Kaagazaat

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Authorisation to Operate a Bank Account

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  1. Where and when
  2. The Account Holder
  3. The Operator
  4. The account
  5. What the Operator may do
  6. Jurisdiction and witnesses

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AUTHORITY TO OPERATE A BANK ACCOUNT
(A limited banking mandate. Not a general power of attorney.)

Executed on __________ at __________ (__________).

NOTE TO THE BANK AND TO BOTH SIGNATORIES
This authority records the terms agreed between the Account Holder and the Operator, and is given to the Bank in support of a mandate request. It does not replace the Bank's own mandate form, specimen-signature card or KYC formalities, and the Bank may require all of those before the Operator is allowed to operate the Account. This is not a joint account, not a nomination and not a transfer of the money in the Account. The Operator receives authority to act. The Operator receives no ownership of a single rupee.

  1. THE PARTIES

1.1 Account Holder: __________, __________, aged __________ years, resident of __________, holding __________ no. __________ (referred to below as "the Account Holder", "I" and "me").

1.2 Operator: __________, __________, aged __________ years, resident of __________, holding __________ no. __________ (referred to below as "the Operator").

1.3 Relationship of the Operator to the Account Holder: __________.

  1. THE ACCOUNT

2.1 Bank: __________ ("the Bank").

2.2 Branch: __________ ("the Branch").

2.3 Account: the __________ bearing account no. __________ held at the Branch ("the Account").

  1. WHY I AM GIVING THIS AUTHORITY

3.1 My purpose is this: __________

3.2 The Operator must use the Account only for that purpose, and for nothing else.

  1. WHAT THE OPERATOR MAY DO

4.1 Subject to clauses 5 and 6, I authorise the Operator to do the following on the Account, and nothing beyond it: __________.

4.2 Mode of operation: __________

4.3 Every cheque, instruction, form or instrument that the Operator signs under this authority must be signed in a form that shows the Operator is signing for me and not personally, such as "__________, authorised to operate account no. __________ for __________", or in whatever form the Bank prescribes.

4.4 Payments to the Operator. Except for any fee recorded in clause 9 and paid in the manner stated there, the following applies: __________

  1. WHAT THE OPERATOR MAY NOT DO

The Operator has no authority, and must not attempt, to do any of the following:

(a) close the Account, or transfer it to another branch or another bank;

(b) make, change or cancel any nomination on the Account, or add or remove any account holder;

(c) apply for or use any loan, overdraft, credit card or other credit facility, or create any pledge, lien or security over the Account or over any deposit;

(d) break, renew or alter any fixed or recurring deposit linked to the Account;

(e) change the mobile number, email address, postal address, KYC records or internet or mobile banking credentials registered on the Account, or register any new device or channel;

(f) operate any safe deposit locker, demat account, trading account or insurance policy;

(g) open any new account, or make any investment, in my name;

(h) give any guarantee, indemnity or undertaking in my name;

(i) appoint a substitute, sub-agent or further attorney, or delegate this authority to anyone. The authority is personal to the Operator, and s.190 of the Indian Contract Act, 1872 does not permit its delegation here;

(j) do anything in relation to immovable property, or anything in any tax, court, tribunal, company or regulatory matter. Clause 12 explains why;

(k) use, ask for, or hold my debit card, ATM PIN, internet or mobile banking user ID or password, security token, or any one-time password sent to me. I must not give the Operator any of these. Any electronic transfer the Operator is authorised to make must be made by written instruction signed at the Branch in the form required by clause 4.3, or through a channel the Bank has itself issued to the Operator in the Operator's own name as mandate holder. Sharing cards, PINs, passwords or one-time passwords breaches the Bank's terms and forfeits my limited-liability protection for unauthorised electronic transactions.

  1. LIMITS ON WHAT MAY BE DRAWN

6.1 The Operator must not draw on the Account beyond the cleared balance available in it. Only the limits actually set out in this clause apply: where no figure is stated below, this authority imposes no cap of its own on the size or the number of transactions, and the protection that a cap would give is not present.

6.2 The Operator must not split or structure a transaction, or route it through another account, in order to work around any limit in this authority.

