A bank paying agent is ... FZ about payment agents

Today, utilities can be paid not only through cash desks of banks, but also through post offices and terminals. And about the payment of services directly to the performer in the office already no one remembers. Legislation on intermediaries of banking services has long been unchanged. But the questions of the participants in the transaction are still as many.

The Essence

Amendments to the legislation allowed credit institutions to expand their presence in the regions and create an additional communication channel - a bank paying agent. This helped to improve the quality and flexibility of services. Let us consider in more detail what this intermediary is doing.

According to the Federal Law "On Banking Activities", a paying agent is a person who accepts funds to pay for goods and services by natural persons for the purpose of crediting them to a bank account. According to the same document, the agent could carry out transactions with plastic payment instruments.

After making changes to the Federal Law "On the National Payment System," the functional of agents has expanded: Now they can:

• Issue cash to customers;
• To attract subagents;
• To identify payers without opening an account;
• Carry out transactions with electronic means of payment.

Thus, now the bank payment agent is a legal entity (IP), which, on the basis of an agreement with a credit institution, participates in the provision of banking services, accepts and pays out the funds of individuals on the liabilities assumed.

Activities

To better understand what the activity of a paying agent is, you need to enter a number of concepts:

• The supplier is an IP, an organization that receives funds for goods sold and services sold;
• Payer - consumer of services;
• A paying agent is an intermediary that accepts payments from individuals (CCs).

A mediator can engage an operator and a subagent to carry out his activities. They are also engaged in activities for receiving payments, but the contract is already signed with the agent.

A responsibility

Legislation provides for the imposition on agents of certain obligations, on the performance of which the security of payments depends. Here are some of them:

• The agent can carry out activities only after signing the contract;
• The operator must register with Rosfinmonitoring;
• When accepting payments, an account is opened, which is used to execute the transaction;
• The bank can not act as a subagent or operator.

Score

A special account for the payment agent is not used for all transactions. Its owner can only write off funds for certain purposes, but enforcement is also not enforced. That is, it serves as a transit between an individual and the owner's bank account. From the operator's special account, funds are transferred to the client and directly to the intermediary in terms of remuneration. Subagent transfers money to the operator and supplier. The paying agent is obliged to immediately transfer funds to the account. For violation of this requirement, he faces a fine of 50 thousand rubles.

Let's consider typical schemes on which services of the payment agent are realized.

Scheme 1

The agent concluded an agreement on the transfer of utility payments through a network of terminals. To calculate the collection and dispatch of documents, the management company (MC) attracted a single settlement center (ERCT) with its own cashier. ERKC concluded a contract with an intermediary owning a network of terminals.

Since the Criminal Code is an agent, it must open a special account. It will be transferred funds from the ERCC. Then the money will be transferred to the resource-supplying organization (RNO), and from there to the counterparties. The ERRC, as an operator, must also open an account. It is not allowed to transfer funds directly to the North Ossetian Republic. Act only through the Criminal Code. The owner of the terminals in this scheme acts as a subagent. The remuneration of all intermediaries is stipulated in the contract with the service provider. And consumers need to be notified that a commission is charged for the transfer of funds.

Scheme 2

The payment agent is an intermediary between individuals and housing and communal services, which operates on the basis of a contract. The management decided that the fee for services provided in apartment buildings (MKD) is immediately transferred to the bank account. Payments can be made through terminals by an individual.

The payment agent in this scheme is the agent for transferring funds from all payers, except for residents of MKD. Only one operator can simultaneously accept payments separately under a contract with the MC and with the RSO. The intermediary's commission negotiates with each supplier separately.

Scheme 3

MC under the contract of resource supply acts as an agent of owners of MKD. She receives a fee for services from consumers. They also pay for the transaction costs. In this scheme, the Criminal Code is a provider of banking services. The operator is obliged to transfer funds to the agent's account. There is no agreement on cooperation between the Criminal Code and the RNO . Therefore, all funds must be transferred immediately to the account of housing and communal services.

Scheme 4

CC provides services for the maintenance of property in an apartment building. The owners concluded a contract with the ERCC on the transfer of payments. The Criminal Code receives a fee for the repair of property and utilities. The second part is immediately transferred to the North Ossetian Autonomous Republic. Remuneration ERCTS must pay both suppliers (CC and RNC).

Banks

Credit organizations can not act as operators for accepting payments. But they provide a service for non-cash transfer of funds from individuals without opening an account. Based on the client's order, the bank draws up a payment order. The document should indicate all the details and purposes of payment. The limit amount of the transfer is limited to acceptable within the framework of non-cash settlements. Separately from the transfer amount, an intermediary commission is paid.

Differences

Thus, there are two operations: receipt of payments and transfer of funds. The difference between them is purely legal. Acceptance of payments is carried out on the basis of an agreement with the North Ossetian Republic or with the consumer. Payers appeal to the agent with a request to transfer funds to the account of housing and communal services. If an agreement is concluded between the RNO and the UK, the agent accepts the payment. Transfer of funds is carried out at the request of the payer for the specified details.

Controversial moments

The manager of the MKD signed an agreement on the transfer of payments with the operator and the bank (on the exchange of information data). Whose requisites should be indicated on the receipt? The payment must contain the account number of the service provider. If the document specifies the details of the special account, the bank will not be able to transfer funds.

Scheme 5

The MKD manager concluded a contract with the telecommunications services provider for the collection of funds for the use of an antenna that is not part of the collective property. In the receipt from the housing and communal services this amount is shown in a separate line. Money is accepted both through the bank and through the agent. In this scheme, the CC and the service provider must use special accounts for the transaction.

However, the Federal Law on payment agents does not apply to non-cash transactions. Therefore, if the consumer transfers from his account, the funds fall into the Criminal Code, which already repays the debt to the telecommunications operator. These two items need to be written separately in the contract.

Conclusion

Acceptance of utility payments through intermediaries imposes certain duties on agents. For example, keep a separate account for all transactions. If the CM accepts a fee for the services of the PCO through its own ticket offices or through another intermediary, then it becomes an agent itself. If intermediaries in transactions are absent, then consumers can pay for services through banks. For this purpose, there is no need to conclude a separate agreement. But banks are interested in getting a reward. Therefore, information services are provided for a fee.