Online Ticket Act: Let's Put A Point? Electronic money and aggregators
Today I analyzed toster, several forums and blogs, where issues of Federal Law No. 54 on online tellers are discussed (like KKT) and came to the conclusion that the absolute majority of online entrepreneurs have not yet drawn conclusions about what this act prescribes.
Below you will find out:
Do you need CCV when accepting plastic cards and electronic money?
Do you need CCV when accepting payments through aggregators?
')
In order not to repeat - other aspects can be found here and here , or even here . And yes - more educational program .
So, electronic money (Yandex, Qiwi, PayPal, but - attention! - not WebMoney ).
We start, as all first-year lawyers learn from the name: the Federal Law is called “On the cash register when making cash payments and (or) payments using electronic means of payment ”.
Next, open my "favorite" Federal Law No. 161 "On the national payment system", namely - art. 3 and we read: “electronic means of payment is a means and (or) a method that allows a client of a money transfer operator to make, certify and transfer orders for the purpose of making money transfers within the framework of applied forms of cash payments using information and communication technologies, electronic media information, including payment cards, as well as other technical devices. ”
Go ahead and read art. 1.2 of the Federal Law No. 54 (the one about KKT): “Cash registers are used on the territory of the Russian Federation without fail by all organizations and individual entrepreneurs when they make settlements, except for cases established by this Federal Law.” We have already spoken about terms and subjects, therefore we focus on the other.
101 times, when CCP is NOT applied:
In order not to be unfounded - you need to turn to those services that provide access to online payments (cards, electronic money, invoicing, etc.).
For some reason they are rarely divided into groups, but still:
Those who did not make the list - I'm sorry: he came out "right out of his head" and does not have as his goal a complete overview of existing solutions (good - there are already some here , here or even here ).
The differences between these three groups are short: the first ones are “sharpened” at the reception, as a rule, of electronic means and represent not just a separate service, but a separate credit organization: Yandex - OOO NPO Yandex.Money (NPO — non-bank credit organization) with a license from the Central Bank . Qiwi - KIWI Bank (CJSC) also with permission from the Central Bank. PayPal - LLC NPO Peypal RU: of course, introduced by the Main Bank of the Country.
Next - aggregators: Yandex.Cassa - essentially the same organization as Yandex.Wallet?
Robokassa from under the wing of the Ocean Bank went under the wing of another. Now called "BUSINESS ELEMENT" (LLC). At the same time in the offer for nat. persons the following condition appears: “on the provision of services using the electronic means of payment“ RoboWallet ”...”.
Moreover, according to the offer with jur. persons: “The Company provides the Recipient with the Company's Services, aimed at ensuring information and technological interaction between the Participants in settlements for the purpose of making Payers for the Goods for Payers, and also provides (provides) to the Recipient other services (services) in the manner and on the terms stipulated by the Agreement”.
At the same time, the processing services are provided, in particular, again by a credit institution: KIWI Bank. I tell you more: for nat. persons “the current edition of the Offer is always posted on the System’s websites at the address robokassa.ru, and of the Bank at qiwi.com, and is necessarily offered for familiarization to the Client before the acceptance of the terms of the Offer and the conclusion of the Agreement.”
Next - PayAnyWay essentially is an aggregator of a not so well-known, but still recognizable company - Moneta.ru (with the design of which Artemy himself once worked ). Non-bank credit organization "MONETA.RU" is also on the site cbr.ru for obvious reasons. That is - a new credit organization.
Next - PayU (there was another project known in the Russian Federation more - the Hammer?): You don’t even need to search for a long time in offers - the name is very simple LLC PAYU LLC. And, of course, I address you to the page of a famous institution :).
Or this: intellectmoney.ru. The recipient of the mail and the owner of the site is IntellectMoney LLC. But what about the Federal Law №161? There is a contract with IM itself and with a very well-known in not very broad circles of RNKO RIB LLC: so that it becomes clearer, it sounds completely like the Limited Liability Company Settlement non-bank credit organization RIB. The same scheme as Robokassa with Kiwi: technological exchange and, in fact, the processing itself lies at the RIB (by the way, on the main page of the Robocash desk you can read literally the following: ”Currently, our main partner banks are KIWI Bank (JSC) and LLC RNKO "RIB" ").
