KYC Nightmare: How Banks Are Asking for Re-KYCs Illegally and in the Process Collecting Additional Data from Customers
Moneylife Digital Team 15 November 2024
One fine day, Bengaluru-based M Ramachandran (name changed), a senior citizen who retired as an official from Reserve Bank of India (RBI), found his account in State Bank of India (SBI) frozen for want of renewal of his know-your-customer (re-KYC). After visiting SBI three times, he was finally told to submit a copy of his permanent account number (PAN). He told the banker that SBI already has his PAN details and has been deducting tax deducted at source (TDS) on the interest he earned. However, the banker simply told him, 'It is a rule (to seek PAN details)'. Even after re-submitting his PAN details, Mr Ramchandran's account remains frozen and he has no idea if and when it will be unfrozen. 
 
Vinod Sharma (name changed) from Mumbai, a businessman, has employed one person just to do the KYC for banks and other compliances from several government agencies. He says, "I have (employed) a person just to do various KYCs of banks as the banks want to do KYC every two years. Besides, KYCs by banks, compliances for registrar of companies (ROC), income tax (I-T), goods and services tax (GST), directorate general of foreign trade (DGFT), BrihanMumbai Municipal Corporation (BMC) and customs all add up to an entrepreneur wasting 30%-40% of his time in all such unproductive activities. Our policymakers just do not realise how much this is costing the country."
 
These are just two examples of millions of bank customers who are expected to do re-KYC but are ending up doing fresh KYC due to a lack of clear guidelines from RBI and banks' focus on collecting additional and useful information (for marketing third-party products-TPPs). 
 
As per RBI norms, banks must adopt a risk-based approach for periodic updation of KYC. For high-risk customers, banks can update KYC at least once every two years. For medium-risk customers, updating KYC should be done once every eight years; for low-risk customers, updating KYC needs to be done once every 10 years from the date of opening the account or the date of the last KYC update. 
 
Here is what RBI's Master Direction - KYC Direction, 2016, updated as of 6 November 2024 says for re-KYC for individual customers. "No change in KYC information: In case of no change in the KYC information, a self-declaration from the customer in this regard shall be obtained through the customer's email ID registered with the regulated entity (RE), customer's mobile number registered with the RE, ATMs, digital channels (such as online banking/internet banking, mobile application of RE), letter etc."
 
"Further, if there is only a change in address, customers can furnish revised or updated address through any of these channels, after which the bank would undertake verification of the declared address within two months," it says. (Read: Bank KYC: RBI Says Customers Can Submit Self-declaration Online if There Is No Change)
 
However, RBI has neither provided any specific format nor specified exactly what KYC information banks can seek from existing customers. As one of Moneylife's readers has pointed out, it appears that RBI just wants banks to collect the basic data (with supporting documents) to establish the customer's identity and contact details during re-KYC. "For KYC, RBI requires the customer to submit identity proof, address proof, photograph and if available, mobile number and email ID, and nothing more."
 
Further, the reader highlights Chapter X, Para 55 of the circular regarding customer information being collected. Instructions under point (b) say, "Information collected from customers for the purpose of opening of account shall be treated as confidential and details thereof shall not be divulged for the purpose of cross-selling, or for any other purpose without the express permission of the customer." 
 
"Thus, collecting any extra data in the garb of KYC information is illegal. However, that is exactly what all the banks have been doing, and the RBI, as usual, is not aware of the deceitful tricks the banks have played on customers," the reader says.
 
Moneylife randomly checked the websites of some banks to know about their re-KYC procedures. We found only Bank of Maharastra has a separate self-declaration form that customers can fill out to confirm no changes to their KYC details since the last update. Kotak Mahindra Bank, Bank of Baroda and HDFC Bank provide an option to tick mark in case of re-KYC in the form; however, instead of photo ID and address proof, they seek additional details like occupation and income from customers.  
 
