Opening Accounts of Various Types of Customers
Principles & Practices of Banking | Unit 1 Chapter Notes
Accounts for individuals, joint holders, illiterate & blind persons, minors, HUF, partnership firms, LLP, limited companies, trusts, executors, co-operative societies, and government bodies — plus RBI’s current account regime (CC/OD norms), Clayton’s Rule, LEI, and photograph rules.
📌 Why This Chapter Matters in JAIIB
Chapter 4 is one of the highest-density chapters — it covers every customer type a bank encounters. Expect 4–6 questionsper attempt, typically testing minor account rules (age, majority, guardian rights), HUF Karta identification, Clayton’s Rule in partnership accounts, the current account CC/OD regime thresholds (₹5 crore / ₹50 crore), LEI applicability, and document requirements for each entity type. The “introduction is NOT required” rule (as per RBI KYC guidelines) is a recurring MCQ.
Personal Accounts — Individuals & Joint Account Holders
A. Accounts of Individuals
To open an individual account, a person must be: (1) a major by age, (2) of sound mind, and (3) not an un-discharged insolventor disqualified from contracting by law. The account opening form must be signed by the individual(s). When the individual is not of sound mind or is a minor, the court-appointed or natural guardian signs. KYC documents for the guardian must also be obtained — the guardian qualifies as “a customer” under AML regulations.
⚠️ Exam Trap — Introduction Is NOT Required
As per RBI KYC guidelines, the earlier practice of obtaining an introductionfor new account holders has been completely dispensed with. Banks should NOT insist on introduction for opening accounts. The answer to “Is introduction compulsory?” is always Not to be taken.
B. Joint Account Holders
A joint account is opened in the names of two or more individuals. Common reasons:
Modes of Operation — Joint Accounts
Key Rules for Joint Accounts
Accounts of Illiterate & Blind Persons
A. Accounts of Illiterate Persons
Current account NOT to be opened
A current account should not be opened in the name of an illiterate person under any circumstances.
No cheque book
Cheque book must NOT be issued — even in the case of a joint account with an illiterate holder.
Thumb impression (left hand)
The left hand thumb impression is obtained on the account opening form in the presence of an authorised bank officer and a person well known to the bank, who attests the impression.
Two photographs required
Passport-size photographs: one affixed to account opening form, one to the passbook.
Withdrawal in person only
The illiterate person must personally come to the bank with the passbook every time for withdrawal.
Oral confirmation on every withdrawal
The account holder must orally confirm each withdrawal to the authorised official.
Literate operator: joint operation only
If an illiterate person wants a literate person to operate, an authorisation-cum-indemnity letter is submitted — but operation must be JOINTLY by both. No 'E or S' or 'literate person only' mandate is allowed.
B. Accounts of Blind Persons
Note — No Legal Bar
There is no legal bar for a blind person to open a bank account. However, due care must be exercised because of signature inconsistency and higher risk of being cheated.
Two photographs required
Passport-size: one on account opening form, one in passbook.
Signature/thumb impression attested
Must be attested by a person well known to the bank.
Branch Manager's discretion
Branch Manager may allow the blind person to operate the account herself, or by a next of kin — after taking a proper 'letter of authority' from the blind customer.
Inconsistent signature: thumb impression also
If inconsistency is noticed in the signature of a blind customer, the left hand thumb impression may also be obtained.
Entries read out at each transaction
Entries and balance in the passbook must be updated at each transaction and read out to the customer when no other person is within hearing distance.
Accounts of Minors
Under the Indian Majority Act, 1875 and Section 11 of the Indian Contract Act, 1872, a person attains majority at 18 years— even if a court has appointed a guardian. A minor is not competent to enter into a contract. However, contracts for “necessities of life” with a minor are valid, and a minor can be a beneficiary and recover money advanced.
🧠 Key Rules for Opening Minor’s Account
Rules for Operations — Minor’s Account
| Rule | Detail |
|---|---|
| No overdraft | Minor's account must never go into debit. |
| Minor can draw cheques | Section 26 NI Act: a minor may draw, endorse, deliver and negotiate a negotiable instrument. |
| Guardian loses operating rights on majority | After the minor turns 18, guardian cannot operate without fresh confirmation from the (now-major) account holder. |
| Maximum balance cap | Banks fix the maximum balance in a minor's account as per their policy. |
| On minor's death | Guardian must close the account. |
| On attaining majority | Fresh specimen signature of the erstwhile minor + fresh operating instructions must be obtained. Previous guardian instructions become void. |
| On guardian's death during minority | Balance paid to the minor only after she attains majority. |
⚠️ Exam Trap — Age of Majority
Under the Indian Majority Act, 1875, a minor for whom the court has appointed a guardian attains majority at 18 years — NOT 21 years. The old rule of 21 years applied only when the court-appointed guardian managed property before the 1875 Act — this provision no longer applies in modern banking exams.
