RBI/2004-05/73 UBD.BPD(PCB)MC.No.3
/13.01.00/2003-04 July
27, 2004 Chief Executive Officers of
All Primary (Urban) Co-operative Banks Dear
Sir, Master Circular Maintenance
of Deposit Accounts Please
refer to our Master Circular UBD
BPD (PCB)MC.No.5/13.01.00/2003-04 dated March 1, 2004 on the captioned subject
(available at RBI website www.rbi.org.in).
The enclosed Master Circular consolidates and updates all the instructions/ guidelines
on the subject up to June 30,2004. 2. Please
acknowledge receipt of this Master Circular to the concerned Regional Office of
this Department. Yours
faithfully, ( S. Karuppasamy)
Chief General Manager-in-Charge Encls:
As above
Master
Circular Maintenance
of Deposit Accounts Contents 1.
Introduction 2.
Opening of Deposit Accounts 2.1
Introduction of New Depositors 2.2 Photographs of Account Holders 2.3
Address of Account Holders 2.4
Other Safeguards
3.
Restrictions on Opening Certain Types of Deposit Accounts 3.1
Minor's Account with Mother as Guardian
4.
Nomination Facilities 4.1
The Act Provisions 4.2 The Rules 4.3 Record of Nomination 4.4 Nomination
Facility for Deposit Accounts 4.5 Nomination Facility in respect of Articles
in Safe Custody 4.6
Nomination in respect of Safe Deposit Locker Accounts
5. Operations in Accounts 5.1
Joint Accounts 5.2 Monitoring Operations in New Accounts 5.3
Monitoring Operations in all Accounts 5.4
Issue of Cheque Books 5.5
Dormant Accounts 5.6 Operation of Banks Accounts by Old/Sick/ Incapacitated
Customers 5.7 Receipt of Foreign Contributions by various Associations/Organisations
in India under Foreign Contribution (Regulation) Act, 1976
6.
Deceased Constituents' Accounts 7.
Deposit Mobilisation 7.1
Deposit Collection Agents 7.2
Acceptance of Deposits by Unincorporated Bodies/Private Ltd. Companies with 'Bank
Guarantee' 7.3
Deposit Collection Schemes Floated by Private Organisations
8.
Other Aspects 8.1
Greater Co-ordination between Banking System and Income-Tax Authorities 8.2
Register for Unclaimed Deposits
9.
'Know Your Customer' (KYC) Guidelines 9.1
KYC policy in respect of new accounts 9.2 Customer identification 9.3 KYC
procedure for existing customers 9.4 Ceiling and monitoring of cash transactions 9.5
Risk Management and Monitoring Procedures 9.6 Obligation to maintain confidentiality
Master
Circular Maintenance
of Deposit Accounts -
Introduction
Acceptance
of deposits and maintenance of deposit accounts is the core activity in any bank.
The very basic legal interpretation of the word 'banking' as defined in the Banking
Regulation Act, 1949 means accepting deposits of money, for the purpose of lending
or investment, from the public, repayable on demand or otherwise, and withdrawable
by cheque, draft, order or otherwise. Thus, deposits are the major resource
and mainstay of a bank and the main objective of a bank is to mobilise adequate
deposits. Various instructions, guidelines, etc. issued from time to time to primary
(urban) co-operative banks in regard to opening and conduct/monitoring of deposit
accounts are detailed hereunder. - Opening
of Deposit Accounts
2.1 Introduction
of New Depositors
A
large number of frauds are perpetrated in banks mainly through opening of accounts
in fictitious names, irregular payment of cheques, manipulation of accounts and
unauthorised operations in accounts. Considering the fact
that opening of an account is the first entry point for any person to become a
customer of the bank, utmost vigilance in opening of accounts and operations in
the accounts is called for. Even the legal protection under the Negotiable Instruments
Act, 1881 which governs payment and collection of negotiable instruments and provides
certain rights, liabilities (obligations) and protections to the issuers/drawers,
payees, endorsees, drawees, collecting banks and paying/drawee banks, will be
available, only if the bank makes the payment or receives payment of a cheque/draft
payable to order in due course. Any payment or collection of a negotiable
instrument is deemed in due course only when the bank acts in good faith
and without negligence and does so for a customer.
2.1.1
Necessity of Introduction
- Introduction
of an account is obtained not merely as a formality to get protection under section
131 of the Negotiable Instruments Act 1881, but also to enable proper identification
of the person opening an account, so that it would be possible, to trace the person
later when required.
- It is necessary
for banks to know their customers and to put in place proper systems and procedures.
The practice of obtaining proper introduction should not be treated as a mere
formality, but as a measure of safe-guard against opening of accounts by undesirable
persons or in fictitious names with a view, inter alia, to deposit
unaccounted money.
2.1.2 Proper
Introduction
- The
account should not be normally opened without a meeting between the bank official
and the customer.
- The banks should
invariably insist upon prospective depositors to furnish introduction (from either
any of the existing account holders or a respectable member of the local community
known to the bank or the bank's staff) for opening not only current and cheque
operated savings bank accounts but also all deposit accounts including call, short-term
and fixed deposits. The banks should take steps to satisfy themselves about the
identity of their depositors.
- The role
of the introducers should be made more specific. It is not sufficient to state
that he has known the person for a sufficient length of time.
- The
person giving introduction should be of some standing and have an account with
the bank for at least six months to ensure that the accounts are not opened
on the introduction of new account holders or persons having small and marginal
balances. The interval will also enable the bank to monitor the account closely
to satisfy itself that the transactions in the introducer's account are satisfactory.
- Branch
Managers/staff members should be discouraged from giving the introduction.
- Where
the party is not able to provide an introduction satisfactorily, it must be made
incumbent upon him to provide sufficient proof of his antecedents before the account
is allowed to be opened.
- Customers
of good standing should be educated to realise the implications of introducing
an account without knowing the new parties.
- In
the case of a customer who will be getting credits, say by way of salary, and
making payments by cheques to government/ semi-government agencies/individuals,
simple introduction along with photograph, may suffice.
- In
case of accounts, which are likely to be used for putting through remittance transactions
and for collection of cheques of substantial amounts besides business payments,
deeper enquiries would be necessary on the part of the bank.
2.1.3
Introduction in Absentia - When
an introducer does not personally call at the branch to introduce an account,
the fact of having introduced a new account should be got confirmed from him in
writing.
- In cases where the account
opening forms bear 'the signatures of manager/officials of other branches of the
bank for introduction, apart from verifying the signatures of such introducers
with the specimen signatures available on record, the branch concerned should
obtain written confirmation of the introduction from the officials of the branches
who introduced the account. Till such time the confirmation is received, the banks
should not collect cheques/draft through the newly opened accounts.
- The
same procedures should be adopted in cases where the introducers of accounts are
not officials of the bank and do not personally call at the bank to introduce
an account.
- The bank should send a
letter by post both to the customer and the introducer and seek their confirmation
for opening the account/giving introduction. Cheque book may be issued after receipt
of confirmation from both.
2.2
Photographs of Account Holders
2.2.1
Mandatory Obtention of Photographs
- The
banks should obtain photographs of the depositors/account holders who are authorised
to operate the accounts at the time of opening of all new accounts. The customers'
photographs should be recent and the cost of photographs to be affixed on the
account opening forms may be borne by the customers.