And the last group is processing : they, in principle, are now working on conditions that are close to aggregators (in their current form), because The contract is concluded with the bank and processing (or trilateral) and, in fact, the entire “card acceptance and electronic money” is carried out by the bank, and PayOnline, Asist and others - carry out technological cooperation. But only.
What we see: banks, NGOs (read - simplified banks).
So how will the bank provide for you, LLC and SP, checks? (Answers, as always - in the comments: thinking in such cases is better together).
There is a scheme that a number of my colleagues see: through banking payment agents / subagents (for example, article 4.7. Federal Law on CCV, etc.). But how profitable is this scheme for the banks / NGOs themselves?
So, for today, aggregators, processing systems and the electronic money system itself are one and the same thing: credit organizations , but they don’t knock out checks, it seems.
I have often heard that “Yandex, Robokassa, etc. Developing solutions for the new law ”(actually, the article was born, see above, like 128 answers to similar questions): I would like to see, understand how it will look . Fortunately, only a few months remained until the full validity of the Law.
PS The article, as always, is interrogative: answers, charts, discussions are welcome.
UPD. Unfortunately, the message that this “article - question” is understood is not quite true. I will not discuss the reasons, just say 3 important conclusions:
UPD. J. Kassa : Under the law, the seller or the agent (for example, a courier service or a retail outlet with which you have a contract) must issue a check. Yandex.Cassa does not sell goods and services on behalf of the seller, and is not its agent. Our service technically accepts payments from customers and notifies the store as soon as the payment has passed. At this point, the seller must send an electronic check to the buyer and transfer his copy to the tax one ", this is absolutely for a fat point (see the comments - there is about PAW, I repeat again).
UPD. Useful links from comments
UPD. And here came the help from the older brothers: Yandex.Kassa and its augmented vision of the Federal Law 54 on CCV. Thank you for that!
Below you will find out:
Do you need CCV when accepting plastic cards and electronic money?
Do you need CCV when accepting payments through aggregators?
')
In order not to repeat - other aspects can be found here and here , or even here . And yes - more educational program .
So, electronic money (Yandex, Qiwi, PayPal, but - attention! - not WebMoney ).
We start, as all first-year lawyers learn from the name: the Federal Law is called “On the cash register when making cash payments and (or) payments using electronic means of payment ”.
Next, open my "favorite" Federal Law No. 161 "On the national payment system", namely - art. 3 and we read: “electronic means of payment is a means and (or) a method that allows a client of a money transfer operator to make, certify and transfer orders for the purpose of making money transfers within the framework of applied forms of cash payments using information and communication technologies, electronic media information, including payment cards, as well as other technical devices. ”
Go ahead and read art. 1.2 of the Federal Law No. 54 (the one about KKT): “Cash registers are used on the territory of the Russian Federation without fail by all organizations and individual entrepreneurs when they make settlements, except for cases established by this Federal Law.” We have already spoken about terms and subjects, therefore we focus on the other.
101 times, when CCP is NOT applied:
- Banks in devices ... - better read this definition yourself: it hurts a long time (Section 1, Article 2);
- Entrepreneurs with special types of activities (Section 2, Article 2);
- Organizations and PIs in hard-to-reach areas (Section 3, Article 2);
- Other exceptions (Section 5, 6, Art. 2, etc.);
- And finally, paragraph 9 of Art. 2: “cash registers are not used when making settlements using electronic means of payment without their presentation between organizations and (or) individual entrepreneurs”.
In order not to be unfounded - you need to turn to those services that provide access to online payments (cards, electronic money, invoicing, etc.).
For some reason they are rarely divided into groups, but still:
- Actually, e-wallets themselves (Qiwi, Yandex, PayPal ...);
- Payment aggregators (Yandex.Cassa, Robokassa, PayAnyWay, PayU, Intellectmoney ...);
- Processing (Assit, PayOnline, RBCMoney).
Those who did not make the list - I'm sorry: he came out "right out of his head" and does not have as his goal a complete overview of existing solutions (good - there are already some here , here or even here ).
The differences between these three groups are short: the first ones are “sharpened” at the reception, as a rule, of electronic means and represent not just a separate service, but a separate credit organization: Yandex - OOO NPO Yandex.Money (NPO — non-bank credit organization) with a license from the Central Bank . Qiwi - KIWI Bank (CJSC) also with permission from the Central Bank. PayPal - LLC NPO Peypal RU: of course, introduced by the Main Bank of the Country.
