KYC, Re-KYC, Misconceptions around KYC and Dormant Account

Preamble

The object of this write-up is to make Bank customers who are not well informed about Re-KYC, and activating dormant/inoperative bank dmat/account/s and use of C-KYC

Many banks (it applies to FI etc) are often confused about KYC, objects of re-KYC, objects of classifying an account as inoperative, activation of an inoperative account, many have not heard of CKYC. In many cases, customers face junior officers at the counters. Most of these officials are inadequately informed and are incapable of properly guiding customers, which results in avoidable harassment of customers. I am a senior ex-banker. I faced many times many issues and had to approach the senior management of the bank concerned and/or complain to bring such people on the right track. Many bankers are not clear that KYC is for a customer (set) and not for each account/s pattern/style and should not waste time, national/system resources by duplications.

I would like to share few instances:

My friend an RTI activist from Pune shared his experience with one nationalized bank:

He and his wife ('He' and 'She') had joint savings account with PSU bank (with active/valid KYC). Both wanted to open another joint account with the same branch of the same bank, in the reverse order ('She' and 'He'). The bank insisted submission of all KYC papers again. I had also experienced the same thing a few days ago with ICICI bank and Axis Bank. I had asserted and complained to the top management of the bank. Both first supported the branch action, after a strongly worded communications to top management Axis Bank budged and instructed the branch not to insist on KYC (OVDs) again, to use customer ID, ICICI bank is yet to 'comedown' to the ground level.

One of my relatives had an account with the State Bank of India. He was depositing monies periodically but has not withdrawn or put through any debit transaction for 3-4 years. When he visited last week, the bank informed him that his account is inoperative. It further said that you have to do the KYC (without realizing the fact KYC and dormant/inoperative are two different things). It is an account opened less than five years ago [customer profile retired Govt Officer age 75 yrs.] a low-risk customer. He had an account with another nationalized Bank where customer-mandated debit instructions were carried out to RD regularly. On maturity, the maturity proceeds were credited to the account as per his mandated instructions. He visited in person with a self-cheque. He was told to do KYC as his account is dormant and he cannot draw till then.

A few months back I received an SMS from the Bank of India reading as under:

Your A/c is Dormant; please contact Branch with fresh KYC document for activation -Team BOI. This account was 6 years old (with low-risk category and KYC review for such account is due after 10 years). In many cases, Bank bounces the cheque drawn an inoperative account by the customer in gross violation of RBI's specific instructions (brief text given below), as was done in my instant case.

"The segregation of the inoperative or dormant accounts is from the point of view of reducing the risk of fraud etc. However, the customer should not be inconvenienced in any way, just because his account has been rendered inoperative. The classification is there only to bring to the attention of dealing staff, the increased risk in the account. The transaction may be monitored at a higher level both from the point of view of preventing fraud and making a Suspicious Transactions Report. However, the entire process should remain un-noticeable by the customer".

Notwithstanding these directions, banks bounce the cheques drawn by customers on inoperative accounts recklessly (even after appropriate written advance intimation). Bank's top brass from the grievance department dismissed the complaint of 'wrongful dishonor of cheque". A specific reference to Banking Ombudsman (BO), [in my case referring to RBI circulars] was made. The complaint was dismissed by BO upholding branch/banks action until I pushed hard to CO, RBI to get the desired outcome. It is pity that regulatory machinery meant to award justice to the aggrieved bank's (Banking Ombudsman) customer does not consider directions issued by Banking Regulator.

In the majority of cases, the account is inoperative but not due for KYC review (Re-KYC). However, as a matter of routine/practice and/or ignorance, many banks insist customers submit KYC documents again to reactivate the dormant account.

It has become a regular business of harassment and the customers are asked to submit the KYC document instead of the bank doing simple due diligence (whenever the customer visits himself to operationalize a dormant account bank can at the most obtain a letter and/or ask him to do any customer mandated debit (cheque/ATM transaction or any customer mandated credit transactions). The very object of RBI's directions is defeated if banks start to bounce the cheques or insist customers visiting the office to submit documents for KYC/ Re- KYC.