- Only
one set of photographs need be obtained and separate photographs should not be
obtained for each category of deposit. The applications for different types of
deposit accounts should be properly referenced.
- Photographs
of persons authorised to operate the deposit accounts viz. S.B. and Current accounts
should be obtained. In case of other deposits viz. Fixed/Recurring, Cumulative
etc. photographs of all depositors in whose names the deposit receipt stands may
be obtained, except in the case of deposits in the name of minor, where guardians'
photographs could be obtained.
- The
banks should also obtain photographs of 'Pardanashin' Women.
- The
banks should also obtain photographs of NRE, NRO, FCNR account holders
- For
operations in the accounts, banks should not ordinarily insist on the presence
of account holder unless the circumstances so warrant. Photographs cannot be a
substitute for specimen signatures.
2.2.2
Exceptions (i) The photographs
need not be insisted upon by banks in the under noted cases:
a.
new savings bank accounts where cheque facility is
not provided; and b. fixed and other term
deposits upto an amount and inclusive of Rs. 10,000/-
(ii)
However, the banks should take usual and necessary precautions/safeguards in regard
to opening and operation of these accounts. (iii)
Where a depositor has a term deposit of less than Rs. 10,000/- but he/she is also
having a savings bank account with cheque facility or a current account, it will
be necessary to have the photograph of the depositor. (iv)
Banks, local authorities and government departments (excluding public sector undertakings
or quasi-government bodies) are exempt from the requirement of photographs. (v)
The photographs need not be obtained for borrowal accounts viz. Cash Credit. Overdrafts
accounts, etc. (vi) The banks may not
insist for photographs in case of accounts of staff members only (Single/Joint).
2.3
Address of Account Holders
It
is not proper for banks even unwittingly to allow themselves to be utilised by
unscrupulous persons for the purpose of tax evasion. Therefore, banks should obtain
full and complete address of depositors and record these in the books and the
account opening forms so that the parties could be traced without difficulty,
in case of need. Independent confirmation of the address of the account holder
should be obtained in all cases.
2.4 Other Safeguards
2.4.1
PAN/GIR Number
The
banks are required to obtain PAN/GIR number of a depositor opening an account
with an initial deposit of Rs.50,000/- and above.
2.4.2 Authorisation
The
opening of new accounts should be authorised only by the Branch Manager or by
the Officer-in-Charge of the concerned deposit accounts department at bigger branches.
2.4.3
Completion of Formalities
The
banks should ensure that all account opening formalities are undertaken at the
bank's premises and no document is allowed to be taken out for execution. Where
it is absolutely necessary to make exception of the above rule, banks may take
precaution such as deputing an officer to verify the particulars, obtaining a
signed photograph on a suitably formatted verification sheet, forwarding by registered
A.D., mailing a copy of the account opening form and accompanying instructions
to the client for necessary verification before any operations are conducted in
the accounts.
3 Restrictions on Opening OF Certain Types of Deposit Accounts 3.1
Minor's Account with Mother as Guardian 3.1.1
Generally, the banks are reluctant to open deposit account in the name of minor,
with mother as guardian. Presumably, the bank's reluctance to allow mother a guardian
when the father is alive, is based on section 6 of the Hindu Minority and Guardianship
Act, 1956 which stipulates that, during his lifetime, father alone should be the
natural guardian of a Hindu minor. 3.1.2 The
legal and practical aspects of the problem have been examined by the Reserve Bank
of India and it is felt that if the idea underlying the demand for allowing mothers
to be treated as guardians related only to the opening of fixed, recurring deposit
and savings banks accounts, there should be no difficulty in meeting/requirements,
as notwithstanding the legal provisions, such accounts could be opened by banks
provided they take adequate safeguards in allowing operations in the accounts
by ensuring that minors' account opened with mothers as guardians are not allowed
to be overdrawn and that they always remain in credit. In this way, the minor's
capacity to enter into contract would not be a subject matter of dispute. 3.1.3 Further
in cases where the amount involved is large, and if the minor is old enough to
understand the nature of the transaction, the banks could take his acceptance
also for paying out money from such account. 4.
Nomination Facilities 4.1
The Act Provisions Sections
45ZA to 45ZF of the Banking Regulation Act, 1949 (As applicable to co-operative
societies) provide, inter alia, for the following matters:
- to enable a co-operative
bank to make payment to the nominee of a deceased depositor, of the amount standing
to the credit of the depositor.
(ii) to
enable a co-operative bank to return the articles left by a deceased person in
its safe custody to his nominee, after making an inventory of the articles in
the manner directed by the Reserve Bank. (iii) to
enable a co-operative bank to release the contents of a safety locker to the nominee,
of the hirer of such locker, in the event of the death of the hirer after making
an inventory of the contents of the safety locker in the manner directed by the
Reserve Bank. 4.2 The
Rules The
Co-operative Banks (Nomination) Rules, 1985 provide for: - Nomination
forms for deposit accounts, articles kept in safe custody and the contents of
safety lockers,
- Forms
for cancellation and variation of the nomination,
- Registration
of nominations and cancellation and variation of nominations, and
- Matters
related to the above.
4.3 Record
of Nomination 4.3.1 The
Rules 2(10), 3(9) and 4(10) require a bank to register in its books the nomination,
cancellation and/or variation of the nomination. The banks should accordingly
take action to register nominations or changes therein, if any, made by their
depositor(s)hirer(s) of lockers. 4.3.2 The
banks should ensure that the nomination facilities are made available to their
customers. 4.4 Nomination
Facility for Deposit Accounts 4.4.1 Legal
Provisions The legal
provisions for nomination and payment of depositor's money to the nominee and
protection against notice of claims of the other persons are detailed in Sections
45ZA and 45ZB. 4.4.2 Nomination
Rules in respect of Deposit Accounts The
Nomination Rules in respect of Deposit Accounts provide as under:
- The nomination
to be made by the depositor or, as the case may be, all the depositors together
in respect of a deposit held by a co-operative bank to the credit of one or more
individuals.
- The
said nomination may be made only in respect of a deposit, which is held in the
individual capacity of the depositor and not in any representative capacity as
the holder of an office or otherwise.
- Where
the nominee is a minor, the depositor or, as the case may be, all the depositors
together, may, while making the nomination, appoint another individual not being
a minor, to receive the amount of the deposit on behalf of the nominee in the
event of the death of the depositor or, as the case may be, all the depositors
during the minority of the nominee.
- In
the case of a deposit made in the name of a minor, the nomination shall be made
by a person-lawfully entitled to act on behalf of the minor. .
- The
cancellation of the said nomination to be made by the depositor or, as the case
may be, all the depositors together.
- A
variation of the said nomination to be made by the depositor or, as the case may
be, all the depositors together.
- The
said nomination shall be made in favour of only one individual.
- A
nomination, cancellation of nomination or variation of nomination may be made
as aforesaid at any time during which the deposit is held by a co-operative bank
to the credit of the depositor or depositors, as the case may be.
- In
the case of a deposit held to the credit of more than one depositor, the cancellation
or variation of a nomination shall not be valid unless it is made by all the depositors
surviving at the time of the cancellation or variation of the nomination.
- The
co-operative bank shall acknowledge in writing, to the concerned depositor or
depositors the filing of the relevant duly completed Form of nomination or cancellation
of nomination or variation of nomination, as the case may be, in respect of a
deposit.
