What to consider from the point of view of the law when developing a site that allows its users to transfer money to each other?

Question

Law in IT

Hello. Specifically, I would like to clarify whether it is legal to do this at all, not being a bank or a payment system. Those. any user of the site will be able to transfer money to any other using the P2P transfer tool connected on the site. And what in this case will change the fact that the site will take a commission from this transfer? Thank you very much in advance.

Answer 1

In your question, in fact, an answer is required in three areas of law:
1) Is such entrepreneurial activity legal as transfers between individuals. persons without special registration. It is difficult to answer your question here, because it is not clear what kind of site. Maybe you have a crowdfunding platform, or maybe something like

we have created a universal protocol for receiving funds, which successfully combines all available payment methods - acquiring wallet, bank cards, mobile commerce, Conscience installments, I wrote about it here. Of course, they made an SDK for it and support it in different CMS. Therefore, in the solution for the example of p2p transfers, we decided to use it. This approach will allow the client to go from rare transfers and self-employment to his own company without technological changes. https://habr.com/ru/company/qiwi/blog/448292/

2) Banking legislation; for example, the status of commissions for making transfers, see if you are interested in the Decree of the Federal Antimonopoly Service of the Moscow District dated 06/18/2012 in case N A40-119481 / 11-20-488.
3) Legislation - the law itself and many by-laws, guidelines based on the Federal Law of August 7, 2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" This includes primary control - who pays and who receives, which should be carried out by all organizations and individual entrepreneurs involved in money transfers and specified in 115-FZ, and much, much more. From my point of view, this is the first thing to study.

Answer 2

For money transfers, you need to be a financial institution with the appropriate license. Transfers of virtual money (and real money, again, it is easier to transfer through a bank) with the withdrawal of the recipient in rubles already fall under the concept of money surrogates prohibited in the Russian Federation.
They correctly wrote in the comments about laundering - a couple of such operations, and you go under a criminal article.
I suspect that you are talking about some kind of exchange for selling something (goods or services), where the exchange acts as an intermediary arbiter, in this case everything is legal, but for the subtleties of the wording, it is better to contact lawyers, and not on the Internet.