Basic form non-cash payments is settlement by payment orders. In 2009, 98.5% of payments from the total volume of payments and settlements in the economy were made in this form, for a total amount of 469.1 trillion. rub.

A payment order is a written order from the account owner (payer) to the bank servicing him, documented as a settlement document, to transfer a certain amount of money to the recipient’s account opened in this or another bank.

The possibilities of application in the calculation of payment orders are diverse. Payment orders can be made:

a) transfers Money for goods supplied, work performed, services rendered;

b) transfers of funds to budgets of all levels and in off-budget funds;

c) transfer of funds for the purpose of returning/placing credits (loans)/deposits and paying interest on them;

d) transfer of funds for other purposes provided for by law or agreement.

The payment order is issued by the payer on a form prescribed by law (Appendix 1), containing all the necessary details for making the payment and submitted to the bank.

Payment orders are accepted by the bank for execution regardless of the availability of funds in the payer's account. If there are no or insufficient funds in the payer’s account payment order placed in the file cabinet " Settlement documents not paid on time” and is paid as funds are received in the order established by law.

If there are insufficient funds in the account, partial payment of payment orders is allowed. In this case, a payment order is used.

The bank is obliged to inform the payer, upon his request, about the execution of the payment order no later than the next business day after the payer contacts the bank, unless a different period is provided for in the bank account agreement. The procedure for informing the payer is determined by the bank account agreement.

The sequence of operations and document flow using payment orders are presented in Fig. 2.

Rice. 2.

Payments by payment orders have a number of advantages compared to other forms of payment: relatively simple document flow, acceleration of cash flow, the ability of the payer to pre-check the quality of paid goods and services, the ability to use this form not only in settlements for business transactions, but also for non-commodity transactions . The disadvantage of this document is that the supplier has no guarantee of receiving payment due to the lack of funds in the payer’s account. Therefore, payments by payment orders for goods and services are largely carried out in the order of advance payment or scheduled payments.

The sequence of operations when prepaying for goods (services) using payment orders is presented in Fig. 3.

Rice. 3.

With constant and uniform supplies of goods and provision of services, buyers can pay suppliers with payment orders in the order of scheduled payments. In this case, settlements are made not for each individual shipment or service, but by periodically transferring funds from the buyer’s account to the supplier’s account at specific times and in a certain amount based on the plan for the supply of goods and services for the coming month or quarter.

For each scheduled payment, a separate payment order is submitted to the bank, in which in the “Type of payment” column the buyer indicates the scheduled payment by term (day, month).

The payer can submit payment orders to the bank in advance for scheduled payments for the coming month. In this case, payment orders are recorded in a special journal and paid on the day the payment is due.

Payments by scheduled payments are a progressive form of transferring payments, since they are based on the counter movement of money and goods. This leads to faster settlements, a reduction in mutual receivables accounts payable, simplifies the calculation technique, allows enterprises and organizations to plan their payment turnover in advance.

Payment order represents a written order from the account owner to the bank to transfer certain sum of money his account (settlement, current, budget, loan) to the account of another enterprise-recipient of funds in the same or another same-city or non-resident bank institution.

The possibilities of application in the calculation of payment orders are diverse. With their help, settlements are carried out on the farm for both commodity and non-commodity transactions. In this case, all non-commodity payments are made exclusively by payment orders.

In payments for goods and services, payment orders are used in the following cases:

For goods received and services provided (i.e., by direct acceptance of goods), subject to reference in the order to the number and date of the shipping document confirming receipt of goods or services by the payer;

For payments in the order of advance payment and services (subject to reference in the order to the number of the agreement, agreement, contract that provides for advance payment);

To pay off accounts payable commodity transactions;

When paying for goods and services according to court and arbitration decisions;

When paying rent for premises;

Payments to transport, utilities, household enterprises for operational services, etc.

In settlements for non-commodity transactions, payment orders are used:

- For payments to the budget;

Repayments bank loans and interest on loans;

Transfers of funds to government agencies and social insurance;

Contributions of funds to the authorized funds when establishing JSCs, partnerships, etc.;

Purchases of shares, bonds, certificates of deposit, bank bills;

Payment of penalties, fines, penalties, etc.

