Banking System and Structure in India Evolution of Indian Banks
Banking System and Structure in India Evolution of Indian Banks
Module 1
Banking system and structure in India
Evolution of Indian Banks
• Banking in India originated in the last decades of the 18th century.
• The first bank was The General Bank of India, which started in 1786.
• Bank of Hindustan was the 2nd bank, which started in 1790; both are now defunct.
• The oldest bank in existence in India is the State Bank of India, which originated in
the Bank of Calcutta in June 1806, which almost immediately became the Bank of
Bengal.
• The period between 1906 and 1911, saw the establishment of banks inspired by
the Swadeshi movement. A number of banks established then have survived to the
present such as Bank of India, Corporation Bank, Indian Bank, Bank of Baroda, Canara
Bank and Central Bank of India.
• During the First World War (1914–1918) through the end of the Second World
War (1939–1945), and two years thereafter until the independence of India were
challenging for Indian banking.
From Bank of Hindustan in 1770, the evolution of banking in India can be divided into three
different periods as follows:
Phase I: Early phase of primitive Indian banks to Nationalization of Banks in 1969
Phase II: From Nationalization of India banks in 1969 up to advent of liberalization and
banking
reforms in 1991
Phase III: From Indian Financial and Banking Sector Reforms 1991 onward
Post Independence
• India observed the emergence of large number of institutions for providing finance to
different sectors of the economy.
• The entry activities of private sector and foreign banks were restricted through branch
licensing and regulation norms.
• Steps taken by Indian Govt. to regulate banking are:
Reserve bank of India was nationalized on January 1, 1949 under the terms of Reserve bank
of India.
• In 1949, the Banking Regulation Act was in acted.
• The Banking Regulation Act also provided that no new bank or branch of an existing
bank could be opened without a license from the RBI.
• No two banks could have common directors.
Nationalization
• The nationalization of banks in India took place in 1969 by Mrs. Indira Gandhi. It
nationalized 14 banks. Before the steps of nationalization of Indian banks, only State
Bank of India (SBI) was nationalized.
• Nationalization of Seven State Banks of India (formed subsidiary) took place on 19th
July, 1960.
• The second phase of nationalization of Indian banks took place in the year 1980. Seven
more banks were nationalized with deposits over 200 crores.
• The stated reason for the nationalization was to give the government more control of
credit delivery.
Types of Banks
1. The public sector banks are owned and operated by the government, who has a
major share in them. The major focus of these banks is to serve the people rather
earn profits. Some examples of these banks include State Bank of India, Punjab
National Bank, Bank of Maharashtra, etc.
2. The regional rural banks were brought into operation with the objective of
providing credit to the rural and agricultural regions and were brought into effect
in 1975 by RRB Act. These banks are restricted to operate only in the areas
specified by government of India. These banks are owned by State Government
and a sponsor bank. This sponsorship was to be done by a nationalized bank and
a State Cooperative bank. Prathama Bank is one such example, which is located
in Moradabad in U.P.
3. The private sector banks are owned and operated by private institutes. They are
free to operate and are controlled by market forces. A greater share is held by private players
and not the government. For example, Axis Bank, Kotak
Mahindra Bank etc.
nationalization banking policy was the negligence of agriculture sector to the bank's
credit. This share hovered around 2% of the total commercial bank credit. The privately
owned commercial banks were neither interested nor geared up to meet the risky and
small credit requirements of the farmers. Similarly, the share of other non-industrial
sectors was also very low. Since the commercial banks were under the control of big
industrialists, the loanable funds of the banks were sometimes used to finance socially
undesirable activities like hoarding of essential commodities.
The post-nationalization period witnessed certain drastic changes in the economy. All
the leading commercial banks of the country were nationalized in the year 1969 with
some objectives in mind. The objectives of nationalization were as follows:
To break the ownership and control of banks by a few business families.
To prevent concentration of wealth and economic power.
To mobilize savings of the masses from every nook and corner of the country.
To pay more attention to the priority sectors of the economy like agriculture and small
scale industries, the post-nationalization period saw a remarkable expansion in the
banking and financial system. The biggest achievement of nationalization was the
reallocation of sectoral credit in favor of agriculture, small scale industries and exports.
Within agriculture, credit for the procurement of food grains, i.e., food credit was a
major thing. Other agriculture activities included poultry farming, dairy and piggery.
