Kathmandu University School of Law, Kusl BBM, LL.B Semester VII Course Syllabus
This course syllabus covers Banking Law over 6 learning units across 48 contact hours. It aims to acquaint students with general banking principles, regulations, and legal issues. Key topics include the banking system evolution in Nepal; banker-customer relationships; lending practices and debt recovery; banking frauds; negotiable instruments; and ancillary services like remittances and e-banking. Students will be evaluated based 50% on in-semester work and 50% on an end-semester exam.
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Kathmandu University School of Law, Kusl BBM, LL.B Semester VII Course Syllabus
This course syllabus covers Banking Law over 6 learning units across 48 contact hours. It aims to acquaint students with general banking principles, regulations, and legal issues. Key topics include the banking system evolution in Nepal; banker-customer relationships; lending practices and debt recovery; banking frauds; negotiable instruments; and ancillary services like remittances and e-banking. Students will be evaluated based 50% on in-semester work and 50% on an end-semester exam.
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KATHMANDU UNIVERSITY SCHOOL OF LAW, KUSL
BBM,LL.B Semester VII
Course Syllabus
Course Title Banking Law
Course Code LBNK 453 Credit Hours Three 3 Course Objective This course is designed to primarily acquaint the students with the general principles of banking law and its operational parameters. It will cover the type of banks, their functions and relationship with customers and the banking frauds, the recovery of debts and the depth and breadth of bank regulatory law as it is applied to their clients. Several policy initiatives and legislative amendments made in recent years have been covered which deal with current legal problems in the banking sector and their solutions. Learning Unit Learning Unit 1. Introductory One Net contact 1.1 Banking system in Nepal: origin and evolution hours 8 hours. 1.2 Kinds of banks and their functions 1.3 Bank and Financial Institutions Act and banking regulations 1.4 NRB Act 2002 and Nepal Rastra Bank as the principal regulator in the banking sector Learning Unit 2. Relationship between banker and customer Two 2.1 Definition of banker and customer, general relationship, special relationship, Net contact hours banker’s duty of secrecy, banker’s duty to honour cheques, banker’s lien, and 6 hours. banker’s right to set off 2.2 Appropriation of payments 2.3 Garnishee order 2.4 Customer’s duties towards his banker 2.5 Opening of new accounts 2.6 Special types of customers - illiterate persons, lunatics, executors 2.7 Precautions required in case of administrators, clubs, societies and charitable institutions to open an account Learning Unit 3. Lending, securities and recovery by banks Three 3.1 Principles of lending Net contact hours 3.2 Position of weaker sections 10 hours. 3.3 Nature of securities and risks involved 3.4 Recovery of debts with and without intervention of courts / tribunal 3.5 Recovery of debts due to banks and financial institutions 3.6 Securitization and reconstruction of financial assets and enforcement of security interests law 3.7 Employment of funds - loans and advances - guarantees 3.8 Advances secured by collateral securities 3.9 Agency services 3.10 Financing of exports 3.11 Special banking services 3.12 Advances to priority sectors and credit guarantee schemes 3.13 Securitization Law Learning Unit 4. Banking frauds Four 4.1 Nature of banking frauds Net contact hours 4.2 Legal regime to control banking frauds 8 hours. 4.3 Recent trends in banking: automatic teller machine and internet banking, smart cards, credit cards Learning Unit 5. Law relating to negotiable instruments Five 5.1 Negotiable instruments, kinds, holder and holder in due course, parties Net contact hours 5.2 Negotiation assignment – presentment, endorsement, liability of parties 8 hours 5.3 Payment in due course, special rules of evidence, material alteration, noting and protest 5.4 Paying banker and collecting banker 5.5 Bills in sets 5.6 Penal provisions 5.7 Banker’s book - Evidence Act Learning Unit Six 6. Ancillary services and e- banking Net contact hours 5.1 Remittances - general, DD, MT, TT, traveler’s cheques, bank orders, credit 8 hours card, debit/smart cards, safe deposit vaults, gift cheques, stock invest 5.2 E-banking - definition – internet banking, mobile banking, ATM banking, computerized banking 5.3 E-banking services – retail services, wholesale services, 5.4 E-cheque, authentication 5.5 Cyber evidence - banking ombudsman? Total Contact 48 Hours ( excluding assessment, assignment and final examinations) Hours Basic Text Ross Cranston, Principles of Banking Law, Second Edition (Oxford: Oxford University Press, 2002) Bank and Financial Institutions Act, 2063 Banking Offence and Punishment Act, 2064 Nepal Rastra Bank Act 2058 Anti Money Laundering Act 2064 Nepal Rastra Bank Directives Evaluation In-semester evaluation 50 % Scheme End-semester evaluation 50 % Total 100 %