As per RBI directions of 5th May 2021 to banks, they are not expected to ask the customers to comply with re-KYC even if it has fallen due unless it is required to comply with court directions or law enforcing agencies specific directions applicable to the case, till 31^st Dec 2021.

In the current scenario, many accounts have gone dormant (due to pandemic many senior citizens did not go out of homes for 1 ½ year and operate) and suffer due to this autocratic attitude of bankers.

I am sure the banks/branches will respond properly when customers are aware of facts and assert forcefully otherwise this practice of harassment will continue unchecked.

I feel having regulations in place, to make life simple, is not just adequate and cannot guarantee its implementation. Customers should be aware of their rights and know the right way to assert and lodge the complaint in the simplest manner.

What is KYC?

KYC has become ground for customers harassment (without knowing its objective and safer & simpler ways to comply with it). Miscreants use this to perpetrate financial crime/s and are like a 'fraud-prone zone'.

KYC means "Know Your Customer". KYC is a mandatory process by which bank/s, FI/s obtain information about the identity and address of the customers to establish the legitimacy of a customer. The KYC procedure is to be completed by the banks while dealing with a new client. This process helps to ensure that services are not misused, helps prevent identity, theft, money laundering, financial fraud/s, terrorism financing, and other financial crimes.

In the context of a natural person, an individual customer, KYC is not required for each of his/her banking accounts with the bank. Once the KYC is done, (account is opened) there is no need to submit the same papers to each of the multiple relationships with the same bank (at many branches). Banks/FIs based on the period prescribed by the regulator/s periodically update KYC. Non-compliance can incur heavy penalties.

What is Re-KYC?

As per RBI guidelines on KYC norms, customer identification documents are to be periodically updated in the bank/FI's records, in addition to the KYC carried out at the time of onboarding the Customers.

The customer would be required to undergo Re-KYC and submit the requisite documents under certain circumstances

RBI's KYC regulations, financial institutions should update KYC periodically. It should be at least once in two years for high-risk customers, and for medium-risk depositors, it should be once in eight years. For the low-risk category, it's once in 10 years.

As mentioned above, the Reserve Bank of India (RBI) on 5th May 2021 directed banks that no punitive action should be taken on the issue of Know Your Customer (KYC) updation till December 31, 2021, unless warranted due to any other reason or under instructions of any regulator or enforcement agency or court of law. RBI's move on KYC follows a spurt in complaints from customers about banks unilaterally suspending and freezing accounts for the delay in KYC updation but banks seem to not take its cognizance.

Banks follow different methods to do KYC reviews (Re-KYC). I am tempted to mention banks like IDBI Bank do not ask the customer to submit OVDs for KYC review (even if your demographic details have undergone change since the last KYC) if a client simply provides a 14 digit KIN in a Re-KYC request letter.

What is CKYC?

Enabling provision to share KYC information with Central KYC Records Registry (CKYCR) was made on 26th Nov 2015. Regulated entities were asked to upload data on the designated website from Jan 2017. It was expected that where a customer, to establish an account-based relationship, submits a KYC Identifier to a RE, with explicit consent to download records from CKYCR, then such RE shall retrieve the KYC records online from the CKYCR using the KYC Identifier and the customer shall not be required to submit the same KYC records or information or any other additional identification documents or details,

As per Reserve Bank of India (RBI) notification dated December 18, 2020, on Amendment to Master Directions, 2016, Banks are required to file the electronic copy of the customer's KYC records with the Central KYC Registry. Central KYC Registry issues unique KYC identifiers for any future KYC reference. This is called a KYC identifier or CKYC number [14 digits (KIN)]. The KYC identifier(KIN) can be used as a KYC reference for any banking or financial relationship with any Bank, Financial Institution, SEBI regulated entity (for Demat, Broking Account, etc). SEBI and other Financial Market Regulators have issued directions to their regulated entities on these lines.

In clear terms, there is no need to submit KYC papers again to any bank, FI, SEBI regulated entity if KYC is done with anyone and KIN is available with the client. RBI Circular DOR.AML. BC. No.31/14.01.001/2020-21 December 18, 2020,#.

