The term KYC (Know Your Customer) was first coined in the United States. The importance of KYC today is very much well known but still the MSME/Business entities are not giving relevant importance to KYC. The importance of why having KYC in your business system was aptly said by Dr Subir Gokarn, Deputy Governor, Reserve Bank of India at Bancon 2011 “If you really know your customer, you will be able to grow with your customers”. A Business should not only be concerned with making Profits but shall also attempt to know who it is dealing with. This means identifying and verifying the customer. In all successful business entities having KYC as part of business system has become a business philosophy and is used by most companies. KYC is one of the methods of validating the identity of a business and executives that are running the business and is hence often seen as a catalyst for business growth. Knowing your customer, no matter what industry and field you are in, is the absolutely essential first step to sustainable business growth.
KYC has its importance from Business Growth aspect as well as Legal aspect. Having KYC in proper manner ensures reducing costs in Litigation and this indirectly leads to business growth.
From legal point of view, having a KYC shall be the part of all Business System to have proper documentary proof so that the legal case and recovery process is not suffered.
Taking the current business practice, following points shall be included in KYC (may differ from business to business but mostly is covered):
|Sr. No.||Documents (KYC)|
|1||Name of the Person approached you or you approached him with his Phone Number, Whatsapp Number, email id, Visiting Card|
|2||Name of the Business and if possible, Brochure|
|3||Documents for Identification Number (Applicable for Company (CIN), Partnership (ROF-Registered only) / Limited Liability Partnership (LLPIN) / OPC)|
|4||Gumastha Licence Copy, if any (one can avoid for Company/LLP/Trust/OPC)|
|6||Aadhar Card of Business Owner (for Sole Proprietorship Firm) and of all Partners (try for one Senior and Active Partner for Partnership Firm/BOI/AOP/Consortium/JV)|
|7||Complete names of all Partners / Sole Proprietors and residence address, if possible|
|8||Address of another units/shops of Partners/Sole Proprietors|
|9||Taxation Numbers with Certificate Documents duly signed by Rubber Stamp|
|10||Copy of MOA/AoA of Company/OPC, LLP Agreement (LLP), Trust Deed of Trust, Partnership Deed for Partnership Firm (if Registered, then take Registration Certificate)|
|11||Details of Bank Accounts (try for more than one)|
|12||Check Credit Standing Details in Market by asking for References (make it mandatory for Sole Proprietorship Firm and Partnership Firm). Best is do online search about customer such as Linkedin, Facebook, etc)|
|13||Copies of Two Years Latest IT Returns, if possible|
|14||Authorizing Letter in regard to Person dealing – Board Resolution (if Company, Trust, LLP), Letter from Partners (if Partnership)|
|15||Active email id’s details (both business and personal, if possible)|
|16||Active website details|
|17||Get certain information about their Property ownership, their branches, references, etc if possible|
|18||Above documents even for Hindu Undivided Family (HUF), Body of Individuals, Association of Persons and Liaison Office of Foreign Company and in addition take their Documents regarding Business Status|
The reason for having the above KYC documents so that one is assured of trying the best to recover the money from their sale of property/freezing of bank accounts as most of the times, even after order/decree, recovery is not made for no details to trace Opposite Default Party them or their property and hence better to have before the relationship starts
Having KYC in your business system supports Business growth for following reasons:
There is no doubt that any business entities, who believes providing best Services, After Sales Services and Customer Satisfaction, will always remain the market irrespective of any technical changes and or competitors.
Knowing your customer, no matter what industry and field you are in, is the absolutely essential first step to sustainable business growth.
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*Content of this post is a Copyright work and is owned by Adv. Lalit K Jain (THE LEGAL DESK)