Regulation of Payment Agents and Individual Payments in Russia: A Comprehensive Legal Guide

 

September 27, 2025

BRACE Law Firm ©

 

Payment agents (the "payment acceptance operators", the "financial agents") accept payments for goods and services sold by a supplier; specifically, they receive money to satisfy the obligations of individuals to suppliers. In this capacity, the payment agent does not enter into transactions, supply goods, perform work, or provide services itself, but only ensures the acceptance and processing of the payment.

This article examines the legal regulation of payment agents, the procedure for their activities, the liability they may incur, and the legal protection available when payment systems violate current legislation or client rights.

What Regulates the Activities of Payment Agents?

Federal Law No. 103-FZ dated June 3, 2009, On the Activities of Payment Acceptance from Individuals Conducted by Payment Agents (the "Payment Agents Law"), regulates the activities of payment agents accepting payments from individuals.

This law regulates relationships arising during the activities of a payment agent accepting cash funds from a payer. These funds are intended to fulfill the monetary obligations of an individual to a supplier for the payment of goods (work, services). They may also be directed to state authorities, public authorities of a federal territory, local government authorities, and institutions under their jurisdiction within the framework of their legally established functions.

The acceptance of payments from individuals is defined as the acceptance by a payment agent from a payer of cash funds intended to fulfill monetary obligations to a supplier for goods (work, services). This includes payments for housing and communal services in accordance with the Housing Code of the Russian Federation, as well as the subsequent settlement by the payment agent with the supplier.

When accepting payments, a payment agent may charge the payer a remuneration in an amount determined by the agreement between the payment agent and the payer.

The provisions of the Payment Agents Law do not apply to relationships involving settlement activities:

• Conducted by legal entities and individual entrepreneurs during the sale of goods (performance of work, provision of services) directly to individuals, except for settlements related to the collection of remuneration provided for by this federal law;
• Between legal entities and/or individual entrepreneurs during their business activities, and/or persons engaged in private practice who are not individual entrepreneurs, which is not related to the performance of the functions of payment agents;
• In favor of foreign legal entities;
• Conducted in a non-cash form;
• Conducted in accordance with legislation on banks and banking activities.

Thus, the scope of the Payment Agents Law is strictly limited to cash settlements by individuals.

Payment Agents and Payment Acceptance Operators

A payment agent is a Russian legal entity (excluding credit institutions) or an individual entrepreneur conducting activities to accept payments from individuals. A payment agent may be either a payment acceptance operator or a payment subagent.

Credit institutions may not act as payment acceptance operators or payment subagents. They are also prohibited from concluding agreements with suppliers or payment acceptance operators to conduct activities for accepting payments from individuals.

A payment acceptance operator is a payment agent that is a legal entity whose information the Bank of Russia has entered into the register of payment acceptance operators and which concludes agreements with suppliers to conduct activities for accepting payments from individuals. As of October 3, 2025, there are 652 organizations in the register of operators. [1]

Until October 1, 2023, a provision was in effect requiring payment acceptance operators to be registered with Rosfinmonitoring (Clause 5 of Article 4 of the Payment Agents Law), the authorized body for anti-money laundering and combating the financing of terrorism. Effective October 1, 2023, this provision lost force in accordance with Federal Law No. 298-FZ dated July 10, 2023, On Amending the Federal Law On the Activities of Payment Acceptance from Individuals Conducted by Payment Agents and Certain Legislative Acts of the Russian Federation.

The Bank of Russia exercises control (supervision) over the compliance of payment agents with the requirements of the Payment Agents Law. It also monitors compliance with the requirements of Federal Law No. 115-FZ dated August 7, 2001, On Anti-Money Laundering and Combating the Financing of Terrorism, in accordance with the requirements of that law (Article 7).

There are no requirements for the equity capital or charter capital size of a payment acceptance operator. Current legislation does not require the development of internal or other specific documents by a payment acceptance operator.

