Monday, December 29, 2014

Know About Nomination


In Deposit Accounts

Public sector bank offers nomination facility in deposit accounts, locker facility, safe custody etc.  In an  unfortunate event of the death of a depositor , nomination enables the bank to :
  • make payment to the nominee of a deceased depositor, of the amount standing to the credit of the depositor,
  • return to the nominee, the articles left by a deceased person in the bank's safe custody,
  • release to the nominee of the hirer, the contents of a safety locker, in the event of the death of the hirer.
Without insistence on a succession certificate or probate of the will from the legal heirs of the deceased account holder/customer.
Salient Features of the Nomination Facility
Deposit Accounts:
  • Nomination facility is available to account holders operating Current Accounts, Savings Bank Accounts, and all types of term deposit accounts.
  • Nomination can be made in favour of one person only.
  • Nomination favouring the minor is permitted on the condition that the account holder, while making the nomination, appoints another individual not being a minor, to receive the amount of the deposit on behalf of the nominee in the event of the death of the depositor during the minority of the nominee.
  • Nomination can be made only in respect of a deposit which is held in the individual capacity of the depositor and not in any representative capacity such as the holder of an office like Director of a Company, Secretary of an Association, partner of a firm, Karta of an HUF. and the like.
  • In the case of a deposit made in the name of a minor, nomination shall be made by a person lawfully entitled to act on behalf of the minor.
  • A nomination will continue to be in force even on renewal of a term deposit, unless specifically cancelled or changed.

Who can Nominate?

  • Bank account holders having deposit accounts in their individual names or, in joint names of two or more  individuals.
  • A person lawfully entitled to act on behalf of the minor in respect of a deposit  account.

How to Nominate?

Specific forms are provided for availing of nomination facility. The account holder/customer will have to fill in the relevant form. The bank will acknowledge in writing to the concerned account holder/customer, the receipt of the nomination form and the nomination will be registered in the books of the bank.

Cancellation of, Variation in, Nomination

Cancellation of, or variation in, the nomination can be made at any time as long as the account is in force. While making nomination, cancellation or variation, witness is required and the request should be signed by all account holders.

When the Nominee Makes a Claim

In order to ensure that the deposits/articles, are handed over to the genuine nominee, the bank will insist on

Proof of death of depositor:
A death certificate or any other satisfactory mode of proof of death acceptable to the bank, will have to be furnished.

Identity of the nominee:
A claim format establishing the claim of the nominee duly certified by

  1. a Magistrate or Judicial Official or
  2. an Officer of the Central or State Government or
  3. an Officer of a bank or
  4. two persons acceptable to the bank who will act reference.
Customers (new as well as existing) are advised to avail nomination facility, if they have not availed so far.

 
                                                        (F328,ID No 451) FORM DA-1
Nomination under section 45ZA of the Banking Regulation Act, 1949 and Rule 2(1) of the Banking Companies (Nomination) Rules, 1985 in respect of bank deposits

I/We ...................................(name(s) and address(es) nominate the following person to whom in the event of my/our/minor's death the amount of the deposit particulars whereof are given below  may be returned by ......................................... (name and address  branch/office in which deposit is held)
Deposit Nominee
Nature  of       
Distingui- shing No.
Additional details        if any
Name Address Relationship with depositor, if any
Age If nominee is a minor his date of  birth#
# 2. As the nominee is a minor on this date.  I/We appoint Shri/Smt/Kum........................................ ....................................................................................................................................................... (name address and age) to receive the amount of the deposit on behalf  of the nominee in the event of my/our/minor's death during  the minority of the nominee.

Place:                                                            *Signature(s)/Thumb impression(s) of depositor(s)
 
 Date :                                                 
 
@Signature(s) of witness(es)............................
Name(s) .......................................................
and address(es).............................................       
 
* Where deposit is made in the name of a  minor the nomination should be signed by a person lawfully  entitled  to act on behalf of the minor.
 
 # Strike out if nominee is not a minor.
 @ Signature(s) of depositor(s) should be witnessed by one person; thumb impression(s) of depositor(s) should be witnessed by two person.