- The
relevant duly completed Form of nomination or cancellation of nomination or variation
of nomination filed with the co-operative bank shall be registered in the books
of the co-operative bank.
- A
nomination or cancellation of nomination or variation of nomination shall not
cease to be in force merely by reason of the renewal of the deposit.
4.4.3
Operational Instructions -
Nomination facility should be made available to all types of deposit accounts
irrespective of the nomenclature used by different banks.
-
Unless the customer prefers not to nominate, (this may be recorded, without giving
scope for conjecture of non-compliance) nomination should be a rule, to cover
all existing and new accounts.
- Nomination
facility is available for saving bank accounts opened for credit of pension. However,
Co-operative Societies (Nomination) Rules, 1985, are distinct from the Arrears
of Pension (Nomination) Rules, 1983, and the nomination exercised by the pensioner
under the latter Rules for receipt of arrears of pension will not be valid for
the purpose of deposit accounts held by the pensioners with banks for which a
separate nomination is necessary in terms of Co-operative Societies (Nomination)
Rules, 1985, in case a pensioner desires to avail of nomination facility.
- In addition to obtaining nomination form, banks may provide for mentioning name
and address of the nominee in the account opening form. Publicity about nomination
facility is needed, including printing compatible message on chequebook, passbook
and any other literature reaching the customer as well as launching periodical
drives to popularise the facility.
- In
case of joint deposits, after the death of one of the depositors, the banks may
allow variation/cancellation of a subsisting nomination by other surviving depositor
(s) acting together. This is also applicable to deposits having operating instructions
'either or survivor'. It may be noted that in the case of a joint deposit
account, the nominee’s right arises only after the death of all the depositors.
- The
banks may introduce a practice of recording on the face of the pass book the position
regarding availment of nomination facility with the legend ‘Nomination Registered’.
This may be done in the case of term deposit receipts also.
4.5 Nomination
Facility in respect of Articles in Safe Custody 4.5.1 Legal
Provisions The legal
provisions providing for nomination and return of articles kept in safe custody
to the nominee and protection against notice of claims of other persons are detailed
in Sections 45ZC and 45ZD. 4.5.2 Nomination
Rules in respect of Articles in Safe Custody The
Nomination Rules in respect of articles kept in safe custody provides as under:
(a) The nomination to be
made by an individual (hereinafter referred to as the 'depositor') in
respect of articles left in safe custody with a co-operative bank.
(b) Where
the nominee is minor, the depositor may, while making the nomination, appoint
another individual not being a minor, to receive the said articles on behalf of
the nominee in the event of the death of the depositor during the minority of
the nominee. ( c) Where
the articles are left in safe custody with a co-operative bank in the name of
a minor, the nomination shall be made by a person lawfully entitled to act on
behalf of the minor. (d) The
nomination should be made in favour of only one individual. (e) A
nomination, cancellation of nomination or variation of nomination may be made
by the depositor at any time during which the articles so deposited are held in
safe custody by the co-operative bank. (f) The
co-operative bank should acknowledge in writing, to the depositor, the filing
of the relevant duly completed Form of nomination or cancellation of nomination
or variation of nomination, as the case may be, in respect of the articles so
deposited. (g) The
duly completed Form of nomination or cancellation of nomination or variation of
nomination filed with the co-operative bank should be registered in the books
of the co-operative bank. 4.5.3 Operational
Instructions - Nomination
facilities are available only in the case of individual depositors and not in
respect of persons jointly depositing articles for safe custody.
- While
returning articles kept in safe custody to the nominee or nominees and surviving
hirers, banks are not required to open sealed/closed packets left with them for
safe custody while releasing them.
- In
the matter of returning articles left in safe custody by the deceased depositor
to the nominee, the Reserve Bank of India, in pursuance of sections 45ZC(3) and
45ZE(4), read with section 56, of the Banking Regulation Act, 1949, has specified
the formats for the purpose.
- In
order to ensure that the articles left in safe custody are returned to the genuine
nominee, as also to verify the proof of death, co-operative banks may devise their
own claim formats or follow the procedure, if any, suggested for the purpose either
by their own federation/association or by the Indian Banks Association. As regards
proof of death of depositor, the IBA has advised its member banks to follow the
procedures as prevalent in banks viz. production of the death certificate or any
other satisfactory mode of proof of death.
4.6
Nomination in respect of Safe Deposit Locker Accounts
4.6.1
Legal Provisions
The
legal provisions providing for nomination and release of contents of safety lockers
to the nominee and protection against notice of claims of other persons are detailed
in Sections 45ZE and 45ZF of the Act ibid.
4.6.2
The Nomination Rules in respect of Safety Locker
The Nomination Rules in respect of Safety Lockers provide as under:
a.
Where the locker is hired from a co-operative bank by two or more individuals
jointly, the nomination to be made by such hirers. b.
In the case of a sole hirer of a locker, nomination shall be made in favour of
only one individual c. Where the locker
is hired in the name of a minor, the nomination shall be made by a person lawfully
entitled to act on behalf of the minor. d. The
cancellation of the said nomination to be made by the sole hirer or, as the case
may be, joint hirers of a locker. e. A variation
of the said nomination to be made by the sole hirer of a locker. f. A
variation of the said nomination to be made by the joint hirers of a locker. g.
A nomination, cancellation of nomination or
variation of nomination may be made as aforesaid at any time during which the
locker is under hire. h. A co-operative
bank shall acknowledge in writing to the sole hirer or joint hirers, the filling
of the relevant duly completed Form of nomination or cancellation of nomination
or variation of nomination, as the case may be, in respect of the locker so hired. i.
The relevant duly completed Form of nomination
or cancellation of nomination or variation of nomination filed with the co-operative
bank shall be registered in the books of the co-operative bank.
4.6.3
Operational Instructions (i) In
the matter of allowing the nominee(s) to have access to the locker and permitting
him/them to remove the contents of the locker, the Reserve Bank of India, in pursuance
of sections 45ZC(3) and 45ZE (4), read with section 56, of the Banking Regulation
Act, 1949, has specified the Formats for Banking Regulation Act, 1949. (ii)
In order to ensure that the amount of deposits, articles left in safe custody
and contents of lockers are returned to the genuine nominee, banks may take action
as indicated in para 4.5.3 (iv) above.(iii)
While releasing contents of lockers to the nominee or nominees and surviving hirers,
banks are not required to open sealed/closed packets found in locker. (iv)
As regards locker hired jointly, on the death of any one of the joint hirers,
the contents of the locker are only allowed to be removed (jointly by the nominee
and the survivors) after an inventory is taken in the prescribed manner. In such
a case, after such removal preceded by an inventory, the nominee and surviving
hirer(s) may still keep the entire contents with the same bank, if they so desire
by entering into a fresh contract of hiring a locker. (v)
Section 45ZE, read with section 56, of the Banking Regulation Act, 1949, does
not preclude a minor from being a nominee for obtaining delivery of the contents
of a locker. However, the responsibility of the banks in such cases is to ensure
that when the contents of a locker are sought to be removed on behalf of the minor
nominee, the articles are handed over to a person who, in law, is competent to
receive the articles on behalf of the minor.