Payment acceptance operators must join a self-regulatory organization (SRO) of payment acceptance operators in the manner provided by Federal Law No. 223-FZ dated July 13, 2015, On Self-Regulatory Organizations in the Financial Market Sphere, and the Bank of Russia regulations adopted accordingly. Membership must be obtained within 90 days following the occurrence of one of the following events (Article 4.1 of the Payment Agents Law):

• A non-profit organization obtains the status of an SRO for payment acceptance operators in the absence of another such SRO;
• Termination of membership in an SRO for payment acceptance operators (if an SRO exists);
• The Bank of Russia enters information about the legal entity as a payment acceptance operator into the register of payment acceptance operators (if an SRO exists).

The SRO of payment acceptance operators monitors its members' compliance with the requirements of the Payment Agents Law. This excludes requirements regarding the deposit of cash received from payers into a credit institution for full credit to a special bank account (accounts), the use of special bank accounts for settlements, and the use of KKT when accepting payments.

A payment agent (excluding federal postal organizations) may not charge remuneration when transferring payments for housing and communal services, or penalties for late or incomplete payment thereof, from individuals who require social support as categorized by the Government: [2]

• Persons over 18 years of age who are members of a large family;
• Persons receiving a pension;
• Disabled persons, combat veterans, and family members of deceased disabled war veterans, participants of the Great Patriotic War, and combat veterans.

Conditions for Accepting Payments via Payment Agents

To accept payments, a payment acceptance operator must conclude a contract with the supplier. Under this contract, the operator is entitled, in its own name or the name of the supplier and at the supplier's expense, to accept cash from payers to fulfill the monetary obligations of an individual to the supplier. The operator is also obliged to conduct subsequent settlements with the supplier, including requirements for the expenditure of cash received at the cash desk of a legal entity or individual entrepreneur.

Thus, the basis for accepting payments from individuals is the contract concluded between the payment acceptance operator (payment agent) and the legal entity (individual entrepreneur) acting as the supplier of goods (services). By its legal nature, this is an agency agreement regulated by the norms of Chapter 52 of the Civil Code of the Russian Federation (Civil Code), taking into account the specifics established by the Payment Agents Law.

A supplier, within the meaning of the Payment Agents Law, is a legal entity (excluding credit institutions) or an individual entrepreneur receiving payer funds for goods sold (work performed, services rendered), as well as legal entities or individual entrepreneurs receiving payments for housing and communal services under the Housing Code of the Russian Federation. It also includes state authorities, public authorities of federal territories, local governments, and institutions under their jurisdiction receiving payer funds within the framework of their legally established functions.

The monetary obligation of an individual to a supplier is considered fulfilled in the amount of the cash funds transferred to the payment agent (excluding remuneration) from the moment of their transfer to the agent.

The Russian Government has established a list of goods (work, services) for which a payment agent may not accept payments from individuals:[3]

• Lottery bets, except for all-Russian state lotteries;
• Payments for lottery tickets, receipts, and electronic lottery tickets certifying the right to participate in a lottery, except for all-Russian state lotteries;
• Bets for participation in gambling and funds in favor of credit institutions.

A supplier must provide information upon a payer's request regarding the payment agents accepting payments in its favor and the locations where payments are accepted. It must also provide tax authorities, upon request, with a list of such agents and information on payment locations.

The operator's fulfillment of its settlement obligations to the supplier must be secured by a penalty (liquidated damages), pledge, retention of the debtor's property, suretyship, bank guarantee, deposit, civil liability insurance for failure to settle with the supplier, or other methods provided for by the payment acceptance agreement.

The payment acceptance operator must transfer information to the supplier regarding payments accepted in its favor in the manner provided by the contract, within a period not exceeding three business days from the date of acceptance, unless the contract provides for a shorter period.