6.3 Any transaction outside clause 4, or in breach of clause 5 or clause 6, is unauthorised, and the Operator is personally answerable to me for it.

  1. WHEN THIS AUTHORITY STARTS AND WHEN IT ENDS

7.1 This authority takes effect on __________ and continues until it ends under this clause.

7.2 This is an ordinary agency and I may revoke it at any time, for any reason, under s.201 of the Indian Contract Act, 1872. It is not a power coupled with an interest and s.202 of that Act does not apply to it, because the Operator has no interest of their own in the Account or in the money in it. Where a fee and a fixed period have both been agreed, revoking early may attract compensation to the Operator under s.205 of that Act.

7.3 This authority also ends automatically, without any notice, on the earliest of: my death; my becoming of unsound mind, whether or not any court has declared it (s.201, Indian Contract Act, 1872); my being adjudged insolvent; the death or incapacity of the Operator; or the closure of the Account.

7.4 How to revoke it properly. Under s.208 of the Indian Contract Act, 1872 a revocation binds the Operator only when it becomes known to the Operator, and binds other people only when it becomes known to them; under s.207 of that Act a revocation may be express or implied. So to revoke this authority I must do all of the following:

(a) give the Operator written notice of revocation, and keep proof of delivery;

(b) give the Branch written notice of revocation, obtain the Bank's written acknowledgement of it, and ask the Bank to record it against the Account;

(c) stop payment on any unused cheques signed by the Operator; and

(d) recover from the Operator every cheque book, withdrawal slip and passbook relating to the Account, together with any card, token or other instrument that the Bank has issued to the Operator in the Operator's own name under the mandate.

7.5 Anything the Operator lawfully does under this authority before the revocation becomes known to the Operator binds me. Anything the Bank does in good faith before the earlier of (i) the expiry of this authority under clause 7.1 and (ii) the Bank's actual receipt at the Branch of written notice of the revocation, or of my death, binds me.

7.6 On my death this authority is over, whatever the Bank's records show. The Operator must not touch the Account after my death, even for a moment and even if the Bank has not yet been informed. The money then belongs to my estate. A nominee registered under s.45ZA of the Banking Regulation Act, 1949 receives it as a trustee for the persons entitled under succession law and does not become its owner: Ram Chander Talwar v. Devender Kumar Talwar, (2010) 10 SCC 671.

  1. WHAT THE OPERATOR MUST DO

8.1 The Operator must act honestly, in my interest alone, within the limits of this authority, and with the care of a prudent person handling someone else's money.

8.2 The Operator must not mix the money of the Account with the Operator's own money. Except for any fee recorded in clause 9, the Operator must not take any personal profit or benefit from this authority.

8.3 The Operator must keep proper records, bills, vouchers and receipts of every transaction, and must render accounts to me on demand, as s.213 of the Indian Contract Act, 1872 requires.

8.4 Accounting to me: __________

8.5 The Operator must pay over to me, or apply for the stated purpose, every sum received on my account, as s.218 of the Indian Contract Act, 1872 requires.

8.6 When this authority ends, the Operator must at once hand back all cheque books, passbooks, statements, records and unused instruments relating to the Account, together with any card or token the Bank has issued to the Operator in the Operator's own name under the mandate, and give me a final account.

8.7 The Operator shall indemnify me against every loss, cost and liability caused by the Operator's breach of this authority, dishonesty, fraud or negligence.

  1. MONEY FOR THE OPERATOR

9.1 Apart from reimbursement of out-of-pocket expenses actually and properly incurred in operating the Account, supported by receipts, and apart from any fee expressly recorded in this clause, the Operator is not entitled to any remuneration for acting under this authority.

  1. NO OWNERSHIP, NO JOINT HOLDING, NO GIFT

10.1 This authority gives the Operator no ownership, share, interest or beneficial right in the Account or in any money in it.

10.2 It does not make the Operator a joint holder, a survivor, a nominee, a legatee or an heir.

10.3 Money withdrawn by the Operator remains mine and is held by the Operator on my behalf until it is spent for the purpose in clause 3 or returned to me.

