FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 3, 2009 No. 103-FZ

About the activities for acceptance of payments of physical persons performed by payment agents

Accepted by the State Duma of the Russian Federation on May 22, 2009

Approved by Council of the Russian Federation on May 27, 2009

Article 1. The relations regulated by this Federal Law

1. This Federal Law governs the relations arising when implementing activities for acceptance by the payment agent from the payer of the cash allocated for execution of monetary commitments of physical person before the supplier on payment of goods (works, services) and also the functions established by the legislation of the Russian Federation directed to the public authorities, bodies of the public power of the federal territory, local government bodies and organizations which are under their authority within accomplishment by them.

2. Provisions of this Federal Law are not applied to the relations connected with activities for carrying out calculations:

1) performed by legal entities and individual entrepreneurs in case of sales of goods (performance of works, rendering services) it is direct with physical persons, except for the calculations connected with collection by the payment agent from the payer of the remuneration provided by this Federal Law;

2) between legal entities, and (or) individual entrepreneurs when implementing of business activity by them, and (or) the persons who are engaged in private practice and not being individual entrepreneurs which is not connected with accomplishment of functions of payment agents;

3) for benefit of foreign legal entities;

4) performed via bank transfer;

5) performed according to the legislation on banks and banking activity.

3. Regulations of the Federal Law of June 27, 2011 "About national payment system" are applied No. 161-FZ to the relations regulated by this Federal Law only regarding implementation by the Bank of Russia of supervision and observation in national payment system.

Article 2. The basic concepts used in this Federal Law

In this Federal Law the following basic concepts are used:

1) the supplier - the legal entity, except for credit institution, or the individual entrepreneur, the receiving money of the payer for implementable goods (the performed works, the rendered services) according to this Federal Law, and also the legal entity or the individual entrepreneur who brings payment for premises and utilities according to the Housing code of the Russian Federation, and also the public authorities, bodies of the public power of the federal territory and local government bodies, organizations which are under their authority, receiving money of the payer within accomplishment by them of the functions established by the legislation of the Russian Federation;

2) the payer - the physical person performing introduction to the payment agent of cash for the purpose of execution of monetary commitments of physical person before the supplier;

3) the payment agent - the legal entity created in accordance with the legislation of the Russian Federation, except for credit institution, or the individual entrepreneur performing activities for acceptance of payments of physical persons. Payment agent is the operator on acceptance of payments or the payment subagent;

4) the operator on acceptance of payments - the payment agent - the legal entity, data on whom are entered by the Bank of Russia in the register of operators on acceptance of payments and which according to requirements of this Federal Law signs agreements on implementation of activities for acceptance of payments of physical persons with suppliers;

5) the payment subagent - the payment agent - the legal entity or the individual entrepreneur who signed with the operator on acceptance of payments the agreement on implementation of activities for acceptance of payments of physical persons;

6) the payment terminal - the device for acceptance by the payment agent from the payer of cash functioning in the automatic mode without participation of the authorized person of the payment agent.

Article 3. Activities for acceptance of payments of physical persons

1. Under activities for acceptance of payments of physical persons (further - acceptance of payments) for the purpose of this Federal Law acceptance by the payment agent from the payer of the cash allocated for execution of monetary commitments before the supplier on payment of goods (works, services) including introduction of payment for premises and utilities according to the Housing code of the Russian Federation, and also implementation by the payment agent of the subsequent settlings with the supplier is recognized.

2. The payment agent in case of acceptance of payments has the right to levy from the payer remuneration in the amount of, determined by the agreement between the payment agent and the payer (further - remuneration), except for the case provided by part 22 of article 4 of this Federal Law.

3. The monetary commitment of physical person before the supplier is considered fulfilled in the amount of the cash deposited to the payment agent, except for remunerations, from the moment of their transfer to the payment agent.

Article 3.1. Maintaining the register of operators on acceptance of payments

1. The Bank of Russia performs maintaining the register of operators on acceptance of payments in the procedure established by it.

2. Entering of information about the legal entity into the register of operators on acceptance of payments, refusal in entering of information about the legal entity into the specified register and exception of information about the legal entity of the specified register are performed by the Bank of Russia according to this Federal Law.

3. The Bank of Russia has the right to request and receive on a grant basis at federal executive bodies, their territorial authorities, legal entities documents and information on the operator on acceptance of payments, necessary for maintaining the register of operators by the Bank of Russia on acceptance of payments.

4. The Bank of Russia establishes the list of the data containing in the register of operators on acceptance of payments, including the data which are subject to placement on the official site of the Bank of Russia on the Internet, and also terms of placement of the specified data.

Article 3.2. Requirements to governing bodies of the operator on acceptance of payments

1. Person performing (including it is temporary) functions of sole executive body of the operator on acceptance of payments, the special official responsible for implementation of rules of internal control of the operator for acceptance of payments for the purpose of counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism, extremist activities and financing of distribution of weapons of mass destruction (further - the special official of the operator on acceptance of payments), the member of collegiate executive body, the board member (supervisory board) of the operator on acceptance of payments (in the presence) in case of appointment (election) to position and during the entire period of implementation of functions on the corresponding position (appropriate authority), person performing (including it is temporary) functions of sole executive body of the legal entity (management company), with which operator on acceptance of payments the agreement on delegation of power of its sole executive body is signed, at the time of the conclusion of the agreement and during all term of its action shall conform to requirements to goodwill. As discrepancy to requirements to goodwill it is understood:

1) availability at person of not removed or unspent conviction for making of intentional crime (the specified requirement does not extend to person performing functions of the special official of the operator on acceptance of payments);

2) availability at person performing functions of the special official of the operator on acceptance of payments who is not removed or unspent conviction for crimes in the field of economy or crime against the government;

3) appointment fact availability to person of administrative punishment in the form of disqualification which term did not expire;

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