SBI, ICICI Bank, Axis Bank, IDFC First Bank and NKGSB Co-operative Bank, which Moneylife checked, seek entire KYC details from existing customers in the name of re-KYC. Punjab National Bank seeks basic customer details, including annual income, expected annual credit and specimen signature or thumb impression as part of the KYC update.
 
Only a few banks offer the option to submit such a self-declaration online (net banking or mobile banking), with most requiring that the re-KYC be completed by a visit to the branch.
 
There is an extra option for Bank of Baroda and Bank of Maharashtra: you can complete the process via a video call with a bank official. ICICI Bank and Axis Bank offer re-KYC through SMS. However, ICICI Bank's re-KYC is actually eKYC with Aadhaar and asks for more permission to link and access Aadhaar data. Axis Bank says if there is no change in KYC information, the customer can send an SMS with 'REKYC N' to 56161600 from the mobile number registered with the bank. However, we could not verify it. 
 
It also means that even if there are no changes in the customer's KYC information, she needs to undergo the whole process again by submitting all documents and providing all information demanded by the bank/s.
 
According to consumer activist and former banker Abhay Datar, KYC documents submitted by customers in paper format may have become untraceable, which is making banks seek all KYC information afresh. "For re-KYC in a public sector bank (PSB), I submitted a written letter accompanied by self-attested photo ID and address proof, and the PSB accepted it. However, for re-KYC, there is no format specified by either RBI or any bank in case there is no change in customer information. As you correctly observed, most banks provide only KYC forms even for re-KYC."
 
Banks are mandated by RBI to keep their records up-to-date and relevant by undertaking periodic reviews and updations. "A fresh KYC process or documentation may have to be undertaken in certain cases, including where the KYC documents available in bank records do not conform to the present list of the officially valid documents (OVDs) like passport, driving license, proof of possession of Aadhaar number, the voter's identity card, job card issued by NREGA and letter issued by the National Population Register, or where the validity of the KYC document submitted earlier may have expired," the regulator says. (Read: Bank KYC: RBI Says Customers Can Submit Self-declaration Online if There Is No Change)
 
From existing bank customers' point of view, re-KYC must be quite simple and easy, as stated by RBI's master directions without the bank collecting additional customer data. Hope the regulator is listening and will issue specific directions to ease the pains of re-KYC for bank customers. 
 
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Comments
dayaka58
5 days ago
Some one asked my opinion 17a amendment my reply is given it may give how incensitive is our Financial sector.
Recently a ATM cash withdrawal scam of several lakhs came out in some ATMs of theSBI. Where they effectively used the loophole in the system. what they used to do is withdraw cash from ATM but leave some notes in the cash slot so it will go into undelivered cash and entire transaction is cancelled and the entire amount is not debited to the bank account. They were using cloned as well as stolen cards as per the report. And they were doing it for almost a year. It could have been ditected immedietly if they regularly tally the cash in ATM. It was blamed on time out error. That is a safety mechanism introduced in ATM that if you did not take out the cash from the dispensing slot within a time limit it will go back into ATM machine as failed transactions.
And I came across and reported a similar time out error mechanism in 2003. When Corporation Bank introduced first time in country, mobile recharging facility through ATM. At that time data connectivity was always a issue. So your mobile was recharged but the amount was being recredited back due to same time out error. I brought this to the notice of the authorities who did not bother to look into it for many days. And I saw it being happening in many ac ounts. We had a group email facilities So to caution all branches I sent a mail of the incident through this facility. And It was one of the charges when desciplinary action was initiated against me when I refused to compromise SWIFT security under the working conditions they created in the branch, applied and went on a long leave giving same as reason, ( similar compromise facilitated Nirav Modi scam in PNB) of misusing the email. But it was being used by many including executives to convey good morning and other greetings. Surprisingly even Telecom companies did not bother to take up the issue. When I brought this to the notice to RBI they also did not take it seriously. Then I had to write a nasty letter when they took up the verification and were given the same technical excuse of time out error and happy to accept it. But this facility was withdrawn after some time. Its repeat now proves they have not addressed this till now.
gopalakrishnan.tv
3 weeks ago
With the invasion of technology , the application of mind has been literally absent in banks is the ground reality. Instead of knowing your Customer and understanding the customer , the bank is killing your customer is seen to be the easy option and pursued as the bank is not interested in deposit canvassing and be in banking business. SBI can definitely afford to ignore the customers particularly small deposit customers. How far RBI is sensitive to customer service in banks is not known to customers as unlike in the past the information on such matters is seldom published nor sought from customers. The effectiveness of Governance in Banks is seldom discussed and if at all discussed is not made known to customers. In the absence of application of mind and active involvement of human resources, the Customer service and KYC issues can never be sorted out at branch levels of banks.
bhatias
3 weeks ago
Bank of Maharashtra staff is clueless. Insisting on full KYC. Refused reKyc form. Online video KYC not working. Their 2 1800 numbers, No answer.
please do better research!
Apolitical
3 weeks ago
Common man - one Aadhar ID, one PAN, one Passport, merry-go-round for KYC