10.4 This document is not a will, not a nomination, not a gift and not a settlement, and nothing in it is to be read as passing anything to the Operator on my death.

  1. THE BANK'S POSITION

11.1 The Bank may act on this authority, and on instructions given under it, until the earlier of (i) the expiry of this authority under clause 7.1 and (ii) the Bank's actual receipt at the Branch of written notice of its revocation, or of my death. I indemnify the Bank against all claims, losses and costs arising from the Bank acting in good faith on such instructions before that point, except where the Bank has been negligent or has acted in bad faith.

11.2 The Bank may require its own mandate form, its own indemnity, KYC of the Operator, the Operator's in-person attendance and specimen signatures, and periodic re-confirmation from me. This document supports those formalities. It does not replace them.

11.3 Nothing in this document obliges the Bank to accept the mandate. The Bank may refuse it or accept it subject to conditions.

11.4 If the Account is an NRE or NRO account, the Operator may operate it only to the extent permitted under the Foreign Exchange Management Act, 1999, the regulations on deposits made under it and the Bank's own rules. In particular, a mandate holder resident in India is generally permitted to make local rupee payments and to remit funds to the account holder personally, and is not permitted to gift or transfer funds to any other person or to repatriate funds abroad to anyone else.

  1. THIS IS NOT A POWER OVER PROPERTY

12.1 This is a limited banking mandate. It gives the Operator no authority whatever in relation to any immovable property: no power to sell, agree to sell, gift, mortgage, lease, licence, surrender or possess, and no power to appear or present any document before any Sub-Registrar.

12.2 In any event, a power of attorney conveys no title to immovable property. A sale by way of a general power of attorney, an agreement to sell and a will passes no title and confers no ownership: Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656. Anyone who is being asked to accept such an arrangement should take advice before parting with money.

12.3 If a power over property, or a power for tax, court, company or other matters, is genuinely needed, it must be a separate instrument, stamped and, where the law requires, registered.

  1. DECLARATIONS

13.1 I declare that I am a major and of sound mind, that I understand this authority and its consequences, that I sign it of my own free will without coercion or undue influence, and that I have not been adjudged insolvent.

13.2 I declare that I am the holder of the Account and, where it is jointly held, that every joint holder has joined in this authority.

13.3 The Operator declares that the Operator is a major, competent to contract, and not disqualified from acting.

  1. NOTICES

Every notice under this authority must be in writing and delivered by hand against written acknowledgement, or by registered post with acknowledgement due, or by a reputed courier, to the addresses in clause 1. A notice to the Bank must be delivered at the Branch and acknowledged in writing by the Bank.

  1. GOVERNING LAW AND JURISDICTION

This authority is governed by the laws of India, and the courts at __________ shall have exclusive jurisdiction over any dispute arising out of it.

SIGNED BY THE ACCOUNT HOLDER

_______________________________
__________
Account Holder
Date: __________
Place: __________

IF THE ACCOUNT HOLDER CANNOT SIGN OR READ

Where the Account Holder signs by thumb impression, or cannot read this authority, its contents must first be read over and explained to the Account Holder in a language the Account Holder understands, by a person who is not the Operator and not a relative of the Operator. That person and one other independent adult must certify below, and the Branch must verify the thumb impression under its own procedure.

Contents read over and explained by —
Name: _______________________ Signature: _______________________

Independent attesting witness —
Name: _______________________ Signature: _______________________

ACCEPTED BY THE OPERATOR

I have read this authority. I accept it on the terms set out in it, I will act only within the limits it lays down, and I acknowledge that the money in the Account is not mine.

_______________________________
__________
Operator
Specimen signatures for the Bank:

  1. _______________ 2. _______________ 3. _______________

WITNESS 1

_______________________________
Signature
Name:
Address:

WITNESS 2

_______________________________
Signature
Name:
Address:

FOR BANK USE

Received at __________ on __________. Mandate recorded against account no. __________. Expiry date, if any, recorded: __________. Operator's KYC verified and signature attested by:

Name and designation: _______________________ Signature and branch stamp: _______________________

The rest stays out of view until every answer is in.

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AUTHORITY TO OPERATE A BANK ACCOUNT
(A limited banking mandate. Not a general power of attorney.)