Readers interested in further reading may peruse my separate articles on "CKYC mechanism becomes a mockery & wastage of country's resources" & "RBI's clear directions on implementing CKYC for new clients" using google search/internet, also available on this website

#The Central KYC Records Registry shall process the KYC records received from a reporting entity for de-duplicating and issue a KYC Identifier for each client to the reporting entity, which shall communicate the KYC Identifier in writing to their client;(1C) Where a client, for clause (a) and clause (b) of Rule 9, submits a KYC Identifier to a reporting entity, then such reporting entity shall retrieve the KYC records online from the Central KYC Records Registry by using the KYC Identifier and shall not require a client to submit the same KYC records or information or any other additional identification documents.

Many corporate offices of banks are yet to take cognizance of these instructions and many banks continue to insist on submission of the photograph, ID proof, Address proof, and other related papers from customers interested in opening a new account, with their branches instead of KYC. Some banks insist on 'TAB-based account opening' on the pretext of paperless banking (new or existing clients) using Aadhar authentication and make a declaration that Aadhar has been submitted voluntarily. This is to beat the law or clear directions of the honorable Supreme Court of India. Unfortunately, system regulators are keeping mum.

Dormant/Inactive/Inoperative Accounts in banks

There is no clear definition of an inactive account. In Savings, as well as current accounts (operative account) with no customer-mandated activity for the last 12 months, is treated as an Inactive Account. However, when an operative account with no customer-mandated activity is reflected for the last 24 months, it is formally termed as a Dormant/Inoperative Account. All system-generated transactions like the credit of interest on your savings account by bank, penalty levied by bank, service charges initiated by a bank, etc. are not considered as transactions initiated by a customer/mandated and hence are not considered as last admitted entry for counting 24 months period.

To avoid an account become dormant, at least any one of the following transactions can be initiated by the customer within every 24 months:

• A withdrawal of cash from ATM/Branch
• Deposit of cash in the account (Cash Deposit Machine or Branch)
• Payment by cheque, Deposit of cheque in the account
• Transfer of funds online through net banking
• Transfer of funds through any banking channels
• Online Bill Payment, SIP transactions, etc
• Mandate/instruct the bank to credit dividends on shares to Savings/current accounts as per the mandate of the customer should be treated as a customer-induced transaction. The same is the treatment in cases where FD/RD interest /principal is to be credited to the account As such, the account should be treated as an operative account as long as the dividend/interest is credited to the SB/Current account. [Ref: RBI Cir 2014-15/200 [DBOD.No. Leg. BC. 36 /09.07.005/2014-15 September 1, 2014]

RBI has directed regulated entities as follows: "In case any holder gives the reasons for not operating the account, banks should continue classifying the same as an operative account for one more year within which period the account holder may be requested to operate the account. However, in case the account holder still does not operate the same during the extended period, banks should classify the same as an inoperative account after the expiry of such extended period".

So, if you feel that your account has/going to become inoperative (notwithstanding you receive intimation from your base branch), please send a two-liner requesting the bank for revalidation/reactivating/ reclassifying as an operative account and keep acknowledgment for records, that's it.

As RBI has not prescribed any standard process for activating inoperative or dormant bank accounts, every bank wants customers to follow its process to activate a bank account.

To re-classify an account as an operative, both the types of transactions i.e. debit/credit transactions customer are considered.

Following are some of the common steps that are normally practiced by banks:

• Will have to file a written application to reactivate your dormant account. and/or
• Will ask to submit your KYC documents alongside your reactivation application (**as mentioned above). and/or
• Will ask for a small deposit to keep your account safe from going dormant again.

**Visiting the branch 'with KYC papers' for activating a dormant account is unheard of and not mandated by the banking regulator. Concept KYC/Re-KYC and changing the status of account active/inactive has completely different objectives.

RBI's active observations/directions on the subject 'inoperative account' are given below (Annexure-I & II).

If customer/s confront the bank insist that can they can do the due diligence based on the personal visit and a letter from the customer requesting operationalizing the account (and that such a letter can sign in presence of the bank official) who can verify the signature available on the records of the bank and activate it. If the account is inoperative for a very long time and the KYC is due for this account in the normal course one may seek documents or confirmation of no change in address using approved/authentic methods of communication.