Conman - Multiple Aadhar cards, PANs, Passports delivered home KYC cleared
sur.abhishek
4 weeks ago
There is also the matter of biometric updates for aadhaar being a chargeable service. To the best of my comprehension, an individual has little control - if any - on biometrics being altered over time. Ergo, change/update of biometrics should not be a paid service.
aim2tax
4 weeks ago
It's hell kyc or rekyc banks have been hell hunt to ignore RBI guidelines be HDFC IDBI or any
I have bitter experience how more than 50 sms e-mails received aimlessly blocking bank account rather freezing where customers wasted valuable times there except KYC documents already with them no change' but instead of introspection banks have means to earn by engaging online too forgetting how valuable times customers have lost
Even banking ombudsman is passive to such issues
RBI must intervene to compensate such customers
One bank asked customer to deposit 750 fir kyc charges
Hell in banking system
selftrainedguy
4 weeks ago
India is essentially a banana republic.
sur.abhishek
Replied to selftrainedguy comment 4 weeks ago
Slippery things, bananas ...
sanbandy
4 weeks ago
This is an era to harrass honest citizens.
oflavia2910
4 weeks ago
I have the same issue as NRI with DBS India. They kept harassing for KYC saying they dont have KYC record for past 12 years and that I am a medium risk customer requiring fresh KYC. The requirements included unnecessary data so I finally closed my account due to their poor support and harassment.
agarwal.sandip.stl
4 weeks ago
SBI froze my savings account for re-kyc without prior notice at a time when my dad was in icu in another city and I urgently needed access to money!
rjkothari
4 weeks ago
ICICI Bank is really bad. For re-KYC they have started a reverse count from number 1,000 on mobile app and internet banking. With each login they reduce the count by 1. So, they say when the count becomes zero they will not allow app and internet banking access if re-kyc is not done.

Can it be more ridiculous than this in this modern time.

Who has permitted them to do this?

And they want re-kyc by each joint holder. I have 6 bank accounts, all with other 6 members. So, they want 12 re-KYC with PAN, Aadhaar, Photo and other details. They expect my mother who is 85 Year Plus to visit their branch to do it.

Why can't govt set up a re-KYC authority meant to be used by all financial and government institutions?

