Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
org)
INDEX
pg. 1
NPA - Non Performing Assets
cSad dk ,slk Asset ftlus Perform djuk can dj fn;k gS mls NPA dgrs gSa
lEifRr Asset : (esjs ikl gS vkSj esjh gS) tks esjh gS oks esjh Asset gS tSls Computer, Phone
nkf;Ro Liability : tks esjs ikl gS ysfdu esjh ugha gS tSls Loan, m/kkj yh xbZ phtsa
Loan Deposit
SHYAM BANK RAM
Rs. 1 Lakh Rs. 1 Lakh
NPA
Short Duration Crop : if interest remains overdue for two crop seasons beyond the due date.
Long Duration Crop : if interest remains overdue for one crop seasons beyond the due date.
Decision about crop duration to be taken by SLBC
pg. 2
O/S Balance: Rs. 10.15 Lac
7. Consortium Loans : Each bank to classify the account on the basis of its own record of recovery
8. Loan Guaranteed by Government
State Govt. Guaranteed Account
All normal rules of NPA applicable
Central Govt. Guaranteed Account
i. Interest not to be debited unless recovered
ii. No Provision to be made
iii. Account to be classified as standard unless govt. refuse to make payment
9. Realisation Value of Security
If RVS is ≤ 50% of the outstanding, the account to be shifted directly to doubtful category
If RVS is ≤ 10% of the outstanding, the account to be shifted as loss account immediately
10. Recovery in NPA Account
In an NPA Account if entire due amount is recovered account upgraded to standard account immediately.
Limit A/c status O/S Due Amt. Date of Date of
Balance Amt. Recovered Recovery upgradation
20 Lac sub-standard 20.50 lac 5 lac 5.20 lac Jan 18 Jan 18
11. Restructured Accounts :
Sanction new loan for increase EMI of loan
It will be upgraded after 12 month from due date of 1st installment after restructuring if account is
satisfactory for last 12 months.
A/c O/S Due Date of Due Date of instalment Date of upgradation to
status Balance Amt. Restructuring Date paid standard
Asset Classification
Unsecured Secured
Realization value at the time A/c other than
of sanction was 10% or less of the limit unsecured sub standard
pg. 3
Doubtful Assets :
After 12 months it become doubtful, which remain NPA exceeding 12 months
If account remains sub-standard > 12 months, it is classified as doubtful account
In doubtful there are 3 categories
DF-1 Doubtful upto 1 year
DF-2 Doubtful > 1 year upto 3 year
DF-3 Doubtful > 3 year
Loss Assets :
Accounts which have become unrealizable where losses have been identified by the bank/ internal/
external auditor or RBI inspectors.
Its relation not with time but relation with security in case of loss of security even if there is regular
repayment the account becomes loss if initially account fully secured: now
Loss of Security > 90% than account immediately transferred to loss account
> 50% loss < 90% than account immediately transferred to doubtful
In Standard A/c
Balance Security value Security damage Classification of assets
10 lakh 10 lakh 30% status no need to change
10 lakh 10 lakh 53% Doubtful
10 lakh 10 lakh 95% Loss
Provisioning on NPA
Standard Direct to Agricultural Normal Rate Commercial Real Estate Housing Loan
SME, Industrial, Shop Office : 1% of Teaser Rate
Housing Loan outstanding
Residential : 0.75% of
outstanding
0.25% of O/S 0.40% of O/S 2% of O/S
Sub- Normal Rate (Secured) if A/c was unsecured from beginning
standard 15% of O/S infrastructure : 20% of O/S
Other Cases : 25% of O/S
Doubtful D1 (upto 1 year) D2 (upto 3 years) D3 (> 3 years)
25% of RVS 40% of RVS 100% of RVS
Loss 100% of outstanding amount
assets
Doubtful - secured portion (RVS), unsecured portion (RVS)
Provision on unsecured portion will be (100%)
Provision on secured portion will be (25% to 100%)
Provision on Loan Accounts
Provisioning refers to create a separate fund by debiting to P & L account, to meet future loan losses
Provisioning is based on asset classification of account standard, sub-standard, doubtful, loss
Provision are reported on liability side of schedule 5 balance sheet under the 'Head' other liability and
provision
For calculating CAR, it is part of Tier-2 capital
(1) Example sub-standard (without bifurcating the balance into secured and unsecured balance)
Balance = 20 Lac, Security Value = 19 Lac
It is secured sub-standard
Provision at 15% = 3.00 Lac
(2) Balance is Rs. 10 Lac and security is 0.95 Lac since time of sanction
It is unsecured sub-standard
Provision at 25% = 2.50 Lac
Security include Primary and Collateral Security and guarantee from ECGC, DICGC, CGTMSE, Govt.
pg. 4
No provision for percentage of amount covered by guarantee of ECGC, DICGC, CGTMSE, Govt. etc
Net worth of borrower or 3rd party (guarantee) not to be taken as security
Example 1 :
Balance Rs. 20 Lac, Primary and Collateral Security value Rs. 8 Lac Guarantor's net worth Rs. 7 Lac
DRTs are established under the Recovery of Debts. due to Banks and Financial Institutions Act 1993,
for speedy recovery.
This Act is not applicable to J & K
DRTs are special type of civil courts, dealing with loan recovery
Limit for filing cases in DRT Rs. 20 lakh and above
DRT Set-up
Head of DRT is Presiding Officer (qualified to be District Judge)
Presiding officer hold office for a term of 5 year or until he attains age of 65 year whichever is earlier.
Other officers under presiding officer
i. Recovery officer - Grievance against recovery officer to DRT Presiding Officer : 30 days
ii. Registrar (For filing of suit against their order - Grievance against registrar to DRT Presiding Officer :
15 days
Decision by DRT within - Two Hearings
Appeal against decision of DRT to be made to DRAT within 30 days from date of receipt or order
If borrower appeals then he should deposit 50% of the Judgement Amount (amount of decree) it can be
reduced by DRAT to 25%
Fees for DRT: Minimum - 12000, Maximum - 150000
DRAT Set-up
Head of DRAT is chairperson (qualified to be High Court Judge)
pg. 5
Presiding officer hold office for a term of 5 year or until he attains age of 67 year whichever is earlier
Court Fees: Minimum 12000, Maximum - 30000
Lok Adalats
Sarfaesi Act
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002
Objective: SARFAESI Act was enacted to solve one of the biggest maladies of overdues/NPA faced by banks
which is basically because of Weak Creditors Right - The weak ability of lenders to recover dues from
borrowers.
When a loan goes into default, it is difficult for lenders to take control of collateral
Main Object: Speedy Recovery of NPA
Applicable: Throughout India including J & K
Power to Bank:
Bank can take possession of the security
After taking possession bank can sale security
Bank can takeover management of asset
Recover money receivable from 3rd parties
Competent Authority: Scale IV (chief manager) and above Board of Bank can delegate power to lower rank
official also
Condition : For loans eligible under SARFAESI Act.
Account should be NPA
Minimum outstanding is more than 1 lakh
If loan given by banks under consortium consent of at least 60% share by value (Amount) required
Security should be charged to the bank.
The documents should be within limitation period.
ARC
Central Registry of Securitisation Asset Reconstruction and Security Interest Act of India (CERSAI)
established 31.3.2011
Setup – GOI, Ministry of Finance
Objective – To prevent frauds in loan involving multiple lending from different banks on the same
immovable property.
Type of Transactions – Transaction relating to Sarfaesi Act and those relating to mortgage by Deposit of title
deeds to secure any loan granted by banks are to be registered in the Central Registry.
Time Period for Registration
30 days, which can be increased by 30 days by Central Registry.
30 days from date of deposit of title deeds
Form-1 : Registration & Modification of charge
Form-2 : Satisfaction of charge
pg. 7
Fee : upto 5 Lac - Rs. 50 & Loan more than 5 Lac - Rs. 100
Wilful Defaulters
Started by GOI, Ministry of Housing and Urban Poverty allevation in place of SJSRY
Reservation : Women under SHG : 30%
Differently-abled : 3%
Minority : 15%
SCs and STs : In the ratio in local population
Individual Enterprises
Age : 18 years at the time of applying for loan
Project Cost : Max 2 Lac
Collateral : No collateral required
Repayment : (5-7) years after initial moratorium of 6-18 months
Margin : NIL upto 50,000 above (5-10)% of project cost
Group Enterprises
Eligibility : Min 3 members with a minimum of 70% members from urban poor families
Project Cost : Max 10 Lac
Collateral : No collateral required
Repayment : (5-7) years after initial moratorium of 6-18 months
Margin : NIL upto 50,000 above (5-10)% of project cost
pg. 10
Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, J & K, Himachal
Pradesh and Uttarakhand State
Eligibility Norms : Individuals whose family income not to be exceed Rs. 18,000/- p.a. in Rural Areas
24,000/- p.a. in urban and semi urban areas.