The payment order is issued by the payer on a standard form containing all the necessary details for making the payment and submitting it to the bank, usually in 4 copies, each of which has its own specific purpose:

The 1st copy is used in the payer’s bank to debit funds from the payer’s account and remains in the documents for the bank;

The 4th copy is returned to the payer with the bank’s stamp as a receipt for acceptance of the payment order for execution;

The 2nd and 3rd copies of the payment order are sent to the payee's bank; in this case, the 2nd copy serves as the basis for crediting funds to the beneficiary’s account and remains in the documents for this bank, and the 3rd copy is attached to the beneficiary’s account statement as a basis for confirming the bank transaction.

A payment order is accepted by the bank for execution only if there are sufficient funds in the payer's account. A bank loan can also be used to make a payment if the economic entity has the right to receive it.

The order is valid for 10 days from the date of its issue (the day of issue is not taken into account). The document flow diagram for settlements by payment orders for goods actually received, services rendered, and work performed is as follows.

With constant and uniform supplies of goods and provision of services, buyers can pay suppliers with payment orders in the order of scheduled payments. In this case, payments are made not for each individual shipment or service, but by periodically transferring funds from the buyer’s account to the supplier’s account at specific times and in a certain amount based on the plan for the supply of goods and services for the coming month or quarter. In this way, calculations can be made between trade organizations and their suppliers, between peat enterprises and power plants, manufacturing enterprises for coal, gas, electricity, metal, etc.

Document flow diagram for settlements by payment orders

1 – shipment of products, provision of services with the transfer of invoices;

2 – submission of a payment order to the bank to transfer funds to the supplier;

3 – transfer of documents to the CC to reflect account transactions;

4 – registration of documents passed through the CC and submitting them to the RCC;

5 – debiting funds from the correspondent account of the payer’s bank and sending a credit memo for the MFO to the RCC (branch B);

6 – crediting of funds to the correspondent account of the supplier’s bank;

7 – debiting funds from the correspondent account of the supplier’s bank and crediting them to the supplier’s current account;

8 – statement from the supplier’s current account about the crediting of funds on the payment request.

Payments by scheduled payments are a progressive form of transfer of payments, since they are based on the counter movement of money and goods. This leads to faster settlements, a reduction in mutual accounts receivable and payable, simplifies settlement techniques, and enables enterprises and organizations to plan their payment turnover in advance.

In this regard, in order to normalize financial condition agricultural producers, enterprises and organizations of the food and processing industry and creating conditions to support the development of industries. Decree of the President of the Russian Federation of September 22, 1993 No. 1401 “On streamlining payments for agricultural products and food products” expanded the practice of using payments by scheduled payments. Based on this Decree, the Central Bank of Russia established that with permanent economic relations, payments from buyers to agricultural producers, food and processing industry enterprises, regardless of the form of ownership, for the supplied products are made in scheduled payments. In this case, the transfer of funds is carried out within the time frame and in the amounts agreed upon in the agreements of the parties, but at least three times a month.

The specified scheduled payments apply to both same-city and non-resident payments. The amount of each scheduled payment is established by the parties for the coming month (quarter) based on the agreed frequency of payments and the volume of deliveries under the contract or actual deliveries for the previous period.

For each scheduled payment, the bank is provided with a separate payment order, in which in the “Type of payment” column the buyer indicates the scheduled payment by term (day, month) in accordance with the above-mentioned Decree.

After the bank verifies the correctness of the order, funds are debited from the payer’s account. If there are no funds in the buyer’s account on the day the scheduled payment is due, the payment order is accepted by the bank into the file cabinet of unpaid settlement documents with posting according to off-balance sheet account“Settlement documents not paid on time.” Payment is made as funds are received into the payer's account after priority payments to the budget, the Pension Fund, the Employment Fund and the Compulsory Medical Insurance Fund.

The current Regulations “On Non-Cash Payments” provide for special order settlements by payment orders when paying for money transfers through communication companies.

Enterprises and organizations are given the right, without limiting the amount, to make money transfers through communications companies for the following purposes:

In the name of individual citizens, funds due to them personally (pensions, alimony, wages, travel expenses, royalties);

Enterprises in places where there is no bank establishment, for expenses for paying wages, for the organized recruitment of workers, for the procurement of agricultural products.

In these cases, the paying company issues a payment order to the nearest post office, indicating the purpose of the transferred amount and submits it to its bank institution. To the order, the payer must attach forms of completed money transfers to specific recipients, as well as a general list of all transfer recipients (in 2 copies) indicating who receives the money, for what purpose, to which city or town this transfer is sent.