(F329, ID  No. 452)                                                                                                                                   
FORM DA-2
Cancellation of nomination under section 45ZA of the Banking Regulation Act, 1949 and Rule 2(5) of the Banking Companies (Nomination) Rules, 1985 in respect of bank deposits
I/We ............................................................................................................................................. [name(s) and address(es)] hereby cancel the nomination made by me/us in favour of ...........................................................................in respect of ........................................................... (give details of deposit)
Place:
Date :                                                        *Signature(s)/Thumb impression(s) of depositor(s)

Name(s) Signature(s) and address(es) of witness(es)

* Where deposit is made in the name of a minor the cancellation of nomination should be signed by a person lawfully entitled to act on behalf of the minor.
# Thumb impression(s) shall be attested by two witnesses.

(F330, ID N o. 453)                                                                                                                             
FORM DA-3
Variation of nomination under section 45ZA of the Banking Regulation Act, 1949 and Rule 2(6) of the Banking Companies (Nomination) Rules, 1985 in respect of bank deposits
I/We ......................................................(Name(s) and address(es) cancel the nomination made by me/us in favour of ............................................... (name and address) and hereby  nominate the following person to whom in the event of my/our/minor's death the amount of the deposit particulars whereof are given below  may be returned  by .................................................... ...............................................( name and address of branch/office in which deposit is held)
Deposit                            Nominee
Nature of
Distinguishing No.
Additional details if any
Name Address Relationship if any
Age If nominee is a minor his date of birth
# 2. As the nominee is a minor on this date.  I/We appoint Shri/Smt/Kum................................ ..........................................................................................................(name address and age) to receive the amount of the deposit on behalf  of the nominee, in the event of my/our/minor's death during  the minority of the nominee.
Place: Date :                                                *Signature(s)/Thumb impression(s) of  depositor(s)
@Name(s) signature(s)and address(es) of witness(es)
* Where articles are left in safe custody in the name of a minor, the nomination should be signed  by a person lawfully entitled to act on behalf of the minor. # Strike out if nominee is not a minor. @Signature/s shall be attested by one witness; thumb impression/s shall be attested by two witnesses.
 
Reserve Bank of India Act, 1934


45QB. Nomination by depositors
 
(1) Where a deposit is held by a non-banking financial institution to the credit of one or more persons, the depositor or, as the case may be, all the depositors together may nominate, in the manner prescribed by rules made by the Central Government under section 45ZA of the Banking Regulation Act, 1949 (10 of 1949), one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the non-banking financial institution.
 
(2) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made purports to confer on any person the right to receive the amount of deposit from the non-banking financial institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the manner prescribed by rules made by the Central Government under section 45ZA of the Banking Regulation Act, 1949 (10 of 1949).
 
(3) Where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint, in the manner prescribed by rules made by the Central Government under section 45ZA of the Banking Regulation Act, 1949 (10 of 1949), any person to receive the amount of deposit in the event of his death during the minority of the nominee.
 
(4) Payment by a non-banking financial institution in accordance with the provisions of this section shall constitute a full discharge to the non-banking financial institution of its liability in respect of the deposit:
PROVIDED that nothing contained in this sub-section shall affect the right or claim which any person may have against the person to whom any payment is made under this section.
 
(5) No notice of the claim of any person, other than the person or persons in whose name a deposit is held by a non-banking financial institution, shall be receivable by the non-banking institution, nor shall the non-banking financial institution be bound by any such notice even though expressly given to it:
 
PROVIDED that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a non-banking institution, the non-banking institution shall take due note of such decree, order, certificate or other authority.]
 
 
http://www.caclubindia.com/articles/about-nomination-under-various-acts-9549.asp#.VKFTPANABg

Deposit Accounts and Safe Deposit Lockers

Q1. What is Nomination?
Nomination is a facility that enables a deposit account holder(s) (individual or sole proprietor) or safe deposit locker holder(s) to nominate an individual, who can claim the proceeds of the deposit account(s) or contents of the safe deposit locker(s), post the demise of the original depositor(s) or locker holder(s).

Q2. What is the benefit of nomination?
The benefit of nomination is that in the event of death of an account holder(s) or locker holder(s), the Bank can release the account proceeds or contents of the locker to the nominee(s) without insisting upon a Succession Certificate, Letter of Administration or Court Order. The nominee holds the monies in the capacity of a Trustee on behalf of the legal heirs of the deceased account holder(s) or locker holder(s) and the Bank's liability is duly discharged on payment to the Nominee.