Quantum of Loan: Maximum amount Rs. 15,000/-
In addition loan to physically handicapped for instruments Rs. 5000/- (Artificial limbs, hearing aids)
For housing loan can be granted upto Rs. 20,000 to SC/ST
Interest Rate: 4% p.a. simple
Max Repayment Period: 5 year including initial moratorium of 2 year
Margin – Nil
Collateral Security – No
Eligibility : Existing customers with a satisfactory track record (Standard Account for 3 years)
Maximum Amount : 10 Lac
For whom : Small Business, Retail Traders, Self Employed
Validity of Card : 3 year subject to annual review
Amount of Limit : Artisans, businessman, traders and small entrepreneurs: 20% of the annual
turnover declared for tax purposes
Professional and Self employed: 50% of the gross annual fees
Members : 4 to 10
Maximum Finance per member : Rs. 50,000
Maximum Finance per group : Rs. 5,00,000
Objective : raising credit from bank
Implementing Agency: Agriculture Insurance Company of India and some Private Insurance Co.
like ICICI-Lombard, General Insurance Company Ltd. and others
Crop Covered : Notified crop for which yield data is available for last 7 years.
Compulsory : for Loanee Farmers
Voluntary : for all other farmers
Risk not covered : Loss due to war, nuclear risks, riots, theft
Amount of Premium : Kharif : 2% of (SI), Rabi: 1.5% of (SI)
Annual Commercial/ Horticultural crops: 5% of SI
Sum Insured : Loanee Farmer : Amount of loan can be upto threshold yield
Marginal Farmer : Land holding upto 1 Hactare
Small Farmer : Land holding more than 1 Hactare upto 2 Hactare
Risk covered : Loss due to natural calamities including prevented sowing, crop loss,
post harvesting loss
The scheme run by the trust is known as 'Credit Guarantee Fund Scheme for Micro and Small Enterprises'
Scheme cover loans to micro and small enterprises
Both Manufacturing and Service Enterprises
Maximum loan of amount covered : upto 200 lakh
for Retail maximum : 100 lakh
for RRBs : 50 lakh
Interest @ RBI guidelines
Loan without collateral security (Bank take collateral security then unsecured portion will be covered)
Guarantee Fees: Charged Annually
For 1st year fee is charged : on the guaranteed amount
2nd year onwards - T/L : outstanding amount
CC/OD : Maximum working capital limit availed during previous calendar year
T/L : O/S amount on 31st December
pg. 12
Rate of Guarantee Fees: 3 component : Standard Rate + NPA Level + Claim Payout Ratio
unit covered
Others
Women, Micro Enterprises & NE Region
Loan upto 5 lakhs 1% + Risk Premium as per extent guidelines of the trust
Above 5 lakh up to 50 lakh 1.35% + RP 1.50% + RP
Above 50 lakh to 200 lac 1.80% + Risk Premium as per extent guidelines of the trust
For Retail Trade 2% + Risk Premium as per extent guidelines of the trust
In addition to this a risk premium will be charged based on level of NPA and claim made by the bank.
pg. 13
Priority Sector Advances
RBI revised the priority sector lending guidelines w.e.f. 23.04.15 on the basis of recommendations of Lily Vadera.
1. Agriculture
2. Micro, Small & Medium Enterprises
3. Export Credit
4. Education Loans
5. Housing Loans
6. Social Infrastructure
7. Renewable Energy
8. Other priority sector
Targets for priority sector
Targets are linked to ANBC or CEOBE whichever is higher
ANBC : Adjusted Net Bank Credit
CEOBE : Credit equivalent amount of off Balance Sheet Exposure
OFF Balance Sheet Exposure : Bank Guarantee/LC/FC
ANBC :
1. Bank Credit in India
2. Bills rediscounted with RBI
3. Net Bank Credit (1-2)
4. Investment in non-SLR bond & Bonds which are considered as priority sector
5. Investment in infra bonds & bonds for affordable housing.
6. Incremental NRE & FNR
ANBC = 3 + 4 – 5 – 6 / 1 – 2 + 4 – 5 – 6
Target for domestic Indian banks or Foreign banks with 20 or more branches
1. Overall priority sector 40% of ANBC or CEOBE whichever is higher
2. Agriculture 18% of ANBC
3. Small & Marginal Farmers 8% of ANBC
4. Weaker Section 10% of ANBC
5. Micro Enterprises 7.5% of ANBC
pg. 14
Agriculture
1. Farm Credit
2. Agriculture Infrastructure
3. Allied Activities
Farm Credit
Loan to Individual farmers /SHG/ JLG, directly engaged in agriculture and allied activities
Crop Loan
Loan to farmer against stored produced/ warehouse receipts max loan 50 lacs, max period 12 months
Loan to poor farmers for repayment of loan to money lenders (called Rural Debt swap)
Loan to small and marginal farmers for purchase of land for agricultural purposes
Marginal Farmers : upto 1 Hectare (2.5 Acre)
Small Farmer : 1-2 Hectare (5 Acre)
Loan under KCC
Loan to corporate farmers companies of Individual/ Farmers Partnership Firm engaged in Agricultural
and Allied Activity, Max Loan - 2 crore per borrower
Crop Loan
Loan for crop production - need based
Short duration crop - crop session up to 12 months
Long duration crop - crop more than 12 months
Decision regarding short duration/ long duration is made by SLBC
Rabi Crop : Oct. to March - Wheat, Gram
Kharif Crop : April to Sept. - Paddy, Jawar, Bajra
Scale of Finance : Loan per Hectare decided by DTC - District Technical Committee
Mixed Farming : Agricultural + Live Stock Rearing (more than 1 crop is raised simultaneously)
Annewari refers to damage to crop due to natural calamities like draught, flood hail storm etc.
pg. 15
Interest Subvention Scheme
1. This scheme is applicable for short duration Crop Loan upto 3 Lakh
2. Bank will charge @ 7%
3. Subvention for banks from Central Govt. - 2%
4. Effective Interest to Bank 7+2 = 9%
5. Subvention is claim through RBI on HY Basis
6. Additional subsidy to farmer for prompt payment - 3%
7. Effective Interest to farmer 7-3 = 4%
8. It claim on annual basis
Agriculture Infrastructure
1. Loan for construction of warehouse, godown, cold storage to store agriculture products
2. Soil Conservation
3. Plant tissue culture
Max loan per borrower from banking system - 100 crore
Ancillary Activities
Loan to Agri-clinics and Agribusiness centres
Food and Agro Processing Industry
Max loan per borrower from banking system - 100 crore
Loan to Co-operative societies of farmers for disposing of the produce of members - Rs. 5 crore
Loan to MFIs (Micro Finance Institution)
Loan to PACS (Primary Agricultural Credit Societies)
Outstanding deposits under RIDF
1. Khadi and Village Industries is Micro Enterprises irrespective of Investment in Plant and Machinery
2. Cost of Pollution Control equipment, generator set, tool is not included for calculation of cost of P & M
3. Overdraft upto Rs. 10000/- under PMJDY will be classified as Micro Enterprise
Export Credit
Domestic Banks :
Incremental export credit over previous year but maximum can be 2% of ANBC or CEOBE Exporter
Consideration
(i) Maximum sanction limit - 25 crore per borrower
pg. 16
(ii) Maximum turnover - 100 crore
Foreign banks with less than 20 branchs - 32% of ANBC or CEOBE whichever is higher
Education Loan
Housing
Govt agencies engaged in Construction of House or Slum Clearance Max Loan - Per dwelling 10 lakh
Loan to Govt agencies/ Pvt Agencies for Construction of House for EWS and LIG - Max Loan - Per
dwelling - 10 lakh
Loan to Housing Finance Company - Max loan per house - 10 lakh
Social Infrastructure
Purpose : Building Social Infrastructure in Tier II to Tier VI places population less than 50000
1. School
2. Drinking Water Supply Maximum Loan
3. Hospitals 5 Crore per project
4. Sanitation Facilities
Renewable Energy
pg. 17
(Annual income does not exceed 100000/- in Rural)
(Annual income does not exceed 160000/- other areas)
Loan to distressed (very poor) persons (other than farmers) not exceeding 100000 per borrower for debt
swap
Service Area approach discontinued except for Govt. sponsored schemes
pg. 19
KYC – know your Customer Guidelines
These guidelines have been issued by RBI under Sec. 35A of the BR Act 1949.
Objective : To ensure
AML – Anti Money Laundering
CFT – combating of Financing of Terrorism
and prevent banks from criminal elements of Money Laundering Activities.