In turn, the communications company transferring funds issues a payment order through its bank branch addressed to the post office that will pay for these transfers. TO this order Attached are the completed money transfer forms of the remitters and a copy full list transfer recipients.

In this case, the movement of funds between banks is carried out through correspondent accounts in the RCC. Communications companies pay for received transfers in cash or by crediting funds to the accounts of the transfer recipients. In this case, transfers addressed to legal entities are paid only by non-cash payment, also by orders drawn up in 4 copies, for the total amount of all transfers for each recipient.

Through telecommunications companies, business entities can also transfer cash amounts of trading proceeds to their accounts opened with banks. On the form of a postal transfer, the transferor must indicate:

Your full name;

The number of the bank account to which this proceeds are to be credited;

The name and number of the bank in which this account is opened.

Communications company for all money transfers associated with the transfer of trading proceeds, must draw up a payment order to the transfer recipient for the total amount and submit this order to the bank servicing this enterprise communications. On the reverse side of all copies of orders related to the transfer of trade proceeds, the communications company is obliged to indicate the names of the specific transferors of trade proceeds.

Payments by payment orders have a number of advantages compared to other forms of payment: relatively simple and fast document flow, acceleration of cash flow, the ability of the payer to pre-check the quality of goods or services being paid, the ability to use this form of payment for non-commodity payments, which makes settlements by payment orders the most promising form of payment.

ü The concept of non-cash payments.

ü Payment order.

ü Payment request-order.

ü Check

ü Letter of Credit.

þ Cashless payments - these are settlements carried out without the use of cash, by transferring funds to accounts in credit institutions and offsets of mutual claims. Non-cash payments are of great economic importance in accelerating the turnover of funds, reducing the cash required for circulation, and reducing distribution costs.

In accordance with current legislation in modern conditions The following forms of non-cash payments are allowed:

· money orders;

· payment requests-orders;

· letters of credit;

· credit cards.

The forms of settlements between the payer and the recipient of funds are determined by them themselves in business contracts (agreements).

þ Payment order - a written order from the account owner to the bank to transfer a certain amount of money from his account (settlement, current, budget, loan) to the account of another enterprise - the recipient of the funds. One of the most common forms of non-cash payments, which has a number of advantages compared to other forms of payments: relatively simple and fast document flow, acceleration of cash flow, the ability to pre-check the quality of paid goods or services by the payer, the ability to use this form of payment for non-commodity payments.

A payment order is a document containing an order from a legal entity to its servicing bank to transfer a certain amount from its account.

By agreement of the parties, payment orders can be urgent, early or deferred.

Payment orders are used when:

· payments for goods received, subject to reference in the order to the number and date of shipping documents confirming the release of goods;

· settlements for non-commodity transactions;

· advance payment for goods in cases provided for in regulations, contracts, as well as when applying it as a measure of influence against a careless payer;

· advance payments (partial prepayment) in cases provided for in contracts or regulations, the order makes reference to the corresponding clause of the agreement (regulatory act).

Except mandatory details The payment order contains:

· general name of the product and payment amount;

· when making an advance payment, the inscription “Advance payment on invoice number___ date___”;

· date of receipt of the goods (its acceptance).

Payment orders are valid for 10 days from the date of issue (the day of issue is not taken into account.)

In order to guarantee payment, the supplier may include acceptance of a payment order in the terms of the transaction. The order is accepted by the bank by depositing the order amount on a separate balance sheet account “Accepted payment orders and settlement checks”. An appropriate note is made on the accepted order, confirming the deposit of funds for payment.

The disadvantages of this type of calculation include significant complication and lengthening of the document flow.

þ Payment request-order- the supplier’s requirement for the buyer to pay on the basis of the shipping and delivery notes attached to it commodity documents the cost of products supplied under the contract, work performed, services rendered. It is issued by the supplier based on the actual shipment of products or provision of services to standard form in 3 copies and together with shipping documents is sent to the buyer's bank for payment. The payer, having determined the possibility of payment, accepts the received payment request and submits it to the servicing bank so that the accepted amount is transferred from his account to the account of the recipient of the funds (seller).

A different procedure for making payments when using payment requests-orders is also possible. Payment requests-orders are issued by the supplier and, together with the documents, are sent to the buyer's bank, which transfers the request-order to the payer, and leaves the shipping documents in the file cabinet of the payer's account (card). The payer is obliged to submit a payment request-order to the bank within 3 days from the date of its receipt by the payer's bank.

