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Escrow Current Account Guidelines

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0% found this document useful (0 votes)
7 views4 pages

Escrow Current Account Guidelines

Uploaded by

amolkumarf
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Annexure-I

ESCROW CURRENT ACCOUNT PRODUCT VARIANT FEATURES AND OPERATING


GUIDELINES

Sr No. Particulars Product Features


i. Product Name Escrow Current Account
ii. Product Code & Description 5011-2601 : CA-Escrow-INR
iii. Authorized Branches Scale-IV and above incumbency branches only.
iv. Purpose of Account General Purpose Escrow, TRA, Payment
Aggregators, Mergers & Acquisitions etc. except
Realtors Current Account.
v. Customer Types Non-Individual Customers
vi. MAB Nil
vii. Free Monthly Cash Deposit limit Rs.5,00,000/- per month including Home, Non-
Home Branches, CDM/AWDM etc. Beyond free
limits cards rates will be applied.
viii. Cash Deposit Limit at Non- Home Maximum Rs. 5 lacs per day
Branches
ix. Cheque Book facility Not allowed
x. Mode of Deposit Deposit from all modes/channels are allowed.
xi. Collection through Insta Deposit Allowed
Card
xii. ATM-Debit Card Not allowed
xiii. CINB View rights only*
*CINB rights (view only) will be given on request of the customer, whose CIF is used for
opening of Escrow Current Account.
xiv. Other Channel payment/ IMPS Not allowed
xv. ECS Debit Mandate Not allowed
xvi. Standing instruction Not allowed
xvii. Charges for Non-maintenance of Nil
Minimum MAB
xviii. Change of Product Code from Not allowed
Normal variant to Escrow CA
variant and vice-versa
xix. Annual Account Keeping Charges Nil
xx. SMS Alerts charges Nil
xxi. All other Charges applicable i.e. As per card rates
RTGS/NEFT, DD/BC etc.
xxii. Statement of account Monthly free to Escrow related parties as per
escrow agreement. (one time)
xxiii. Account closure changes Nil
xxiv. Debit to account by non- Not Allowed: Except for CCPCs & CMPOC.**
Home Branches
**In case any transaction has been done erroneously at home/non-home branches, then
the correction entry is allowed only on the same day. Reversal of transactions on
subsequent days, is permitted only at the home branch. In cases of error or dispute, the
branch, where transaction took place, should coordinate with Escrow CA home branch
to reverse the amount. The transacting branch will provide the necessary documentary
evidence to the home branch to support the reversal for erroneous or disputed amount.
xxv. Hold and Lien Marking by Non- Not Allowed
Home Branches
2. Escrow/TRA Account opening and maintenance charges:

Sr No. Particulars Charges Annual Fee


i. Escrow/TRA agreement Rs.25,000/- + GST Rs.10,000/- +GST
charges other than(upfront and one time at per annum.
loan/advance purpose. the time of account
opening)
ii. TRA agreement for As per CPPD instructions/Circulars issued from
loan/advances purpose time to time.

Latest e-Circular no. CCO/CPPD-ADV/125/


2022 – 23 issued on 24.02.2023.
iii. All other charges As per the card rates.
iv. The Escrow agreement and annual charges are to be recovered upfront every
year by the branch manually. It should be ensured that the charges for
subsequent years are recovered on the anniversary date of opening the
account.

3. Other operational instructions for opening and maintenance of Escrow Current


Account variant:

i) Only scale-IV and above incumbency branches are authorized to open and maintain
Escrow Current Account. TB/ Liability Hubs are not authorized to open Escrow
Current Accounts.

ii) Regional Manager/ Officer not below the rank of AGM will be the Appropriate Authority
to give approval for opening of every Escrow Current Account. The purpose for
opening of account should be clearly mentioned in the approval. A format for
approval of opening Escrow Current Account is placed as Annexure-II.

iii) Branch will execute an Escrow Agreement with all related Escrow parties for opening
of every Escrow Current Account. The agreement will be duly vetted by Law Officer
posted at AO/LHO. A model Escrow Agreement is as Annexure-III, for ready
reference.

iv) Separate Escrow Current Account will be opened for each Escrow Agreement.
Branch cannot use one Escrow Account for multiple Escrow Agreements.

v) A separate annexure should be attached as a part of Escrow Agreement with


following clause:

a. Name of the escrow parties, who can receive Statement of Account.


b. SMS alerts to be sent only to the Registered Mobile Number registered in the
CIF in which Escrow Account (Name of the Account ………………………….) is
opened.
c. CINB Rights (view only) to be given on request of the customer whose CIF (CIF
Name………………) is used for opening of Escrow Account (Name of the
Account………………………………….).
d. This annexure should be also vetted by the Bank’s Law Officer at AO/LHO.
vi) Branch will obtain AOF, all KYC documents, beneficial owners’ details, authorized
signatories, and other account related documents etc, for all related escrow parties
as per Bank’s extant instructions.

vii) Branch will capture beneficial owners’ details in CBS as per extant instructions of
the Bank.

viii) Branch will submit AOF, KYC documents, other related documents, copy of Escrow
Agreement and approval of Regional Manager/ Officer not below the rank of AGM to
LCPC through CKYC Workflow for activation of account. A copy of these documents
and original Escrow Agreement should also be kept at branch for record, and
ready reference.

ix) Branch shall capture critical agreement points / escrow instructions for operations in
the account in CBS under menu “Image Maintenance > Create/Modify Mandate”
while uploading of signature.

