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amiteshkumar   10 May 2017

Fiduciary Capacity

What is the definition and criteria for fiduciary capacity mentioned in section 4.3 of benami Prohibition act 1988.what are the judicial pronouncements regarding the same?


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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 May 2017

(a) where the person in whose name the property is held is a coparcener in a Hindu undivided family and the property is held for the benefit of the coparceners in the family; or (b) where the person in whose name the property is held is a trustee or other person standing in a fiduciary capacity, and the property is held for the benefit of another person for whom he is a trustee or towards whom he stands in such capacity.  

Fiduciary capacity means: "trustee, executor, administrator, registrar of stocks and bonds, transfer agent, guardian, assignee, receiver, or custodian under a uniform gifts to minors act; investment adviser, if the bank receives a fee for its investment advice; any capacity in which the bank possesses investment discretion on behalf of another; or any other similar capacity that the Office of the Comptroller of the Currency authorizes."


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