Refusal to pay a payment in full or in part demand - order the payer notifies the bank serving him within these 3 days. Requests-instructions, together with the attached shipping documents and a notice of refusal to pay, are returned directly to the supplier.

♦ Collection - is a banking operation through which a bank, on behalf of its client, receives funds due to it from other enterprises and organizations on the basis of settlement, commodity and monetary documents. With the collection service, the supplier's bank itself forwards payment requests and orders to the payer's bank. Collection services of the supplier bank are provided to the client for a commission.

Domestic banking practice knows different forms of acceptance:

positive and negative, preliminary and subsequent, complete and partial.

s Positive acceptance - a form of acceptance in which the payer is obliged, for each settlement document containing the supplier’s request for payment, to declare in writing either his consent to payment or refusal of acceptance.

s Negative acceptance - a form of acceptance in which the payer notifies the bank in writing only of the refusal to accept. Refusals not declared within the stipulated period are regarded by the bank as the payer’s consent to payment (tacit acceptance).

s Preliminary acceptance means that the payer gives his consent to pay the supplier’s claim before debiting money from his account. In this case, the payment document is considered accepted if the payer does not refuse the payment to the bank within 3 business days.

The Regulation “On Non-Cash Payments” (1992) provides for the use of a positive form of acceptance in settlements with payment requests and orders, which is always preliminary.

þ Check - a written order from the payer to his bank to pay from his account to the holder of the check a certain amount of money. There are cash checks and settlement checks.

s Cash checks are used to pay the holder of a check cash at a bank, for example, wages, household needs, travel expenses, purchases of agricultural products, etc.

s Payment check - this is a document of the established form containing the order of the drawer to the bank O transfer from his accounts of a certain amount to the account of the recipient of funds (check holder). A checkbook is issued by a bank using funds stored in the accounts of enterprises and organizations. It consists of “Settlement check” check forms, bound in standard books of 10, 20, 25 and 50 sheets. Checkbook forms are strictly accountable documents. For getting checkbook entity submits an application to the bank. The bank deposits the applicant's funds in the account from which the checks are paid. The client receives a check book from the bank indicating the amount deposited by the bank, within which (limit) he can issue checks. When issuing each check, the balance of the limit is transferred to the counterfoil and certified by the responsible person. Checks are signed at the time the payment amount is established. The validity period of a checkbook is calculated from the date of issue and is established by the bank in agreement with the client.

A settlement check, like a payment order, is drawn up by the payer, but unlike a payment order, it is handed over to the company - the recipient of the payment at the time of the business transaction, and it presents the check to its bank for payment. The check is valid for 10 days, not counting the day of issue. Checks received for payment, as a rule, must be handed over by the check holder to the bank the next day from the date of issue, along with a register of checks. After checking the correctness of the registers, checking the checks and observing their validity periods, the bank credits the amount indicated in the check to the account of the recipient of the money, debiting it from the account in which the funds are deposited, or from a current or loan account (if the book is issued under a bank guarantee ). This is one of the guaranteed forms of payment.

þ Letter of Credit - an order from the buyer’s bank to the supplier’s bank to pay the supplier for goods and services on the terms stipulated in the buyer’s letter of credit application against the relevant documents submitted by the supplier. It is used in non-resident payments for goods, mainly for one-time deliveries. A letter of credit can be intended for settlements with only one supplier. The validity period of a letter of credit is not regulated by banking rules, but is established in the agreement between the supplier and the buyer. With this form of payment, payment is made at the location of the supplier. Unlike other forms of non-cash payments, a letter of credit guarantees payment to the supplier either from the buyer's own funds or from the funds of his bank. The disadvantage is the delay in cargo turnover: the goods are shipped only after receiving a letter of credit.

The following types of letters of credit can be opened:

· covered (deposited) And uncovered (guaranteed);

· revocable or irrevocable.

Covered (deposited) letters of credit are considered to be those, upon opening of which the issuing bank transfers own funds the payer or the loan provided to him at the disposal of the supplier’s bank to a separate balance sheet account “Letters of Credit” for the entire period of validity of the issuing bank’s obligations.

When correspondent relations are established between banks, an uncovered (guaranteed) letter of credit can be opened in the executing bank by granting it the right to write off the entire amount of the letter of credit from the issuing bank's account.