Certain other sectors of the economy which also received attention for credit allocation were
professionals, self-employed individuals, artisans and other weaker sections of the
society. Conversely, there was a sharp fall in bank credit to large scale industries.
However, the share of small-scale industry registered an upward trend. Nationalization of
commercial banks had many pros and cons for the economy. The government paid
more attention to agriculture than industry. The country witnessed increasing numbers
of bank branches in the rural areas. Branch expansion program resulted in mobilization
of savings from all parts of the country.
Commercial Banking
A commercial bank is a type of bank that provides services such as accepting deposits,
making
business loans, and offering basic investment products.
Structure of commercial bank
The commercial banks can be broadly classified under two heads
1. Scheduled Banks:
Scheduled Banks refer to those banks which have been included in the Second Schedule of
Reserve Bank of India Act, 1934.
In India, scheduled commercial banks are of three types:
(i) Public Sector Banks:
These banks are owned and controlled by the government. The main objective of these banks
is
to provide service to the society, not to make profits. State Bank of India, Bank of India,
Punjab
National Bank, Canada Bank and Corporation Bank are some examples of public sector
banks.
Public sector banks are of two types:
(a) SBI and its subsidiaries;
(b) Other nationalized banks.
(ii) Private Sector Banks:
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These banks are owned and controlled by private businessmen. Their main objective is to
earn
profits. ICICI Bank, HDFC Bank, IDBI Bank is some examples of private sector banks.
(iii) Foreign Banks:
These banks are owned and controlled by foreign promoters. Their number has grown rapidly
since 1991, when the process of economic liberalization had started in India. Bank of
America,
American Express Bank, Standard Chartered Bank are examples of foreign banks.
2. Non-Scheduled Banks:
Non-Scheduled banks refer to those banks which are not included in the Second Schedule of
Reserve Bank of India Act, 1934.
exact amount overdrawn by the customer. It is granted against the security of the
borrower. It is advantageous to the borrower because interest is charged only on the
amount actually overdrawn by him.
c) Cash credit
A cash credit is a financial accommodation under which an advance is granted on
a separate account called cash credit account upto a specified limit. Interest is charged
on the amount made use of by the borrower. It is granted against the security of goods
or personal security of one or more persons other than the borrower. Traders prefer
cash credit to direct loans as they need not pay interest on the entire amount.
d) Discounting of bills
Discounting of bills is a financial arrangement under which a customer holding a
bill of exchange can get a loan equivalent to the value of the bill, less discount. The
discount represents interest on the money lent for the unexpired period of the bill. On
maturity, the banker collects the proceeds of the bill from its acceptor.
Investment of funds on securities
Investment of funds in securities is one of the important functions of commercial banks;
they invest a considerable amount of their funds in Government and industrial securities.
2. Secondary or subsidiary Functions
The secondary or subsidiary functions of a bank can be divided into two classes, viz
a) Agency service
Agency services are those services which are rendered by the bank as an agent of
their customer. They are:
Collection of cheques, drafts, etc. on behalf of the customer.
Payment of bills of exchange, life insurance premium etc., on behalf of the
customer.
Purchase and sale of securities on behalf of the customer.
Arranging for transfer of money from one place to another on behalf of the
customer.
Arranging for transfer of money from one place to another on behalf of the
customer.
Acting as a trustee, executors, administrators and attorney.
Acting as correspondents of other banks and financial institutions.
Banks also issue credit cards to their customers.
b) General utility services
These are the services rendered not only to the customers but also to the general public as
well.
Accepting valuables and securities for safe custody
Providing foreign exchange to the importers and exporters.
Issuing of travelers cheques, circular notes, etc
Underwriting shares, debentures and Govt securities.
Acting as referees and providing information relating to the credit worthiness
of their customer.
Collection of information useful to the customers or to the general public and
their publication
Banker may institute scholarship endowment establish book banks for the
benefit of the students, arrange exhibitions and undertake any such other
activities beneficial to the community in general.
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exchange from holder in discount after making some marginal deduction in the form of
commission. The banks pay the deducted value to the holders when traders discount it into
bank.
4. Cheque Payment
Banks provide cheque pads to the account holders. Account holders can draw cheque upon
bank
to pay money. Banks pay for cheques of customers after formal verification
and official procedures. .