Executed on __________ at __________ (__________).

NOTE TO THE BANK AND TO BOTH SIGNATORIES
This authority records the terms agreed between the Account Holder and the Operator, and is given to the Bank in support of a mandate request. It does not replace the Bank's own mandate form, specimen-signature card or KYC formalities, and the Bank may require all of those before the Operator is allowed to operate the Account. This is not a joint account, not a nomination and not a transfer of the money in the Account. The Operator receives authority to act. The Operator receives no ownership of a single rupee.

  1. THE PARTIES

1.1 Account Holder: __________, __________, aged __________ years, resident of __________, holding __________ no. __________ (referred to below as "the Account Holder", "I" and "me").

1.2 Operator: __________, __________, aged __________ years, resident of __________, holding __________ no. __________ (referred to below as "the Operator").

1.3 Relationship of the Operator to the Account Holder: __________.

  1. THE ACCOUNT

2.1 Bank: __________ ("the Bank").

2.2 Branch: __________ ("the Branch").

2.3 Account: the __________ bearing account no. __________ held at the Branch ("the Account").

  1. WHY I AM GIVING THIS AUTHORITY

3.1 My purpose is this: __________

3.2 The Operator must use the Account only for that purpose, and for nothing else.

  1. WHAT THE OPERATOR MAY DO

4.1 Subject to clauses 5 and 6, I authorise the Operator to do the following on the Account, and nothing beyond it: __________.

4.2 Mode of operation: __________

4.3 Every cheque, instruction, form or instrument that the Operator signs under this authority must be signed in a form that shows the Operator is signing for me and not personally, such as "__________, authorised to operate account no. __________ for __________", or in whatever form the Bank prescribes.

4.4 Payments to the Operator. Except for any fee recorded in clause 9 and paid in the manner stated there, the following applies: __________

  1. WHAT THE OPERATOR MAY NOT DO

The Operator has no authority, and must not attempt, to do any of the following:

(a) close the Account, or transfer it to another branch or another bank;

(b) make, change or cancel any nomination on the Account, or add or remove any account holder;

(c) apply for or use any loan, overdraft, credit card or other credit facility, or create any pledge, lien or security over the Account or over any deposit;

(d) break, renew or alter any fixed or recurring deposit linked to the Account;

(e) change the mobile number, email address, postal address, KYC records or internet or mobile banking credentials registered on the Account, or register any new device or channel;

(f) operate any safe deposit locker, demat account, trading account or insurance policy;

(g) open any new account, or make any investment, in my name;

(h) give any guarantee, indemnity or undertaking in my name;

(i) appoint a substitute, sub-agent or further attorney, or delegate this authority to anyone. The authority is personal to the Operator, and s.190 of the Indian Contract Act, 1872 does not permit its delegation here;

(j) do anything in relation to immovable property, or anything in any tax, court, tribunal, company or regulatory matter. Clause 12 explains why;

(k) use, ask for, or hold my debit card, ATM PIN, internet or mobile banking user ID or password, security token, or any one-time password sent to me. I must not give the Operator any of these. Any electronic transfer the Operator is authorised to make must be made by written instruction signed at the Branch in the form required by clause 4.3, or through a channel the Bank has itself issued to the Operator in the Operator's own name as mandate holder. Sharing cards, PINs, passwords or one-time passwords breaches the Bank's terms and forfeits my limited-liability protection for unauthorised electronic transactions.

  1. LIMITS ON WHAT MAY BE DRAWN

6.1 The Operator must not draw on the Account beyond the cleared balance available in it. Only the limits actually set out in this clause apply: where no figure is stated below, this authority imposes no cap of its own on the size or the number of transactions, and the protection that a cap would give is not present.

6.2 The Operator must not split or structure a transaction, or route it through another account, in order to work around any limit in this authority.

6.3 Any transaction outside clause 4, or in breach of clause 5 or clause 6, is unauthorised, and the Operator is personally answerable to me for it.