Each letter of credit must indicate whether it is revocable or irrevocable. In the absence of such an indication, the letter of credit is revocable, i.e. it can be changed or canceled by the issuing bank without prior agreement with the supplier. Accordingly, an irrevocable letter of credit cannot be amended or canceled without the consent of the supplier in whose favor it is opened.

A letter of credit can be intended for settlements with only one supplier. The validity period and payment procedure for a letter of credit are established in the agreement between the supplier and the payer. Payment from a letter of credit in cash is not allowed.

When using a letter of credit form of payment, the basic rules for making payments:

· products are paid for after they are shipped;

· payment is made with the consent of the payer (the payer is given the right to refuse payment if violations of the terms of the contract are detected);

· a letter of credit is opened at the expense of the buyer or a bank loan, if the buyer has the right to receive it.

On the positive side A letter of credit form of payment is a guarantee of payment. However, this form of calculation has a number of significant disadvantages:

· when opening a deposited letter of credit, the buyer’s funds in the amount of the letter of credit are diverted from its economic turnover for the duration of the letter of credit;

· when opening a guaranteed letter of credit, the bank bears increased risks;

· cargo turnover slows down, since the supplier cannot ship finished products before being notified of the opening of a letter of credit and incurs additional costs for their storage;

· the document flow scheme is relatively complex.

Representing an order from the account depositor (payer) to his bank to transfer a certain amount to the recipient’s account opened in this or another bank.

When making payments by payment orders, the bank undertakes, on behalf of the payer, at the expense of funds in his accounts, to transfer a certain amount of money to the account of the person specified by the payer in this or another bank within the period provided for by law or established in accordance with it, if more short term not provided for in the bank account agreement.

Payment orders, by agreement of the parties, can be urgent or ahead of schedule.

Urgent payment orders are used in the following cases:

• advance payment, i.e. payment before delivery of goods, works, services;
• payment after shipment of the goods, i.e. by direct acceptance of the goods;
• partial payments for large transactions.

A payment order can be paid in full or in part if there is no money in the payer’s account, which is noted on the payment document.

Rice. 4. Scheme of settlements by payment orders:

1. the buyer (payer of funds) provides the bank with a payment order in four (or five) copies and receives back the fourth copy as a bank receipt;
2. the bank servicing the buyer, based on the first copy of the payment order, debits funds from the buyer’s account;
3. the bank serving the buyer sends two copies of the payment order and funds to the bank serving the seller;
4. the bank servicing the seller, using the second copy of the payment order, credits funds to the account of the seller (recipient of funds);
5. Banks issue bank account statements to their clients.

Payment request

Payment requests-orders(Fig. 5) - the supplier’s requirement to the buyer to pay, on the basis of the settlement and shipping documents (bill of lading) sent to him, the cost of the products supplied under the contract, work performed and services to the servicing bank. Issued by the supplier. The payer is obliged to submit an acceptance of payment to the servicing bank within three days.

The payer, having determined the possibility of paying the received payment request-order, submits this document to the bank serving it to transfer the amount accepted by it to the seller’s bank account. Thus, a payment request-order represents a demand from the seller to the buyer and an order from the buyer to his bank to make payment on the basis of settlement and shipping documents for the supplied products.

Rice. 5. Scheme of settlements with payment requests and orders

1. shipment of products by the seller;
2. transfer of the payment request-order together with shipping documents to the bank servicing the buyer;
3. placing shipping documents in a file cabinet in the bank serving the buyer;
4. transfer of payment request-order to the buyer;
5. execution by the buyer of a payment request-order and transferring it to the bank. The bank accepts it only if there are funds in the buyer’s account;
6. transfer of shipping documents to the buyer;
7. the buyer's bank debits the payment amount from the buyer's account;
8. the buyer's bank sends payment requests and orders to the bank servicing the seller;
9. the seller's bank credits the payment amount to the seller's account;
10. The bank issues current account statements to its clients.

Features of settlements by payment orders and payment requests-orders

Payment order is a settlement document containing the claim of the creditor (recipient of funds) under the main agreement to the debtor (payer) for the payment of a certain amount of money through the bank.

Payment requirements are used in payments for goods supplied, work performed, services rendered, as well as in other cases provided for by the main contract.

Settlements through payment requests can be carried out with prior acceptance or without the payer’s acceptance.

Without the payer's acceptance, settlements with payment requests are carried out in the following cases:

• established by law;
• provided for by the parties to the main agreement, subject to the provision of the bank servicing the payer with the right to write off funds from the payer’s account without his order.