KYC registry guidelines are clear both from the Government and RBI. It is seen that most of the banks are reluctant to open a new account based on the CKYC registry number (KIN) submitted by the customer they insist on submission of the photograph, ID proof, Address proof and replicate set of papers defeating the very purpose of introducing CKYC registry.

Last but not the least, In Aug 2021 I had visited ICICI Bank to open one additional account with it. Bank insisted 'Aadhaar' based opening account with 'TAB' (Bank stated one cannot open using physical form filling mode). Bank has my valid customer data (customer since 1999), refused to use the valid KYC data (available at its disposal), or open an additional account based on CKYC (KIN). Insisting Aadhar for non-govt benefit transfer account (Non-DBT A/C) is contempt of Supreme Court of India's directions, disregarding other (CKYC) is disregard to Law of the Land and directions of RBI on CKYC (KIN), insisting for photo ID and Address proof for any additional account is clear indication bank does not know the difference between a customer/style of account' and 'another account of the same relationship'. The corporate office partially budged but appears to be confused still and attempting to dodge the matter. (Currently under reference to CO, RBI).

I wish to suggest provide a simple tip every to customers who experience harassment. Every bank branch ought to have a complaint register. A customer can write a four-line complaint about the bank insisting on KYC documents to operationalize the inoperative account or not accepting CKYC (KIN), insisting on ID proof, address proof, photo, etc, insist on TAB banking (using Aadhar), asking OVD for each relationship of the same customer with the same bank. This simple four-line complaint registered in the branch will keep the matter rolling. The bank would be compelled to address the issue (by escalating it within the organization in a time-bound manner). It will cost nothing to the prospective customers/existing customers. With growing complaints, regulators also will be compelled to take action and over some time the systems will be tuned to follow the 'law of the land'.

'Autocratic' also 'restrictive practices' insisted upon by few banks and Financial Institutions resulting in 'mocking the law of the land' and wasting country's resources should be dealt with a hard hand and I wish that customers can join this crusade, to help the regulators to enforce its' directions. Many times regulators issue directions but do have active setup/machinery to enforce it, which results in this situation.

If I may make another bold statement that just likes the customer education segment in CEPD, RBI there is a need for the regulator to start a new segment to educate the junior bankers (their seniors too need proper advice/guidance at times), take action against silent senior officials of the banks for respecting and adhering to mandatory directions.

Annexure-1

RBI / 2008-09 / 138 DBOD.No.Leg. BC. 34 /09.07.005/2008-09 August 22, 2008

All Scheduled Commercial Banks (Excluding RRBs)

Dear Sir,

Unclaimed Deposits / Inoperative Accounts in banks

Please refer to our Circular DBOD.No.Com.BC.109/C.408/A-77 dated October 1, 1977, wherein banks were advised that deposit accounts that have not been operated upon over a period, say two years should be segregated and maintained in separate ledger/s. Further, banks were also advised vide our circular no. DBOD.No.Leg.BC.45/C.466 (IV) / 89 dated November 15, 1989, that they should ensure that their branches follow-up accounts which remained inoperative for a year or so by sending suitable advice to the customers and if the said letters are returned undelivered, they may immediately be put on enquiry to find out the whereabouts of customers or their legal heirs in case they are deceased.

2. In view of the increase in the amount of the unclaimed deposits with banks year after year and the inherent risk associated with such deposits, it is felt that banks should play a more proactive role in finding the whereabouts of the account holders whose accounts have remained inoperative. Further several complaints have been received in respect of difficulties faced by the customers on account of their accounts having been classified as inoperative. Moreover, there is a feeling that banks are undeservedly enjoying the unclaimed deposits, while paying no interest on it. Keeping these factors in view, we have reviewed the above instructions issued by us and advise banks to follow the instructions detailed below while dealing with inoperative accounts:

(i) Banks should make an annual review of accounts in which there are no operations (i.e. no credit or debit other than crediting of periodic interest or debiting of service charges) for more than one year. The banks may approach the customers and inform them in writing that there has been no operation in their accounts and ascertain the reasons for the same. In case the non operation in the account is due to shifting of the customers from the locality, they may be asked to provide the details of the new bank accounts to which the balance in the existing account could be transferred.