  1. WHEN THIS AUTHORITY STARTS AND WHEN IT ENDS

7.1 This authority takes effect on __________ and continues until it ends under this clause.

7.2 This is an ordinary agency and I may revoke it at any time, for any reason, under s.201 of the Indian Contract Act, 1872. It is not a power coupled with an interest and s.202 of that Act does not apply to it, because the Operator has no interest of their own in the Account or in the money in it. Where a fee and a fixed period have both been agreed, revoking early may attract compensation to the Operator under s.205 of that Act.

7.3 This authority also ends automatically, without any notice, on the earliest of: my death; my becoming of unsound mind, whether or not any court has declared it (s.201, Indian Contract Act, 1872); my being adjudged insolvent; the death or incapacity of the Operator; or the closure of the Account.

7.4 How to revoke it properly. Under s.208 of the Indian Contract Act, 1872 a revocation binds the Operator only when it becomes known to the Operator, and binds other people only when it becomes known to them; under s.207 of that Act a revocation may be express or implied. So to revoke this authority I must do all of the following:

(a) give the Operator written notice of revocation, and keep proof of delivery;

(b) give the Branch written notice of revocation, obtain the Bank's written acknowledgement of it, and ask the Bank to record it against the Account;

(c) stop payment on any unused cheques signed by the Operator; and

(d) recover from the Operator every cheque book, withdrawal slip and passbook relating to the Account, together with any card, token or other instrument that the Bank has issued to the Operator in the Operator's own name under the mandate.

7.5 Anything the Operator lawfully does under this authority before the revocation becomes known to the Operator binds me. Anything the Bank does in good faith before the earlier of (i) the expiry of this authority under clause 7.1 and (ii) the Bank's actual receipt at the Branch of written notice of the revocation, or of my death, binds me.

7.6 On my death this authority is over, whatever the Bank's records show. The Operator must not touch the Account after my death, even for a moment and even if the Bank has not yet been informed. The money then belongs to my estate. A nominee registered under s.45ZA of the Banking Regulation Act, 1949 receives it as a trustee for the persons entitled under succession law and does not become its owner: Ram Chander Talwar v. Devender Kumar Talwar, (2010) 10 SCC 671.

  1. WHAT THE OPERATOR MUST DO

8.1 The Operator must act honestly, in my interest alone, within the limits of this authority, and with the care of a prudent person handling someone else's money.

8.2 The Operator must not mix the money of the Account with the Operator's own money. Except for any fee recorded in clause 9, the Operator must not take any personal profit or benefit from this authority.

8.3 The Operator must keep proper records, bills, vouchers and receipts of every transaction, and must render accounts to me on demand, as s.213 of the Indian Contract Act, 1872 requires.

8.4 Accounting to me: __________

8.5 The Operator must pay over to me, or apply for the stated purpose, every sum received on my account, as s.218 of the Indian Contract Act, 1872 requires.

8.6 When this authority ends, the Operator must at once hand back all cheque books, passbooks, statements, records and unused instruments relating to the Account, together with any card or token the Bank has issued to the Operator in the Operator's own name under the mandate, and give me a final account.

8.7 The Operator shall indemnify me against every loss, cost and liability caused by the Operator's breach of this authority, dishonesty, fraud or negligence.

  1. MONEY FOR THE OPERATOR

9.1 Apart from reimbursement of out-of-pocket expenses actually and properly incurred in operating the Account, supported by receipts, and apart from any fee expressly recorded in this clause, the Operator is not entitled to any remuneration for acting under this authority.

  1. NO OWNERSHIP, NO JOINT HOLDING, NO GIFT

10.1 This authority gives the Operator no ownership, share, interest or beneficial right in the Account or in any money in it.

10.2 It does not make the Operator a joint holder, a survivor, a nominee, a legatee or an heir.

10.3 Money withdrawn by the Operator remains mine and is held by the Operator on my behalf until it is spent for the purpose in clause 3 or returned to me.

10.4 This document is not a will, not a nomination, not a gift and not a settlement, and nothing in it is to be read as passing anything to the Operator on my death.

  1. THE BANK'S POSITION

11.1 The Bank may act on this authority, and on instructions given under it, until the earlier of (i) the expiry of this authority under clause 7.1 and (ii) the Bank's actual receipt at the Branch of written notice of its revocation, or of my death. I indemnify the Bank against all claims, losses and costs arising from the Bank acting in good faith on such instructions before that point, except where the Bank has been negligent or has acted in bad faith.

