Banking Laws (Amendment) Bill, 2024

5 Dec 2024

Banking Laws (Amendment) Bill, 2024

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:
    • 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.

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UDAAN PRELIMS WALLAH
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