards;

authorization code - code which is created and provided by the issuer or the legal entity acting according to its order, the member or the member of payment service provider by results of positive authorization;

the consolidated account - the account which opens the issuer for accounting of means by in advance paid payment cards (e-wallets) emitted by it. The debit balance according to the consolidated account is not allowed;

corporate payment card - the payment card giving opportunity to her holder to perform transactions on kartscheta of the legal entity or physical person entrepreneur;

in advance paid payment card - the payment card granting the right to the holder to carry out transactions within previously deposited funds which are considered on the consolidated account of bank;

the overdraft - short-term loan which is granted by bank to the client in case of exceeding of transaction amount by payment card of balance on its kartscheta or the set crediting limit;

odnoemitentny payment system - payment system of one bank which at the same time performs functions of payment institute, the issuer and ekvayr;

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