Q3. Who can nominate?
  • Bank account holders having deposit accounts in their individual names or in joint names of two or more individuals can appoint a nominee to their accounts.
  • A sole proprietor can appoint a nominee to the sole proprietorship account with the bank.
  • In the case of a deposit account in the name of a minor, nomination shall be made by a person lawfully entitled to act on behalf of the minor in respect of a deposit account.
  • Safe deposit locker holder(s) can appoint nominee(s) on their Safe deposit locker(s).
  • A nomination can be made only in respect of a deposit account which is held in the individual capacity of the depositor, and not in any representative capacity such as the holder of an office like Director of a Company, Secretary of an Association, partner of a firm, or Karta of an HUF.

Q4. How can I register a nomination?
Specific nomination forms need to be completed and submitted to the Bank for registering the nomination facility. Different forms are applicable to register nominations on deposit accounts and safe deposit lockers. The Bank will acknowledge receipt of the nomination form and send a confirmation of having recorded the same. This confirmation must be kept securely either with the deposit account holder or with the nominee, if the account holder so wishes.

Q5. How can I get a nomination form?
Deposit Account: Please click here to download the nomination form from www.hsbc.co.in.
You can also avail of a nomination form from the nearest branch of The Hong Kong and Shanghai Banking Corporation Limited, (HSBC). Please click here for the details of our branches. The completed form can be posted or personally handed over to the Bank, in any of our HSBC branches. NRI customers can also send the forms signed and witnessed (in original) to the mailing address of the NRI Centre in your country of residence given here.

Safe Deposit Locker: Nomination forms for safe deposit lockers are available at any of our branches that offer safe deposit locker facilities to customers. The specific branches are mentioned below. Please click here for the full address of the branch nearest to you.

AhmedabadJaipurAndheri (E)Peddar RoadPune
BangaloreGariahatBandraJuhu Vile ParleTrivandrum
ChandigarhHowrahMumbai MainGurgaonVishakapatnam
ChennaiUltadangaBorivaliGreater Kailash 
HyderabadShakespear SaraniChemburSouth Extension 

Q6. What are the basic guidelines to be followed while completing a nomination form?
  • The account holder(s) need(s) to complete the forms in duplicate, signed by all the account holders.
  • Both copies of the nomination form must bear the account holders' signatures in original.
  • The number of each account for which nomination is being made must be specifically mentioned in the nomination forms.
  • If a minor is being nominated on the account, complete details of the guardian should be furnished.

Q7. Is nomination required to be witnessed?
Signatures of the account holders need not be attested by witnesses. However, for nomination requests with thumb impression, two witnesses are required.

Q8. Whom can I nominate?
Deposit Accounts: : As per the prevailing Banking Companies (Nomination) Rules, there can be only one nominee per account and the nominee can only be an individual . However different accounts can be nominated in favour of different individuals.

Safe Deposit Lockers: A safe deposit locker held by a sole hirer can be nominated in favour of one individual only. However a safe deposit locker that is held in joint names and operated jointly by any two or more locker holders, can be nominated in favour of more than one individual.

Q9. Can I nominate a minor?
Yes, nomination favouring the minor is permitted on the condition that the account/ locker holder, while making the nomination, appoints another individual (who is not a minor) to receive the monies in the account/ contents of the locker on behalf of the minor. In the event of the death of the account/ locker holder(s), while the nominee is still a minor, the individual who is appointed to receive the monies/contents will receive the proceeds of the deposit/ contents of the locker claimed on behalf of the minor nominee.

Q10. I have a joint account / locker held in joint names, how can we nominate?
If there is more than one account / locker holder, then the nomination form must be signed by all account / locker holders. A copy of the nomination form will be held in the Bank's records and the other copy will be dispatched to the account/ locker holders / guardians notified in the Bank's records. However in case of joint accounts, the nominee's right arises only after the death of all the depositors.

Q11. Can I cancel or change the nomination which was made earlier?
Cancellation or variation in the nomination can be made at any time as long as the account / locker is in force. While making nomination, cancellation or variation, rules applicable to the witness need to be followed. Moreover, if the account/ locker is held in more than one name, all account / locker holders must sign on all the requisite forms. Separate prescribed forms are applicable for cancellation and / or variation, which are available at our respective branches.