Actually in effect by re-KYC they are asking for proof that the account holder is alive. This is because PAN and Aadhaar don't change unless address has changed. This authority can easily setup a single KYC for one person by online video capture where person shows his PAN and Aadhaar. This will save lots of money, and resources.
m.muralidharan
4 weeks ago
SMS to AXIS # 56161600 FAILS always.
pgodbole
4 weeks ago
I too have suffered at the hands of IDBI Bank in the name of KYC updation. They froze debits in my account in the name of 'non-updation ' of KYC. Worse, I was neither asked to update KYC nor was any prior intimation given to me before freezing debits in my account. I came to know of such illegal debit freeze when my SIP mandates were declined in three Mutual Funds, and I got such advice from the Fund House! When I attempted online KYC updation, I got a system message that my account was not due for KYC updation! After unsuccessful correspondence with the bank on the issue, I chose a wiser option. I lodged a complaint with Banking Ombudsman. My account was unfrozen on the very day bank received notice from Banking Ombudsman's Office. Later, after considering my and bank's arguments, Banking Ombudsman imposed a monetary penalty on the bank, which the bank credited to my account.
rjkothari
Replied to pgodbole comment 4 weeks ago
How much was the amount. Mention 'less than xx amount'
llawyerserv
4 weeks ago
1. I can also share the problem, I have faced very recently on 5th. Sept. 2024.

2. I and my wife maintain a Joint SB Account at one of the SBI Branch.

3. We made online Fixed Deposit using Internet Banking by debiting the above mentioned SB Account.

4 As online overdraft using internet Banking was not allowed by the system on the ground that the FD is joint, we approached Branch for overdraft against the online FD. The concerned officer at the Branch required fresh Aadhar and PAN of mine and my wife in case Overdraft facility against online FD is allowed by the Branch.

5. When I said that the saving account to which online FD is linked is already KYC complied and online FDs have been created by debit of the SB Account, the officer said fresh Aadhar and PAN is must. I also told him that there is no change in PAN and Aadhaar, but the officer insisted for fresh Aadhar and PAN.

6. Surprisingly, when I made complaint to Corporate Centre of SBI, they replied as quoted below :-
"Thank you for contacting us. Dear sir, as per branch confirmation, KYC documents has been requested for the purpose of OD/Loan Account file, as one of the mandatory documents. We regret for the inconvenience and assure our best services.“






dog2on
4 weeks ago
One of the most important points which Moneylife has never touched upon is, why has not RBI made it abundantly clear to all banking institutions that (I have failed in seeing this even in their Master Directions referred to above and now updated till 6 Nov 2024) the use of Aadhaar Card No. for persons not availing of any government subsidy or benefit, cannot be made mandatory.

This has been underlined forcefully in SC's final ruling on Aadhaar in 2018 and the only case where Aadhaar is mandatory is for linking it with your PAN.

There are 12 other documents clearly specified, especially in the case of individuals not taking any government largesse, which are sufficient to establish identity, address proof and date of birth.
Just yesterday, no less an authority than the EC, has clearly announced in all the newspapers that, for the purpose of casting your vote, including persons availing government benefits, any of these 12 documents are more than adequate.

Indeed Moneylife would be doing yeoman service for consumers, if they can prevent this illegal arm-twisting by various institutions (both public and private) in the shortest time.
MDT
Replied to dog2on comment 4 weeks ago
Moneylife has been writing about Aadhaar issues ever since it was launched. You may want to check this to read all such articles. https://moneylife.in/tags/aadhaar.html
dog2on
Replied to MDT comment 4 weeks ago
Sorry, that is a pathetic bureaucratic way of a reply.
What I meant to imply, if it was not glaringly evident, is for Moneylife to take pro-active steps to have the issue resolved once and for all and give tremendous relief to scores of consumers.

I hope you are up to doing so.
In case you do, thanks.
MLD
Replied to dog2on comment 4 weeks ago
Moneylife is a publication.. I am unclear on what you mean by proactive steps to resolve the issue. How many publications do this? Does the Times of India resolve issues for people in Jharkhand? And Times is a paid publication, while you are reading Moneylife Free-- If the implication is not glaringly clear, it means that we hardly have the resources to solve each individual's issues in remote India. Nobody but the government has such resources. We also are the only publication that has a not-for-profit organisation. A quick look at the website (link above) will show you the continuous effort we have been making concerning KYC rules.
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