5 Operations
in Accounts 5.1 Joint
Accounts 5.1.1 Modes
of Operations in Joint Accounts A
copy of the letter No. LA.C/19-96-29 dated 28 August 1980, received from the Indian
Banks’ Association, Bombay is given in the Annexure I. Banks may consider
the desirability of issuing suitable instructions to their branches for their
information and necessary guidance on the subject. 5.1.2
Precautions in Opening Joint Accounts (i)
In the case of too many joint account holders, the banks should keep the following
guidelines in view, while opening joint accounts and permitting operations thereon:
- While there are
no restrictions on the number of account holders in a joint account, it is incumbent
upon the banks to examine, every request for opening joint accounts very carefully.
In particular, the purpose, nature of business handled by the parties and other
relevant aspects relating to the business, and the financial position of the account
holders, need to be looked into before opening such accounts. Care has also to
be exercised when the number of account holders is large.
- The
account payee cheques payable to third parties should not be collected.
- Cheques
that are 'crossed generally' and payable to 'order' should be collected
only on proper endorsement by the payee.
- Care
should be exercised in collection of cheques for large amounts.
- The
transactions put through in joint accounts should be scrutinised by the banks
periodically and action taken as may be appropriate in the matter. Care should
be exercised to ensure that the joint accounts are not used for benami transactions.
(ii)
The internal control and vigilance machinery should be tightened to cover the
above aspects relating to the opening and operation of joint accounts.
5.2 Monitoring
Operations in New Accounts 5.2.1 A
system of maintaining a close watch over the operations in new accounts should
be introduced. While at branches, primarily the responsibility for monitoring
newly opened accounts would rest with the in-charges of the concerned Department/Section,
the Branch Managers or the Managers of Deposit Accounts Department at larger branches
should at least for the first six months, from the date of opening of such
accounts, keep a close watch, so as to guard against fraudulent or doubtful transactions
taking place therein. If any transaction of suspicious nature is revealed, banks
should enquire about the transaction from the account
holder, and if no convincing explanation is forthcoming, they should consider
reporting such transactions to the appropriate investigating agencies.
5.2.2
Caution should be exercised whenever cheques/ drafts for large amounts are presented
for collection, or Telegraphic Transfers (TTs)/Mail Transfers (MTs) are received
for credit of new accounts immediately/within a short period after opening of
account. In such cases, genuineness of the instruments and the account holder
should be thoroughly verified. If necessary the paying bank should check with
the collecting bank about the genuineness of any large value cheques/drafts issued.
Demand Drafts (DDs)/Cheques for large amounts presented for collection should
be verified under ultra violet lamps to safe guard against chemical alterations.
5.3 Monitoring
Operations in all Accounts 5.3.1
A system of close monitoring of cash withdrawal for large amounts should be put
in place. Where third party cheques, drafts, etc. are deposited in the existing
and newly opened accounts followed by cash withdrawals for large amounts, the
banks should keep a proper vigil over the requests of their clients for such cash
withdrawals for large amounts.
5.3.2 The
banks should introduce a system of closely monitoring cash deposits and withdrawals
for Rs. 5 lakh and above not only in deposit accounts but also in all other accounts
like cash credit/overdraft etc. The banks/branches should also maintain a separate
register to record details of individual cash deposits and withdrawals for Rs.
5 lakh and above. The details recorded should include, in the case of deposits,
the name of the account holder, account number, amount deposited and in the case
of withdrawals, the name of the account holder, account number, amount of withdrawal
and name of the beneficiary of the cheque. Further, any cash deposits or withdrawals
of Rs. 5 lakh and above should be reported by the Branch Manager to the Head Office
on a fortnightly basis along with full particulars, such as name of the account
holder, account number, date of opening the account, etc. On receipt of these
statements from branches, the Head Office should immediately scrutinise the details
thereof and have the transactions looked into by deputing officials, if the transactions
prima facie appear to be dubious or giving rise to suspicion. The inspecting officials
from the Reserve Bank of India during the course of their inspections will also
be looking into the statements submitted by the branches. 5.3.3
The other important areas in the payment of cheques wherein due caution need to
be exercised are verification of drawer's signature, custody of specimen signature
cards, supervision over issue of cheque books and control over custody of blank
cheque books/leaves. While need for examining cheques for large amounts under
Ultra Violet Ray Lamps is recognised by all banks, in practice it is rarely done
as there is often a tendency to be lax in the matter resulting in avoidable loss.
In addition, due care should be exercised in regard to issue and custody of
tokens, movement of cheques tendered across the counter
and custody of all instruments after they are paid by the banks. Depositors/ Customers
should be asked to surrender unused cheque books before closing/transferring the
accounts. Also safe custody of specimen signature cards is of utmost importance,
especially when operating instructions are changed, the change should be duly
verified by a senior official in the branch.
5.4
Issue of Cheque Books
Fresh
cheque books should be issued only against production of duly signed requisition
slips from previous cheque book issued to the party. In case the cheque book is
issued against a requisition letter, the drawer should be asked to come personally
to the bank or cheque book should be sent to him under registered post directly
without being delivered to the bearer. Loose cheques should be issued to account
holder only when they come personally with a requisition letter and on production
of passbooks. 5.5
Dormant Accounts The
accounts which have not been operated upon over a period two years should be segregated
and maintained in separate ledgers. The relative ledger(s) and the specimen signature
cards should be held under the custody of the Manager or one of the senior officials.
The first withdrawal in such segregated accounts should be allowed only with the
approval of the Manager. 5.6
Operation of Banks Accounts by Old/Sick/Incapacitated Customers 5.6.1 In
order to facilitate old/sick/incapacitated bank customers to operate their bank
accounts, procedure as laid down in para 5.6.2 below may be followed. The cases
of sick/old/incapacitated account holders fall into the following categories:
- an account holder
who is too ill to sign a cheque/cannot be physically present in the bank to withdraw
money from his bank account but can put his/her thumb impression on the cheque/withdrawal
form, and
- an
account holder who is not only unable to be physically present in the bank but
is also not even able to put his/her thumb impression on the cheque/withdrawal
form due to certain physical defect/incapacity.
5.6.2 The
banks may follow the procedure as under:
- Wherever thumb
or toe impression of the sick/old/incapacitated account holder is obtained, it
should be identified by two independent witnesses known to the bank, one of whom
should be a responsible bank official.
- Where
the customer cannot even put his/her thumb impression and also would not be able
to be physically present in the bank, a mark obtained on the cheque/withdrawal
form which should be identified by two independent witnesses, one of whom should
be a responsible bank official.
5.6.3
In such cases, the customer may be asked to indicate to the bank as to who would
withdraw the amount from the bank on the basis of cheque/withdrawal form as obtained
above and that person should be identified by two independent witnesses. The person
who would be actually drawing the money from the bank should be asked to furnish
his signature to the bank. 5.6.4
In this context, according to an opinion obtained by the Indian Banks' Association
from their consultant on the question of opening of a bank account of a person
who had lost both his hands and could not sign the cheque/withdrawal form, there
must be physical contact between the person who is to sign and the signature or
the mark put on the document. Therefore, in the case of the person who has lost
both his hands, the signature can be by means of a mark. This mark can be placed
by the person in any manner. It could be the toe impression, as suggested. It
can be by means of mark which anybody can put on behalf of the person who has
to sign, the mark being put by an instrument which has had a physical contact
with the person who has to sign.
5.7
Receipt of Foreign Contributions by various Associations/Organisations
in India under Foreign Contribution (Regulation) Act, 1976 5.7.1
The Foreign Contribution (Regulation) Act, requires that the associations having
a definite cultural, economic, educational, religious and social programme and
receiving foreign contribution should get themselves registered with the Ministry
of Home Affairs, Government of India and receive foreign contribution only through
such one of the branches of a bank, as an association may specify in its application
for registration with the Ministry of Home Affairs.