Q12. I have multiple accounts; can I nominate different individuals on each account?
Yes, as mentioned earlier, different individuals can be nominated on different account / lockers held by the same account / locker holders. However separate nomination forms need to be completed for each nominee. Nominations for multiple accounts having the same nominee may be recorded on one form provided each account number is specifically mentioned on the form.

Q13.Can I make a blanket nomination (or leave a standing instruction) with the Bank to automatically record a nomination for future deposit accounts proposed to be opened under an existing customer record?
No, as mentioned earlier, nomination is registered at an account level Hence, it is not possible to make a nomination for future accounts, deposits that might be opened under a particular customer record.

Q14. How can a nominee claim the funds in the account/ contents of the locker?
Deposit Accounts: The nominee can approach the Bank with the complete set of documents required. However the basic documentation requirements include –

  • Claim Form (Covering letter from the nominee advising the Bank that he is the nominee and his preferred method of receiving the funds claimed. Eg. Cashier order, Demand draft, EFT, etc. Please note that the proceeds of the nominated accounts will not be paid in cash. A format is available with the Bank.)
  • Death certificate issued by municipal authorities / government department. The Photocopy should be sighted as original by the Bank officer.
  • Proof of Address & Photo ID of the Legal heirs / Survivor / Nominee (as required by the Bank)
  • Customer Copy of Nomination, if any.
Safe Deposit Lockers: The nominee can approach the Bank with the complete set of documents required. However the basic documentation requirements include –

  • Claim Form (Covering letter from the nominee advising the Bank that he is the nominee - format available by the Bank)
  • Death certificate issued by municipal authorities / government department. The Photocopy should be sighted as original by the Bank officer.
  • Proof of Address & Photo ID of the Legal heirs/ Survivor / Nominee (as required by the Bank)
  • Customer Copy of Nomination, if any
  • Inventory Form (Format available with the Bank)
Q15. Will the nomination facility guarantee the transfer of funds to the nominee?
If the nomination is not contested and subject to complete submission of documents as per the Bank's requirements, the nominee can claim the funds in the deposit accounts that he has been nominated on. However, in case of any contest or dispute, or another claimant approaching the Bank with any legal documentation, the court decision will be binding on the Bank.

Q16. Is it mandatory to nominate a new account that I am opening with the Bank?
Yes, regulatory guidelines stipulate that each new account/ locker needs to be nominated. However if an account / locker holder does not wish to register a nomination on his account/ locker, the customer needs to explain the reasons for not registering a nomination to the Bank in writing. This letter will need to be signed by all the account / locker holders. In case the customer refuses to provide the explanation, the Bank needs to annotate the account opening / locker forms accordingly.

In case you need any more information, we request you to please approach your nearest HSBC branch.

Depository Accounts


Q1. What is Nomination?
Nomination is a facility that enables a depository account holder to nominate an individual, who can claim the securities held in a Demat account, post the demise of the depository account holder(s). For a jointly held demat account, in case of death of any of the joint holder(s), the securities will be transmitted to the surviving holder(s). Only in the event of death of all the joint holders, the securities will be transmitted to the nominee.

Q2. What is the benefit of nomination?
The benefit of nomination is that in the event of death of an account holder(s), the Depository Participant (DP) can transmit the securities held to the nominee(s) without insisting upon a Succession Certificate, Letter of Administration or Court Order. The nominee has to submit a duly filled-in transmission form, notarised copy of death certificate and an affidavit in the prescribed format to the DP. After verifying these documents and if found to be in order, the DP will transmit the securities to the account of the nominee.

Q3. Who can nominate?

  • Depository account holders having accounts in their individual names or in joint names of two or more individuals can appoint a nominee to their accounts.
  • In the case of a Depository account in the name of a minor operated under guardian nomination shall not be recorded.
  • A nomination can be made only in respect of a Depository account which is held in the individual capacity under the following Client Types and Sub-Types.
TYPESUB - TYPE

ResidentOrdinary
 Margin Account
 Promoter
NRINRI-Repatriable
 NRI Non Repatriable
 DR
 NRI - Repatriable - promoter
 NRI - Non Repatriable - promoter
Foreign NationalDR
 FN
 FN Promoter
  • Non-individuals including society, trust, body corporate, partnership firm, Karta of Hindu Undivided Family, holder of power of attorney cannot nominate.
Q4. How can I register a nomination?
Nomination forms (Annexure JA) needs to be completed and submitted to the Depository Participant (DP) for registering the nomination facility. The Bank will acknowledge receipt of the nomination form and send a confirmation of having recorded the same along with the NRN generated.