x) LCPCs will activate the account after, verification of AOF, KYC documents, copy of
Escrow Agreement and approval of Regional Manager/ Officer not below the rank of
AGM for opening of account.

xi) Account will be opened as per Escrow Agreement. (Please refer attached Model
Escrow Agreement Schedule-I, point no 6).

xii) In case of any corrigendum / changes in Escrow Agreement after opening of the
account, branch will implement corrigendum / changes, only after getting it vetted by
Bank’s Law Officer at AO/LHO.

xiii) Payments/debit transactions in this account will be permitted only through Home
Branch upon submission of the necessary documents/ completion of the
requirements, as per the Escrow arrangement and on submission of written request
to the branch.

xiv) In case of any dispute/complaint between Escrow customers, branch will stop
transactions in the account, and transaction will be restored only after written request
jointly given by the all the parties to the Escrow agreement.

xv) Branch to ensure that the operation in the account are carried out strictly in terms of the
Escrow Agreement.

xvi) The balances lying in Escrow account will not be considered as security for any fund
based / non-fund based credit facility avail/availed from the Bank. However, Branch
will act upon for all types of regulatory, statutory, garnishee, judiciary orders etc.

xvii) Branch cannot recover loan installments, interest, or exercise right to set off against
this account. However, it will recover all Escrow Account related charges from this
account.

xviii) This is a specialized Current Account Product variant; Change of Product Code and
Home Branch of the account will not be permitted.
xix) The beneficiary / ies who will receive payment from the Escrow Current Account
should be advised to open a Current Account (Regular / Premium) with us to facilitate
seamless and quick transfer of funds.

xx) All parties to the Escrow agreement will be eligible to receive first/original monthly
statement of account FREE as per the Bank’s extant guidelines.

xxi) SMS alerts will be sent only to the mobile number registered in the CIF in which
Escrow Current account is maintained.

xxii) Escrow account will be opened for specific purpose / project. After completion of the
project / underlying arrangement the account will be closed.

xxiii) Branch will ensure meticulous compliance all Current Account related guidelines
issued by bank time to time.

xxiv) All other Circular instructions and operational guidelines issued in relation to Current
Accounts will be applicable to Escrow Current Account.

Common questions

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ATM-Debit Cards are not allowed for the Escrow Current Account, reflecting the account's purpose for managed transactional operations rather than personal or routine business use. SMS alerts are only sent to the mobile number registered in the Customer Information File (CIF) associated with the Escrow Account, ensuring secure and relevant communication to the designated primary contact .

Any changes or corrections to the Escrow Agreement after account opening must first be vetted by the bank's Law Officer at the Administrative Office (AO) or Local Head Office (LHO). This policy ensures that changes are legally compliant and reflect the agreement’s original intent. The requirement for legal vetting acts as a safeguard against unauthorized or erroneous modifications that could compromise the agreement's integrity .

Capturing critical agreement points within the Core Banking System (CBS) ensures that all operational limitations, mandates, and specific instructions related to the Escrow Account are systematically recorded and accessible. This practice supports consistent compliance with the terms of the agreement and facilitates streamlined transaction processing aligned with the specific provisions of the Escrow arrangements .

If a dispute arises between parties to an Escrow agreement, the branch must halt all transactions until a joint written request to resume operations is submitted by all parties to the Escrow agreement. This approach ensures that transactions only proceed when consensus is reached among the involved parties, minimizing the risk of unilateral actions during disputes .

Branches are required to obtain the Account Opening Form (AOF), Know Your Customer (KYC) documents, details of beneficial owners, and information on authorized signatories for all parties to the Escrow agreement. These documents must be submitted through the Central KYC Repository for activation. This process is critical to ensure compliance with regulatory standards, establish the legitimacy of parties involved, and prevent fraudulent account activity .

The approval for opening an Escrow Current Account must be given by a Regional Manager or an officer not below the rank of Assistant General Manager (AGM). The purpose for opening the account must be clearly mentioned in the approval document. This ensures that only adequately experienced and authorized personnel are involved in the approval process, maintaining the integrity and compliance of the escrow account operations .

The Escrow Current Account restricts transactions at non-home branches to ensure control and security of funds, as it involves multiple parties and specific agreements. The only exception to this rule is for Centralized Processing Centers (CCPCs) & Centralized Monitoring Processing Offices (CMPOC). In cases of errors or disputes, transactions may only be corrected on the same day by coordinating with the home branch, ensuring careful management and accountability of transactions .

The Escrow Current Account allows a free monthly cash deposit of Rs. 5,00,000 across home and non-home branches, with a daily maximum of Rs. 5 lacs at non-home branches. Beyond these limits, standard card rates apply. This guideline ensures managed cash flow while encouraging digital transactions, reducing operational risks, and aligning with policies that prevent excessive manual cash handling .

Balances in an Escrow Current Account cannot be used as security for any fund-based or non-fund-based credit facilities. The account is designed specifically for the management of funds tied to an Escrow Agreement, and the integrity of these funds must be maintained independently of credit agreements. However, the Bank must comply with all types of regulatory, statutory, garnishee, or judiciary orders that may affect account balances .

Each Escrow Current Account must have a separate Escrow Agreement to ensure that the terms and conditions unique to that account's transactions and parties' obligations are clearly defined and enforceable. Using distinct agreements maintains accountability and allows for precise operational control tailored to each account. This separation helps avoid operational confusion, mismanaged funds, or legal ambiguities that could arise from using a single account for multiple agreements .

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