Money Laundering : It is process of converting illegal Money/ Money of crime to legitimate money, through
a complex chain of transactions.
Guidelines : Guidelines issued by FATF on Prevention of Money Laundering.
FATF – Financial Action Task Force
Components of KYC Policy
1. Customer acceptance policy
2. Customer identification procedures
3. Monitoring of transactions
4. Risk Management
1. Customer Acceptance Policy :
Banks are required to verify the identify and address of customers before opening of accounts to avoid
fictitious/benami accounts.
Customer should be categorised into Low, Medium, high risk
Risk Classification of the customer
High risk
1. NRI
2. Club societies, Trust
3. NGO's,
4. HNI-High Net Worth individuals.
5. Jewellers etc.
Medium risk
Partnership, Limited Co., HUF, Proprietorship etc.
Low risk
Small A/c, BSBDA, Salaried Employees, Pensioners Government departments, Govt. owned Co.,
statutory bodies etc.
Risk are classified/classification to reviewed once in 6 months.
2. Customer Identification Procedures
For opening a bank A/c bank shall undertake customer due diligence. Bank shall obtain the following
information from a individual.
1. Recent Photograph
2. Proof of Identity
3. Proof of Address
To open Bank A/c, the customer need to submit a 'proof of identity and proof of address' together with a
recent photograph. The Govt. notified six documents as officially valid document (OVDs) for proof of
identity.
1. Passport
2. Driving Licence
3. Pan Card
4. Voter Identity Card
5. MGNREGA card
6. Aadhaar card issued by UIDAI
If these documents also contain the address details, then it would be accepted as 'Proof of Address'.
Introduction is not necessary
pg. 20
If in case an individual customer who does not have Aadhaar/enrolment No. and PAN and desires to open
a bank A/c, bank shall open a 'Small A/c'.
Condition for Small Account :
Maximum credit in a Financial Year – One lakh
Maximum Balance at any point of time – Rs. 50,000
Maximum amount of withdrawal per month – Rs. 10,000
Foreign remittances cannot be credited
Proof of ID & Address submitted within 12 months.
If he has applied but not received further 12 months can be given, with the entire relaxation provisions to
be reviewed in respect of the said A/c after twenty four months.
Periodic Updation :
High risk customer at least once in 2 years
Medium risk customer at least once in 8 years
Low risk customer at least once in 10 years
This exercise would involve all formalities normally taken at the time of opening the account.
Failure of submit documents for period updation if the customer do not provide his KYC documents at the
time of period updation, Bank has option to close his A/c, before closing bank may impose partial freezing.
Partial Freezing
1. Banks has to give due notice of 3 months to customer before option of 'Partial Freezing'.
2. After that further 3 months reminder, thereafter 'Partial Freezing'.
3. If the A/c are still KYC no-complaint after 6 months of imposing Partial Freezing, Bank may disallow all
debits and credits from his A/cs.
3 + 3 Month Notices
i. 6 months : Partial Freezing – Debit Disallow, all credit allow
ii. 1 year : After 6 months of Partial Freezing – No debit or credit till compliance.
Customer staying at one city but Address Proof is of other city
If local address differ from proof of identity then undertaking should be taken along with OVD Fresh
Proof of Address not required.
If there is permanent change in the proof of address New Proof of Address to be taken within 6 months.
Alternative documents in case of Low risk customer
Letter & Photo attested by Gudgeted officer.
ID card issued by Central/State Govt. Deptt., Public Sector Undertakings.
Alternative for Proof of Address
Utility bill not more than two months old.
Bank A/c or post office saving A/c statement/passbook.
Monitoring of Transactions
Banks to monitor and keep record of high value cash transactions of above 10 lac each.
It can be sum total of monthly transactions : (Debit/Credit separate) and send report of cash transactions to
Financial Intelligence Unit (FIU) at Finance Ministry.
pg. 21
CTR – Cash transaction report.
For each month should be submitted to FIU-IND
FIU-IND (Financial Intelligence Unit-India) by 15th of the succeeding month.
STR – Suspicious Transaction reports
To be sent within 7 days from confirmation of suspicion.
CCR – Counterfeit currency report.
To be sent with 15 days from date of detection.
Cross border wire transfers
All cross border wire transfers of the value of more than rupees 5 lakh or its equivalent in Foreign currency
where either the origin or destination of fund is in India to be reported to FIU-IND by 15 th of the succeeding
month.
Non Profit Organisation Transaction Report
All transactions involving receipt by non-profit organizations exceeding 10 lakh or its equivalent in Foreign
Currency. FIU-IND by 15th of succeeding month.
Bank should maintain for at least five years from date of transaction between bank and the client.
Record of documents 5 year the business relationship ended.
pg. 22
Banker Customer Relationship
pg. 23
Deposit : Debtor (Bank) Creditor (Customer)
Loan : Creditor (Bank) Debtor (Customer)
If CC Limit have credit balance then what is relationship at that time → It will be treated as deposit A/c
Demand Draft → when we issue a/ when we pay
Debit /Credit Trustee/Beneficiary
Duty : To honour cheque drawn by customer – This duty is as per Sec. 31 of NI Act.
Conditions : 1. Cheque in order
2. Balance sufficient
3. No garnishee order/attachment order
For wrongful dishonor of the cheque Bank will be liable to drawer (who write) of cheque not liable to payee
Banker's Right :
Bank also enjoy certain right, which can exercise at the time of need in accounts maintained by the customer.
Such rights are exercised or applied when the customer has failed to repay the dues/loan and simultaneously,
is having a credit balance in some other A/c.
1. Right of General Lien, set off, Appropriation
2. Right to act according to the mandate given by the customer
Lien
Lien is right of creditor to retain possession of the goods & securities of debtors till the debts due to him
are paid.
In case of Lien possession can be retained but goods cannot be sold.
General Lien (Section 171 of the Indian Contract Act) This right is available only to bankers, Factors
wharfingers, attorneys. (Right to retain the goods for all dues payable by him)
Banker Lien : It is an implied pledge because the banker has right to retain as well as sell goods of the
borrower after giving him reasonable notice.
Negative lien : Declaration from the borrower that he will not sell or create any charge over a property till
banks dues are not paid without Bank's permission.
Set off is the right to combine two or more accounts having debit & credit balance.
It is not defined in any act, it is available due to implied contract.
Banks can exercise set off on SF/CA of customer to adjust overdue loan A/c for this purpose A/c at all
branches of the same bank are treated as one entity.
Its not applicable on regular CC/OD/TL A/cs.
For set-off both loan & deposit A/cs should be in same right and same capacity.
The debt should be due and accuring due.
Reasonable notice should be sent to Depositor before exercising set off.
If loan in the name of A deposit in the name of
A
Prop (A)
A and B (E or S) ×
Partnership ABC & Sons ×
Loan in the name of A and B deposit in the name of
A&B
B&A
A
B
Loan in the name of ABC & sons Partnership Firm Deposit in the name of
ABC & Sons
A
pg. 24
Right of Appropriation
Sec. 59, 60, 61 of Indian Contract Act deal with appropriation of payments.
Clayton's rule related to appropriation of payments.
This rule is applicable in case of death, insolvency, insanity of a joint borrower or partner or guarantor or
retirement of a partner.
Clayton's rule applicable in case of CC/OD A/c.
Loan in the name of XYZ & Sons, X died on 5.12.2018
5/12/18 Debit balance 20,00,000 Dr
6/12/18 Deposit + 5 15,00,000 Dr
7/12/18 Deposit + 12 3,00,000 Dr
8/12/18 Withdrawal – 18 21,00,000 Dr
Liability of deceased partner outstanding at the time of death-credit
= 20,00,000 – 5,00,000 – 12,00,000 = 3,00,000
pg. 25
Garnishee Order and Attachment Order
The Garnishee order is issued under Sec 60 order 21 rule 46A-46E of code of civil procedure 1908.
Garnishee order is issued by the court on the application made by the Judgement creditor in a situation
where the Judgement debtor refuses to pay debt payable to him. The garnishee order is issued on the
banker maintaining Account of the Judgement order.
There are three parties
Garnishee - Bank
Judgement debtor - Customer
Judgement creditor - At whose instance the order is issued
Garnishee order is issued in two parts
(a) Order NISI
(b) Order Absolute
Order NISI : It is preliminary order wherein the court directs the banker to stop the payment and seek the
explanation from the garnishee as to why the funds lying in the name of Judgement debtor should not be
utilised for meeting the Judgement Creditor's claim.
Order Absolute : When on the basis of the report submitted by the bank. The court issues order to the banker
attaching the entire credit balance or a portion thereof to discharge the liability towards Judgement creditor.
