Other Non-Trading Institutions ๐ก๏ธ
1. Trust Accounts ๐ค
Definition: A Trust is an obligation annexed to ownership of property for the benefit of another (Beneficiary).
- Author: Creator of trust.
- Trustee: Manager of trust property.
- Beneficiary: Person for whom trust is created.
Documents Required:
- Trust Deed: The Bible of the trust! (Contains powers, objectives).
- Registration Certificate (Public Trusts).
- Resolution of Trustees.
Rules for Bankers:
- Read the Deed: Check if Trustees have power to open account/borrow.
- All Trustees must join: Unless Deed allows delegation, ALL trustees must act jointly.
- No Personal Benefit: Trustee cannot mix trust money with personal money.
- Charitable Trusts: Need clearance from Charity Commissioner (in some states).
- Death: On death of a trustee, office passes to surviving trustees (or new trustee appointed as per Deed).
2. Executors and Administrators โ๏ธ
When a person dies leaving a Will:
- Executor: Person named in the Will to manage property.
- Probate: Court order certifying the Will.
When a person dies WITHOUT a Will (Intestate):
- Administrator: Person appointed by Court to manage property.
- Letter of Administration: Court order appointing him.
Banking Operations:
- Account Name: "Estate of Late Mr. X, by Executor Mr. Y".
- Powers: Executor derives title from Will (immediately on death). Administrator derives title from Court Order.
- Joint Executors: Usually, any one can operate (unlike Trustees who must act jointly).
- Borrowing: Only for paying "Death Duties" or preserving assets.
3. Joint Hindu Family (HUF) ๐๏ธ
Definition: Family business governed by Hindu Law.
- Karta: Head of family (Senior most male/female).
- Coparceners: Other members (have birthright).
Rules:
- Karta operates: Only Karta has implied power to manage and borrow.
- Joint Family Letter: Signed by all adult coparceners (to bind them).
- Death of Karta: Senior most coparcener becomes new Karta.
Quiz Time! ๐ฏ
Test Your Knowledge
Question 1 of 5
1. Main document for Trust account is:
๐ก Final Wisdom: "Trustees and Executors are handling 'God's money' or 'Dead man's money'. Bankers must ensure it's not misused!" ๐ก๏ธ๐ป
๐ UNIT II COMPLETE! You have mastered the Banker-Customer Relationship. From Minors to Companies to Trusts!
Next Unit: Unit III: Negotiable Instruments - Cheques, Bills & Endorsements! โ๏ธ
