Article 13. Provision of payment services The Law on Payments and Payment Systems

Home / RLA / Article 13. Provision of payment services The Law on Payments and Payment Systems

1. It is prohibited to provide payment services in the territory of the Republic of Kazakhstan without an appropriate license from the authorized body for regulation, control and supervision of the financial market and financial organizations or registration with the National Bank of the Republic of Kazakhstan.

The requirements established by the first part of this paragraph do not apply to the activities of payment agents and payment subagents, as well as payment service providers operating without a license in accordance with the laws of the Republic of Kazakhstan.

2. Payment services are provided:

1) referred to in paragraph 1 of Article 12 of this Law – by banks licensed by the authorized body for regulation, control and supervision of the financial market and financial organizations to open and maintain customer bank accounts and transfer transactions, by banks operating without a license from the authorized body for regulation, control and supervision of the financial market and financial organizations in in accordance with the laws of the Republic of Kazakhstan;

2) specified in the sub-paragraphs 2), 3), 4), 7), 8) and 9) of paragraph 1 of Article 12 of this Law, – an organization performing certain types of banking operations, with the exception of payment service providers specified in paragraphs two and three of this subparagraph, if licensed by the authorized regulatory body, control and supervision of the financial market and financial organizations for transfer transactions. At the same time:

payment services specified in subparagraph 1) of paragraph 1 of Article 12 of this Law – an organization that performs settlements on transactions with financial instruments, subject to a license from the authorized body for regulation, control and supervision of the financial market and financial organizations to open and maintain bank accounts of clients.;

payment services specified in the sub-items 2), 3), 4), 5), 6), 7), 8) and 9) of paragraph 1 of Article 12 of this Law, – by the National Postal Operator, as well as if it has a license from the authorized body for regulation, control and supervision of the financial market and financial institutions. organizations for opening and maintaining customer bank accounts – a payment service provided for in subparagraph 1) paragraph 1 of Article 12 of this Law;

3) the postal operator of the payment services specified in subparagraph 4) of paragraph 1 of Article 12 of this Law, when making postal money transfers in compliance with the conditions established by paragraph 12 of this Article.

The procedure for the provision of postal money transfer services is regulated by the Law of the Republic of Kazakhstan "On Mail";

4) a payment organization in the presence of the registration number of the account registration of payment services specified in subitems 3), 7) – 9) of paragraph 1 of Article 12 of this Law.;

5) a payment agent and a payment subagent of the payment services specified in subitems 2), 3) and 7) of paragraph 1 of Article 12 of this Law, if there is an agency agreement for the provision of payment services within the types of payment services permitted for banks, organizations engaged in certain types of banking operations, and payment organizations.

3. A payment organization has the right to carry out activities related to the provision of payment services as a payment agent of the bank or a payment subagent on the basis of an agency agreement for the provision of payment services concluded with the bank or the payment agent.

The payment organization provides the payment services provided for in subparagraph 3) paragraph 1 of Article 12 of this Law, if there is a contract with the service provider.

It is allowed for a payment organization to provide payment services for accepting payments to the budget without opening a customer's bank account if there is an agency agreement for the provision of payment services concluded with the bank and (or) an organization performing certain types of banking operations.

When providing payment services, a payment organization uses its bank account for the purpose of crediting money solely for the provision of payment services provided for in subparagraph 3) paragraph 1 of Article 12 of this Law.

In the contracts for the provision of payment services provided for in subparagraph 3) According to paragraph 1 of Article 12 of this Law, the procedure for transferring money from the bank account of a payment organization to the bank account of a service provider, the rights and obligations of the parties, as well as the procedure for remuneration of a payment organization for the provision of a payment service and the conditions for involving a payment organization in the provision of a payment service must be determined.

4. The payment service is provided on the basis of an agreement concluded between the client and the payment service provider, which must contain the following essential conditions:

1) types and general characteristics of the payment services provided;

2) the procedure and the maximum period for the provision of payment services;

3) the amount of fees and commissions charged or the indication of the Internet resource containing this information and the procedure for their collection;

4) the procedure for providing information about the payment service;

5) the procedure for protective actions against unauthorized payments;

6) the procedure for determining the exchange rate used in the provision of payment services in foreign currency;

7) conditions under which the payment service provider reserves the right to refuse to provide the payment service;

8) the procedure for regulating issues related to unauthorized payment services;

9) the client's right to terminate the contract;

10) the procedure for filing claims and resolving disputes;

11) the procedure and amounts of compensation payments for unjustified refusal to execute or improper execution of instructions.

The payment service provider may provide additional conditions necessary for the provision of payment services.

5. The payment service provider has the right to unilaterally change the terms of the agreement provided for in paragraph 4 of this Article in the direction of their improvement for the client.

The payment service provider does not have the right to unilaterally increase the fees for the provided payment services established on the date of conclusion of the agreement between the payment service provider and the client, with the exception of fees charged for international payments and (or) money transfers, for which the payment service provider notifies the client of the change in fees in accordance with the procedure and terms, stipulated by the agreement between them.

The payment service provider for a payment service provided on a one-time basis through remote access systems ensures that the client is familiar with the essential terms of the agreement in Kazakh or Russian, provided for in paragraph 4 of this article, prior to the provision of the payment service.

6. Prior to the provision of the payment service, the payment service provider ensures that the client is provided with information on the amount of the commission charged by the payment service provider in monetary terms for the payment service provided, except in cases provided for by the regulatory legal act of the National Bank of the Republic of Kazakhstan when providing payment services through remote access systems.

7. The payment service provider provides the payment service only on the basis and in accordance with the terms of the client's instructions.