The payment request is drawn up on the form 0401061 .

The payment request shall indicate:

• payment terms;
• deadline for acceptance;
• the date of sending (handing over) to the payer the documents provided for in the contract if these documents were sent (handing over) to the payer;
• name of the goods (work performed, services rendered), number and date of the contract, numbers of documents confirming the supply of goods (performance of work, provision of services), date of delivery of the goods (performance of work, provision of services), method of delivery of the goods and other details - in the field “ Purpose of payment".

Payment request - order, paid with acceptance

In a payment request paid with the payer’s acceptance, the recipient of the funds enters “with acceptance” in the “Terms of payment” field.

The period for accepting payment requests is determined by the parties to the main agreement. Wherein the period for acceptance must be at least five working days.

When registering a payment request, the creditor (recipient of funds) under the main agreement in the “Term for acceptance” field indicates the number of days established by the agreement for accepting the payment request. In the absence of such an indication, the period for acceptance is considered to be five working days.

On all copies accepted by the executing bank for payment requests, the responsible executor of the bank in the field “Expiration of the acceptance period” enters the date upon which the period for acceptance of the payment request expires. When calculating the date, working days are taken into account. The day the bank receives the payment request is not included in the calculation of the specified date.

The last copy of the payment request is used to notify the payer of the receipt of the payment request. The specified copy of the payment document is transferred to the payer for acceptance no later than the next business day from the date of receipt of the payment request by the bank. The transfer of payment requests to the payer is carried out by the executing bank in the manner prescribed by the bank account agreement.

Payment requests are placed by the executing bank in the file cabinet of settlement documents awaiting acceptance for payment until the payer's acceptance is received, the acceptance is refused (full or partial), or the acceptance period expires.

The payer, within the period established for acceptance, provides the bank with the appropriate document on the acceptance of the payment request or refusal in whole or in part from its acceptance on the grounds provided for in the main agreement, including in the event of a discrepancy between the applied payment form and the concluded agreement, with a mandatory reference to clause, number, date of the contract and indicating the reasons for refusal.

The payer may grant the executing bank in the bank account agreement the right to pay payment claims submitted to his account by any creditors (recipients of funds) specified by the payer, if the payer does not receive a document on acceptance or refusal to accept (full or partial) the payment claim within the period specified established for acceptance.

When accepting payment requests, the application is drawn up in two copies, the first of which is signed officials who have the right to sign settlement documents, and the payer's seal.

In case of complete or partial refusal of acceptance, the application is drawn up in triplicate. The first and second copies of the application are drawn up with the signatures of officials who have the right to sign settlement documents and the payer’s seal.

The responsible executive of the bank servicing the payer's account checks the correctness and completeness of the client's application for acceptance, refusal of acceptance, the presence of grounds for refusal, references to the number, date, clause of the contract in which this basis is provided, as well as the correspondence of the number and date of the contract, specified in the payment request and affixes his signature and the bank’s stamp indicating the date on all copies of the application. The last copy of the application for acceptance or refusal of acceptance is returned to the payer as a receipt for receipt of the application.

Accepted payment request no later than the business day following the day of receipt of the application, it is written off by a memorial order from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and is paid from the payer’s account. A copy of the application, together with the first copy of the payment request, is placed in the documents of the day as a basis for debiting funds from the client’s account.

In case of complete refusal to accept the payment request-order is written off by a memorial order from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and no later than the business day following the day the application was received, it must be returned to the issuing bank along with a copy of the application for return to the recipient of the funds.

A copy of the application, together with a copy of the payment request and a memorial order, is placed in the documents of the day as a basis for writing off the amount of the payment request from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and returning the settlement document without payment.

In case of partial refusal to accept the payment request-order no later than the business day following the day of receipt of the application is written off in full by a memorial order from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and is paid in the amount accepted by the payer. In this case, the amount of the payment request, indicated by numbers, is circled and the new amount to be paid is displayed next to it. The entry made is certified by the signature of the responsible executive of the bank.

One copy of the application, together with the first copy of the payment request, is placed in the documents of the day as a basis for debiting funds from the client’s account, another copy of the application, no later than the business day following the day the application is received, is sent to the issuing bank for transfer to the recipient of the funds.