A payment acceptance operator may engage other persons — payment subagents — to accept payments that do not require the identification of the payer, their representative, beneficiary, or ultimate beneficial owner under AML/CFT legislation. Such subagent powers do not require notarization. A payment subagent may not engage other persons to accept payments. A payment subagent accepts payments in its own name or the name of the payment acceptance operator, and if specified in the contract between the operator and the supplier, also in the name of the supplier.

A payment subagent must conclude a contract with the payment acceptance operator to accept payments. Under this contract, the subagent is entitled to accept cash in its own name, the name of the operator, or the name of the supplier, at the expense of the supplier or operator. The subagent is also obliged to conduct subsequent settlements with the operator, including requirements regarding the maximum amount of cash settlements and the expenditure of cash received at the cash desk.

A payment agent must have a corresponding payment acceptance activity agreement to accept payments. It is prohibited for a legal entity or individual entrepreneur to accept cash without such an agreement.

Activities conducted by a company under an agency agreement for ticket sales on intercity routes — which include providing passenger information, making entries in vehicle logs, providing parking, and handling requests for additional services — constitute the independent business of operating a bus station. Obligations to provide these services arise between the company and the individuals who purchased tickets.

Consequently, the company cannot be recognized as a payment agent subject to the Payment Agents Law because it provides the carrier with other services beyond the mere sale of tickets.

Payment acceptance operators must maintain a list of engaged payment subagents, indicating the addresses of all payment acceptance locations, and ensure public access to this list on their official website or at payment locations.

Limits on Payment Agent Operations

When accepting cash payments in rubles or foreign currency, payment agents (subagents) must comply with requirements regarding the maximum size of cash settlements. Cash settlements may not exceed 100,000 rubles or an amount in foreign currency equivalent to 100,000 rubles at the official exchange rate of the Bank of Russia on the date of the settlement. Furthermore, payment agents or subagents are not entitled to expend cash funds in the currency of the Russian Federation.[4]

Application of Cash Register Equipment (KKT) by Payment Agents

A supplier may not conclude an agreement with a payment acceptance operator, and an operator may not conclude an agreement with a subagent, if the operator or subagent conducts cash settlements without using cash register equipment (KKT). When accepting payments, a payment agent must use KKT in accordance with Federal Law No. 54-FZ dated May 22, 2003, On the Application of Cash Register Equipment During Settlements in the Russian Federation (the "KKT Law").

Each unit of KKT must meet the following requirements (Article 4 of the KKT Law):

• Have an individual housing with a serial number applied;
• Have a real-time clock and a device for printing fiscal documents inside the housing;
• Verify the KKT registration number to ensure correct user input;
• Allow for the installation of a single fiscal storage device inside the housing;
• Transfer fiscal data to the internal fiscal storage device and generate fiscal documents;
• Exclude the possibility of generating receipts (strict accountability forms) containing more than one settlement attribute;
• Ensure the immediate transfer of fiscal documents to any fiscal data operator, including encrypted transfers and re-transmission of unsent documents;
• Ensure the printing of fiscal documents;
• Ensure the ability to print a two-dimensional barcode (QR code at least 20 x 20 mm) containing encoded verification details in a separate area of the receipt;
• Receive confirmation from the fiscal data operator's technical systems, including in encrypted form;
• Inform the user of a lack of confirmation for fiscal documents sent to tax authorities or of KKT malfunctions;
• Ensure that a tax official can print a "report on the current status of settlements" at any time;
• Ensure the ability to search for any fiscal document recorded in the fiscal storage.

At each payment location, a payment agent must provide payers with the following information:

• The address of the payment acceptance location;
• The name and address of the operator and the payment subagent (if any), as well as their tax identification numbers (INN);
• The names of the suppliers;
• Details of the contract between the operator and the supplier, and between the operator and subagent (if applicable);
• The amount of remuneration paid by the payer to the operator and subagent, if charged;
• Methods for filing claims;
• Contact phone numbers for the supplier, operator, and subagent (if any);
• The addresses of the Bank of Russia and federal executive bodies supervising the acceptance of payments from individuals.