5. Remittance
Remittance is a system, through which cash fund is transferred from one place to another.
Banks
provide the facilities of remittance to the customers and earn some service charge.
6. Collection and Payment Of Credit Instruments
In modern business, different types of credit instruments such as bill of exchange, promissory
notes, cheques etc. are used. Banks deal with such instruments. Modern banks collect and pay
different types of credit instruments as the representative of the customers.
7. Foreign Currency Exchange
Banks deal with foreign currencies. As the requirement of customers, banks exchange foreign
currencies with local currencies, which is essential to settle down the dues in the international
trade.
8. Consultancy
Modern commercial banks are large organizations. They can expand their function to
consultancy business. In this function, banks hire financial, legal and market experts, who
provide advices to customers in regarding investment, industry, trade, income, tax etc.
9. Bank Guarantee
Customers are provided the facility of bank guarantee by modern commercial banks. When
customers have to deposit certain fund in governmental offices or courts for specific purpose,
bank can present itself as the guarantee for the customer, instead of depositing fund by
customers.
represent the four local Boards with the headquarters at Mumbai, Kolkata, Chennai and New
Delhi. Local Boards consists of five members each central Govt appointed for a team of four
years to represent territorial and economic interests and the interests of co-operative and
indigenous banks.
The Reserve Bank of India Act 1934 was commenced on April1, 1935. The Act, 1934 (II
of 1934) provides the statutory basis of the functioning of the bank.
The bank was constituted for the need of following:
To regulate the issue of banknotes.
To maintain reserves with a view to securing monetary stability
To operate the credit and currency system of the country to its advantage.
Banks are required to be issued with a bank license by the regulator in order to carry on
business as a bank, and the regulator supervises licensed banks for compliance with the
requirements and responds to breaches of the requirements through obtaining
undertakings, giving directions, imposing penalties or revoking the bank's license.
• Market discipline
The regulator requires banks to publicly disclose financial and other information, and
depositors and other creditors are able to use this information to assess the level of risk
and to make investment decisions. As a result of this, the bank is subject to market
discipline and the regulator can also use market pricing information as an indicator of the
bank's financial health.
Module-2
Banker and customer
Types of relationship between banker and customer
1. General feature of the relation
Commencement of primary general relationship
The primary general relationship between a banker and a customer starts from the time
the customer opens a bank account by depositing money.
Contractual primary general relationship
The primary general relationship between a banker and a customer arises from a contract
between the two. So, it is a contractual relationship. As it is a contractual relationship, it
is governed by the various terms of agreement between the two parties.
Nature of primary general relationship
When a banker receives deposits of money from a customer, he is neither a bailee nor a
trustee nor an agent, but only a debtor of the customer. This view has been endorsed by
several authorities on banking law and also confirmed by many court decisions.
Not a bailee or depositors of customer’s money
A banker is not a bailee or depositary of customer’s money. This is because a bailee
accepts the bailment of certain things on the condition that the things bailed will not be
utilized by him and the identical things will be returned. But a banker doesn’t accept the
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money from the customer on the condition that the money deposited with him will not be
utilized by him and that the identical money (i.e. the same currency notes or coins
deposited with him by the customer) will be returned.
Not a trustee of customer’s money
A banker is not a trustee of the customer’s money. This is because a trustee is required to
use the trust money in accordance with the trust deed, render an account to the
beneficiary for everything he does with the money and is bound to handover the profits
earned from the use of trust money to the beneficiary. But a banker is not bound to
employ the customer’s money in accordance with the terms of any trust deed is not
required to render an account to the customer for everything he does with the money and
is not the use of the customer’s money.
Not an agent in respect of customer’s money
When a banker accepts deposits of money from a customer, he is not an agent of the
customer. This is because an agent is bound to act according to the instructions of the
principal, while investing the principal’s money, render a detailed account for everything
he does with the principal’s money to the principal and is required to handover to the
principal the incomes he earns from the use of principal’s money.
Only a debtor in respect of customer’s money
The banker is just a debtor and the customer is a creditor when he accepts and has the
deposits of the customer. Of course, in case the customer’s account is overdrawn or the
customer has taken loan or any other form of financial accommodation from the banker,
the customer becomes the debtor and the banker becomes the creditor. So, one can
conclude that the primary relationship between a banker and a customer is that of a
debtor and a creditor and their respective positions are determined by the existing state of
the bank account.
