Managing key elements of Fraud Risk in Banks

This article examines the key elements of RBI’s Master Directions on Fraud Risk Management, focusing on RFAs, EWS, staff accountability, and governance requirements. Red Flagged Accounts (RFA) A Red Flagged Account is identified when one or more Early Warning Signals indicate the possibility of fraudulent activity in a loan or credit facility. RBI mandates banks…

Perfecting Loan Documentation: A Practical Compliance Checklist for Bankers

This article is to equip bank staff with a practical, compliance-oriented understanding of loan documentation, ensuring creation of legally valid, enforceable, and error-free loan documents. 1. What is Loan Documentation? Loan documentation refers to the systematic process of obtaining, executing, and preserving documents strictly in accordance with sanction terms, applicable laws, and regulatory requirements. Proper…

Garnishee and Income Tax Attachment Orders: A Banker’s Guide

Banks frequently receive garnishee orders from civil courts and attachment orders from the Income Tax Department, both of which require immediate and careful action. These orders mandate banks to freeze customer accounts and remit funds to creditors or tax authorities, subject to statutory conditions. Given the legal sensitivity involved, banks must act promptly, accurately, and…

Understanding Limited Liability Partnerships (LLPs) in India

Limited Liability Partnerships (LLPs) represent a hybrid business structure that combines the flexibility of partnerships with the liability protections of companies. Enacted under the Limited Liability Partnership Act, 2008, LLPs have gained prominence among professionals like chartered accountants, lawyers, and SMEs in India for their balanced regulatory framework. Key Features LLPs operate as separate legal…

Name Change after Marriage? RBI’s KYC Relaxation under PML Rules Explained

Background: PML Rules and Name Change The Prevention of Money-laundering (Maintenance of Records) Rules, 2005 define what constitutes an officially valid document (OVD) for KYC purposes. ​To ease difficulties faced by individuals whose names change after marriage or otherwise, the Government notified the Prevention of Money-laundering (Maintenance of Records) Third Amendment Rules, 2015 (G.S.R. 730(E)…