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INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

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Page 1: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

INDIAN INSTITUTE OF BANKING & FINANCE

LEGAL ASPECTS OF BANKING OPERATIONS JAIIB

MODULE A & B04.11.06

Page 2: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

• 01.. Identify the Act which regulates entry into Banking Business by Licensing

• A. Banking Regulation Act

• B. Indian Contract Act

• C. Reserve Bank of India Act

• D. All of these

Page 3: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

• 02.. Raj has appointed Chitra as the nominee for his Life policy whereas Chitre has been appointed as nominee for his Term deposits. In case Chitra and Raj both die.

• A. Chitre will not get Term deposit amount• B. Chitre will get Term Deposit amount• C. Chitra is not in the picture • D. Chitre will also get Life Policy money

Page 4: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

03..Unclaimed deposit return to be filed within

A.. 30 days as per RBI Act

B.. 30 days of the close of financial year

C.. 30 days of the close of calendar year

D.. 30 days of the close of half year

Page 5: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

• 04..Surti has approached the paying bank to handover the original cheque issued in his favor by Suraj (since paid)

• A. Drawee bank has to hand over

• B. Drawee bank need not hand over

• C. Suraj is not the drawer but only payee

• D. A photocopy can be given

Page 6: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

05..A company approached RBI for bank licence which was refused by them.

• A..The company can still function as a mini banker.

• B.. The company can undertake banking business on a limited basis

• C.. The company can carry on money lending business

• D.. The company cannot do any business

Page 7: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

• 06..Identify the odd one (Foreign Banks)• A. Need not comply with the provisions of

BR Act• B. Need to comply with the provisions of

BR Act• C. Has to keep cash, unencumbered

approved securities or partly in both• D. For business in Kolkata Rs.20 lacs

Page 8: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

• 07..The scheduled banks have to submit their returns to RBI about their demand and time liabilities as per the provisions of the

• A. Banking Regulations Act,1949

• B. Banking Regulations Act,1970

• C. Banking Regulation Act,1980

• D. None of these

Page 9: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

• 08..Every banking company has to prepare its balance sheet and profit and loss account as stipulated in

• A. Reserve Bank of India Act

• B. Banking Regulation Act

• C. Both a & b

• D. None of these

Page 10: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

• 09..The return of liquid assets of the bank has to be submitted to RBI within

• A.. 7 days from the end of the month• B. 14 days from the last Friday of the month• C. 20 days from the end of the month• D. 21 days from the last Friday of the month

Page 11: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

10..Non Scheduled banks to submit return of cash reserve to RBI

A.. Within 21 days from the end of the month

B.. Within 3 weeks from the end of the month

C.. Within 4 weeks from the end of the month

D.. Before the 20th day of every month.

Page 12: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

11..Apart from regular inspection, RBI is empowered to conduct scrutiny of the affairs and the books of the banking company by

A.. Executive Director of the concerned bankB.. DGM of State Bank of IndiaC.. External AuditorD.. None of them

Page 13: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

12..The Board for Financial Supervision (Board) consists of (identify the odd one)

A.. Governor of RBI

B.. Deputy Governors of RBI

C.. Four Directors from the Central Board of RBI

D.. Three Executive Directors of RBI

Page 14: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

13..With regard to Moratorium and Amalgamation of Banks, the moratorium period can be upto

A.. 2 months

B.. 3 months

C.. 6 months

D.. Any period as decided by RBI

Page 15: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

14..The sanction by them is the conclusive evidence that the amalgamation / reconstruction has been done in compliance with the provisions of the relative Act.

A. Reserve Bank of India

B. State Government

C. State and Central Government

D. Central Government

Page 16: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

15..Who can be an official liquidator in respect of bank liquidations.

A.. RBI

B.. SBI

C.. Any other bank notified by Central Govt

D.. All the above

Page 17: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

16..Under the provisions of BR Act, if RBI impose penalty for default of contravention, then

A.. The same can be altered by the court

B.. The same cannot be altered by the court

C.. No complaint shall be filed in the court

D.. Complaint can be filed in the court

Page 18: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

17..RBI holds shares of State Bank of India.A.. Shares are freely transferableB.. RBI cannot transfer the shares if such

transfer would result in reducing its holding below 51 % of the issued capital

C.. They cannot transfer below 50% of the paid up capital

D.. None of these

Page 19: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

18..Banks were established under State Bank of India (Subsidiary Banks)Act,1959. Identify which is not correct.

A. State Bank of Mysore

B. State Bank of Travancore

C. State Bank of Saurashtra

D. State Bank of Bikaneer and Jaipur

Page 20: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

19..The State Bank of India has to close its books and balance accounts each year as on 31 December or such other date as may be specified by the Reserve Bank of India.

A.. True B.. FalseC.. Partially CorrectD.. It is 31st March and not December

Page 21: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

20..The State Bank of India is empowered to inspect the subsidiary banks

A.. The above statement is not incorrect.

