RPCD.RRB.BC.No. 51/ 03.05.33/2012-13
December 12, 2012
All Regional Rural Banks
The Banking Companies (Nomination) Rules, 1985 – ClarificationsOnline GST Certification Course by TaxGuru & MSME- Click here to Join
1. Witness in nomination forms
As you are aware, the Banking Companies (Nomination) Rules, 1985 have been framed in exercise of powers conferred by Section 52 read with Sections 45ZA, 45ZC and 45ZE of the Banking Regulation Act, 1949. The nomination forms (DA1, DA2 and DA3) have also been prescribed in the Nomination Rules. These forms, inter alia, prescribe that the thumb impression of the accountholder is required to be attested by two witnesses. It has come to our notice that some banks also insist on attestation of signature by witnesses.
We have examined the issue in consultation with Indian Banks’ Association and clarify that for the various Forms (DA1, DA2 and DA3 for Bank Deposits, Forms SC1, SC2 and SC3 for Articles left in Safe Custody, Forms SL1, SL1A, SL2, SL3 and SL3A for Safety Lockers) prescribed under Banking Companies Nomination Rules, 1985 only thumb-impressions(s) shall be attested by two witnesses. Signatures of the account holders need not be attested by witnesses.
2. Nomination in case of joint deposit accounts
It is understood that sometimes the customers opening joint accounts with or without “Either or Survivor ” mandate, are dissuaded from exercising the nomination facility. It is clarified that nomination facility is available for joint deposit accounts also. Banks are, therefore, advised to ensure that their branches offer nomination facility to all deposit accounts including joint accounts opened by the customers.
Banks are advised to ensure strict compliance of the instructions as per the clarification given above.
Chief General Manager