HUF, Sole Proprietorship & Partnership Accounts
A. Hindu Undivided Family (HUF)
When a Hindu dies leaving a business, it passes to legal heirs. If male children survive, it becomes HUF property. Members are called coparceners; the eldest male member is the Karta (manager). Since the 2005 amendment to the Hindu Succession Act, daughters — married or unmarried — are coparceners. The Delhi High Court has held that the eldest female member can also be Karta (Mrs. Sujata Sharma vs. Shri Manu Gupta, 22/12/2015).
Key Operating Rules — HUF Account
Documents — HUF Account
B. Sole Proprietorship Firms
Law does not distinguish between the proprietor and her proprietary concern — the account can be treated as an individual account. However, a savings account cannot be opened for a proprietorship firm.
C. Partnership Firms
Defined under Section 4, Indian Partnership Act, 1932 as a relationship between persons who have agreed to share profits of a business carried on by all or any of them acting for all. Registration is optional (except in Gujarat and Maharashtra).
🧠 Clayton’s Rule — Must Know
Clayton’s Rule states that the first item on the debit side is discharged by the first item on the credit side, chronologically. When a new partner is admitted and the account has a debit balance, the old account must be frozen and a new one opened. This crystallises the old liability — preventing future credits from wiping off dues owed by the former partnership.
Cheques to firm — never to personal account
Cheques payable to the firm must NOT be credited to the personal account of any partner or employee.
Partner dispute → all operations stopped
If any partner gives a notice of stoppage, all operations must halt. Joint letter sent to all partners and the firm. Account operative only by all partners jointly thereafter.
Partners are mutual agents
Each partner — including sleeping or secret partners — can bind the firm. (Case: M.M. Abbas Bros. vs. Chetandas Fatehchand, AIR 1979 Mad.)
Clayton's Rule on new partner admission
If the account has a debit balance when a new partner joins, freeze the old account and open a new one. This crystallises old liability and prevents new credits from wiping off old dues (Clayton's Rule: first credit discharges first debit chronologically).
Death of partner
Dissolves the firm automatically (unless deed says otherwise). Stop operations, get Letter of Administration from court. Account restyled: 'R.K. Dhoble (deceased) Ritesh Mittal (executor/administrator)'.
Retirement of partner
Stop operations (liability of retiring partner ceases on public notice). Open a new account.
Countermanding payment
Any partner can countermand the payment of a cheque drawn by another partner.
Things a partner CANNOT do
Open a bank account in his own name for the firm; withdraw a legal suit; admit liability in a suit; acquire or transfer immovable property on behalf of the firm.
Documents — Partnership Firm Account
LLP, Limited Companies & Clubs/Associations
A. Limited Liability Partnership (LLP)
Formed under the LLP Act, 2008. LLPs have Designated Partners with a Designated Partner Identification Number (DPIN). Every partner of an LLP is an agent of the LLP for its business — but NOT an agent of other partners. A small LLP has contribution ≤ ₹25 lakh and turnover ≤ ₹40 lakh.
Key Advantage: LLP is a Corporate Person
Unlike a partnership, an LLP is not dissolved by the resignation or death of a partner. The existing account can be continued — even if in debit balance — when a partner changes. A fresh Resolution for authorised signatories is needed if there is any change in signatories. Partners have no personal liability for dues of the LLP.
Documents — LLP Account
B. Limited Companies
| Type | Key Features | Legal Ref. |
|---|---|---|
| Public Ltd. | Min. 7 members; no upper limit. A subsidiary of a public company is also deemed public even if registered as private. | Section 2(71), Companies Act 2013 |
| Private Ltd. | Min. 2, max. 200 members (employees excluded). Restricts share transfer; cannot invite public to subscribe to securities. | Section 2(68), Companies Act 2013 |
| One Person Company (OPC) | Only 1 member + 1 Nominee. Treated on the footing of a private limited company. | Section 2(62), Companies Act 2013 |
| Government Company | 51% or more shares held by Central/State Government (including subsidiaries). Word 'Limited' need not follow the name. | Section 2(45), Companies Act 2013 |
Cash withdrawals — specific authorisation
Cash withdrawals from a company account must be against specific authorisation by the company.
Joint signatories for fraud prevention
Operations are generally permitted under instructions of two or more authorised signatories jointly. Example: 'any two of five authorised officials'.
Death of authorised signatory
Does NOT require stopping payment of cheques signed by that signatory — the company is still a legal person.
Cheque payable to company — never to personal account
Crediting a company cheque to a director's/employee's personal account amounts to negligence under Section 131 of the NI Act, 1881.
Trading vs. non-trading company borrowing
A trading company has implied powers to borrow. A non-trading company must specify borrowing powers in its Memorandum and Articles of Association.
Documents — Company Account
C. Clubs / Associations / Unregistered Bodies
Bodies formed for social, cultural, religious, charitable, or professional objectives — often not registered as a trust, society, or non-profit company. Managed by a Committee with bye-laws.