5.7.2 Further, the said Act provides
that every association referred to in sub-section (1) of Section (6) may, if it
is not registered with the Central Government, accept any foreign contribution
only after obtaining prior permission of the Central Government.
5.7.3 There are also certain organisations of a political nature, not being political
parties (including their branches/units) specified by the Central Government under
Section 5(l) of the Act. These organisations require prior Permission of the Central
Government for accepting any foreign contribution.
In this regard, the banks should take
the following precautions:
- To afford credit
of the proceeds of cheques/drafts representing foreign contribution only if the
association is registered with the Ministry of Home Affairs, Government of India.
- To
insist on production of a communication from the Ministry of Home Affairs conveying
prior permission of the Central Government for acceptance of specific amount of
foreign contribution in case the association is not registered under the Foreign
Contribution (Regulation) Act, 1976.
- Not
to afford credit to the account of such associations as are not registered with
the Ministry of Home Affairs separately for the purpose of accepting foreign contribution
under the Foreign Contribution (Regulation) Act, 1976.
- Not
to afford credit to the account of such associations as have been directed to
receive foreign contributions only after obtaining prior permission of the Central
Government.
- Not to allow the credit
of the proceeds of the cheques/demand drafts etc. to the organisations of a political
nature, not being political parties (including their branches and units) unless
a letter containing the prior permission of the Central Government under the Foreign
Contribution (Regulation) Act, 1976 is produced by such organisations.
- To
note the registration number as conveyed by the Ministry of Home Affairs to the
various associations in the relevant records particularly the pages of the ledgers
in which the foreign contribution accounts of associations are maintained to ensure
that no unwanted harassment is caused to such associations.
- In
case any cheque/demand draft has been tendered to the bank for realisation of
its proceeds and credit to the account of the association/organisation by an association
or organisation which is not registered or which requires prior permission, as
the case may be, the concerned branch of the bank may approach the Ministry of
Home Affairs for further instructions. In no case the banks should credit the
account of association/organisation of a political nature, not being a political
party, as specified by the Central Government and of an unregistered association,
unless the association/ organisation produces a letter of the Ministry of Home
Affairs conveying permission of the Central Government to accept the foreign contribution.
- Where
prior permission has been granted such permission is to accept only the specific
amount of the foreign contribution which would be mentioned in the relevant letter.
The Ministry of Home Affairs is invariably endorsing a copy of the order of registration
or prior permission for each association/organisation to the concerned branch
of the bank through which the foreign contributions are to be received for credit
to the Associations/ Organisations deposit account.
5.7.4
For the above purpose, appropriate systems may be devised within the bank to ensure
meticulous compliance with these instructions and completely eliminate instances
of non-compliance. The system so devised may be intimated to all the branches
of the bank for proper implementation and strict compliance and the same should
be effectively monitored at Head Office level. 5.7.5
Further, banks are also required to submit a return furnishing details of the
foreign contributions credited to the accounts of associations/ organisations
on a half yearly basis for the period ending 30th September and 31st March every
year as per the format given in the Annexure II to Government of India,
Ministry of Home Affairs within a period of two months from the close of half
year. To facilitate timely submission of half yearly returns to the Government,
the banks may designate a 'Nodal Officer' at the Head Office who should be responsible
for ensuring accurate and timely submission of returns. 5.7.6
Non-adherence to these instructions will tantamount to violation of the provisions
of the said Act. Even non-submission of the prescribed return in time to the Government
of India would be viewed very seriously. 6.
Deceased ConstItuents' Accounts - The
primary (urban) co-operative banks should not insist on production of succession
certificate from the legal heirs irrespective of the amount involved. However,
the banks may call for succession certificates from the legal heirs of the deceased
depositors where there are disputes and all legal heirs do not join in indemnifying
the banks or in certain other exceptional cases where the bank has a reasonable
doubt about the genuineness of the claimant/s being the only legal heir/s of the
depositor.
- The banks should
adopt such safeguards while settling claims as they consider appropriate including
taking of indemnity bond
7
Deposit Mobilisation 7.1 Deposit
Collection Agents 7.1.1 Banks
are prohibited from paying brokerage on deposits in any form to any individual,
firm, company, association, institution or any other person. 7.1.2
Banks should not employ/engage outside persons even through firms/companies for
collection of deposits including Non-Resident deposits or for selling any other
deposit linked products on payment of fees/commission in any form or manner, except
to the extent permitted vide RBI Interest Rate Directives. 7.2
Acceptance of Deposits by Unincorporated Bodies/Private Ltd. Companies with
'Bank Guarantee' Banks
should not accept deposits at the instance of private financiers or unincorporated
bodies under any arrangement, which provides for either the issue of deposit receipts
favouring the clients of private financiers or giving of an authority by power
of attorney, nomination otherwise for such clients receiving such deposits at
maturity. 7.3
Deposit Collection Schemes Floated by Private Organisations It
may be noted that the Prize Chits and Money Circulation Schemes (Banning) Act,
1978 (No. 43 of 1978) imposes a total ban on the promotion and conduct of prize
chit scheme except by charitable and educational institutions notified in that
behalf by the State Governments concerned. The lottery falls within the expression
'prize chit' under the Act referred to above. Further, sale of lottery tickets
on bank counters could be open to abuse and avoidable complaints from members
of public. Therefore, the banks should not associate
themselves directly or indirectly with lottery schemes of organisations of any
description. 8
Other Aspects 8.1
Greater Co-ordination between Banking System and Income-Tax Authorities 8.1.1 Safe
Deposit Lockers In
order to facilitate the identification of locker keys by the Income-tax officials,
the banks should emboss on all locker keys an identification code which would
indicate the bank and the branch which had hired the lockers. 8.1.2
Co-ordination with Officers of Central Board of Direct Taxes There
is a need for greater co-ordination between the Income Tax Department and the
banking system. As such, the banks may ensure that they extend necessary help/co-ordination
to tax officials whenever required. Further, the banks will have to view with
serious concern cases where their staff connives/assists in any manner with offences
punishable under the Income Tax Act. In such cases, in addition to the normal
criminal action, such staff member should also be proceeded against departmentally. 8.2
Register for Unclaimed Deposits 8.2.1 The
banks are required to submit to the Reserve Bank, a return in Form VIII showing
unclaimed deposit accounts in India which have not been operated upon for 10 years
or more, as at the end of each calendar year. In order to ensure accuracy and
timely reporting, it is desirable to maintain a separate register for this purpose
at all the branches of each bank. 8.2.2
The banks should, therefore, advise their branches to maintain a register for
unclaimed deposits in a separate register. 8.2.3
The branches may also be advised that entries therein may be made in respect of
deposit accounts not operated upon for 10 year. A separate folio may be opened
in the register for different types of deposit accounts. 8.2.4
The branches should ensure to note in the folio in which the relative unclaimed
deposit account is maintained, that the unclaimed deposits register should be
referred to before allowing operations in the account, so as to caution the bank
not to allow operations on such accounts in the usual course but to do so after
obtaining the authorisation of a higher official.
9.