11.2 The Bank may require its own mandate form, its own indemnity, KYC of the Operator, the Operator's in-person attendance and specimen signatures, and periodic re-confirmation from me. This document supports those formalities. It does not replace them.

11.3 Nothing in this document obliges the Bank to accept the mandate. The Bank may refuse it or accept it subject to conditions.

11.4 If the Account is an NRE or NRO account, the Operator may operate it only to the extent permitted under the Foreign Exchange Management Act, 1999, the regulations on deposits made under it and the Bank's own rules. In particular, a mandate holder resident in India is generally permitted to make local rupee payments and to remit funds to the account holder personally, and is not permitted to gift or transfer funds to any other person or to repatriate funds abroad to anyone else.

  1. THIS IS NOT A POWER OVER PROPERTY

12.1 This is a limited banking mandate. It gives the Operator no authority whatever in relation to any immovable property: no power to sell, agree to sell, gift, mortgage, lease, licence, surrender or possess, and no power to appear or present any document before any Sub-Registrar.

12.2 In any event, a power of attorney conveys no title to immovable property. A sale by way of a general power of attorney, an agreement to sell and a will passes no title and confers no ownership: Suraj Lamp & Industries (P) Ltd. v. State of Haryana, (2012) 1 SCC 656. Anyone who is being asked to accept such an arrangement should take advice before parting with money.

12.3 If a power over property, or a power for tax, court, company or other matters, is genuinely needed, it must be a separate instrument, stamped and, where the law requires, registered.

  1. DECLARATIONS

13.1 I declare that I am a major and of sound mind, that I understand this authority and its consequences, that I sign it of my own free will without coercion or undue influence, and that I have not been adjudged insolvent.

13.2 I declare that I am the holder of the Account and, where it is jointly held, that every joint holder has joined in this authority.

13.3 The Operator declares that the Operator is a major, competent to contract, and not disqualified from acting.

  1. NOTICES

Every notice under this authority must be in writing and delivered by hand against written acknowledgement, or by registered post with acknowledgement due, or by a reputed courier, to the addresses in clause 1. A notice to the Bank must be delivered at the Branch and acknowledged in writing by the Bank.

  1. GOVERNING LAW AND JURISDICTION

This authority is governed by the laws of India, and the courts at __________ shall have exclusive jurisdiction over any dispute arising out of it.

SIGNED BY THE ACCOUNT HOLDER

_______________________________
__________
Account Holder
Date: __________
Place: __________

IF THE ACCOUNT HOLDER CANNOT SIGN OR READ

Where the Account Holder signs by thumb impression, or cannot read this authority, its contents must first be read over and explained to the Account Holder in a language the Account Holder understands, by a person who is not the Operator and not a relative of the Operator. That person and one other independent adult must certify below, and the Branch must verify the thumb impression under its own procedure.

Contents read over and explained by —
Name: _______________________ Signature: _______________________

Independent attesting witness —
Name: _______________________ Signature: _______________________

ACCEPTED BY THE OPERATOR

I have read this authority. I accept it on the terms set out in it, I will act only within the limits it lays down, and I acknowledge that the money in the Account is not mine.

_______________________________
__________
Operator
Specimen signatures for the Bank:

  1. _______________ 2. _______________ 3. _______________

WITNESS 1

_______________________________
Signature
Name:
Address:

WITNESS 2

_______________________________
Signature
Name:
Address:

FOR BANK USE

Received at __________ on __________. Mandate recorded against account no. __________. Expiry date, if any, recorded: __________. Operator's KYC verified and signature attested by:

Name and designation: _______________________ Signature and branch stamp: _______________________

Reading costs nothing. Keeping a copy needs an account.

The opening of the draft is on this page as you answer it. Once every answer is in, the button below opens the whole draft, watermarked — still without an account. Printing it, or keeping a clean copy, is where an account is asked for. That is the whole arrangement.

A kept copy has to belong to somebody, and that is the reason for the account. There is nothing further to it.

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