Applicability:
1. Account should be in same order and same capacity
2. Garnishee order applies only to those accounts which have credit balance - SB/Current, all term deposit,
CC, OD Cr balance
3. Garnishee order will not be applicable to unutilized CC/OD limit loan
4. Garnishee order is applicable only on the amount available with bank at the receiving the order not on
future credit.
Case Deposit in name of Order in name of Applicability
1st A A
nd
2 A A&B
3rd A ABC Firm
4th A&B A ×
5th ABC Firm A ×
6th Trust/Co. Trustee/Director ×
Garnishee order issued in a single name does not apply to account in joint names of Judgement debtor
with other person (4th case as above)
Garnishee order is issued in Joint name, it will apply to individual account also of the same debtors (2nd case as
above)
When Garnishee order is in the name of a partner it will not apply to partnership account (5 th case as
above)
When Garnishee order is in the name of Firm, account of individual partners are covered (3rd case as
above)
5. It will not applicable on the amount deposited after receiving the order or cheque sent for collection.
6. If Garnishee order is received before the actual Cash Payment even though the cheque has been passed for
payment and token issued, the banker must stop the payment of the said cheque as the Garnishee order is
applicable.
7. If amount is mention in order it will be attach that much amount.
8. If amount is not mentioned than it will attach entire amount.
9. Bank will exercise set off before making payment to court.
10. Garnishee order is not applicable to money held abroad.
11. Garnishee order is not applicable on the items in safe custody or in safe deposit lockers.
12. Garnishee order is applicable on the account of the Deceased because it pertains to the previous liability
already determined by the court but is not applicable of the insolvent person.
13. Order is not applicable in Minor Account
pg. 26
14. Order is not applicable on FD held as collateral security (specific purpose)
15. If loan given against FD, applicable on the amount after adjusting the loan amount.
16. All cheques issued by customer will be returned with the reason that garnishee order has been received.
In the event of non-compliance of garnishee order, the court may issue the order to bank which will be
equivalent of the decree passed by court against the bank.
Attachment orders
Attachment order refers to orders issued by statutory authorities for recovery of Govt. dues. Sec. 226
(3) of Income Tax Act 1961 on receipt of this order, banker is required to remit the desired amount to
income tax authorities.
1. Attachment order issued by Revenue Authorities-IT Service Tax.
2. If amount is not mention : Attachment order is invalid.
3. Right of set off is available to Bank before applying order.
4. Order applicable when relationship between bank and customer is of debtor and creditor (in deposit A/c
only).
5. In case banker fails to comply with attachment order, it will be liable for the amount of order and deemed
as an Assessee in default.
6. When both Garnishee or Attachment order are received simultaneously priority should be given to
attachment order.
How Attachment order is different from Garnishee order
(a) Attachment order applies to Money deposited in A/c after receipt of order also till it is fully satisfied
whereas GO does not apply to subsequent deposits.
(b) Attachment order in single name applies to Joint A/c also proportionately unless the country is proved
whereas Garnishee order in single name does not apply to Joint Accounts.
Garnishee Order & Attachment Order
Particulars Garnishee Order Attachment Order
1. Issuing Authority Competent Court at the request of Revenue/Tax authority
judgement creditor
2. Legal Provision Civil Procedure Code, 1908 Sec. Sec. 226 (3) of Income Tax Act,
60, Order 21, Rule 46 1961
3. Nature of liability Private liability (Private dues) Statutory liability (Govt. dues)
4. Stages First, Order Nisi and then Order Directly issued
Absolute
5. Nature or recovery Recovery of private dues Recovery of Govt. dues
6. Depositor Judgement debtor Assessee in default
7. Amount May be mentioned specifically Must be mentioned specifically
8. Bank Judgement debtor's debtor Assessees debtor
9. Applicable to which On clear balance available in the Applicable on subsequent
amount account at the time of receipt. balance also.
10. Limitation period 12 years being execution of 30 years being govt. dues
decree
11. Deposits Demand deposits and Time Demand deposits and time
deposits deposits
12. Right of Set- Available for certain and due Available for ascertainable and
off/Appropriation debts due debts
13. Joint A/cs, order in single Not applicable Equal share depending upon the
name number of account holders
14. Joint A/c & order in same Applicable upto the order amount Applicable upto the order
names amount
15. Order in the name of Not applicable for A/cs in the Not applicable for A/cs in the
Partner, Trustee, Co's, name of firm, trusts or accounts name of firm, trusts or A/cs in
Liquidator etc. in the representative capacity. the representative capacity.
16. Deceased A/c Applicable Applicable
pg. 27
17. Undrawn CC or OD limit Not applicable Not applicable
18. Unutilised limit against Balance Amount of FDR Balance Amount of FDR
FDR
19. FDR as collateral security Not applicable Not applicable
20. Preference Attachment Order will have the Attachment Order will have the
preference over Garnishee Order preference over Garnishee Order
if both received Simultaneously. if both received simultaneously.
21. Failure to comply the Contempt of Court Assessee in default
order
22. Future credits Not attached attached
Clear Balance :
Attachment order is applicable on the clear balances available in accounts, at the time of receipt of order, if
the order is received at 10:30 am. For Rs. 5 lakh and balance in the account is 3 lakh out of which Rs. 1 lakh
pertains to those cheques, which have been sent in clearing, this 1 lakh represents uncleared balance and hence
on this amount Attachment order will not be applicable. However, attachment order will be applicable on Rs.
2 lakh only.
Subsequent Balance :
Attachment order is applicable on the subsequent balances also which means amounts which are deposited by
the customer after receipt of order till the time liability under the attachment order is not satisfied.
pg. 28
Bank Ombudsman Scheme 2006
The word 'Ombudsman' in general mean a public official who is appointed to investigate the citizen's
complaints against the administration. In India, any person whose grievance against a bank is not
resolved within a given period he can approach the Banking Ombudsman.
1. The ombudsman scheme has been started by RBI under section 35-A of BR Act
2. Applicable : The scheme is applicable to all commercial banks, RRB/Co-op banks including J&K state
3. Appointment and Tenure: It can be RBI's General Manager or Chief General Manager. The
appointment will be for maximum 3 year at a time applied appointed by RBI
4. Role is like a arbitrator with mutual consent
5. Procedure :
who can file a complaint: Any person who has a grievance or through his representative (other than an
Advocate)
where to complaint: To that office of the ombudsman within whose jurisdiction the branch or office of the
bank is located
when : i. customer not satisfied with reply from bank
ii. if complaint is rejected by bank
6. Maximum time period to file complaint
within 1 year if received reply from bank reply
In case reply not received, complaint can be lodged not later than one year & one month after the date of
making the complaint to bank (within 13 months)
7. Ombudsman will not entertain complaints :
Case is pending in the court
Case has already been decided by the court
Similar case has already been decided by ombudsman
The complaint is made after the expiry of the period of limitation
The complaint is of Frivolous, Vexatous, Malafide without sufficient cause
8. Procedure:
On receipt of complaint views of bank called to promote settlement by agreement, ombudsman to settle
the complaint within one month
If not settled within 1 month, ombudsman to announce his award
Copy of award is sent to customer/bank
9. Maximum Amount of Award: Rs. 20 lakh, in addition to this award upto 1 lakh for mental agony
10. Credit Card: Maximum claim Rs. 1 lakh
11. After the award/ customer action:
After receiving the award, the complainant has the option to either accept or reject the award if he accepts
the award, he will have to intimate the concerned bank in writing within 30 days of receipt of the award. If
complainant accepts the award, the bank will have to comply with the award within one month. Bank
would implement the award within one month of its receipts.
If he rejects, or award is not acceptable to complainant, he can file an appeal to Appellate Authority
(Deputy Governor, RBI) within 30 days of the date of receipt of Communication regarding award or
rejection of the complaint. Period can be extended by 30 days by Appellate Authority.
12. After the award/ Bank action
Bank may also can file appeal with Deputy Governor, RBI within 30 days from the date on which the
bank receives letter of acceptance of award by complainant.
In the case of bank, appeal may be filed by a bank only with previous sanction of CMD or ED or CEO of
the bank.
Non-Implementation :-
If award is not implemented, report to Customer Service Committee of the Board and make disclosure in
balance sheet of the bank.
pg. 29
Type of Customers
Minors
Who is Minor
Person domicile in India < 18 years
Who is Major
Every person who is domicile in India will become major on completion of age of 18 years
Types of Guardian
Natural
Testamentary (appointed by will)
Legal Guardian (appointed by court)
MINOR Guardian
Hindu son, unmarried daughter Father on death or religion change, mother
Hindu married daughter Husband, if Husband is minor/expired Father in law
Muslim Father, on death, appointed by will if no will grand-father
As per RBI, Deposit Accounts can be opened U/G of mother even if father is alive.
