Banker and Customer

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Module - 2

Banker and Customer


Banker and customer relationship
• Who is banker?
 The B R Act 1949 does no defined the term banker, but defines what is
banking.
 As per section 5(b) of B R Act 1949 the term ‘Banking’ means, “accepting for
the purpose of lending or investment of deposits of money from the public
repayable on demand or otherwise and withdrawal by cheque, draft, order or
otherwise.”

• Who is customer?
 The term customer is not defined by law. In general a person or a entity that
maintains account and/or has a business relationship with the bank.
 The relationship of banker and customer begins as soon as the first cheque is
paid and accepted.
Introduction:
 Nature of services defines the relationship.

 Core banking business of the bank.

 Other services like,


Discounting of
bill
Project Remittances
appraisal

Safe custody
Factoring
and lockers
Bank Foreign
Security exchange and
trading Govt
transaction

Collection of
bill and cheque Sale of 3rd LC
party product
Different types of Relationship of Banker and Customer
Transaction Bank Customer
Deposit in the bank Debtor Creditor
Loan from bank Creditor Debtor
Safe custody Bailee Bailor
Locker Lessor Lessee
Collection of cheque Agent Principal
Purchase of draft Debtor Creditor
Payee of draft Trustee Beneficiary
Pledge Pawner/Pledgee Pawnee/Pledger
Mortgage Mortgagee Mortgagor
Standing instruction Agent Principal
Sale/purchase of security on behalf of customer Agent Principal
Money deposited but instructions not given for Trustee Beneficiary
disposal
Articles left by mistake Trustee Beneficiary
Hypothication Hypothecatee Hypothecator
Bankers obligation to customer
1. Obligation to honour cheques.
2. Obligation to maintain secrecy.
3. Obligation to follow customers.
4. Obligation to maintain paper record.
5. Obligation to give notice before closing account.

Rights of bank
6. Right of lien
7. Right of set-off
8. Right of appropriation
9. Right to charge interest and commission
10. Right to close the account
Banker Legal Duty of Disclosure and Related Matter
(Exception to duty of secrecy)

o Disclosure is under compulsion of law.

o Where there is a duty to the public to disclose

o Where the interest of bank requires disclosure

o Where the disclosure is made by express or implied consent of the


customer
KYC Norms
• What is KYC?
RBI has advised banks to make the KYC (Know Your Customer)
procedure mandatory while oening and operating the accounts and
has issued KYC guidelines under section35(A) of B R Act 1949.

• What KYC means?


1. Customer
2. Your? (Who should know?)
3. Know? (What you should know?)
Individual
A/c

Personal Account Joint A/c

Minor A/c

HUF

Types of Accounts Partnership firm

Ltd Companies

Trusts
Accounts of other
customer Co-operative
society
Govt and public
bodies
Executors and
Administration

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