'Know Your Customer' (KYC) guidelines
As part of 'Know Your Customer' (KYC) principle,
Reserve Bank has issued several guidelines relating to identification of depositors
and advised the banks to put in place systems and procedures to prevent financial
frauds, identify money laundering and suspicious activities, and for scrutiny/monitoring
of large value cash transactions. Instructions have also been issued from time
to time advising banks to be vigilant while opening accounts for new customers
to prevent misuse of the banking system for perpetration of frauds. The following
guidelines reinforce instructions on the subject with a view to safeguarding banks
from being unwittingly used for the transfer or deposit of funds derived from
criminal activity (both in respect of deposit and borrowal accounts), or for financing
of terrorism. The guidelines are also applicable to foreign currency accounts/transactions.
9.1 KYC Policy in respect
of new accounts The following KYC
guidelines will be applicable to all new accounts. - KYC
procedure should be the key principle for identification of an individual/corporate
opening an account. The customer identification should entail verification through
an introductory reference from an existing account holder/a person known to the
bank or on the basis of documents provided by the customer.
- The
Board of Directors of the banks should put in place adequate policies that establish
procedures to verify the bona-fide identification of individual/ corporates opening
an account. The Board should also have in place policies that establish processes
and procedures to monitor transactions of suspicious nature in accounts and have
systems of conducting due diligence and reporting of such transactions.
9.2
Customer identification (i)
The objectives of the KYC framework should be two fold (a) to ensure appropriate
customer identification and (b) to monitor transactions of a suspicious nature.
Banks should obtain all information necessary to establish the identity/legal
existence of each new customer, based preferably on disclosures by customers themselves.
Typically easy means of establishing identity would be documents such as passport,
driving license etc. However where such documents are not available, verification
by existing account holders or introduction by a person known to the bank may
suffice. It should be ensured that the procedure adopted does not lead to denial
of access to the general public for banking services. (ii)
A reference is also invited to the Report on Anti Money Laundering Guidelines
for Banks in India prepared by a Working Group, set up by IBA. It may be seen
that the IBA Working Group has made several recommendations for strengthening
KYC norms with anti money laundering focus and has also suggested formats for
customer profile, account opening procedures, establishing relationship with specific
categories of customers, as well as an illustrative list of suspicious activities. 9.3
(KYC) procedures for existing customers Banks
should verify the compliance in regard to KYC procedure for the existing customers
based on the instructions extant at that time. For this purpose banks should draw
up a time bound action plan, as indicated below, for completing the exercise to
ensure verification of the identity and address of the customers on the basis
of reliable documents, in respect of all the old accounts. In case of partnership
firms, KYC procedure may be applied to all the partners.
S.N. |
Nature of customer accounts | Prescribed
date for completion of process |
1. |
All accounts, of companies, firms,
trusts, institutions etc. including borrowal accounts. |
June 30, 2004 |
2. | All
customer accounts, including borrowal accounts, opened during the period from
January 1, 1998 till date (other than those included in category 1 above) |
September 30, 2004 |
3. | All
customer accounts, including borrowal accounts, opened between January 1, 1993
and December 31, 1997 (other than those included in category 1 above)
|
December 31,2004 |
4. | All
customer accounts including borrowal accounts, opened before 1st January 1993
(other than those included in category 1 above)
|
March 31, 2005 | An
inoperative account should be subjected to the KYC procedures as and when any
transaction comes up and it is sought to be transferred to the operative category. Banks
may advise their branches suitably in this regard and are required to submit compliance
report to the concerned Regional Office of this department within one month of
each of the prescribed dates for completion of the process indicated above. Such
compliance reports should also be put up to the Audit Committee of the Board on
a quarterly basis. 9.4
Ceiling and monitoring of cash transactions
The extant RBI guidelines on the subject are as under :
(i) Banks are required to issue travellers
cheques, demand drafts, mail transfers, and telegraphic transfers for Rs.50,000
and above only by debit to customers' accounts or against cheques and not against
cash. Since KYC is now expected to establish the identity of the customer and
as the issue of demand draft etc. for Rs. 50,000 and above is by debit to account,
the requirement for furnishing PAN stands increased uniformly to Rs. 50,000.
(ii) The
banks are required to keep a close watch of cash withdrawals and deposits for
Rs.5 lakh and above in deposit, cash credit or overdraft accounts and keep record
of details of these large cash transactions in a separate register and report
such transactions as well as transaction of suspicious nature with full details
in fortnightly statements to their Head Office. The Head Office should immediately
scrutinise the same and, if necessary, have them looked into by deputing officials.
9.5. Risk Management and Monitoring
Procedures In
order to check possible abuse of banking channels for illegal and anti-national
activities, the Board should clearly lay down a policy for adherence to the above
requirements comprising the following :
(i) Internal
Control Systems Duties
and responsibilities should be explicitly allocated for ensuring that policies
and procedures are managed effectively and that there is full commitment and compliance
to an effective KYC programme in respect of both existing and prospective deposit
accounts. Controlling offices of banks should periodically monitor strict adherence
to the laid down policies and procedures by the officials at the branch level.
(ii)
Terrorism Finance
RBI
has been circulating list of terrorist entities notified by the Government of
India to banks so that banks may exercise caution if any transaction is detected
with such entities. There should be a system at the branch level to ensure that
such lists are consulted in order to determine whether a person/organization involved
in a prospective or existing business relationship appears on such a list.
(iii) Internal Audit/Inspection
(a)
An independent evaluation of the controls for identifying high value transactions
should be carried out at a regular basis by the internal audit function in the
banks. (b)
Concurrent /internal auditors must specifically scrutinize and comment on the
effectiveness of the measures taken by branches in adoption of KYC norms and steps
towards prevention of money laundering. Such compliance report should be placed
before the Audit Committee of the Board (ACB) at quarterly intervals.
(iv) Identification
and Reporting of Suspicious Transactions Banks
should ensure that the branches and Head Offices report transactions of suspicious
nature to the appropriate law enforcement authorities designated under the relevant
laws governing such activities. There should be well laid down systems for freezing
of accounts as directed by such authority and reporting thereof to the HO. There
must be a quarterly reporting of such aspects and action taken thereon to the
ACB or the Board of Directors. (v) Adherence
to Foreign Contribution Regulation Act (FCRA), 1976 Banks
should adhere to the instructions on the provisions of the Foreign Contribution
Regulation Act 1976, cautioning them to open accounts or collect cheques only
in favour of associations which are registered under the Act ibid by Government
of India. A certificate to the effect that the association is registered with
the Government of India should be obtained from the concerned associations at
the time of opening of the account or collection of cheques. Branches
should be advised to exercise due care to ensure compliance and desist from opening
accounts in the name of banned organizations and those without requisite registration.
(vi)
Record Keeping
Banks
should prepare and maintain documentation on their customer relationships and
transactions to meet the requirements of relevant laws and regulations, to enable
any transaction effected through them to be reconstructed. In the case of wire
transfer transactions, the records of electronic payments and messages must be
treated in the same way as other records in support of entries in the account.
All financial transactions records should be retained for at least five years
after the transaction has taken place and should be available for perusal and
scrutiny of audit functionaries as well as regulators as and when required.
(vii)
Training of Staff and Management It
is crucial that all the operating and management staff fully understand the need
for strict adherence to KYC norms. Banks must, therefore, have an ongoing training
programme so that staff are adequately trained for their roles and responsibilities
as appropriate to their hierarchical level in complying with anti-money laundering
guidelines and for implementing KYC policies consistently.
