Have you ever wondered how someone else can operate your bank account on your behalf? Whether it’s for convenience or necessity, banks allow account holders to authorize another person through Mandates or Power of Attorney (POA). But what’s the difference between the two?
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- What a Mandate is and when it is used
- How Power of Attorney works and its broader implications
- The differences between Mandates and POA with real-life examples
- How banks handle these authorizations, and what happens in special cases like death or insolvency
This content is crucial for bankers, finance professionals, and anyone who wants to better understand banking authorizations.
So, if you want clarity on how these legal tools work in the banking world, watch the full video below!
Before we dive in, watch this video for a complete breakdown:
Understanding Mandate and Its Features
What is a Mandate?
A Mandate is a written authorization where an account holder (Person A) allows another person (Person B) to operate their bank account for specific transactions.
Key Features of a Mandate:
- It is a temporary arrangement with limited powers.
- The account holder informs the bank in writing about the authorization.
- The Mandate automatically terminates in case of death, insanity, or insolvency of the account holder.
- Only individuals can issue Mandates; institutions cannot.
Mandates are often used for business transactions, temporary delegations, or convenience when the account holder cannot personally handle the account due to travel, illness, or other reasons.
Power of Attorney (POA): A Broader Legal Authority
What is Power of Attorney?
A Power of Attorney (POA) is a legal document where a person (the Principal/Donor) gives another person (the Agent/Donee) the authority to act on their behalf for various financial, legal, or property matters.
Types of Power of Attorney
- General Power of Attorney (GPA): Grants broad powers to the agent, allowing them to act in multiple legal, financial, or property transactions.
- Special (Specific) Power of Attorney (SPA): Grants power for a specific transaction, such as selling a property or managing a single bank account.
Unlike a Mandate, a POA provides stronger legal backing and is often used in legal proceedings, real estate transactions, and corporate management.
Key Differences Between Mandate and POA
| Feature | Mandate | Power of Attorney |
|---|---|---|
| Legal Nature | Simple authorization | Legal document with stamping |
| Powers | Limited | Broad |
| Validity | Short-term | Long-term/Permanent |
| Revocation | Easy, no legal formalities | Legal formalities required |
Banker’s Lien and Its Role in Banking
A Banker’s Lien is the right of a bank to retain a customer’s securities or assets if there are unpaid dues.
Banks commonly exercise liens on fixed deposits, loan securities, and pledged assets, ensuring loan recovery in case of default.
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Conclusion & Final Takeaways
Understanding Mandates, Power of Attorney, and Banker’s Lien is crucial for banking professionals and account holders. These legal tools help manage accounts efficiently while ensuring financial security.
What’s Next?
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