(ii) If the letters are returned undelivered, they may immediately be put on enquiry to find out the whereabouts of customers or their legal heirs in case they are deceased.

(iii) In case the whereabouts of the customers are not traceable, banks should consider contacting the persons who had introduced the account holder. They could also consider contacting the employer / or any other person whose details are available with them. They could also consider contacting the account holder telephonically in case his telephone number / Cell number has been furnished to the bank. In case of Non-Resident accounts, the bank may also contact the account holders through email and obtain their confirmation of the details of the account.

(iv) A savings, as well as current account, should be treated as inoperative/dormant if there are no transactions in the account for over a period of two years.

(v) In case any reply is given by the account holder giving the reasons for not operating the account, banks should continue classifying the same as an operative account for one more year within which period the account holder may be requested to operate the account. However, in case the account holder still does not operate the same during the extended period, banks should classify the same as an inoperative account after the expiry of the extended period.

(vi) For the purpose of classifying an account as 'inoperative' both the type of transactions i.e. debit as well as credit transactions induced at the instance of customers as well as third party should be considered. However, the service charges levied by the bank or interest credited by the bank should not be considered. (vii) Further, the segregation of the inoperative accounts is from the point of view of reducing risk of frauds etc. However, the customer should not be inconvenienced in any way, just because his account has been rendered inoperative. The classification is there only to bring to the attention of dealing staff, the increased risk in the account. The transaction may be monitored at a higher level both from the point of view of preventing fraud and making a Suspicious Transactions Report. However, the entire process should remain un-noticeable by the customer.

(viii) Operation in such accounts may be allowed after due diligence as per risk category of the customer. Due diligence would mean ensuring the genuineness of the transaction, verification of the signature and identity etc. However, it has to be ensured that the customer is not inconvenienced as a result of the extra care taken by the bank.

(ix) There should not be any charge for activation of the inoperative account.

(x) Banks are also advised to ensure that the amounts lying in the inoperative accounts ledger are properly audited by the internal auditors / statutory auditors of the bank.

(xi) Interest on savings bank accounts should be credited on a regular basis whether the account is operative or not. If a Fixed Deposit Receipt matures and proceeds are unpaid, the amount left unclaimed with the bank will attract savings bank rate of interest.

3. Banks may also consider launching a special drive for finding the whereabouts of the customers / legal heirs in respect of existing accounts, which have already been transferred to the separate ledger of 'inoperative accounts.

Yours faithfully

(Prashant Saran)

Chief General Manager-in-Charge

Annexure-II

RBI/2015-16/59 DBR No.Leg.BC.21/09.07.006/2015-16 July 1, 2015

All Scheduled Commercial Banks (Excluding RRBs)

Dear Sir,

Master Circular on Customer Service in Banks

('subject relevant text is shown below')

"24. Unclaimed Deposits / Inoperative Accounts in banks

Section 26 of the Banking Regulation Act, 1949 provides, inter alia, that every banking company shall, within 30 days after the close of each calendar year submit a return in the prescribed form and manner to the Reserve Bank of India as at the end of each calendar year (i.e., 31st December) of all accounts in India which have not been operated upon for 10 years.

24.2 because of the increase in the number of unclaimed deposits with banks year after year and the inherent risk associated with such deposits, banks should play a more proactive role in finding the whereabouts of the account holders whose accounts have remained inoperative. Further several complaints were received in respect of difficulties faced by the customers on account of their accounts having been classified as inoperative. Moreover, there is a feeling that banks are undeservedly enjoying the unclaimed deposits while paying no interest on it. Keeping these factors in view, the instructions issued by RBI have been reviewed and banks are advised to follow the instructions detailed below while dealing with inoperative accounts:

(i) Banks should make an annual review of accounts in which there are no operations (i.e., no credit or debit other than crediting of periodic interest or debiting of service charges) for more than one year. The banks may approach the customers and inform them in writing that there has been no operation in their accounts and ascertain the reasons for the same. In case the non-operation in the account is due to the shifting of the customers from the locality, they may be asked to provide the details of the new bank accounts to which the balance in the existing account could be transferred.

(ii) If the letters are returned undelivered, they may immediately be put on inquiry to find out the whereabouts of customers or their legal heirs in case they are deceased.