9.6
Obligation to Maintain Confidentiality
Personal information collected by the banks in respect of their customers, while
complying with the KYC guidelines, should not be used for cross selling of services
of various products by the banks. Similarly such information should also not be
provided to other agencies, as it would amount to breach of customer confidentiality
obligations. Banks should advise their branches to ensure strict compliance in
this regard. Whenever banks desire to collect any information about the customer
for a purpose other than KYC requirements, it should not form part of the account
opening form. Such information may be collected purely on a voluntary basis, after
explaining the objectives to the customer and taking his express approval for
specific uses to which such information could be put. Banks should get their existing
practices examined by the Board / Administrator and issue suitable instructions
to their branches to ensure compliance.
Annexure
1 Master
Circular Maintenance
of Deposit Accounts Joint Accounts – ‘Either
or Surviver’, ‘Latter or Survivor’ ‘Former
or Survivor’, etc. {Ref.Para
5.1.1 (i)} LAC/19-96-29
28 August 1980
Chief Executives of all
member banks Dear Sirs, Joint
Accounts ‘Either or Survivor’, Latter
or Survivor’ ‘Former or Survivor’ etc. In
the recent past, several letters have appeared in the press highlighting the difficulties
experienced by the joint holders of Savings Bank or Term Deposit accounts, especially
in regard to payment before maturity or in the settlement of claims when one of
the account holders dies. There appears to be some confusion and misunderstanding
about the procedure to be followed in respect of such accounts and the legal implications
of the expressions ‘Either or Survivor’, ‘Latter of Survivor’, ‘Former or Survivor’
etc. 2. Joint
Accounts In the
case of joint accounts (current Savings or Deposits) in the names of two or more
persons, the terms relating to which do not provide for payment of the amount
due under the account to the Survivor(s) in the event of death of one of them,
for the banks to obtain a valid discharge payment should be made jointly to Survivor(s)
and the legal heirs of the deceased joint account holder. In such a case, in view
of the difficulty in ascertaining with certainty as to who the legal heirs of
the deceased are, it is the practice of the banks to insist on the production
of legal, representation (to the estate of the deceased) before settling the claim.
As obtaining a grant of legal representation would entail delay and expenses,
banks should encourage the opening of joint accounts on terms such as, payable
to (a) Either or Survivor, (b) Former/Latter or Survivor, (c) Anyone or Survivors,
or Survivor, etc. This point has been emphasised in the Recommendation NO. 6 of
the Working Group on Customer Service in banks. 3. Benefits
of Survivorship If
the benefit of survivorship is provided, the survivor can give a valid discharge
to the bank. Even though payment to the survivor will confer a valid discharge
to the bank, the survivor will, however, hold the money only as trustee for the
legal heirs (who may include the survivor as well) unless he is the sole beneficial
owner of the balance in the account or the sole legal heir of the deceased. Thus,
the survivor’s right unless he is the sole owner of the balance in the account/sole
legal heir of the deceased, is only in the nature of a mere right to collect the
money from the bank. If the legal heirs of the deceased lay a claim to the amount
in the bank, they should be advised that in terms of the contract applicable to
the account, the survivor is the person entitled to payment by the bank and that,
unless the bank is restrained by an order of a competent court, the bank would
be within its rights to make the payment to the survivors) named in the account.
The position, briefly, is that a payment to survivor can be made if there are
no orders from a competent court restraining the bank from making such payments.
4. Joint Savings Bank Account
– Either or Survivor/Any one or Survivors
or Survivor As
stated in para 3 above, the survivor can give a valid discharge to the bank. If
the legal heirs claim the amount, the bank can inform them that unless they obtain
and have served on the bank an order of competent court restraining the bank from
effecting payment to the survivor, the bank will be within its rights to do so.
5. Joint Term Deposit Account
– Premature/Payment or Loan on death of one of the account
holders 5.1 Account in the style
of ‘Either or Survivor or ‘Anyone or Survivors or Survivor’ In
a joint term deposit account which has been opened in the style of either or survivor/any
one or survivors or survivor, the bank often receives a request, on the death
of one of the joint account holders, from the surviving depositors) to allow premature
encashment or the grant of a loan against the term deposit receipt. It would be
in order to accede to the request of the surviving depositors) for premature payment
if (i) there is an option included in the contract of deposit to repay before
maturity and (ii) 'either/any one or survivorship' man- date has been
obtained from original depositors. Requests for loans from surviving depositor(s)
could also be considered in special cases, though in the case of such loans, the
bank may face a possible risk if the legal representatives of the deceased depositor
lay an effective claim to the deposit before it is paid on maturity. In such an
event, the bank will have to look to the borrower(s) for repayment. This position
for premature payment or grant of loan is applicable also in respect of a joint
account (in the style of either or survivor/any one or survivors or survivor),
where all the account holders are alive. As
a measure of operational prudence, a clause to the effect that loan/premature
payment can be permitted to either/any one of the depositors any time during the
deposit period can, however, be included in the term deposit contract, i.e. the
account opening or application form itself, in the manner indicated in para 6
below. 5.2 Joint
Term Deposit – Former or Survivor/Latter or Survivor etc. In
the case of these term deposits, the intention of the owner depositor (former/latter)
is to facilitate repayment of the term deposit to the survivor only in the event
of his death. He (the owner depositor) is in a position to retain with him at
all times, the right to dispose of the monies until his death or maturity of the
deposit receipt, whichever is earlier. There should, therefore, be no objection
to the bank permitting premature payment of such deposits or granting advances
against them at the request of the former/latter without insisting on the production
of a consent letter from the other party/parties to the term deposit receipt.
Here also it is preferable to make this position explicit to the joint depositors,
by incorporating suitable clause in the term deposit account opening or application
form. 6. Special
clause in the application/account opening form for Term Deposit Receipt Banks
may consider incorporating a clause to the following effect in the account opening
form/application form establishing the contract of term deposit: ‘The
Bank may, on receipt of written application from Shri -------------------- the
former/the latter/the first name the second name etc. of us or Either
or Survivor of us, in its Any one or Survivors of Survivor of us, absolute
discretion and subject to such terms and conditions as the Bank may stipulate,
(a) grant a loan/advance against the security of the term deposit receipt to be
issued in our joint names or (b) make premature payment of the proceeds of the
deposit to the former/the latter/the first named of us/either the second
or survivor of us etc. named of us/any one of us or survivors or survivor of us'.
Annexure
II Master Circular Maintenance
of Deposit Accounts Details
of Foreign Contribution received by Associations covered under Foreign
Contributions (Regulations) Act, 1976 [Ref.
Para 5.7.5] Receipts
of Foreign Contribution by various Associations/ Organisation in India under
FC(R) Act, 1976 Name and address
of the branch of the Bank :
Sr.