In case of Hindu if father appoints a guardian by will, he will take place only after death of father as well
as mother.
1. Minor is not competent to contract (Sec 11 of Indian Contract Act 1872)
2. Minor cannot appoint an agent. However, a minor can be appointed as an agent, Principal liable for action
of agent.
3. Minor can't make nomination. However, minor can be appointed nominee.
4. Bank do not grant loan to minor, because legally it cannot be recovered from minor.
5. Minor cannot ratify a contract after attaining majority.
6. Loan given to minor for his necessity can be recovered from his property.
7. Minor cannot be full fledged partner. A minor can be admitted to benefits of partnership with the consent
of all partners.
8. As per Sec 30(1) of the Partnership Act.
i. Within six months after he attains majority or
ii. When it comes to his knowledge after becoming major whichever 1 or 2 later
Minor will have to give public notice whether he wants to continue as a partner.
9. If he remains silent during this period, amount to his implied consent, deemed to be partner, he will be
held liable as a partner from the date he has been admitted to the benefit of the partnership firm.
10. Minor cannot give stop payment instructions but he has right to demand, statement of account from the
bank.
11. A bearer cheque presented for cash payment by a minor may be paid as minor can give a valid discharge.
12. According to Sec 26 of NI Act a minor can draw or endorse or negotiate a cheque or a bill but he cannot
be held liable on such cheque or bill he can make everybody liable except himself.
13. No loan if account self operated.
14. Premature payment of FD allowed as minor can give valid discharge.
15. Funds in the account belong to minor not to the guardian.
16. When minor becomes major, KYC will be done on minor, now cheques signed by guardian will not be
paid without consent of minor who has become major now.
pg. 30
No restriction on amount of deposit
Only SB Account
No nomination, agent, power of attorney, mandate
Death – Payments to legal heirs of minor
Accounts under Guardianship
Guardian can open SB/RD/FD
Guardian can make nomination
During minority-operations by guardian
In case of minor's death, balance payable to guardian
Partnership Firms
Partnership is governed by Indian Partnership Act 1932
Partnership is created by Agreement (optional)
Written contract called partnership deed
Partnership is created to run a business for profit.
Minimum number of partners is 2.
Maximum number of partners – 100 as per Companies Act 2013
If a number of partner in a firm is more than 100 it will be illegal association, which is automatically
dissolved.
Who can become partner Who cannot become partner
An individual person except minor Minor, Insolvent, insane
Limited Company HUF – as per Supreme Court Judgement
Partnership Firm NBFC
Relationship
Relation between Firm and Partners
Firm is Principals
Partners is Agents of the Firm
Relation between Partners
Every partner is both Principal as well as agent of the other partner
Partner's authority is called implied authority of a partner
Every partner has authority to participate in the business of the firm and other partner will be liable for his
action.
What is not included in implied Authority
Opening of Bank account on behalf of Firm in his own name
Purchase, Sale of Property
Court case - Withdraw/File
Undertaking new liability - Giving guarantee behalf of Firm
Appointment of Agent
Liability of a Partner
Jointly as well as severally
Liability is unlimited
Operational Authority
Decision will be taken by all partners any change in operational authority with the consent of all partners
Every partner including sleeping partner has authority to stop payment of a cheque issued by another
partner of the firm.
Withdrawal/Revocation of stop payment consent of all partner or operational authority required.
Death of Partner
pg. 31
Firm is dissolved.
Operation in the account suspended.
If account is in Cr, operations are allowed for winding up of the firm.
If account is in Dr, operation is suspended to keep to estate of deceased partner and to avoid operations of
the Clayton's rule.
Assets of the Firm
Assets of the Firm first for liability of the firm, surplus if any can be distributed and used to meet the
personal liability of the partners.
Assets of the partner first for liability of partner if surplus than meet the liability of the Firm.
Limited Companies
Memorandum of Association
It is an outward charter it establishes the relationship of the company with the rest of the world.
Which contains objects/names/ Authorised Capital and Registered office of the company.
Directors can borrow only for the objects mentioned in the MOA.
Anything done by Directors beyond the objects beyond MOA it will be ULTRA VIRES. The company
will not be liable for such actions.
Articles of Association
Articles of Association are the bye-laws and internal rules and regulations of the company.
It contain borrowing powers of director.
pg. 32
If directors want to borrow more than the paid up capital and free reserves of the company.
It has to seek consent of the shareholders in general body meeting.
Constructive Notice : As per doctrine of 'Constructive Notice' anybody dealing with company is assumed to
have knowledge of Memorandum and Articles of Association.
COI - Issued by the Registrar of Companies after the Company has been registered with it. Its most important
document for opening account of a company. If account opened without COI then bank will be trustee of the
funds.
Board Resolution : is passed by the Board of Directors authorising opening and operation of the account by
official name of company it should be signed by Chairman of the Meeting.
A cheque signed by Director presented for payment after the death of director will be paid if date is before
death.
Certificate of Commencement of business was discontinued by Company Act 2013 in 2013.
Cheque favouring company should not be credited to the personal account of the directors
Registration of Charge
1. Duty to Register Charges: As per Sec. 77, it is the duty of the company to register any charge on its
Property of Asset, situated in or outside India with the registrar of companies within 30 days of its
creation, ROC can allow another 30 days by payment of Additional Fee.
2. Charge-Holder Creditor : If the company fails to register the charge within 30 days, the person in whose
favour the charge is created may apply to the ROC for registration.
3. Charge is not required in case of pledge.
4. Charge is registered with ROC in whose jurisdiction the registered office of company is located.
5. ROC can allow further 60 days on payment of late fees. Maximum 60+60 = 120 days (previously 300
days)
Form for Registration of Charge
CHG1 Fresh Charge
CHG1 Modification
CHG4 Satisfaction
Small Company
Paid up capital : max. 10 crore
Annual turnover : max. 100 crore
pg. 33
9. He can conduct HUF business agent, to open bank account or to obtain loan for HUF Business can create
charge on HUF assets.
10. Karta can open bank account for precaution, all major coparceners should sign AOF.
Trusts
No bank account of Public Trusts can be opened without taking the registration certificate issued by the
Charity Commissioner. For Private Trusts, registration is optional. For Public trusts, Registration
compulsory. Public Trusts are governed by Indian Trust Act 1882
Parties of a Trust
The Settler : Person who setup the Trust.
The Trustee : The person or a corporation who manages the Trust Assets (one or more) according to Trust
Deed.
The Beneficiary : The person who receives benefits from the trust.
Operational Authority :
The operation and other aspects of the book account are to be conducted as per the Trust deed.
The loan should be for the objects as mentioned in the Trust Deed.
Stop Payment of a cheque and revocation of stop payment as per Operational Authority.
Trustee's Death :
If anyone trustee dies, the Provision of Trust deed operate.
If sole trustee dies, further operation in the account should be stopped and cheque already signed be paid.
. If date of cheque prior to his death, the court can appoint a trustee.
Trustee cannot delegate his powers
Power/Trustee Rights - As per Trust Deed
KYC Documents : Copy of trust deed + 1D of trustee
Sign on AOF : Authorised Trustees as per Trust Deed
pg. 34
Nomination
No. of Nominee
Deposit Account 1
Safe Custody Single Accounts (only 1)
Joint Accounts - nomination not allowed
Safe Deposit Locker Single accounts (only 1)
E/s - not allowed.
Joint Account - more than one but not more than two
Nominee is an agent : In nomination, the nominee is treated as an agent for receiving money i.e. Trustee of
the Legal heirs.
In case of joint account, all person to sign the nomination
Premature Payment :
Premature Payment to the nominee before due date is a valid discharge to bank in case of deceased
account, no loan.
Legal Heir Vs. Nominee :
When both nominee and legal heirs approach the bank. For getting payment after the death of depositor or
locker holder, bank will make payment to the nominee and not to legal heirs unless there is court order to
make payment to legal heirs.
Bank gets a valid discharge by payment to nominee.
Name of Nominee :
On FD and passbook nomination registration will be written and if depositor agrees name will also be
print.
When does the right of nominee start?
Right of nominee starts only after death of all depositors/locker holders/ safe custody articles lodger.
Forms for nomination
Deposit Safe custody Safe Locker
For Fresh nomination DA1 SC1 SL1
For cancellation DA2 SC2 SL2
For change in nomination DA3 SC3 SL3
pg. 35
Cash Reserve Ratio (CRR)
Repo Rate :
Under Repo, RBI purchases govt. securities from banks to Increase Liquidity with banking system.
In this process Govt. Securities moves bank to RBI and liquidity moves RBI to bank.
