INFORMATION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

Answers to questions on application of the Provision of the Bank of Russia of 19.06.2012 No. 383-P "About rules of implementation of money transfer" (the Part 6)

1. Question: Whether the procedure for control of availability of consent of the third party to cash write-off from the bank account can determine bank account agreement?

Answer: The provision of the Bank of Russia No. 383-P regulating procedure of money transfer in the territory of the Russian Federation in currency of the Russian Federation establishes compulsory procedures of acceptance to execution and execution of the order of the client who is drawn up within the applied form of clearing settlements.

According to Item 2.1 of the Provision of the Bank of Russia No. 383-P of the procedure of acceptance to execution of the order of the payer requiring according to the Federal Law of consent of the third party to the order money of the payer include control of availability of such consent of the third party. According to Item 2.8 of the Provision of the Bank of Russia No. 383-P, in case of receipt of the order of the payer requiring according to the Federal Law of consent of the third party to the order money of the payer, the payer bank exercises control of availability of consent of the third party according to the procedure, established by the legislation and the agreement, including bank account agreement.

2. Question: In what sequence by the individual entrepreneur information in the order detail "Payer", "Receiver" shall be specified? Whether reducing legal status of the physical person who is engaged in business activity is allowed?

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