Right of lien
The legal right of a creditor to sell the collateral property of a debtor who fails to meet the
obligations of a loan contract. A lien exists, for example, when an individual takes out an
automobile loan.
The condition of the right are:
1. The agent should be lawfully entitled to receive from the principal a sum of money by way
of commission earned or disbursements made or services rendered in the proper execution of
the business of agency.
2. The property over which the lien to be exercised should belong to the principal and it
should have been received by the agent. The property is considered to be sufficient in the
possession of the agent where he has been dealing with it. Thus where an auctioneer was
engaged to sell
furniture at the owner’s house, he was held to be sufficiently in possession to exercise lien for
his commission. The property held by an agent for a special purpose implicitly excludes the
right. Similarly, where possession is obtained without the principal’s authority or by fraud or
misrepresentation, there is no lien, briefly, the agent’s possession must be lawful.
3. The agent has only a particular lien. A particular lien attached only to that specific-matter
in respect of which the charges are due. No other property can be retained.
Right of Setoff
• Set-off means- that the bank can adjust the credit balance in a customer's account against
a debit balance in another account maintained by the same customer.
• In an ongoing, situation, the right of set-off can be exercised by a banker- by serving a
reasonable notice on the customer.
• The right of set-off can be exercised by the banker only when the relationship between
the customer and the banker is that of- Debtor and Creditor.
• The banker can exercised the right of set-off only in respect of- debts due and
determined.
• The following condition are required to be fulfilled before a banker can exercise the right
of set-off- (a)The debt must be a sum certain and due immediately, (b) The debt must
be due by and to the same parties and the in the same right, (c) There should be
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Right of appropriation
1. The act of setting aside money for a specific purpose. A company or a government
appropriates funds in order to delegate cash for the necessities of its business operations. This
may occur for any of the functions of a business, including setting aside funds for employee
salaries, research and development, dividends and all other uses of cash. Federal funds must
be
appropriated each year for government programs.
In business use, may also be known as "capital allocation."
2. The claiming of land or intellectual property by a company or organization, or otherwise
marking ownership of previously unclaimed or contested property..
Banker’s legal duty of disclosure and related matters
The banker's duty of confidentiality to the customer
It is an implied term of the contract between customers and their banks and building societies
that these firms will keep their customers’ information confidential. This confidentiality is
not just confined to account transactions – it extends to all the information that the bank has
about the customer. But from time to time, mistakes happen and – for whatever reason –
banks end up releasing information that they should have kept secret. Sometimes, the
resulting breach of confidentiality is little more than technical (in other words, nothing really
flows from it), but occasionally it can have major consequences.
Liability
If a bank discloses information about a customer in any circumstances other than those
described above, then it has acted wrongly and should, as a general rule, be held liable for the
reasonably foreseeable consequences of its action. Some banks seem to think it should make
a difference if they disclosed the information by accident – but it does not. If a bank’s
carelessness leads to abreach of confidentiality that does not diminish the fact that the bank
acted in breach of a fundamental duty it owed to its customer.
It is relatively rare for us to come across a case where information was disclosed deliberately.
Mostly, it happens by accident.
Loss
Both banks and customers need to take a realistic look at any real losses resulting from the
bank’s breach of confidentiality. The bank should generally be liable for losses that it could
reasonably have foreseen when it disclosed the information.
In our experience, banks regularly fail to pay proper attention to the true costs that customers
can incur as a direct result of the breach of confidentiality. The key, therefore, is for both
parties to analyse and understand the true effects of the bank’s actions.
cash.
Time deposits - Product variations
To suit the needs of the customers banks have introduced innovative variations in the basic
timedeposit format. Flexible deposit is one such innovation. In this case a given deposit is
split into units of smaller amounts for accounting purposes. This enables the customer to
encash any number of units prematurely at any time during the currency of the deposit and
earn the contracted rate of interest on the balance amount.
Current Account
Current accounts are cheque operated accounts maintained for mainly business purposes.
Unlike savings bank account no limits are fixed by banks on the number of transactions
permitted in the Account. Banks generally insist on a higher minimum balance to be
maintained in current account. Considering the large number of transactions in the account
and volatile nature ofbalances maintained overnight banks generally levy certain service
charges for operating a Current account.