If not received in fixed time applications for acceptance, refusal to accept, as well as in the absence of a bank account agreement stipulated in clause 10.4 of this part of the Regulations, the payment request on the next business day after the expiration of the acceptance period is written off by a memorial order from the off-balance sheet account for recording the amounts of settlement documents awaiting acceptance for payment, and is returned to the issuing bank indicating on the reverse side of the first copy of the payment request the reason for the return: “Consent to acceptance was not received.”

All disagreements arising between the payer and the recipient of funds are resolved in the manner prescribed by law.

Payment request-order with direct debit of funds

In a payment request for the direct debiting of funds from payers’ accounts on the basis of legislation, in the “Terms of payment” field, the recipient of the funds enters “without acceptance”, and also makes a reference to the law (indicating its number, date of adoption and the corresponding article), on the basis of which collection is carried out. In the “Purpose of payment” field, the collector, in established cases, indicates the readings of measuring instruments and current tariffs, or makes a record of calculations based on measuring instruments and current tariffs.

In the payment request for direct debit of funds based on the agreement, in the “Terms of payment” field, the recipient of the funds indicates “without acceptance”, as well as the date number of the main agreement and its corresponding clause providing for the right of direct debit.

Direct debiting of funds from an account in cases provided for by the main agreement is carried out by the bank if there is a condition in the bank account agreement on direct debiting of funds or on the basis of an additional agreement to the bank account agreement containing the corresponding condition. The payer is obliged to provide the servicing bank with information about the creditor (recipient of funds), who has the right to submit payment requests for debiting funds without acceptance, the name of the goods, works or services for which payments will be made, as well as about the main agreement (date, number and the corresponding clause providing for the right of direct debit).

The absence of a condition on direct debiting of funds in a bank account agreement or an additional agreement to a bank account agreement, as well as the absence of information about the creditor (recipient of funds) and other above information is grounds for the bank to refuse to pay a payment request without acceptance. This payment request is paid in accordance with the preliminary acceptance procedure with a period for acceptance of five working days.

When accepting payment requests for direct debit of funds, the executive officer of the executing bank is obliged to check the presence of a link to legislative act(main agreement), giving the recipient the right to the specified payment procedure, its date, number, corresponding clause, as well as, in established cases, the availability of readings from measuring instruments and current tariffs or records of calculations based on measuring instruments and current tariffs.

In the absence of an indication “without acceptance”, payment requests are subject to payment by the payer in the order of preliminary acceptance with a period for acceptance of five working days.

Banks do not consider the merits of payers’ objections to debiting funds from their accounts without acceptance.

Payment order- an order of the account owner (payer) to the bank servicing him, documented in a settlement document, to transfer a certain amount of money to the recipient’s account opened in this or another bank.

Payment orders are the main payment instrument. In structure non-cash payments they account for about 91% of the total volume of payments and 77% in terms of quantity.

The predominance of this form of payment is due to its widespread use both for payments for goods and services and for non-commodity transactions, as well as the intensive introduction of electronic payments, which are currently carried out only on the basis of payment orders.

In payments for goods and services, payment orders are used in the following cases:

§ for goods received, work performed, services provided, subject to reference in the order to the number and date of the shipping document confirming receipt of goods or services by the payer;

§ for payments in the order of advance payment for goods and services (subject to reference in the order to the number of the main agreement, agreement, contract that provides for advance payment);

§ to repay accounts payable for commodity transactions;

§ when paying for goods and services according to court and arbitration decisions;

§ when paying rent for premises;

§ when making payments to transport, utility, household enterprises for operational services, etc.

In settlements for non-commodity transactions, payment orders are used for:

§ transfers of taxes, fees and other obligatory payments to budgets of all levels and to extra-budgetary funds;

§ repayment of bank loans and interest on loans;

§ transfer of funds to state and social insurance authorities;

§ contributions of funds to the authorized funds when establishing an OJSC, CJSC, LLC, etc.;

§ acquisition of shares, bonds, certificates of deposit, bank bills;

§ payment of penalties, fines, penalties, etc.

Payment orders are accepted by the bank regardless of the availability of funds in the payer's account. If there are no or insufficient funds in the account, payment orders are placed in a file cabinet in the off-balance sheet account “Settlement documents not paid on time” (card file No. 2) and are paid as funds are received in the order established by law. If an enterprise (organization) has the right to a loan in the form of an “overdraft”, then payment orders are paid at the expense of bank loan.

