Recently, more and more citizens enjoy the payment terminals , through which you can recharge your mobile phone account , to repay the loan , pay for Internet service providers , cable television , etc. But how these operations comply with Ukrainian law ?
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National Bank of Ukraine № its Resolution 53 dated 05.03.2008 was made the right to receive payments via terminals, "banks and nonbank financial institutions licensed to transfer money ... as well as economic entities that have entered into agency agreements with the banks. " In fact, the owners of many terminals in Ukraine are not today, no banks or financial companies or even agents of banks. In the latter case, the contract with the service provider (for example, a provider of cable television) would enter into a bank, and the owner of the terminal wants to get right to the name of the bank's payments of the population, must sign with the bank agency agreement. Therefore, if the recipients of such payments enter into contracts on their admission is not with the banks, but directly - to the companies' terminalschikami " not licensed to make money transfers, they are, in fact, violate the law. To verify the legality occurring through terminals operations, require a license from the owner for money transfers a copy of the agency contract. At the same time look at the ticket terminal - It must be shown details of the bank, whose agent is the "terminalschik." How is trying to circumvent the legal requirements the owners of the terminal? The most common way - give work to receive money transfers for something else that does not require licensing and signing agent contracts. For example, you can make it appear that the terminal does not receive money transfers, but marketed electronic vouchers or codes of replenishment. However, direct refill cell phone, landline service payment, cable Television, repayment of bank loans, etc. - are certainly remittances. What is the risk to entrepreneurs engaged in reception funds from the public through the terminals, while not a financial institution or agent of the bank? First, in accordance with Article 41 of the Law of Ukraine "On the Financial Services and State Regulation of Financial Markets Services "on the markets of financial services without a license shall be punished a fine of up to 85 000 UAH. Second, if the income of the entrepreneur, carrying out financial transactions without a license, will reach the sum of one thousand non-taxable minimum incomes of citizens (in 2009 - 302 500 UAH.) he will be liable to a fine of 151 250 UAH. or restriction of liberty for up to three years (Part 2 of Art. 202 of the Criminal Code Ukraine). Third, entrepreneurs who sell recharge codes should installed on the terminals of payment transactions recorders, as required by The Law of Ukraine "On the application of payment transactions recorders in the field of trade, and catering services. "If," the seller e-vouchers "recorder is not set, it, in accordance with Part 1 of Article 17 of the Act, and threatens a fine of five times the value of sold through this terminal goods (services). In addition, Article 155 of the Code "On Administrative Offenses, "provides that officers of a business entity activity for such violations can be fined in the administrative order. But when taken in the terminals of payments as the agent bank Registrar of payment transactions is not required, that provides significant savings. From all this we may conclude that acceptance of payments through the terminals - a very promising business, if it is legally field. This approach not only provides the employer peace of mind, protecting against the unpleasant contacts with regulatory and law enforcement agencies, but also makes this work is ultimately more profitable. Today the owners of the terminal so far can not get under the described higher legal sanctions, but "this celebration will not last forever." Indeed, on the one hand, a big volume of cash going through the terminals, increase the probability of criminalization of the business. The well-known inter-governmental Organization of FATF (Financial Action Task Force) called payments via terminals one of the most risky in terms of money laundering, the types of financial services. FATF recommended to governments to tighten control over this activity. On the other hand, the growing problems with filling State budget of Ukraine will encourage the search for those businesses, at whose expense they could easily be solved on a completely legitimate. So the "legalization" of the payment terminal is for their owners urgent task.
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