It is prohibited for the payment service provider to change the terms and details of the client's instructions.

8. In order to receive payment services and information banking services, the customer has the right to use the remote access system of both the payment service provider servicing his bank account and a third-party payment service provider.

9. In order to exercise the client's rights to receive payment services and information banking services from a third-party payment service provider, the payment service provider servicing the client's bank account is obliged to provide the third-party payment service provider with access to the client's bank account and information in accordance with the requirements of the regulatory legal act of the National Bank of the Republic of Kazakhstan.

The requirement of this clause does not apply to payment service providers that service customer bank accounts and do not provide electronic banking services via an online resource.

10. The payment service provider servicing the client's bank account must transfer information about the availability, bank account number and transactions on the client's bank account to third parties upon the client's order and consent, confirmed by means of identification means.

11. It is prohibited to charge a commission for the provision of payment services from the amount of the payment and/or money transfer, except in cases where the condition for charging a commission by deducting it from the amount of the payment and/or money transfer is stipulated in the agreement between the beneficiary and the beneficiary's payment service provider. The beneficiary's payment service provider notifies the beneficiary of the amount of the accepted payment and/or money transfer and the deductions made from it.

12. The payment service provider ensures that the following conditions are met when providing the payment service:

1) conducting proper verification and identification of the client in accordance with the legislation of the Republic of Kazakhstan on countering the legalization (laundering) of proceeds from crime and the financing of terrorism;

2) the presence in the payment document on the payment and (or) transfer of money and the transfer to the participant of the payment and (or) transfer of money of the details of the sender of the money and the beneficiary provided for by the Law of the Republic of Kazakhstan "On countering the legalization (laundering) of proceeds from crime and the financing of terrorism", except in cases where the payment organization provides services provided for in subparagraphs 3) and 7) of paragraph 1 of Article 12 of this Law;

3) storing, for five years after the provision of the payment service or the closure of the client's bank account, information that identifies the sender of the money and (or) the beneficiary;

4) the security of the client's identification funds from access by third parties.

13. After the provision of the payment service (with the exception of payment card issuance services), the payment service provider submits to the client a document confirming the provision of the payment service, on paper or via a telecommunications network.

The requirements for the content of the document confirming the provision of payment services are established by the regulatory legal act of the National Bank of the Republic of Kazakhstan.

14. The payment service provider ensures the confidentiality of information obtained during the provision of payment services and does not allow its disclosure to third parties, except in cases provided for by the laws of the Republic of Kazakhstan.

When providing payment services, the payment service provider collects and processes personal data with the consent of the personal data subject, except in cases provided for by the Law of the Republic of Kazakhstan "On Personal Data and their Protection".

The payment service provider has the right to collect copies of identity documents of non-residents for the purposes provided for by this Law.

15. A payment organization is prohibited from carrying out other business activities, with the exception of the following types of activities:

1) purchase, sale, and rental of real estate;

2) advertising, marketing, consulting and information services;

3) software development, adaptation, modification, technical support;

4) purchase, sale, and property hiring of electronic terminals, other devices and equipment for processing and transmitting payment information;

5) related to the use of computing and information technology, including information technology services, services for processing and transmitting payment data, creation and use of databases and information resources;

6) logistics services and courier activities, including agency and intermediary activities in these areas;

7) creation and provision of information systems and networks security;

8) development and implementation of cryptographic information protection tools;

9) services for verifying the conformity of the public key of the electronic digital signature with the private key of the electronic digital signature, as well as confirming the authenticity of the registration certificate.

10) activity as a participant or operator of the payment system.

16. The payment service provider has the right to conclude an outsourcing agreement with third parties.

In case of outsourcing, the payment service provider notifies the National Bank of the Republic of Kazakhstan about it within fifteen working days from the date of conclusion of the outsourcing agreement.

17. Outsourcing is not allowed or is terminated in the following cases::

1) the risk of a payment service provider violating the requirements of this Law and regulatory legal acts of the National Bank of the Republic of Kazakhstan, as well as preventing the National Bank of the Republic of Kazakhstan or the authorized body for regulation, control and supervision of the financial market and financial organizations from exercising the functions of control and supervision of the payment services market;

2) if the third party does not meet the requirements necessary to ensure the provision of payment services by the payment service provider;

3) there is a contradiction between outsourcing and the conditions imposed on payment service providers to carry out payment service activities;

4) cancellation or modification by outsourcing of the conditions on the basis of which the payment service provider was granted permission to carry out activities for the provision of payment services;

5) non-fulfillment or improper fulfillment by a third party of its obligations under the outsourcing agreement.

18. The outsourcing procedure is determined by the internal rules of the payment service provider and in accordance with the outsourcing agreement.

The payment service provider bears civil liability for non-fulfillment or improper fulfillment by a third party of its obligations under the outsourcing agreement. The payment service provider, if necessary, terminates the outsourcing agreement, subject to ensuring the continuity and quality of payment services, as well as the interests of payment service recipients.

The footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 07/02/2018 No. 168-VI (effective after ten calendar days from the date of its first official publication); dated 07/03/2019 No. 262-VI (effective from 01/01/2020); dated 07/03/2020 No. 359-VI (effective after ten calendar days after the date of its first official publication); dated 12/30/2020 No. 397-VI (effective six months after the date of its first official publication); dated 11.12.2023 No. 44-VIII (effective sixty calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated July 26, 2016 No. 11-VI SAM.

This Law regulates public relations arising in the field of organization and functioning of payment systems, regulation of payment systems and supervision (oversight) of them, regulation of the payment services market and control over it, as well as the implementation of payments and (or) money transfers in the Republic of Kazakhstan.

President

Republic of Kazakhstan

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