If there are insufficient funds in the account to fully pay the payment order and it is therefore placed in file cabinet No. 2, partial payment of the payment order is allowed. For partial payment, the bank uses the intrabank payment payment instrument order. In this case, on front side a partially paid payment order is marked “partial payment”, and on its reverse side the operational employee makes a note about the partial payment (the serial number of the partial payment, the number and date of the payment order, the amount of the partial payment, the amount of the unpaid balance, signature).

Payments by payment orders have a number of advantages compared to other forms of payment: relatively simple document flow, acceleration of cash flow, the ability of the payer to pre-check the quality of paid goods and services (in case of payment for goods and services already received), the ability to use this form not only in payments for business transactions, but also for non-commodity transactions. The disadvantage is that the supplier does not have a guarantee of receiving payment due to the lack of funds in the payer’s account. That is why payments by payment orders for goods and services are largely carried out in advance payment.

Question 6. Settlements for collection of payment requests with the payer’s acceptance.

Collection settlements are banking transaction, through which the bank (issuing bank) on behalf of and at the expense of the client, on the basis of settlement documents, carries out actions to receive payment from the payer. To carry out collection settlements, the issuing bank has the right to attract other banks (executing bank). Calculations collection procedures are carried out on the basis payment requests.

The specified payment instruments are presented by the recipient of funds (collector) to the payer's account through the collection system of the payee's bank.

Payment request is a settlement document containing the creditor's claim against the debtor (to the payer) about payment of a certain amount of money through a bank. Payment requirements are applied in settlements for goods supplied, work performed, services rendered, as well as in other cases provided for in the main agreement. Settlements through payment requests can be carried out both with the payer’s acceptance and without his acceptance.

When making payments under the first option, the creditor (supplier) issues a payment request based on the actual shipment of products or services provided and submits it to his bank for collection. Since the initiative in settlements in this case comes from the supplier, payment for this document by the payer must be made with the consent (acceptance) of the payer. The period for accepting payment requests is determined by the parties to the main agreement, but must be at least five working days. For this purpose, when registering a payment request, the creditor (supplier) in the field "Term for acceptance" indicates the number of days established for its acceptance.

The supplier's bank forwards the payment request to the payer's bank (executing bank). On all copies of payment requests accepted by the executing bank, the responsible executor of the bank in the field "Payment due date" indicates the date upon which the acceptance period expires. The day the payment request is received by the bank is not taken into account when calculating the specified date. The last copy of the payment request is used as a notice for acceptance and is transferred to the payer on the same day if the documents were received during operating hours, or on the next business day - if the documents arrived at the payer's bank after the expiration of operating hours, the remaining copies of payment requests are placed by the executing bank in card file No. 1 "Settlement documents awaiting acceptance for payment"(opens to the payer's current account).

For example, a payment request was received by the payer’s bank on March 12 with the indication “Acceptance period - 5 working days.” March 15 and 16 are days off. At given condition days set for acceptance are March 13, 14, 17, 18 and 19. The payment deadline is March 20.

The payer must give his consent to pay the payment request on the days established for acceptance. in writing on the standard acceptance form. Only upon receipt of the specified document from the payer does the executing bank pay the supplier’s payment request.

If the payer does not agree to pay the payment request, he must also submit in writing to the executing bank statement of refusal to accept(in three copies). The grounds on which the payer can refuse acceptance must be provided for in the main agreement with the supplier, it must make reference to this agreement and indicate the specific clause that provides for this reason for refusal. Based on external signs, the payer's bank must check the correctness and completeness of the client's application for refusal of acceptance, the presence of grounds for refusal, references to the number, date, clause of the contract in which this basis is provided.

In case of complete refusal to accept the payment request is withdrawn from card index No. 1 and must be returned to the issuing bank on the same day. In case of partial refusal to accept the payment request is withdrawn from card index No. 1 and paid in the amount accepted by the payer.

The payer is responsible for unjustified refusal to pay payment requests. Banks do not consider claims on the merits of refusals of acceptance. All disagreements arising between the payer and the recipient of funds are resolved in the manner prescribed by law.

If the executing bank does not receive from the payer on the days established for acceptance either a statement of acceptance of the payment request or a statement of refusal, the bank regards the payment request as unaccepted and on the next business day after the expiration of the period for acceptance, removes the payment request from card file No. 1 and returns it to the issuing bank, indicating on the back of the payment request (1st copy) the reason for its return without payment (“consent for acceptance was not received”). The currently used form of acceptance of payment requests, in which the payer notifies the bank of his consent to payment in writing, is called “positive acceptance” in domestic banking practice.