The payment agent's obligation to use KKT cannot be termed a "service" for generating fiscal documents provided to the supplier or performed on the supplier's behalf. The agent's duty to use KKT is not a service provided to the supplier, but a statutory obligation of the agent itself. [5]

The acceptance of cash by a payment agent from a payer must be confirmed by the issuance (transmission) of a cash receipt at the moment of payment.

The cash receipt issued by the agent must comply with Article 4.7 of the KKT Law, including:

• Document name and sequential number for the shift;
• Date, time, and location (address) of the settlement;
• Name of the user organization or full name of the individual entrepreneur and taxpayer INN;
• The tax system applied and the settlement attribute;
• Name of goods/services, quantity, unit price, total cost, VAT rate, and VAT amount;
• Form of settlement (cash/non-cash) and the specific amounts;
• Position and surname of the person who conducted the settlement;
• KKT registration number and fiscal storage serial number;
• Fiscal attribute of the document and a website address for verification;
• Payer's phone or email for electronic receipts;
• Fiscal document number, shift number, and QR code.

Additional details required for receipts issued by payment agents or subagents include:

• The amount of remuneration paid by the payer to the agent or subagent;
• Contact phone numbers for the agent, supplier, operator, and subagent.

Payment agents may use payment terminals. A payment terminal is an automatic settlement device that accepts funds from a client in an automatic mode without the participation of the recipient's employee (Article 1.1 of the KKT Law).

Payment terminals must contain KKT and automatically provide for:

• Acceptance of information regarding the supplier, the product/service name, the amount deposited, and other contractually required info;
• Acceptance of cash funds;
• Printing and issuance (transmission) of cash receipts after accepting the cash.

When using KKT in a payment terminal, the following must be considered:

• The KKT must be installed inside the terminal housing or mechanically connected to it;
• A contract with a fiscal data operator is mandatory unless the terminal is in a remote area (population under 10,000);[6]
• The KKT must be registered with the tax authority (Article 5 of the KKT Law). The registration application must specify the terminal serial number and its installation address. If the address changes, the agent must notify the tax authority on the day of the change.

The use of other devices that are not payment terminals for accepting payments from individuals is prohibited.

A payment acceptance operator may not accept payments requiring individual identification under AML/CFT legislation — specifically those exceeding 15,000 rubles or an equivalent amount in foreign currency — nor may they use payment terminals for such payments.

Special Bank Accounts of Payment Agents

When accepting payments, a payment agent must use a special bank account (accounts) for settlements. The agent is obliged to deposit cash received from payers into a credit institution for full credit to this account.

A person to whom contributions for the capital repair of common property in an apartment building are paid uses a special account designated for the capital repair fund as their special bank account.

The following operations may be conducted via a payment agent's special bank account (Clause 16 of Article 4 of the Payment Agents Law):

• Crediting cash received from individuals directly by the payment agent (operator or subagent);
• Crediting funds transferred from another special bank account of the payment agent;
• Debiting funds to the special bank account of the payment agent or supplier;
• Debiting funds to regular bank accounts and debiting commission fees charged by the credit institution.

Other operations are prohibited. The funds in a payment agent's special bank account may not be seized for the agent's debts, operations may not be suspended, and no recovery may be sought against the agent's obligations (Clauses 17.1, 17.2 of Article 4 of the Payment Agents Law).

However, the Ministry of Finance of Russia has opined that credit institutions must consider AML/CFT and tax legislation (Articles 46 and 76 of the Tax Code). They may execute claims against funds belonging to the account holder, including remuneration accumulated in such accounts. [7]

Suppliers must also use special bank accounts when settling with payment agents. A supplier may not receive funds accepted by an agent into regular bank accounts. This rule does not apply to state authorities, local governments, or state-funded institutions.

The following operations are permitted for a supplier's special bank account:

• Crediting funds debited from a payment agent's special bank account;
• Debiting funds to regular bank accounts and debiting commission fees.

Other operations are prohibited.