No. | Name
& Address of the Association and Account Number |
Registration Number under FC(R)
Act, 1976 | Letter(s)
No. & Date of MHA granting permission under FC(R) Act, 1976 |
Date of Credit to the Account |
Amount (in Rs.) |
Details of Donor(s), if available |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
Appendix Master
Circular Maintenance
of Deposit Accounts A. List
of Circulars consolidated in the Master Circular
No. |
Circular
No. | Date |
Subject |
1. |
UBD.BPD.(PCB)Cir.48/09.161.00/200 |
29-05-2004 |
Know
Your Customer Guidelines – Compliance |
2. |
UBD.BPD
(PCB)Cir.41/09.161.00/2003-04 | 26-03-2004 |
Know
your Customer Guidelines - Compliance |
3. |
UBD.No.DS.PCB.Cir.17/13.01.00/2002-03 |
18-09-2002 |
Guidelines on 'Know
Your Customer' norms and 'Cash Transactions' |
4. |
UBD.CO.BR.29/16.48.00/2000-01 |
29-01-2001 |
Payment of balances in
accounts of the deceased customers to legal survivors/claimants |
5. |
UBD.BR.15/16.48.00/2000-2001 |
21-11-2000 |
Payment of balances in
accounts of the Deceased Customers to survivors/claimants |
6. |
UBD.CO.BSD.I/11/12.05.00/2000-2001 |
15-11-2000 |
Opening of deposit accounts
- Completion of formalities |
7. |
UBD.BR.Cir.3/16.48.00/2000-2001 |
25-08-2000 |
Payment of balance in
accounts of the Deceased customers to survivors/claimants |
8. |
UBD No BSD.I/ 12/12.05.00/99-2000 |
28-10-1999 |
Receipt of foreign contributions
by various Associations/Organisations in India under Foreign Contribution (Regulation)
Act, 1976 | 9. |
.UBD.No.BR.32/16.04.00/98-99 |
28-06-1999 |
Nomination Facility in
Deposit Accounts | 10. |
UBD No.BSD.I/PCBs.18/12.05.01/98-99 |
30-01-1999 |
Recent of Foreign Contributions
by various Associations /Organisations in India under Foreign Contribution (Regulation
) Act, 1976 | 11. |
UBD.No.DS.PCB.Cir.12/13.01.00/98-99 |
21-12-1998 |
Operation of Banks Accounts
by Old/Sick/Incapacitated Customers |
12. |
UBD.No.Plan.PCB.Cir.23/09.50.00/97-98 |
28-11-1997 |
Issue of cheque books |
13. |
UBD.No.BSD.I/PCB/09/12.05.00/97-98 |
18-09-1997 |
Opening of fictitious/benami
deposit accounts and collection of stolen/forged instruments etc. |
14. |
UBD.No.I&L.49/12.05.00/95-96 |
14-03-1996 |
Frauds in banks - -Extension
Counters | 15. |
UBD.No.I&L.51/12.05.00/95-96 |
14-03-1996 |
Frauds in banks through
fictitious accounts | 16. |
UBD.No.I&L.PCB.44/12.05.00/95-96 |
22-02-1996 |
Monitoring of deposit
accounts | 17. |
UBD.No.I&L.PCB.36/12.05.00/95-96 |
05-01-1996 |
Committee to enquire
into various aspects relating to frauds and malpractices in banks |
18. |
UBD.No.I&L.PCB.28/12.05.00/95-96 |
10-11-1995 |
Monitoring of deposit
accounts | 19. |
UBD.No.I&L/PCB/65/12.05.00/94-95 |
28-06-1995 |
Frauds in banks - Monitoring
of deposit accounts | 20. |
UBD.No.I&L(PCB)38/12.15.00/94-95 |
10-01-1995 |
34th Report of the Estimates
Committee on the Ministry of Finance (Department of Economic Affairs) - Prevention
of frauds | 21. |
UBDNo.I&L27/12.05.00/94-95 |
31-10-1994 |
Committee to enquire
into various aspects relating to frauds and malpractices in banks obtaining photographs
of depositors | 22. |
UBD.No.I&L/PCB24/12.05.00/94-95 |
19-10-1994 |
Fraudulent encashment
of payment instruments |
23. |
UBD.No.I&L74/12.05.00/93/94 |
27-05-1994 |
Committee to enquire
into various aspects relating to frauds and malpractices in banks |
24. |
UBDNo.36/12.05.00/93-94 |
08-12-1993 |
Committee to enquire
into various aspects relating to frauds and malpractices in banks Primary Co-operative
Banks | 25. |
UBD.DC.1/V.1-89/90 |
02-01-1990 |
Opening of Bank Accounts
in the Names of Minors with Mothers as Guardians |
26. |
UBD.No.BR.695/B.1-88/89 |
19-12-1988 |
Payment of Balance in
Accounts of the Deceased Customers to Survivors/Claimants - Non-insistence on
Production of Succession Certificate - Extension to Other Assets |
27. |
Ref.UBD.No.DC.18/V.1-88/89 |
10-08-1988 |
Deposit Collection Schemes
floated by Private Organisations - Sale of Lottery Tickets by Banks |
28. |
UBD.No.BR.483/B1-87/88 |
21-10-1987 |
Payment of Balance in
Accounts of the Deceased Customers to Survivors/Claimants |
29. |
UBD.No.I&L.88/J.1-87/88 |
08-06-1987 |
Matters relating to Greater
Co-ordination between Banking System and Income-tax Authorities |
30. |
UBD.DC.19/V.1.86/87 |
03-09-1986 |
Acceptance of Deposits
by Unincorporated Bodies/ Private Ltd. Companies with 'Bank Guarantee' |
31. |
UBD.BR.13/A6-86/87 |
11-08-1986 |
Banking Laws (Amendment)
Act, 1983 - Sections 45ZA to 45ZF read with Section 56 of the Banking Regulation
Act, 1949 - Co-operative Banks Nomination Rules, 1985 - Nomination Facilities |
32. |
UBD.No.I&L.110/J.I-85/86 |
02-06-1986 |
Deposit Accounts - Opening
of | 33. |
UBD.BR.764A/A-6-84/85 |
29-03-1985 |
Banking Laws (Amendments)
Act, 1983-84 -Bringing into force of remaining provisions |
34. |
UBD.(DC)1148/V.1-84/85 |
22-02-1985 |
Opening of a bank account
in the name of minor with mother as guardian |
35. |
UBD.BR.16/A.6-84/85 |
09-07-1984 |
Banking Laws (Amendment)
Act, 1983 | 36. |
DBOD.UBD.(I & L) No.2584/J1-82/83 |
22-03-1983 |
Opening of various deposit
accounts in primary co-operative banks-introduction |
37. |
ACD.ID(P)6428/J.1/80-81 |
17-02-1981 |
Joint accounts 'either
or survivor', latter or survivor, 'former or survivor' etc. |
38. |
ACD: ID: 4998-J: 17-76-7 |
09-12-1976 |
Deposit Accounts: Introduction |
39. |
ACD:INSP: 5173/F:15/70-71 |
17-06-1971 |
Register for Unclaimed
Deposits | 40. |
ACD.BR.1454/A.1/67-8 |
08-04-1968 |
Position of term deposits
accepted prior to the commencement of the banking laws (application to co-operative
societies) act 1965 by a co-operative society other than a primary credit society
or a co-operative bank |
B. List of Other Circulars from
which instructions relating to maintenance of deposit accounts have also been
consolidated in the Master Circular
No. |
Circular
No. | Date |
Subject |
Para
No. of the Circular | Para
No. of the Master Circular | |
UBD.BSD-I/8/12.05.00/2000-2001 |
09-11-2000 |
Frauds - Preventive Measures |
Annexure |
2 |
| UBD.21/12:15:00/93-94 |
21-09-1993 |
Committee to enquire
into various aspects relating to frauds and malpractices in banks primary (urban)
co-operative banks | Appendix |
2 |
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