(iii) In case the whereabouts of the customers are not traceable, banks should consider contacting the persons who had introduced the account holder. They could also consider contacting the employer / or any other person whose details are available with them. They could also consider contacting the account holder telephonically in case his Telephone number / Cell number has been furnished to the bank. In the case of the Non DBR-Master Circular on Customer Service in Banks 2015 - 87 - Resident accounts, the bank may also contact the account holders through e-mail and obtain their confirmation of the details of the account. (iv) A savings, as well as a current account, should be treated as inoperative/dormant if there are no transactions in the account for over a period of two years.

(v) In case any reply is given by the account holder giving the reasons for not operating the account, banks should continue classifying the same as an operative account for one more year within which period the account holder may be requested to operate the account. However, in case the account holder still does not operate the same during the extended period, banks should classify the same as an inoperative account after the expiry of the extended period.

(vi) For the purpose of classifying an account as 'inoperative' both the type of transactions i.e., debit as well as credit transactions induced at the instance of customers as well as a third party should be considered. However, the service charges levied by the bank or interest credited by the bank should not be considered.

(vii) There may be instances where the customer has given a mandate for crediting the interest on Fixed Deposit account and/or crediting dividend on shares to the Savings Bank account and there are no other operations in the Savings Bank account. Since the interest on the Fixed Deposit account and/or dividend on shares is credited to the Savings Bank accounts as per the mandate of the customer, the same should be treated as a customer-induced transaction. As such, the account should be treated as an operative account as long as the interest on the Fixed Deposit account and/or dividend on shares is credited to the Savings Bank account. The Savings Bank account can be treated as an inoperative account only after two years from the date of the last credit entry of the interest on Fixed Deposit account and/or dividend on shares, whichever is later, provided there is no other customer induced transaction.

(viii) Further, the segregation of the inoperative accounts is from the point of view of reducing the risk of frauds etc. However, the customer should not be inconvenienced in any way, just because his account has been rendered inoperative. The classification is there only to bring to the attention of dealing staff, the increased risk in the account. The transaction may be monitored at a higher level both from the point of view of preventing DBR-Master Circular on Customer Service in Banks 2015 - 88 - fraud and making a Suspicious Transactions Report. However, the entire process should remain un-noticeable by the customer.

(ix) Operation in such accounts may be allowed after due diligence as per risk category of the customer. Due diligence would mean ensuring the genuineness of the transaction, verification of the signature and identity, etc. However, it has to be ensured that the customer is not inconvenienced as a result of the extra care taken by the bank.

(x) There should not be any charge for activation of the inoperative account.

(xi) Banks are also advised to ensure that the amounts lying in the inoperative accounts ledger are properly audited by the internal auditors / statutory auditors of the bank.

(xii) Interest on savings bank accounts should be credited on regular basis whether the account is operative or not. If a Fixed Deposit Receipt matures and proceeds are unpaid, the amount left unclaimed with the bank will attract savings bank rate of interest.

24.3 Banks may also consider launching a special drive for finding the whereabouts of the customers / legal heirs in respect of existing accounts which have already been transferred to the separate ledger of 'inoperative accounts.

24.4 Display list of Inoperative Accounts: Banks should, in addition to the instructions contained above, play a more proactive role in finding the whereabouts of the account holders of unclaimed deposits/ inoperative accounts. Banks are, therefore, advised that they should display the list of unclaimed deposits/inoperative accounts which are inactive/inoperative for ten years or more on their respective websites. The list so displayed on the websites must contain only the names of the account holder(s) and his/her address in respect of unclaimed deposits/inoperative accounts. In case such accounts are not in the name of individuals, the names of individuals authorized to operate the accounts should also be indicated. However, the account number, its type and the name of the branch shall not be disclosed on the bank's website. The list so published by the banks should also provide a "Find" option to enable the public to search the list of accounts by name of the account holder. DBR-Master Circular on Customer Service in Banks 2015 - 89 - Banks should also give on the same website, the information on the process of claiming the unclaimed deposit/activating the inoperative account and the necessary forms and documents for claiming the same. Banks are required to have adequate operational safeguards to ensure that the claimants are genuine"