Documents & Key Precautions
Trusts, Executors, Co-operative Societies & Government Bodies
A. Trusts
Parties in a Trust
Author of the Trust
The person who reposes or declares confidence (the trust creator)
Trustee
The person who accepts the confidence — manages the trust property
Beneficiary
The person for whose benefit the confidence is accepted
Examine the Trust Deed carefully
Look for restrictive clauses on withdrawal amounts, provisions for opening accounts, and mode of operations.
Two or more trustees — joint operation default
Unless the trust deed specifically states otherwise, all trustees must operate the account jointly.
Death of a trustee
Authority vests in remaining trustees. When all trustees are dead/retired, new trustees are appointed by the court.
Insolvency of trustee ≠ insolvency of trust
The trust fund remains separate and is not affected by a trustee's personal insolvency.
Delegation not allowed
Trustees cannot delegate their powers unless specifically authorised by the trust deed.
No set-off against trust fund
Bank has no right to set off against the Trust Fund for debts owed by Trustees in their personal capacity.
Cheques payable to Trust — never to trustee's personal account
Trust cheques must be collected for the trust — not credited to any trustee's private account.
B. Executors & Administrators
| Term | Meaning | Prerequisite |
|---|---|---|
| Executor | Named in the will; derives title immediately on the death of the Testator for administration of property | Must obtain a Probate from a court of law before acting |
| Administrator | Appointed by Court to manage property of a deceased who died without a will (intestate) | Requires Letter of Administration from the court |
Operating Rules & Account Naming
C. Co-operative Societies
D. Government & Public Bodies
Central government transactions follow the Central Government Compilation of Treasury Rules; state government transactions follow the State Financial Handbook. Banks handle: paying, receiving, collecting, and remitting money on behalf of government departments.
| Aspect | Key Rules |
|---|---|
| Challans (Receipts) | Made in duplicate/triplicate. Must be passed by treasury/sub-treasury before presenting for payment. Valid for 10 days — revalidation needed after. Copies returned to depositor must be signed in full. Lost challan: no duplicate issued, only a certificate. |
| Payments | Government departments authorised to issue cheques within drawing limits. Self-drawings in cash allowed for salary and expenses. Special cheque books used. No overdraft allowed. Credit from budget allocations by ministries. |
| Refund Orders | Issued by central excise/customs/income tax departments. Bank must have both cheque AND advice at time of payment. Refund orders are quasi-negotiable and do not attract stamped discharge. |
| Personal Deposit Account | Some departments (forest, local funds, etc.) authorised by A.G. office can draw cheques directly at bank without treasury intervention. Opened as current accounts. Cheques valid for 3 months only. |
| Change in Authorised Officer | Fresh documentation based on suitable notifications required. Same account is continued. |
Current Account Norms, LEI & Quick Reference
A. RBI Norms for Opening Current Accounts (August 2020 / October 2021 Circular)
RBI replaced the older “No Objection Certificate” regime with a comprehensive system. The key principle: persons with no borrowing from any scheduled commercial bank (SCB) or payment bank face no restriction.Persons with credit facilities from NBFCs/FIs/co-operative banks only are also unrestricted.
Borrowers WITH CC/OD Facility
| Banking System Exposure | Rule |
|---|---|
| Less than ₹5 crore | No restriction. Obtain undertaking to inform bank when exposure reaches ₹5 crore+. |
| ₹5 crore or more | Can maintain current account only with ONE lending bank that has ≥10% of the banking system's exposure. Other lenders may open only 'collection accounts' — funds remitted within 2 working days to the CC/OD account bank. If no lender has ≥10%, the highest-exposure bank may open the current account. Non-lending banks: NOT permitted. |
Borrowers WITHOUT CC/OD Facility
| Banking System Exposure | Rule |
|---|---|
| ₹50 crore or more | Escrow mechanism mandatory. Current account only with escrow-managing bank. Other lenders: collection accounts only (remit to escrow at agreed frequency). Non-lending banks: no current account. |
| ₹5 crore – < ₹50 crore | Lending banks: no restriction on opening current accounts. Non-lending banks: collection accounts only. |
| Less than ₹5 crore | Any bank may open, with undertaking to inform if exposure reaches ₹5 crore+ or ₹50 crore+. |
| No banking credit facility | Any bank may open, subject to due diligence per Board-approved policy. |
⚠️ Exam Traps — Current Account Norms
B. Photograph Requirements
C. Legal Entity Identifier (LEI)
The Legal Entity Identifier (LEI) is a 20-digit alpha-numeric code that uniquely identifies parties to financial transactions worldwide — conceived post the 2008 Global Financial Crisis for better risk management and data accuracy. In India, the LEI issuer is LEIL (Legal Entity Identifier India Ltd.)— a subsidiary of CCIL, accredited by GLEIF.
LEI Applicability — Key Points
LEI Timeline for Borrowers (Mandatory)
| Total Exposure | LEI to be obtained on or before |
|---|---|
| Above ₹25 crore | April 30, 2023 |
| Above ₹10 crore, up to ₹25 crore | April 30, 2024 |
| ₹5 crore and above, up to ₹10 crore | April 30, 2025 |
Quick-Reference: All Key Numbers & Rules for the Exam
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