B.. The above statement is incorrect

C.. Only RBI can inspect and not State Bank

D.. None of these

Page 22: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

21.. State Bank of Mysore was established as per the provisions of

A.. Reserve Bank of India Act

B.. State Bank of Mysore Act

C.. State Bank of India Act

D.. None of the above

Page 23: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

22..The issued capital of the Regional Rural Bank is held as 35% : 50% : 15% by

A.. RRB :State Government : Sponsor Bank

B.. RBI :State Bank of India : RRB

C.. Sponsor Bank: Central Govt : RBI

D.. None of these

Page 24: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

23..Identify the odd item (Subsidiary Banks of SBI)

A.. A body corporate

B.. Perpetual succession and has common seal

C.. Cannot sue in its own name

D.. Others can sue

Page 25: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

24..A nationalized bank has to hold an annual general meeting of shareholders within

A.. 3 weeks of the date of Balance sheet

B.. 6 weeks of the date of Balance sheet

C.. 6 months of the date of Balance sheet

D.. None of these

Page 26: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

25..The State Bank of India Act was amended by the State Bank of India (Amendment) Act,1993 and modified to divide capital into shares of

A.. Rs.100 into Rs.10 eachB.. Rs.1000 into Rs.100 eachC.. Rs.1000 into Rs. 50 eachD.. Rs.100 into Re 1 each

Page 27: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

26.. The licensing part of the Co-operative Banks, hether to looked after by RBI has been shifted to

A.. Respective State Governments

B.. Respective Registrar of Co-operatives

C.. No such change and RBI looks after

D.. Centralized with Central Registrar

Page 28: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

27.. Displaying of an audited balance sheet not later than the first Monday in August of any where the business held

A.. Applicable to all banks

B.. Applicable to New Private banks

C.. Applicable to Multi State Co-op Banks

D.. None of the above

Page 29: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

28...Banking Ombudsman is

A.. Discontinued

B.. A new company has been set up

C.. Applicable to adherence to prescribed working hours by bank branches

D.. All the above are not correct

Page 30: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

29..The paying banker will get protection in respect of

A.. Forged signature of the drawerB.. Forged signature on the endorsementC.. Paying a post dated cheque, about which

he has knowledgeD.. A cheque which is torn not certified by

collecting banker

Page 31: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

30..Identify the odd item( Transfer by way of an Assignment)

A.. The right over an Life Policy

B.. The right on receivables

C.. The right over the bank fixed deposit

D.. None of the above

Page 32: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

31..A cheque has been paid having visible alterations (without authentication) on figures and date. The drawee

A. Will not get protection under Sec10/NI Act

B. Will get protection under Sec89/NI Act

C. Will get protection under both sections.

D. Will not get protection under both sections

Page 33: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

32..Identify the odd one (negligence on the part of collecting banker)

A ..Collected for a customer

B ..Verified the crossing before collection

C.. Opened the account without proper identification

D.. Refused to collect third party cheque

Page 34: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

33.. An uncrossed cheque has been collected for a customer. However the collecting bank affixed their crossing seal (rubber stamp) before collecting.

A.. Amounts to negligenceB.. Collecting bank will not get protectionC.. Collecting bank will get protectionD.. Crossing by bank serves the purpose

Page 35: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

34..A customer issued a cheque favouring Telephone Dept. However in the account there was no sufficient balance. The bank dishonoured the cheque

A. The bank is in orderB. The bank is not in orderC. The customer can claim damagesD. The drawer need not inform in advance

Page 36: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

35..The bank obtains indemnity in all the following cases excepting one. Identify.

A.. To issue Duplicate DD for Rs.1.00lac

B.. To settle the death claim where one of the

claimants is a minor

C.. To issue Duplicate Fixed deposit receipt

D.. None of these

Page 37: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

36.. Which statement is in correct.A.. A paying banker will not get protection if

it is not a payment in due courseB.. A collecting bank will get protection if he

is negligentC.. There is only one contract in an indemnityD.. Indemnity if witnessed will be treated as a

bond and attracts ad valorem stamp duty.

Page 38: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

37. A performance guarantee has been invoked by the beneficiary. At the time of receipt, there is no sufficient balance in the account of the client

A. The bank can ignore the invocationB. The bank can postpone making paymentC. The bank has to payD. None of these

Page 39: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

38.. A bank while issuing a bank guarantee with 100% margin

A. Need not obtain Counter GuaranteeB. As it is fully securedC. Need to obtain stamped Counter

Guarantee D. Unstamped Counter Guarantee is enough

since it is fully secured with 100%

Page 40: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

39.. The client approached the bank not to honour the guarantee since he has a dispute with the beneficiary. The customer is a good customer.

A. Bank to oblige

B. From the angle of customer service, bank to support him

C. Bank is bound to protect customer’s interest

D. All the above are not correct

Page 41: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

40. On a Letter of Credit, the court will not interfere, since it is a commitment by an individual banker to the beneficiary.

A.. Not True B.. Not FalseC.. Unless a fraud or forgery the court will not

interfereD.. Court will interfere at the request of the

party

Page 42: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

41.. The Red Clause LC and Green Clause LC are one and the same.