In Case No. A72-1921/2022, the courts ruled that "the funds entering the plaintiff's special account cannot be recognized as the debtor's funds, as they include utility payments made by citizens and have a special purpose; therefore, these funds belong to the residents and cannot be used for the company's debts". [8]

In Case No. A42-11383/2018, the courts upheld a bailiff's seizure of 30% of funds received from the population for "maintenance and repair" to settle the debtor's debts. The courts noted that "the order targeted the debtor's property right to receive a specific portion (30%) of the funds", rather than the entire balance belonging to the residents. [9]

Liability of Payment Agents

Liability for non-compliance with the Payment Agents Law is provided by Articles 14.5 and 15.1 of the Code of Administrative Offenses of the Russian Federation (the "CAO RF").

Specifically, failure to use KKT entails an administrative fine on officials of 1/4 to 1/2 of the settlement amount (minimum 10,000 rubles) and on legal entities of 3/4 to 100% of the settlement amount (minimum 30,000 rubles) (Part 2 of Article 14.5 of the CAO RF).

In Case No. A83-21722/2019, the courts confirmed a violation where an entrepreneur sent an electronic receipt via a terminal that lacked mandatory fiscal attributes.[10]

Repeat violations involving settlements of 1 million rubles or more entail a 1-to-2-year disqualification for officials and a suspension of activities for up to 90 days for entities/entrepreneurs (Part 3 of Article 14.5 of the CAO RF).

Using KKT that does not meet requirements or violating registration procedures entails a fine on officials of 1,500 to 3,000 rubles and on legal entities of 5,000 to 10,000 rubles (Part 4 of Article 14.5 of the CAO RF).

In Case No. A83-15704/2019, the courts found that an entrepreneur used KKT registered at an address different from the terminal's location, constituting a violation of Part 4 of Article 14.5 of the CAO RF. [11]

Liability also arises for failure to send an electronic receipt or failure to provide a paper receipt upon request. This entails a fine of 2,000 rubles for officials and 10,000 rubles for legal entities (Part 5 of Article 14.5 of the CAO RF).

Violating the procedure for handling cash and conducting cash operations — including settlements above the limit, failure to record cash, or exceeding storage limits — entails a fine on officials of 4,000 to 5,000 rubles and on legal entities of 40,000 to 50,000 rubles (Part 1 of Article 15.1 of the CAO RF).

Failure by payment agents to deposit cash into a credit institution for full credit to a special bank account, or the non-use of such accounts, entails a fine on officials of 4,000 to 5,000 rubles and on legal entities of 40,000 to 50,000 rubles (Part 2 of Article 15.2 of the CAO RF).

In Case No. A41-12176/2020, the courts found that "the applicant used a regular bank account instead of a special bank account when settling for housing and communal services". [12]

It should be noted that a person providing services other than just payment acceptance and transfer is not considered a payment agent and cannot be held liable under Part 2 of Article 15.1 of the CAO RF for failing to use special bank accounts. [13]

The Supreme Court of the Russian Federation cited a case where a company was fined for not using a special account when selling intercity tickets. The Supreme Court ruled that "a payment agent does not participate in the service between the payer and supplier and performs no independent services other than accepting/transferring funds". Because the company also provided information services and parking, it was an independent bus station operator, not a mere payment agent. [14]

Current Russian criminal law does not recognize legal entities as subjects of crime. Therefore, legal entities (payment agents) only face civil and administrative liability.

Payment agents who are individual entrepreneurs, as well as officials of legal entities, may face criminal liability for offenses such as theft of funds, fraud, or economic crimes, including the use of forged documents or money laundering.

How a Client Can Protect Their Rights When Using a Payment Agent

To protect their rights, a client should obtain and keep a fiscal receipt, check the agent's registration (INN), and verify their presence in the Bank of Russia register.

If a payment does not reach the supplier, the client may complain to supervisory authorities (FNS, Bank of Russia) or file a lawsuit.