This transaction is done at Repo rate.
Reverse Repo:
pg. 36
Under Reverse Repo RBI sells govt. securities to banks to reduce liquidity with the banking system.
In this process Govt. Securities moves RBI to Bank and liquidity moves Bank to RBI
This transaction is done at Reverse Repo Rate.
As per Sec20(1) BR Act Banks can't grant loan to its own directors except when permitted by RBI
RBI has permitted following loans
Loan against own deposit
Loan against govt securities
Loan against LIC
Credit Card
Staff loan to employee and officer director
Loans to Directors of other banks relatives of Directors of own & other Bank
If loan below 25 lakh Officer can give within his power subject to
repotting to Board
If Loan more than 25 lakh It will be sanction by Board only.
Loan to Value Ratio of Home Loans
,
LTV = = = 80%
HOUSING
Loan Maximum LTV
Loan up to 30 lakh 90%
above 30 lakh to 75 lakh 80%
above 75 lakh 75%
GOLD JEWELLERY 75%
Cost of stamp duty and registration charges not to be included in value of securities for LTV Ratio for
house cost above Rs. 10 lac.
Bank should not grant any Advance against Gold bullion/primary gold.
Banks are permitted to grant Advances against gold ornaments and jewellery and specially minted gold
coins sold by banks weight of coin max. 50 gram per customer.
Loan against pledge of gold.
pg. 38
CRILC – Central Repository of Information on Large credits
CRILC Main
Sent Monthly
Rs. 5 cr. and above Exposure to Large Borrowers
Current A/c balance 1 cr and above
Non co-operative borrowers
CRILC – SMA2
submitted on 'as and when' basis
Bank shall report to CRILIC all borrower accounts in default (with aggregate exposure of Rs. 50 million
and above) on weekly basis at the close of business on every Friday.
pg. 39
CONSUMER PROTECTION ACT 1986
The act extends to whole of India except J & K. J & K has a separate act on similar lines.
WHAT IS THE LIMITATION PERIOD FOR FILING COMPLAINT
Two years from the date of cause of action (Sec. 24A).
pg. 40
Foreign Exchange
Buying rate : Rate at which Bank will purchase FX. It is called as Bid Rate, inflow of FC.
Selling rate : Rate at which foreign exchange sold by the bank. It is also called as offer rate.
1. TT buying rate : If NOSTRO A/c of the bank is credited before credit to customers A/c TT buying rate
will be applicable.
Example : i. Receipt of electronic remittance from abroad for credit to local A/c
ii. Payment of Foreign DD drawn on us
iii. Cancellation of outward TT, MT, PO, etc.
iv. Cancellation of forward sale contract
(budk iSlk gekjs [kkrs esa vk pqdk gS)
2. Bill Buying rate
When customer in India is paid before credit in our NOSTRO A/c of the Bank.
Example : i. Purchase/Discounting of Bills and other instruments
ii. Where bank has to claim cover after payment.
3. Bill Selling rate
is applied when there is outflow of fund.
when along with forex import bills are handled.
Transaction involving transfer of proceeds of import bill, the rate to be applied is bill selling rate.
4. TT Selling rate
outward without handle import bills
Example
pg. 41
i. Issue of Foreign DD
ii. Cancellation of Forward Purchase Contract
iii. Bill Purchased Returned unpaid
iv. Outward remittance such as DD, TC etc.
OBC OBC
A/c used by OBC
PNB's NOSTRO
⇒ If a domestic bank does not have A/c in Foreign and uses NOSTRO A/c of Domestic Bank in Foreign
called LORO A/c.
LC is an unconditional undertaking given by the issuing Bank on behalf of applicant (Importer) in Favour
of Beneficiary (Exporter). Undertaking to make payment on presentation of documents as per the terms
and condition of LC.
Main Parties to LC
Applicant/Importer – Buyer or importer on whose request the LC is opened.
Issuing/Opening Bank – Who is importer's Bank, which opens LC on behalf of importer.
Beneficiary – In whose favour LC is opened (Exporter)
Advising Bank – It is the Branch of issuing Bank or its correspondent in exporter's country to advise the
LC to the Beneficiary. This Bank is not liable for payment but it is liable for ensuring the genuineness of
LC.
Confirming Bank – Gives additional undertaking to make payment in addition to undertaking of issuing
bank.
Nominated Bank/ Negotiating Bank – Bank that checks the document and makes payment to
beneficiary within 5 working days.
pg. 42
UCPDC (UCP) - 600
All LC transactions are subject to uniform customs and practice for documentary credits which come into
force from 1 July, 2007 issued by International Chamber of Commerce, Paris. When there is a contradiction
between terms of LC and UCPDC, provisions as stated in LC will prevail.
Main features of UCP-600 are contained in articles as follows
1. Article 5 : Banks deal with documents and not with goods and service.
2. Article 14 : The number of days available for examination of documents to Negotiating/Nominated Bank
and issuing/opening bank each have a maximum 5 Banking days for examination of documents.
Presentation must be made by the beneficiary not later than 21 calendar days after the date of shipment
but not later than the expiry date of the credit. Otherwise it will be treated as State Bill of Lading.
3. Article 28 : If there is no indication in the credit of the insurance coverage required.
Minimum amount of insurance 110% of CIF value.
Currency of the insurance should be same as of LC
CIF - Cost, Insurance, Freight
Insurance Policy should cover risk from date of shipment.
4. Article 36 : This article deals with disclaimer on 'Force Majeure' now 'acts of terrorism' has been added in
this Article.
if an expiry date of LC there is Public Holiday in the Bank then LC can be negotiated on next day.
but if on expiry date of LC Bank are closed due to riots or strike or terrorism, Act of God then expiry date
will not be extended.
5. If words 'about' 'approximate' is written in LC with quantity or amount, then variation of ±10% is
permitted if word 'about' is not written in LC with quantity or amount, then variation of ±5% is permitted
in quantity but not in amount.
pg. 43
where ho does not hold himself liable - without Recourse.
Risk depend on type of LC, can be beneficiary or nominated bank risk.
Types of LCs
1 Revocable LC cancellable - which can be cancelled or modify by the Issuing Bank without
informing to the beneficiary.
2 Irrevocable LC Non-cancellable - Once an irrevocable LC is issued, it cannot be changed or
cancelled without the consent of the beneficiary. If nothing mentioned, LC
will be treated as irrevocable
3 Confirmed LC LC that is guaranteed by second bank in addition to the issuing bank.
4 Transferable LC This LC can be transferred by 1st beneficiary in favour of 2nd beneficiary in
full or parts.
5 Stand by LC This LC is substitute for guarantee of payment. A stand by LC assures
payments to beneficiary in case of non-performance by opener of LC.
According to capital adequacy ratio this is most risky LC.
6 Back to Back LC 2nd LC issued on security of original LC by Beneficiary Bank in favour of
Beneficiary Supplier. Terms of LC will be same other than price.
7 Red Clause LC An LC in which a provision is provided by the issuing bank for allowing Pre-
shipment Credit to the beneficiary for manufacturing and packing. It provide
advance to beneficiary before presentation of document.
8 Green Clause LC Has provision for allowing Pre-shipment Credit to the beneficiary for
storage/warehouse facility prior to shipment on board. (its extension of Red-
Clause LC)
9 Revolving LC where business dealings are on going basis, such LCs are opened. There are
meant for more than one dealing. (it is used like CC limit)
10 With recourse LC With liability of beneficiary
11 Without recourse LC Without liability of beneficiary
Forex
Type of person-for the purpose of FEMA, a person can be classified as 1. Resident 2. Non-Resident
Resident – who stays in India for more than 182 days in previous financial year.
Non Resident – A person who is not resident in India is a non-resident.
Two types of Non Resident
1. NRI, PIO
2. Foreigners.
NRI : A citizen of India but resident outside India in connection with his business, profession etc.
PIO :
i. who held Indian Passport at any time
pg. 44
ii. Either of his Parents/Grand Parents were a Citizen of India and who is presently not a national of
Pakistan or Bangladesh Spouse of PIO considered as PIO
Foreigners-Other persons are foreigners
Foreign Exchange Facilities for Residents
Remittance abroad without any specific purpose under LRS (including gifts/donation and excluding
prohibited activity)
LRS -remittance upto USD 250000 per financial year allowed for current & capital A/c transactions.
Time for purchase of Forex : Before 60 days of journey
Mode of purchase of Forex paying cash : Rs. 50000
Form of Forex currency : upto USD 3000 in FC
upto USD 5000 for Iraq and Libya
For Russia and Iran and CIS countries and for HAJ Pilgrimage - No ceiling
Indian Resident and Non Residents are permitted to bring currency notes into country and taking out of
the country Indian currency notes upto Rs. 25000/- to any country including Nepal and Bhutan, except
Pakistan and Bangladesh.