In terms of RBI directive banks are not allowed to pay any interest on the balances
maintained in Current accounts. However, legal heirs of a deceased person are paid interest at
the rates applicable to Savings bank deposit from the date of death of the account holder till
the date of settlement.
Advantages of KYC
• Sound KYC procedures have particular relevance to the safety and soundness of
banks, in that:
1. They help to protect banks’ reputation and the integrity of banking systems by reducing
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the likelihood of banks becoming a vehicle for or a victim of financial crime and
suffering consequential reputational damage;
2. They provide an essential part of sound risk management system (basis for identifying,
limiting and controlling risk exposures in assets & liabilities
Types of Account
One of the main functions of a commercial bank is to accept deposits of money from the
public. The deposit accepted by a bank may be classifies into two broad categories
Time Deposits Demand Deposits
1. Fixed Deposits 1. Savings Deposits
2. Recurring Deposits 2. Current Deposits
Time Deposits
The time deposits are repayable after expiry of a fixed specified period time while demand
deposits are repayable on demand.
i) Fixed deposits
Fixed deposits are those deposits, which are repayable after the expiry of a fixed
specified period of time. They are also called time deposits. The time or period of
deposit may vary from fifteen days to several years. This period decided by the
depositor according to his convenience. The rate of interest is usually higher than
other types of deposits. The rate of interest on fixed deposit depends on period of
deposit; the longer the period of deposit, the higher will be the rate of interest. The
RBI decides the interest rate. On the deposit being made, the banker issues a ‘deposit
receipts’
ii) Recurring deposit
Recurring deposits are variants of fixed deposits. Recurring deposits are also
repayable only after the expiry of a fixed specified period of time but the amount is
deposited in monthly installments. These deposits are meant for people having regular
monthly income. The duration of recurring deposits varies from six months to several
years. Generally the rate of interest on these deposits is higher.
Demand Deposits
i) Savings Deposits
Savings bank accounts are introduced by banks to mobilize small savings and
inculcate the habit of savings in the people. These deposits are repayable on demand,
but bank places certain restrictions on the number of withdrawals. These deposits can
be opened with very small amount. The prescribed minimum balance is different in
different banks. Interests is paid on monthly minimum balances and credited to the
respective accounts half yearly according to the rates prescribed by the RBI from time
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to time.
ii) Current Accounts or Current Deposits
Current accounts are those deposits, which are repayable on demand. There are no
restrictions on the number of withdrawals. The bank don’t pay interest on current
account or deposits, instead they change incidental charge on customers having
current account. This type of deposit is suitable for businessmen who want to make
payments by means of cheques.
Types of customers
Lunatics
A lunatic is person of unsound mind (irresponsible person). The position of lunatics
under Indian law, Under Indian contract Act, a contract with or by a lunatic are void. The
reason being the lunatic being of unsound mind is not competent to comprehend a contract.
If the banker without knowing that the person is lunatic opens an account and enters into
a contract acting in good faith is protected. But when once he gets a notice of lunacy of a
person, he should not entertain any contract either existing or new.
Drunkards
Under section 12 of Indian contract Act 1872, a sane man who is delirious from favor or
who is drunk that he can’t under the contract, or form rational judgment can’t enter into
contract while delirium or drunkenness lasts. When a customer who is drunk presents a
cheque across a counter the payment must be witnessed.
Minors
Under section 3 of the Indian majority act, 1875, a minor is a person who has not
completed the age of 18 years. In case a guardian to the person or property of minor is
appointed by the court, or the property of the minor is placed under the charge of court wards
before he completes the age of 18 years, he continues to be a minor until he completes the
age of 21 years.
Married women
The law that exists today in India doesn’t make any distinction between the contractual
capacity of a man or an unmarried lady and a married woman. So, a married woman enjoys
the same contractual capacity as a man or an unmarried lady. She can acquire and sell
property, lend or borrow and enter into contracts and bind her personal or separate property
called “Stridhan”.
Partnership firm
Section 4 of partnership act 1932, defines partnership as “the relation between persons
who have agreed to share the profits of a business carried on by all or any of them acting for
all”.So, a partnership is an association of two or more persons who agree to carry on a
business jointly and share the profits of that business. The person who form the partnership
are called “partners” individually and a “firm” collectively. The name under which they carry
on the business is called “firm name”. They can open the account in their firm’s name.
