Section 52A: Establishment of Central KYC Registry
This section is inserted by Finance Act 2018, section 4.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
52A. Establishment of Central KYC Registry
(1) Notwithstanding section 51A(4) and any other
enactment, the Bank may, for the purpose of collecting KYC
records submitted to KYC institutions by their customers,
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establish a Central KYC Registry and require any KYC
institution to furnish to the Registry, on such terms and
conditions as it may determine, such information as it may
require for the purpose of maintaining the Registry.
(2) Any duty of confidentiality which may have been
imposed on any KYC institution under any enactment shall
not apply where the information is required for transmission
to the Registry.
(3) Every KYC institution shall inform its customers
that their KYC records shall be submitted to the Registry.
(4) Where it appears to the Bank that any KYC
institution has refrained from complying, or negligently failed
to comply, with any requirement imposed under this section,
the Bank may –
(a) by directive, require the KYC institution
to remedy the situation;
(b) impose such penalty or charge not
exceeding 50, 000 rupees for each day on
which such breach occurs and the penalty
may be recovered by deduction from any
balance of the KYC institution with, or as
money owing to, the Bank as if it were a
civil debt; or
(c) in the absence of any reasonable excuse,
proceed against the KYC institution under
section 11 or 17 of the Banking Act on
grounds that it is carrying on business in a
manner which is contrary to the interests
of the public or, in the case of any other
KYC institution, refer the matter to the
relevant supervisory authority for such
action as it may deem appropriate.
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(5) Neither the Bank nor any KYC institution shall
be liable to any prosecution, action or suit in respect of any
matter or thing done by them in the discharge, in good faith,
of their functions under this section.
(6) The Bank may, for the purpose of this section,
make such regulations or issue such instructions or guidelines
as it deems necessary.
(7) In this section –
“Central KYC Registry” or “Registry”
means the central registry established under
subsection (1);
“KYC institution” means any institution
or person, duly licensed by the Bank or the
Financial Services Commission established
under the Financial Services Act which or who
is required to verify the identity of its or his
customers under the Financial Intelligence and
Anti-Money Laundering Act;
“KYC records” means the records, including
the electronic records, relied upon by a KYC
institution in carrying out customer due diligence
verification.