Article 25. Payments and/or money transfers of the Law on Payments and Payment Systems

Home / RLA / Article 25. Payments and/or money transfers of the Law on Payments and Payment Systems

1. Payments are made on the basis of and in accordance with the terms of civil law transactions, the norms of the legislation of the Republic of Kazakhstan and court decisions.

2. Payments and/or money transfers are made based on or using payment instruments.

IZPI's note! The second part of paragraph 2 is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).

The forms, mandatory payment details, the procedure for the provision of electronic banking services and the application of codes of economic sectors and the purpose of payments for documents and other requirements for their content, the specifics of using electronic payment tools are established by regulatory legal acts of the National Bank of the Republic of Kazakhstan.

The information and banking details used for making payments and/or money transfers can be presented in the form of a barcode assigned by the payment service provider or the payment system operator.

The national bar code standard assigned by a payment service provider or payment system operator for making payments for goods, works or services provided in the framework of business activities is developed by the National Bank of the Republic of Kazakhstan jointly with the state body responsible for ensuring tax revenues and payments to the budget. Other standards of organizations that do not contradict the National Barcode Standard may be used to make payments using a barcode.

The National Bank of the Republic of Kazakhstan, together with the state body responsible for ensuring tax receipts and payments to the budget, establishes a minimum list of banking details used to make payments using a barcode that does not include bank secrecy.

3. Payments and (or) money transfers in the territory of the Republic of Kazakhstan are carried out both with the use of cash and without its use (non-cash payments) in the following ways:

1) Cash transfer;

2) transfer of electronic money;

3) money transfer using payment documents;

4) issuance of a payment document containing a monetary obligation or an order for the payment of money;

5) the use of electronic payment methods.

4. A payment and/or money transfer is initiated by:

1) presentation of the payment document by the initiator;

2) the holder's use of an electronic payment method;

3) depositing cash by the initiator for money transfer via electronic terminals and other devices;

4) sending consent by the initiator to make a payment, including a mobile payment, through remote access systems.

5. Cash payments consist in the physical transfer of cash in the form of banknotes and (or) coins, which are legal tender, by the person making the payment to the person to whom this person has a monetary obligation.

6. Cash payments are made to the person to whom the monetary obligation is being fulfilled, either directly or through an intermediary.

7. Non-cash payments and (or) money transfers are carried out on the basis of payment instruments using bank accounts, as well as without using them in tenge and foreign currency in accordance with the procedure established by this Law and regulatory legal acts of the National Bank of the Republic of Kazakhstan.

8. Payments and (or) money transfers carried out by legal entities, branches or representative offices of a legal entity through payment service providers are carried out only using bank accounts and (or) electronic wallets.

The first part of this paragraph does not apply to the payment by legal entities of payments to the budget, payments for public services, as well as voluntary pension contributions and social contributions.

9. Payments under a transaction, the amount of which exceeds a thousand times the monthly calculation index established by the law on the republican budget and effective on the date of payment, are made by individual entrepreneurs registered as a value-added tax payer, or by legal entities in favor of another individual entrepreneur registered as a value-added tax payer. cost, or a legal entity only in a non-cash manner.

9-1. Payments under transactions for the acquisition of shares in an apartment building under construction or a complex of individual residential buildings under agreements on equity participation in housing construction are made by wire transfer, including by depositing cash into the bank account of an authorized company, in accordance with the legislation of the Republic of Kazakhstan on equity participation in housing construction.

The basis for making payments by the sender's bank for transactions involving the acquisition of shares in an apartment building under construction or a complex of individual residential buildings under agreements on equity participation in housing construction is the existence of a registered agreement on equity participation in housing construction with an authorized company in the unified information system of equity participation in housing construction in accordance with the rules of the unified information system equity participation in housing construction.

10. Banks provide information and information about payments made and (or) money transfers related to the payment of payments to the budget, the transfer of mandatory pension contributions, mandatory employer pension contributions, mandatory occupational pension contributions and social contributions, as well as the payment of public services to government agencies and courts through the e-government payment gateway. in accordance with the procedure and deadlines established by the authorized body in the field of informatization in coordination with the National Bank of the Republic of Kazakhstan.

10-1. Excluded by the Law of the Republic of Kazakhstan dated 31.12.2021 No. 100-VII (effective from 01.01.2022).

11. Individual entrepreneurs and (or) legal entities, with the exception of those located in places where there is no public telecommunications network, are required to ensure that equipment (devices) for accepting payments using payment cards and (or) accepting payments using an instant payment system are installed and used in their places of business.

The list of individual types of activities and applications of equipment (devices) designed to accept payments using payment cards and (or) accept payments using the instant payment system is approved by the Government of the Republic of Kazakhstan.

It is allowed to participate in the instant payment system of payment organizations in cases and in accordance with the procedure determined by the National Bank of the Republic of Kazakhstan.

When making payments through the instant payment system, money is credited to the beneficiary by a payment service provider serving the beneficiary, who is a participant in the instant payment system.

Money transfer between payment service providers (final settlement) through the instant payment system is performed based on the results of clearing and is secured by money held in the National Bank of the Republic of Kazakhstan.

The requirements established by the first part of this paragraph do not apply to an individual entrepreneur and (or) a legal entity that performs monetary settlements when conducting trading operations, performing work, or providing services without using cash.

12. Money transfer in favor of the beneficiary can be carried out by a bank, an organization performing certain types of banking operations, in national or foreign currency through the use of money transfer systems.

A bank or an organization that performs certain types of banking operations must ensure that money is transferred to the beneficiary in accordance with the formats and rules of the money transfer system.

13. Payments and (or) money transfers by payment organizations are refused in cases stipulated by this Law and the laws of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" and "On Gambling".

IZPI's note! Article 25 is provided to be supplemented by paragraph 14 in accordance with the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-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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