Joint stock companies (Public Limited Companies)
A joint stock company is an association of persons under the companies act. It is an
artificial person created by law with perpetual succession and common seal. A joint stock
company is a separate legal entity. So, a bank account can be opened in its name.
However, while opening and maintaining an account in the name of public limited company,
a banker has to be very careful. He is required to take the following precautions in dealing
with a public limited company:
1. He should call for and examine the original certificate of incorporation to ascertain
whether the company is legally incorporated or not. The certificate of incorporation is the
conclusive proof of the incorporation of the company.
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It is also advisable for the banker to obtain and retain under his custody a certified copy
of the incorporation certificate for his future reference.
2. He should obtain a certified copy of the memorandum of association of the company as
amended up to date and ascertain the objects for which the company is formed, the
authorized capital of the company and the liability of the members of the company. A
knowledge of the objects of the company as specified in the Memorandum of association
is absolutely necessary for the banker, because any act done, or contract entered by the
company, which is outside the scope of the objects, is ultra-virus, (i.e. beyond the powers
of company) and is, therefore not binding on the company.
Trustee
Section 3 of Indian Trust contact Act, 1882 defines a trust as an obligation annexed to the
ownership of property and arising out of a confidence reposed in and accepted by the owner
or
declared and accepted by him for the benefit of another or of another and the owner” so, a
trustee
is person to whom the management of a property is entrusted by one in trust, i.e. out of
confidence reposed in him, for the benefit of another. In short, a trustee is one who manages a
trust.
Nomination
Nomination is a facility that enables a deposit account holder(s) (individual or sole
proprietor) or safe deposit locker holder(s) to nominate an individual, who can claim the
proceeds of thedeposit account(s) or contents of the safe deposit locker(s), post the demise of
the original depositor(s) or locker holder(s).
Benefit of nomination
The benefit of nomination is that in the event of death of an account holder(s) or locker
holder(s), the Bank can release the account proceeds or contents of the locker to the
nominee(s) without insisting upon a Succession Certificate, Letter of Administration or Court
Order. The nominee holds the monies in the capacity of a Trustee on behalf of the legal heirs
of the deceased account holder(s) or locker holder(s) and the Bank's liability is duly
discharged on payment to the Nominee.
securely either with the deposit account holder or with the nominee, if the account holder so
wishes
deceased executor or administrator and presented after notice of his death should not be paid
in the a/c. In case of death of a sole Executor or Administrator, it will be necessary to obtain
fresh order of the court appointing a new Administrator.
h) Limited Company’s A/Cs:
Where notice of death is received in respect of a person who is authorized to operate an A/C
of a Limited Co., outstanding cheques drawn by such person of the Company can still be
paid. The Board resolution submitted by the Company regarding the operation of its A/C
should be
examined by the branch to see whether any amendment or new resolution is necessary.
i) Association, Society, club A/c.:
The instructions given in respect of Limited Company‘s A/Cs shall also apply to A/Cs of
Association, Society, Club etc.
j) Accounts operated by a holder of Power of Attorney or Letter of Mandate:
Upon the death of the principal, the authority of Attorney or Mandate holder stands cancelled.
The operation on the a/c should be immediately stopped and no cheques signed by
Attorney/Mandate holder should be paid after receipt of notice of death of the Principal.
Module 3
The Negotiable Instruments Act 1881
Meaning
The payee must be a certain person- It means that the person in whose favor the
instrument is made must be named or described with reasonable certainty. The term ‘person’
includes individual, body corporate, trade unions, even secretary, director or chairman of an
institution. The payee can also be more than one person.
Signature- A negotiable instrument must bear the signature of its maker. Without the
signature of the drawer or the maker, the instrument shall not be a valid one.
Delivery- Delivery of the instrument is essential. Any negotiable instrument like a cheque
or a promissory note is not complete till it is delivered to its payee. For example, you may
issue a cheque in your brother’s name but it is not a negotiable instrument till it is given to
your brother.
Stamping- Stamping of Bills of Exchange and Promissory Notes is mandatory. This is
required as per the Indian Stamp Act, 1899. The value of stamp depends upon the value of
the pronote or bill and the time of their payment.