Unspent Foreign Exchange:
Foreign exchange upto US$ 2000 in coins + other forex or TCs can be retained by Resident Indians out of
unspent Foreign Exchange brought back by him, can be utilised.
For subsequent visits abroad during the specified period. The balance (over US$2000) has to be
necessarily surrendered to Authorised Dealer within 180 days or deposit in RFC Account.
There is no restriction on Residents holding Foreign coins.
Resident can bring any amount of Foreign exchange from abroad, which may be in the form of currency
or FCTC.
If amount exceeds USD$10000 or its equivalent in TC/currency or currency notes, exceeds USD$5000 or
its equivalent in FC, Resident has to declare to Customs Authority in CDF (Currency Declaration Form)
Total Amount > USD$10000, Currency notes > USD$5000
Forex can neither be taken to nor brought from Nepal and Bhutan.
Indian rupees can be taken to Nepal and Bhutan in the denomination of Rs. 100 or below upto any amount
for denomination above Rs. 100, the limit is Rs. 25000.
Foreign exchange in the form of currency can be taken abroad up to USD 3000 and balance in the form of
traveller cheque or draft.
1. Who can open : This account can be opened by a resident individual who was NRI and returned to India
2. Stay period outside India : Min 1 year
3. Jointly with resident relative as joint holder on F/S basis
4. Type of Account : CA, SB, FD Account (7 days to 10 years)
5. ROI and period of FDR : Bank discretion (Normally not more than Domestic Rate)
6. Source of Funds : Foreign exchange received as pension or other benefits from employer realization of
Assets held abroad.
7. Outward remittance : No restrictions (Not part of LRS)
Balance in existing accounts (non-resident accounts)
pg. 45
8. Proceeds of FCNR/NRE can credited to RFC A/c when status changes to resident.
9. Loan is not allowed against deposit
10. FCNR balance transferable on maturity
11. NRE account can be transferred immediately
12. NRO Account will be designated as Resident account (Funds cannot be transferred from NRO Account to
FCNR)
13. Local Amount will not deposit in it.
pg. 46
Periodicity of Interest : After every 180 days
No compounding for Non-Resident External Rupee Account FD upto 1 year.
pg. 47
Govt. Schemes
1. SSA is a Government of India backed saving scheme targeted at the parents of girl children. The scheme
encourages parents to build a fund for the future education and marriage expenses of their female child.
2. The scheme was launched by Prime Minister Narendra Modi on 22 January 2015 in Panipat, Haryana.
The Accounts can be opened at any India Post Office or a branch of some authorized commercial banks.
3. The account can be opened anytime between the birth of a girl child and the time she attains 10 years age
by the parent/guardian.
4. Only one A/c is allowed per child. Parent can open a maximum of two accounts for each of their children
(exception allowed for twins and triplets). The account can be transferred to anywhere in India.
5. A minimum of Rs. 250 must be deposited in the account initially. Thereafter, any amount in multiples of
Rs. 100 can be deposited however, the maximum deposit limit is Rs. 1,50,000.
6. The girl can operate her account after she reaches the age of 10. The account allows 50% withdrawal at
the age of 18 for higher education purposes.
7. The account reaches maturity after time period of 21 year from date of opening it.
8. Deposits in the A/c can be made till the completion of 14 years, from the date of the opening of the
account.
Interest Rates Revisions
Sr. Financial Year Date Range Interest Rate Min. balance Max. investment
No.
1. 2014-15 1.4.14 to 31.3.15 9.1 1000 1,50,000
2. 2015-16 1.4.15 to 31.3.16 9.2 1000 1,50,000
3. 2016-17 1.4.16 to 31.12.16 8.6 1000 1,50,000
4. 2016-17 1.1.17 to 31.3.17 8.5 1000 1,50,000
5. 2017-18 1.4.17 to 30.6.17 8.4 1000 1,50,000
6. 2017-18 1.7.17 to 31.12.17 8.3 1000 1,50,000
7. 2018-19 1.1.18 to 30.9.18 8.1 250 1,50,000
8. 2018-19 1.10.18 to onward 8.5 250 1,50,000
pg. 48
4. Pre-mature withdrawal of upto 50% of the amount is allowed after the account holder turns ______ for the
requirement of _________
(a) 21 year, marriage
(b) 18 year, marriage or higher education
(c) 18 year, marriage
(d) 21 year, marriage or higher education Ans. (b)
5. SSY account can be opened under the name of the girl child, till she attains an age of _______
(a) 10 years
(b) 11 years
(c) 12 years
(d) 14 years Ans. (a)
6. The maturity duration of the account is _______ from the date of opening of the account.
(a) 10 years
(b) 14 years
(c) 21 years
(d) 25 years Ans. (c)
7. The maximum limit for deposits in the SSY A/c is Rs. _____ per year.
(a) Rs. 1,00,000
(b) Rs. 1,50,000
(c) Rs. 2,00,000
(d) No limit Ans. (b)
Account can be opened only in the name of individuals. Joint Accounts and HUF account not allowed.
Contribution : Minimum Rs. 500 & maximum Rs. 1,50,000 p.a. (maximum 12 instalments in a year)
Period : 15 years, can be extended by blocks of 5 years each.
Nomination : allowed, nominees can be one or more than one
Penalty for non deposit in a FY : Rs. 50 per FY
Interest rate on deposits : Current 7.6%
1. Atal Pension Yojana is a pension scheme mainly focused on the unorganized sector.
2. Eligibility : APY is open to all citizen of India have a Saving Bank A/c.
3. Age for joining : Minimum age is 18 years and Maximum 40 years
4. Pension : 1000 to 5000 per month after the age of 60 years until death.
5. The government would make a co-contribution @ 50% of the total contribution, or Rs. 1000 per annum,
whichever is lower for 5 years (FY 2015-16 to 2019-20) to all eligible subscribers who has joined APY
before 31.12.2015.
6. Incentive : Per capita incentive @ Rs. 100/- is available for mobilising new accounts.
7. On the death of subscriber, spouse can claim the pension. On the death of both the contributor and his/her
spouse, the nominee will be given the accumulated corpus of the subscriber.
8. Exit from APY may be permitted in special circumstances like terminal illness or death of the subscriber.
In such cases, the accumulated corpus will be returned to the subscriber or to the nominee, as the case
may be. In case of voluntary exit from APY before the age of 60 for other reasons, government's co-
contribution and returns thereon are not paid to subscriber.
Objective : Facility to the poorest of poor on Pan India basis Banking by using technology. Routing
governments benefits direct in the bank accounts of beneficiaries and DBT (Direct Benefit Transfer).
Features of PMJDY
No requirement of minimum balance – zero balance A/c
Accidental insurance of 1 lac.
Life Insurance cover of Rs. 30,000/-
OD facility upto Rs. 10,000 to be permitted on 6 months of satisfactory operation
No condition attached for OD upto Rs. 2,000/-.
Introduction : GOI in the Budget Speech of 2018-19 has announced the enhancement of maximum limit
under PMYVY to Rs. 15 lakhs per senior citizen. The period of sale for this scheme has also been extended
upto 31st March 2020.
LIC of India has been given the sole privilege to operate the scheme.
Benefits
Pension Payment
Death Benefit
Maturity Benefit
Eligibility conditions
Minimum entry age : 60 years completed
Maximum entry age : No limit
pg. 50
Policy term : 10 years.
Minimum & maximum pension Rs. 1000 P.M. to 10,000 P.M.
Mode of pension : yearly, half yearly, quarterly, monthly
MUDRA : Micro Units and Development & Refinance Agency Ltd. It is new institution setup by Govt. to
provide funding to the non-corporate, non farm sector income generating activities of micro & small
enterprises whose credit need are below Rs. 10 lakh.
pg. 51
Negotiable Instrument Act
Provisions relating to negotiable instruments are given in the NI Act 1881, applicable whole in India
including J & K
Section 13 gives the meaning of NI
As per sec. 13 of the Act, a promissory note, Bill of exchange or cheque payable either to order or to
bearer
Some instruments like Bill of lading, Railway receipts, Dock warrant, Warehouse receipt, Delivery order
etc. are also treated as negotiable instrument as per Transfer of Property Act
As per customs & usage certain instruments such as Govt. P/N, Certificate of deposit, Commercial paper,
Treasury bills are also negotiable instruments
Basic features of negotiable instruments
(a) Freely transferability : The instrument should be freely transferable (i) it may be by delivery if it is
payable to bearer.
(ii) By endorsement and delivery if it is payable to order.
(B) The title of transferee will be better than the transferor.
