The Lok Sabha passed the Banking Laws (Amendment) Bill, 2024 via a voice vote.
About Investor Education and Protection Fund (IEPF)
Establishment: The IEPF was established under the Companies Act, 1956, as amended by the Companies (Amendment) Act, 1999.
Aim: To promote investor awareness and ensure the protection of investors’ interests.
Administrative Authority: The Investor Education and Protection Fund Authority (IEPFA), operating under the Ministry of Corporate Affairs, is responsible for administering the IEPF. |
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- It amends the:
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- Reserve Bank of India (RBI) Act, 1934
- Banking Regulation Act, 1949
- State Bank of India Act, 1955
- Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970
- Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980.
Key Changes under Banking Laws (Amendment) Bill, 2024
Feature |
Earlier Provision |
New Provision |
Nominees |
Up to 2 nominees |
Up to 4 nominees, with option for simultaneous or successive distribution |
Substantial Interest in Shareholding for Directorship |
₹5 lakh |
₹2 crore |
Tenure of Directors in Co-operative Banks |
Maximum 8 years |
Maximum 10 years |
Common Directors in Co-operative Banks |
Not allowed |
Allowed for central co-operative bank directors on state co-operative bank boards |
Unclaimed Amounts |
Unclaimed for 10 years transferred to IEPF |
Unclaimed for 7 years transferred to IEPF |
Claiming from IEPF |
Limited to legal heirs |
Individuals can directly claim transfers or refunds |
Auditor Remuneration |
RBI approval required |
Bank’s decision |
Definition of Fortnight |
1st-15th and 16th-end of month |
1st-15th and 16th-end of month (clarified) |
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About Nominee
- A nominee is a person designated to receive benefits or assets on behalf of another individual. This person is often chosen for convenience, privacy, or legal reasons.
- A nominee could be:
- Family Members: Spouses, children, or parents are common choices.
- Trusted Friends: Close friends can be nominated if they’re reliable.
- Legal Entities: Trusts or companies can be nominated.
- Common Uses of Nominees
- Financial Accounts: To simplify account management and ensure smooth transfer of assets in case of the account holder’s demise.
- Insurance Policies: To designate a beneficiary who will receive the policy’s proceeds.
- Property Ownership: To hold property on behalf of another, often for tax or privacy reasons.
- Company Directorships: To appoint a person to represent the company’s interests.
- Legal Implications: Nominee agreements should be clear and legally binding.
- Tax Considerations: Nominating a foreign entity might have tax implications.
- Privacy Concerns: While nominees can provide privacy, it’s essential to balance this with transparency.
- Regulatory Compliance: Nominee arrangements must comply with relevant laws and regulations.
- Legal Provisions for Nominees in India: Indian Contract Act, 1872 governs the legal relationship between the account holder and the nominee.
- Various other acts, such as the Banking Regulation Act, Insurance Act, and Companies Act, also contain provisions related to nominations.