A.. True B.. False

C.. Both are usual LCs

D.. Green Clause LC is the refinement of Red

Clause LC

Page 43: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

42..This bank is appointed by another bank to make reimbursement to the Negotiating, Paying or Confirming Bank.

A.. LC opening bank & Reimbursing Bank

B.. Issuing Bank & Advising Bank

C.. Reimbursing Bank & Advancing Bank

D.. None of these

Page 44: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

43..The combined Transport bill is also called

as

A.. Multiple Bill of Lading

B.. Multiple Bill of Entry

C.. Multiple Bill of Exchange

D.. None of these

Page 45: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

44.. LASH (Lighter Alongside Ship) Bill of Lading will not be accepted when trans-shipment is prohibited by Letter of Credit

A.. The above is not incorrect

B.. The above is incorrect

C.. Not related to LC subject

D.. This is not a major issue

Page 46: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

45..Which statement is incorrect (LC)A. Banks will accept documents dated prior to the

date of LC, unless LC prohibits B. Banks will accept Bill of Lading showing third

party shipment, unless LC prohibitsC. The beneficiary can directly present the

documents to the opening bankD. Banks will accept BL showing shipment on

deck when LC is silent.

Page 47: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

46..A transferable Letter of Credit can be transferred

A. Only 2 times

B. Any number of times

C. Only 1 time

D. With the consent more than one time

Page 48: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

47..A further credit issued in favour of the beneficiary’s supplier on the basis of LC in favour of the beneficiary

A. Revolving Credit

B. Green Clause Credit

C. Back to Back Credit

D. Red Clause Credit

Page 49: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

48.. The bank that makes payment on the bills drawn by the seller or exporter is also known as the paying bank

A. Negotiating Bank

B. Exporter’s Bank

C. Importer’s Bank

D. Advising Bank

Page 50: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

49.. When capital goods are imported this type of Bank guarantee is insisted

A.. Performance Guarantee

B.. Advance Payment Guarantee

C.. Deferred Payment Guarantee

D.. All of these

Page 51: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

50..When an usance bill is dishonoured on account of non-acceptance or non-payment then Noting and Protest compulsory for

A.. Inland Bills

B.. Foreign Bills

C.. Both A & B

D.. Not compulsory for both type of bills

Page 52: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

51..Transfer of Property Act allows transfer by way of assignment in respect of

A.. Negotiable Instrument

B.. Actionable Claim

C.. Sale Transaction

D.. All the above

Page 53: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

52..Banker has to take adequate precautions in handling

A.. Recurring Deposit Account

B.. A Term Deposit (re investment) Account

C.. A Partnership Account

D.. A Trust Account

Page 54: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

53..Usually the Banker as a creditor has the right and not the possession in respect of

A. Pledge & Mortgage

B. Pledge & Third party Pledge

C. Mortgage & Hypothecation

D. Pledge & Hypothecation

Page 55: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

54..Identify the mortgage in which the possession is with the mortgagee

A. Usufructuary Mortgage

B. Equitable Mortgage

C. Mortgage by way of conditional sale

D. None of these

Page 56: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

55.. Which one is appropriate

A. Mortgage can be converted into Hypothecation

B. Pledge can become Mortgage, if needed

C. Hypothecation can be converted into Pledge

D. Assignment represents Negotiation

Page 57: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

56..On A property Simple Mortgage given on 23.04.06. Registered on 27.05.06. On the same property another Simple mortgage given on 23.05.06 and registered on 25.05.06.

A. I st mortgage will have priorityB. II nd mortgage will have priorityC. Both mortgages will not have priorityD. Two simple mortgages on same property not

possible

Page 58: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

57..Which one is incorrect.A. Foreclosure is the loss of the right possessed by

the mortgagor to redeem the mortgaged property.

B. The mortgagee can sue for foreclosure and not sale of property under conditional sale

C. The limitation period for filing suit for foreclosure is 12 years

D. The limitation period on a mortgage is 12 years

Page 59: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

58..Identify the odd one (Registration of charge)

A .. Assignment of Book Debts

B .. Equitable Mortgage of the building

C .. Collateral Security of Vehicle of the company

D .. None of these

Page 60: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

59..Which form is now not applicable in connection with Registration of Charge stages.

A .. Form 8

B.. Form 13

C.. Form 14

D.. Form 17

Page 61: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

60.. Which statement is incorrect.

A. Karta has the power to represent joint family

B..A minor can be a partner with the consent of other

partners

C..Affixing Common seal on loan documents is

optional unless specified in the Articles

D..Charge registration to be done by the company

Page 62: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

61..Which is not incorrect

A.. A charge on the ship need not be registered

B.. Registrar of Companies to maintain Index of Register of Charges

C ..Charge does not include mortgage over any or all properties of the company

D.. For Pledge Registration of charge applicable

Page 63: INDIAN INSTITUTE OF BANKING & FINANCE LEGAL ASPECTS OF BANKING OPERATIONS JAIIB MODULE A & B 04.11.06

ALL THE BEST

THANKS

T.M.C.VASUDEVAN

(M) 9819500380

® 022-27606208

E MAIL [email protected]