(i) The person taking the instrument bonafide for value (known as holder in due course) gets an absolute
title to the instrument notwithstanding any defect in the title of the transferor or any prior party.
pg. 52
Electronic Cheque
It is exact mirror (scanned) image of a paper cheque, signed by drawer, in secure payment system, with an
electronic signature and asymmetric crypto system
Electronic signature has two keys
(1) Private key (used for signing)
(2) Public key (used for verification of signatures)
HOLDER : A person who is entitled to hold the negotiable instrument in his own name, to possess the
instrument and to recover or receive its amount due from the parties thereto is called a holder.
HOLDER IN DUE COURSE : A person who become possessor of NI for valuable consideration, in good
faith, before becoming due, and without having any reason to believe that the person transferring the
instrument was not entitled thereto.
Payment of Cheques
Payment in due course : As per Sec. 10, a payment would be considered in due course if made
(a) Payment in good faith
(b) without negligence
(c) Payment as per apparent tenor
(d) to a person in possession of the instrument
(e) Do not afford a reasonable ground for believing that he is not entitled to receive payment of that amount.
pg. 53
If the balance in the A/c is insufficient to pay the cheque, it should not be paid relying on the balance in
some other account of the same customer or transferring the amount from the other account of the same
customer.
Example : Ram has SB A/c with Rs. 20,000 balance and C/A with average balance of Rs. 5 lac balance
Cheque issued Rs. 25,000 in SB A/c can't be paid.
If number of cheques are presented at the same time and balance is not sufficient to pay all the cheques,
then normally priority is given to cheques favouring revenue authorities, then public authorities and if
balance is left maximum number of cheques should be passed.
Bank will have to pay the cheque if there is sufficient balance even after that balance below minimum
balance condition.
Example : Ram SB A/c has Rs. 20,000 balance, min. balance condition is for Rs. 1,500, cheque of Rs.
20,000 is presented by Shyam, the payee – Bank will have to pay.
(3) Presented during business hours : The payment of a
Cheque should be made only during banking hours otherwise it will not be payment in due course.
If payment is made to payee, bank will be liable for loss to the customer.
However in case of payment to drawer, the payment of a reasonable amount can be made, bank is not liable in
that condition even payment after banking hours.
Amount of cheque
The amount should be written both in words and figures.
As per Sec. 18 of the NI Act, if the amount written in words and figures differ, the amount written in
words should be paid.
Example : Amount is Rs. 2 lac in words and Rs. 2,000 in figures cheque to be paid for Rs. 2 lac
Amount written in words is called : Legal amount
Amount written in figures is called : Courtesy amount
Language
The cheque should be written in Hindi, English or Regional Language. Bank is within its power to return
a cheque written in language other than the language of that region.
Signature on Back
When a cheque is presented for payment, signature of the presenter are taken on the back as a witness of
payment. If the presenter refuses to sign, the bank can take receipt on a separate paper.
Format of cheque
Form of cheque is not prescribed in any act, it is practice
Design of CTS cheques is approved by RBI under its CTS 2010 Regulations
All banks providing cheque facility to their customers, will issue only 'CTS-2010' standard cheques across
the country.
W.e.f. 1.1.19 only CTS cheques for CTS clearing
Date on cheque
pg. 54
If a cheque dated prior to the date of opening the account or issue of cheque book can be paid if otherwise
in order.
Example : A cheque written on Jan. 15, is dated as Jan. 10, A/c opened on Jan. 13, it will be paid
Stale Cheque :
It is a cheque, the validity period of which has expired.
As per RBI guidelines issued under Section 35A of BR Act, a cheque becomes stale after 3 months of its
issue (w.e.f. 1.4.12).
The validity can be reduced by the drawer but it cannot be extended.
Example : Cheque dated 10 June 2019 becomes stale on 10 Sep 2019
On a cheque becoming stale, the cheque can be revalidated upto 3 months at a time.
Example : If cheque revalidated on Aug. 20 is valid till Nov. 20.
Impossible date :
Where date written on a cheque is a non-existed date, cheque treated dated as last date of that month, it
can be paid on that last day of the month or within three months of the last day of the month
Example : Cheque dated 31.06.17 is treated as dated 30.06.17
Alteration in Cheque
Types of crossing
General crossing
Special crossing
Non negotiable crossing
Account payee crossing
General crossing
Two parallel lines can be with or without word
Lines important not words
Cheque presented with words 'Delhi' written in lines will be paid if presented in 'Mumbai'
A general crossing can be converted into a special crossing.
Special crossing
Name of a bank is written on the face of a cheque with or without two parallel lines.
Name of bank important not the lines.
Direction to paying bank for paying to that bank whose name is there on the face of the cheque.
Cheque crossed to two or more branches of the same bank, is considered to one bank only.
If a crossed specially to more than one bank (unless one bank is acting as collecting agent to another) the
payment shall be refused.
pg. 56
When Banker must Refuse Payment
A paying banker must refuse payment on cheques if any of the following circumstances exist –
(1) on receipt of a notice of customer's death
(2) on customer/s becoming insolvent
(3) on receipt of a notice of the customer insanity
(4) on receipt of Garnishee/Attachment order
(5) post dated/stale cheque/incomplete cheque
(6) where the customer countermands the payment (stopped by the drawer)
(7) Insufficient balance/not presented during business hours/signatures not as per record
(8) On suspicious misuse by trustee.
Fraud Prevention
If a bank collects a cheque for a customer, which not belong to the customer, it is conversion.
Conversion mean an unauthorized act that wrongful or unlawful interference with another person's
property by another person, without his consent.
Protection to collecting banker is available under Sect. 131 of the NI Act.
Protection for collection of demand drafts that is as per Sec. 131A of NI Act.
Protection is available only if
(1) The cheque/draft is crossed.
(2) It receives the payment in good faith & without negligence.
(3) The bank receives the payment for its customer.
(4) The bank acts as agent for collection and not holder for value.
Sec. 89 protection for payment bank for materially altered instrument.
Sec. 128 protection for payment in due course of crossed cheques.
85-1 protected by payment in due course of order cheque.
85-2 protected by payment in due course of bearer cheque.
pg. 57
85-A protected to paying banker in case of Bank Draft.
As per Sec. 138 of the Act, when cheque is dishonoured for insufficient funds in the account of the
drawer, the payee (Holder) gets the right to file suit, subject to fulfillment of certain conditions.
Suit can be field in the court of 1st class Judicial Magistrate or Metropolitan Magistrate.
If cheque present across the counter : As per branch location where drawer maintains A/c.
If cheque received for collection : As per branch location where payee has A/c.
Bill of Exchange
pg. 58
BASEL - III
The Basel Standards are developed by the Basel Committee on Banking Supervision (BCBS), a ground
within the Bank For International Settlements (BIS) in Basel, Switzerland, to ensure safety, soundness
and solvency of the Banking System.
BASEL-II (2004) :-
It was implemented
mplemented in India from March 31, 2008.
BASEL-III (2010) :-
RBI guideline have becomes effective from 1 April 2013 in a phased manner. The BASEL III Capital Ratios
will be fully implemented as on March 31, 2019.
Objective :
1. Enhancing banking sector'ss ability to absorb shocks arising from Financial and economic stress.
2. To reduce risk of spillover from financial sector to real economy.
India % BCBS %
1. Overall Capital Min. 9% of RWA 8%
Adequacy Ratio
2. Tier – 1 Ratio Min. 7% of RWA 6%
3. CET – 1 Ratio Min. 5.5% of RWA 4.5%
pg. 59
4. AT – 1 Ratio Can be 1.5% of RWA 1.5%
5. Tier – 2 Ratio Can be 2% of RWA 2.00
6. will be
If AT – 1 is more than 1.5% than excess portion can be taken as Tier – 2 Capital.
In addition to this banks are required to bring Capital Conservation Buffer (CCB)
CCB will be brought as CET – 1 Therefore including CCB Ratio will be
Component of Tier – 1
CET-1
1. Paid-up capital
2. Statutory Reserves
3. Share premium
4. Capital reserves from sale of assets
5. Other Disclose reserves
6. Revaluation reserves @ 55% discount (if reserves are of 100 crore then 45 would be taken)
7. FOREX translation reserves @ 25% discount
Tier 2 Capital
1. General Provision and Loss Reserves (can be max. 1.25% of RWA)
2. Redeemable Cumulative Preference Share
3. Redeemable Debts Instruments
4. Redeemable Non Cumulative Preference Share
All preference share except PNCPS
pg. 60
(3) Approach for Operational Risk
(a) Basic Indicator Approach
(b) Standardized Approach
(c) Advanced Measurement Approach
pg. 61
All
The
Best
pg. 62
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