Q5. How can I get a nomination form?
Nomination forms for depository accounts (Annexure JA under NSDL guidelines) are available at any of our HSBC branches. Please click here for the address of the branch nearest to you.

Q6. Whom can I nominate?
There can be only one nominee per account and the nominee can only be an individual. However different accounts can be nominated in favour of different individuals.

Q7. Can I nominate a minor?
Yes, nomination favouring the minor is permitted on the condition that the account holder, while making the nomination, appoints another individual as a guardian other than the holders in the account. In the event of the death of the account holder/s, while the nominee is still a minor, a Depository Account has to be opened in the name of the nominee under guardian as per the nomination details for transmission of securities.

Q8. I have a joint account held in joint names, how can we nominate?
If there is more than one account holder then the nomination form must be signed by all account holders. A communication / notification will be dispatched to the account holder. However in case of joint account, where in only one holder expires then the securities will be transmitted to the surviving holder based on the request received from the surviving holders. Nomination's in joint A/c's stands effective only on death of all the holders.

Q9. What are the basic guidelines to be followed while completing a nomination form?

  • The form need / s to be complete and duly signed by all the account holders.
  • The Client ID & DP ID number of each account that is being nominated must be specifically mentioned in the nomination forms.
  • The nominee also has to sign the nomination form and affix his / her photograph that is signed by the nominee. Where the nominee is a minor, the form will need to be signed by the guardian and a signed photograph of the guardian along with that of the nominee is affixed on the nomination form.
  • If a minor is being nominated on the account, minor's Date of Birth (DOB) is mandatory along with complete details of the guardian with necessary signatures of the guardian appointed.
  • Only for nomination requests with thumb impression, two witnesses are required. Two independent witnesses need to be recorded on the Annexure JA.
Q10. Is nomination required to be witnessed?
Signatures of the account holders need not be attested by witnesses. However, for nomination requests with thumb impression, two witnesses are required.

Q11. Can I cancel or change the nomination which was made earlier?
Cancellation or variation in the nomination can be made at any time as long as the account is in force. While making nomination, cancellation or variation, rules applicable to the witness need to be followed. Moreover, if the account is held in more than one name, all account/ locker holders must sign on all the requisite forms. Annexure JA can be used for cancellation of nomination as well.

Q12. I have multiple accounts; can I nominate different individuals on each account?
Yes, as mentioned earlier, different individuals can be nominated on different accounts held by the same account holders. However separate nomination forms need to be completed for each Account.

Q13. Can I make a blanket nomination (or leave a standing instruction) with the Bank to automatically record a nomination for Depository accounts proposed to be opened under an existing customer record?
No, as mentioned earlier, nomination is registered at an account level. Hence, it is not possible to make a nomination for future accounts, that might be opened under a particular customer record.

Q14. How can a nominee claim the securities in the account?
In the event of death of the account holder, the nominee should contact the branch where the demat account is held, and he will be guided accordingly.

Q15. Will the nomination facility guarantee the transfer of securities to the nominee?
On submission of complete documents as per Depository requirements, the nominee can claim the securities in the accounts that he has been nominated for.

Q16. Is it mandatory to nominate a new Depository account that I am opening with the Bank?
Depository account opened on NSDL via its depository participant has to carry a nomination.
In case a nomination is not provided, then the client has to select the option / provide a declaration stating that "I / We do not wish to make a nomination".

Q17. What would happen if no nomination is made for the account?In case nomination is not made by the sole account holder, the securities would be transmitted to the account of legal heir(s), as may be determined by an order of the competent court. However in cases where the value of securities to be transmitted is less than Rs. 1,00,000/- the DP may process the request based on submission of necessary letter of indemnity, surety, affidavits and NOC documents.

In case you need any more information, we request you to please approach your servicing Branch locally.

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