Next - aggregators: Yandex.Cassa - essentially the same organization as Yandex.Wallet?
Robokassa from under the wing of the Ocean Bank went under the wing of another. Now called "BUSINESS ELEMENT" (LLC). At the same time in the offer for nat. persons the following condition appears: “on the provision of services using the electronic means of payment“ RoboWallet ”...”.
Moreover, according to the offer with jur. persons: “The Company provides the Recipient with the Company's Services, aimed at ensuring information and technological interaction between the Participants in settlements for the purpose of making Payers for the Goods for Payers, and also provides (provides) to the Recipient other services (services) in the manner and on the terms stipulated by the Agreement”.
At the same time, the processing services are provided, in particular, again by a credit institution: KIWI Bank. I tell you more: for nat. persons “the current edition of the Offer is always posted on the System’s websites at the address robokassa.ru, and of the Bank at qiwi.com, and is necessarily offered for familiarization to the Client before the acceptance of the terms of the Offer and the conclusion of the Agreement.”
Next - PayAnyWay essentially is an aggregator of a not so well-known, but still recognizable company - Moneta.ru (
Next - PayU (there was another project known in the Russian Federation more - the Hammer?): You don’t even need to search for a long time in offers - the name is very simple LLC PAYU LLC. And, of course, I address you to the page of a famous institution :).
Or this: intellectmoney.ru. The recipient of the mail and the owner of the site is IntellectMoney LLC. But what about the Federal Law №161? There is a contract with IM itself and with a very well-known in not very broad circles of RNKO RIB LLC: so that it becomes clearer, it sounds completely like the Limited Liability Company Settlement non-bank credit organization RIB. The same scheme as Robokassa with Kiwi: technological exchange and, in fact, the processing itself lies at the RIB (by the way, on the main page of the Robocash desk you can read literally the following: ”Currently, our main partner banks are KIWI Bank (JSC) and LLC RNKO "RIB" ").
And the last group is processing : they, in principle, are now working on conditions that are close to aggregators (in their current form), because The contract is concluded with the bank and processing (or trilateral) and, in fact, the entire “card acceptance and electronic money” is carried out by the bank, and PayOnline, Asist and others - carry out technological cooperation. But only.
What we see: banks, NGOs (read - simplified banks).
So how will the bank provide for you, LLC and SP, checks? (Answers, as always - in the comments: thinking in such cases is better together).
There is a scheme that a number of my colleagues see: through banking payment agents / subagents (for example, article 4.7. Federal Law on CCV, etc.). But how profitable is this scheme for the banks / NGOs themselves?
So, for today, aggregators, processing systems and the electronic money system itself are one and the same thing: credit organizations , but they don’t knock out checks, it seems.
I have often heard that “Yandex, Robokassa, etc. Developing solutions for the new law ”(actually, the article was born, see above, like 128 answers to similar questions): I would like to see, understand how it will look . Fortunately, only a few months remained until the full validity of the Law.
PS The article, as always, is interrogative: answers, charts, discussions are welcome.
UPD. Unfortunately, the message that this “article - question” is understood is not quite true. I will not discuss the reasons, just say 3 important conclusions:
- Aggregators are exactly the same credit organizations and they will not beat checks for an LLC and individual entrepreneurs (see my comment on PAW below);
- There are almost no work schemes without cash registers today: those that are not convenient for customers;
- Work under the scheme of payment agents is not yet painted (I did not see; in the comments - no)
UPD. J. Kassa : Under the law, the seller or the agent (for example, a courier service or a retail outlet with which you have a contract) must issue a check. Yandex.Cassa does not sell goods and services on behalf of the seller, and is not its agent. Our service technically accepts payments from customers and notifies the store as soon as the payment has passed. At this point, the seller must send an electronic check to the buyer and transfer his copy to the tax one ", this is absolutely for a fat point (see the comments - there is about PAW, I repeat again).
UPD. Useful links from comments
- FTS response by bank transfer and checks
- Yandex.Cash and checks (not knocked out)
- Payanyway and checks (do not knock out, but would like?)
UPD. And here came the help from the older brothers: Yandex.Kassa and its augmented vision of the Federal Law 54 on CCV. Thank you for that!
Source: https://habr.com/ru/post/326792/
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