The document summarizes the termination of the banker-customer relationship. There are two main modes of termination: (1) Notice by the customer, who can close their account due to changes like address, dissatisfaction with services, or death. (2) Notice by the banker, who can close accounts due to issues like insufficient funds, low balances, or irregular transactions. Other reasons for termination include customer obstinacy, death, insanity, insolvency, court orders, account assignments, or unsatisfactory account operations by the customer.
The document summarizes the termination of the banker-customer relationship. There are two main modes of termination: (1) Notice by the customer, who can close their account due to changes like address, dissatisfaction with services, or death. (2) Notice by the banker, who can close accounts due to issues like insufficient funds, low balances, or irregular transactions. Other reasons for termination include customer obstinacy, death, insanity, insolvency, court orders, account assignments, or unsatisfactory account operations by the customer.
The document summarizes the termination of the banker-customer relationship. There are two main modes of termination: (1) Notice by the customer, who can close their account due to changes like address, dissatisfaction with services, or death. (2) Notice by the banker, who can close accounts due to issues like insufficient funds, low balances, or irregular transactions. Other reasons for termination include customer obstinacy, death, insanity, insolvency, court orders, account assignments, or unsatisfactory account operations by the customer.
Prof. Dr. Muhammad Muhammad Kashif Ashfaq Ahmad Bhatti B.Com (Hons) 6th sem BC19-230 Section C Morning Learning Outlines of the Presentation Termination of Banker-customer Relationship Modes of termination of relationship Notice by Customer Notice by Banker Other reasons Termination of Banker-Customer Relationship Banker-customer relationship is a contractual relationship between the two parties. It can be terminated by either both or any one party by the process of law. The banker is also competent to terminate his relationship with the customer, if he finds that the customer is no more a desirable customer. If an account remains un-operated for a very long period, the banker may request the customer to withdraw the money. the banker usually transfers the balance to an “Unclaimed Deposit Account”, and the account is closed. Modes of Termination of Relationship There are two modes/methods/ways of terminating the Banker-Customer relationship. 1) Notice by the Customer 2) Notice by the Banker 1) Notice by Customer: A customer can terminate his relationship by closing his account due to any of the following account: Change in Address: Due to change in address, the customer may not be able to easily operate his account from the new place of his residence or job. He may, therefore, request the banker to close his account, Lack of satisfaction with services: A customer may not be satisfied with the services offered by the banker. The rude behavior of the staff, undue delays in encashment of cheques etc. are some of the grounds on which customer may close his account. Death of customer: Account may also be closed due to the death of customer. The law does not authorize the heirs to operate the account of the deceased person. Therefore, the credit balance of the deceased customer is paid to the heirs according to the legal requirements in the specific case. 2) Notice by the Banker: The banker takes the extreme step to close the account of the customer in circumstances when the customer is guilty of conducting his account in an unsatisfactory manner, i.e. If the customer is convicted for the issuance of cheques without sufficient funds. If he does not fulfill his commitment to pay back the loans or overdrafts, etc. Notice by the Banker: The banker gives a formal notice to the customer that he wishes to close the account after the specific period. He may also request his customer to withdraw all the credit balance in his account and returned the unused cheques. The Banker serves the notice on the following grounds: Issuing of cheques with insufficient funds: When the customer does not stop presenting the cheques for payment without having sufficient funds in his account, the banker can close his account permanently. Too low balance in account: When the customer is unable to maintain a remunerative credit balance in his account, the banker can close his account with prior notice. An account is not remunerative for the banker when the account holder is maintaining a very small balance in his account. Irregular routine: When the customer regularly presents cheques for payments after the usual business hours. 3) Other Reasons: Obstinacy of the Customer: When the customer does not close his account even after the expiry of the reasonable notices given to him, the banker may close his account by returning to him the entire credit balance in his account and asking him to return the unused cheques held by him. Death of the Customer: As soon as the banker receives the notice about the death of the customer, he must stop all the payments of cheques drawn by the deceased customer, because according to the Negotiable Instruments Act, 1881, the notice of death, revokes his authority to pay such cheques. The heirs or the executors of the deceased customers are not authorized to operate the account. Customer’s Insanity: A lunatic or a person of unsound mind is not competent to manage his account. The mental disorder or insanity of the customer automatically terminates the banker-customer relationship. The banker will not honor cheques and can close the account after receiving notice about the insanity of the customer and receiving a confirmation about it through medical reports. Customer’s Insolvency: Insolvency is “civil death”. Therefore, the insolvent loses his rights and his affairs are transferred to the official assignee, receiver or liquidator. As soon as the banker receives the notice of insolvency of his customer, he transfers his credit balance to his official assignee and closes his account. Order of court: A court of law may serve a banker with the order in garnishee proceeding in execution of a decree, prohibiting him from honoring the customer’s cheques. The order may be absolute when it refers to the entire amount of the customer in the banker’s hand. The banker must act according to the terms of the order served to him, and his relationship with the customer automatically comes to an end accordingly. Assignment of Account: A customer can assign his entire balance to a third person by giving a notice to the banker. As soon as, the banker acts upon the assignment instructions of his customer, his relationship with the customer comes to an end. Unsatisfactory Operations: A banker may close the account of his customer after serving a notice if he fails to maintain his account satisfactorily. The banker determines his customer’s account as “ Unsatisfactory” if the customer has been involved in suspicious or doubtful transactions through his account. If the customer has been found involved in immoral or fraud activities, the banker can terminate his account after serving him notice. .