For violations of the Payment Agents Law, one may contact the Bank of Russia, which can issue orders to correct violations and impose fines of up to 1 million rubles or remove the operator from the register (Articles 3.6 and 7 of the Payment Agents Law).

A payment acceptance operator must monitor its subagents' compliance. Failure to comply with the law is grounds for the termination of the agreement between the supplier and the operator, or between the operator and the subagent (Article 7 of the Payment Agents Law).

Violations regarding KKT should be reported to the FNS. Failure by a payment agent to perform its duties may also lead to civil liability.

In Case No. 88-8816/2024, the courts ruled that funds must be credited to the specific period indicated in the payment document; if no period is specified, the funds are credited according to the citizen's instructions. [15]

When resolving consumer protection disputes, it must be kept in mind that, as a general rule, the manufacturer (performer, seller) is liable regardless of the participation of third parties (agents). In transactions with consumers, an agent may be an independent subject of liability under Article 37 of the Law on Consumer Protection and Clause 1 of Article 1005 of the Civil Code if it conducts settlements in its own name. In such cases, the agent's liability is limited to the amount of its remuneration, though the consumer may still seek full damages from the principal executor. [16]

In Case No. 88-6090/2023, the cassation court noted the need to determine whether the defendant acted solely as a payment agent — which would limit its liability to the amount of the remuneration (service fee) — or if the contract included broader obligations, such as an obligation to refund the full ticket price upon cancellation. [17]

In conclusion, the regulation and supervision of payment agents aim to prevent bad faith actions such as operating without a contract, failing to settle with suppliers, or delaying payment information. Despite these regulations, clients should choose agents carefully and independently verify that their funds reach the supplier.

_______________________________

References

1. Bank of Russia Website: URL https://cbr.ru/admissionfinmarket/navigator/opp/.
2. Russian Government Order No. 1059-r dated April 27, 2024, On Approving the List of Categories of Individuals Requiring Social Support and Exempt from Commission Remuneration (Remuneration) When Transferring Fees for Residential Premises and Utility Services, Penalties for Late and (or) Incomplete Payment of Fees for Residential Premises and Utility Services.
3. Russian Government Decree No. 920 dated November 15, 2010, On Approving the List of Goods (Work, Services) for Which a Payment Agent Is Not Entitled to Accept Payments from Individuals.
4. Bank of Russia Ordinance No. 5348-U dated December 9, 2019, On the Rules for Cash Settlements.
5. Letter of the FNS of Russia No. AB-4-20/11334@ dated September 6, 2023, On Services for Generating Fiscal Documents.
6. Order of the Ministry of Telecom and Mass Communications of Russia No. 616 dated December 5, 2016, On Approving the Criteria for Determining Localities Remote from Telecommunication Networks.
7. Letter of the Ministry of Finance of Russia No. 03-02-06/75185 dated August 12, 2024.
8. Resolution of the Arbitration Court of the Povolzhsky District dated February 16, 2023, in Case No. A72-1921/2022.
9. Resolution of the Arbitration Court of the North-Western District dated October 24, 2019, in Case No. A42-11383/2018.
10. Resolution of the Arbitration Court of the Central District dated February 2, 2021, in Case No. A83-21722/2019.
11. Resolution of the Arbitration Court of the Central District dated April 15, 2020, in Case No. A83-15704/2019.
12. Resolution of the Arbitration Court of the Moscow District dated April 12, 2021, in Case No. A41-12176/2020.
13. Review of Judicial Practice of the Supreme Court of the Russian Federation No. 4 (2017), approved by the Presidium of the Supreme Court of the Russian Federation on November 15, 2017.
14. Appellate Ruling of the Tyumen Regional Court dated December 25, 2023, No. 33-6816/2023.
15. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 17 dated June 28, 2012, On the Consideration by Courts of Civil Cases in Disputes on the Protection of Consumer Rights.
16. Ruling of the Ninth Court of Cassation of General Jurisdiction dated June 27, 2023, No. 88-6090/2023.