Right ot file suit- The transferee of a negotiable instrument is entitled to file a suit in his
own name for enforcing any right or claim on the basis of the instrument.
Notice of transfer- It is not necessary to give notice of transfer of a negotiable
instrument to the party liable to pay.
Presumptions- Certain presumptions apply to all negotiable instruments, for example
consideration is presumed to have passed between the transferor and the transferee.
Procedure for suits- In India a special procedure is provided for suits on promissory
notes and bills of exchange.
Number of transfer- These instruments can be transferred indefinitely till they are at
maturity.
Rule of evidence- These instruments are in writing and signed by the parties, they are
used as evidence of the fact of indebtness because they have special rules of evidence.
Exchange- These instruments relate to payment of certain money in legal tender, they are
considered as substitutes for money and are accepted in exchange off goods because cash can
be obtained at any moment by paying a small commission.
Cheque
A cheque is a bill of exchange drawn on a specified banker and not expressed to be
payable otherwise than on demand. That is the drawer directs the bank to pay a certain
sum to payee on his demand.
Rules
1. All Cheques are bill of exchange but all bill of exchanges are not Cheques.
2. Usually banks provide their customers with printed cheque forms which are filled up and
signed by the drawer.
3. The signatures must tally with specimen signature of the drawer kept in the bank.
4. A cheque must be dated.
5. A cheque becomes due for payment on the date specified in it.
6. A cheque drawn on a future date is valid but it is payable on and after the date specified.
Such Cheques are called postdated Cheques.
Essentials of a Cheque
1. It must be unconditional order
2. It must be in writing
3. It must be drawn on a specified banker
4. it must be signed by the drawer
5. The order must be for the payment of a certain sum of money only
6. Drawer, drawee and payee must be certain
7. The payee must be certain
8. The amount must be payable on demand
Dishonor of Cheques
Dishonour of cheque is a condition in which bank refuses to pay the amount of cheque to the
payee. Whenever the cheque is dishonoured, the drawee bank instantly issues a
'Cheque Return Memo' to the payee banker specifying the reasons for dishonor
Notice of dishonour
When a negotiable instrument is dishonoured the holder must give notice of dishonour to
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Form of Notice
1. It may be oral or written
2. Clearly indicate the reason for dishonour
3. It must be given within in a reasonable time
Circumstances when a banker is bound to dishonour of a cheque
1. When customer countermands payments
2.Garnishee order (issued by high court)
3. Death, Insolvency or insanity of the customer
4. Notice of assignment (letter to transfer)
5. Defective title of the party
6. Loss of cheque
7. Postdated or stale cheque
8. When the cheque is irregular (may change cheque book, any information missing)
9. Closing of account
10. On transfer of accounts 10. On transfer of accounts
11. When a cheque is Mutilated (Torn)
12. When there is material alteration
13. When the amount in words and figures differs
14. If the cheque is undated
15. The cheque is not presented in banking hours
Negotiation
It is the transfer of an instrument from one person to another in such a manner so as to
convey
the title and constitute the transferee the holder thereof. It may be;
a. Negotiable by mere delivery
Payable even to agent to keep it for payee
b. Negotiable by endorsement and delivery
Unless the holder signs his endorsement on the instrument, the transferee does not become a
holder.
Endorsement
The literal meaning of the word endorsement is writing on the back of an instrument. Under
the
NI Act, it means, writing of the name of the endorsee on the back of the instrument by the
endorser under his signature with the object of transferring the rights therein. If an instrument
is fully covered with endorsements and no space is left, further endorsement can be made on
a slip of paper (called alonge) annexed thereto
Kind of Endorsement
1. Blank or general endorsement
Just put the signature of endorser without mention the name of endorsee
Eg: sd/-
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D.Mohan
2. Special or full endorsement
Including the name of endorsee
Eg: Pay to Ghosh or order sd/-
D.Mohan
3. Restrictive endorsement
An endorsement, when it prohibits or restricts the further negotiation of the
instrument.
Eg: pay to Ghosh only sd/-
D.Mohan
4. Conditional or Qualified
An endorsement is conditional or qualified if it limits or negates the liability of the endorser
Eg: pay to ghosh on Signing a receipt Sd/-
D.mohan
5. Partial endorsement
When an endorser endorses only a part of the amount mentioned in the instrument. it is
irregular
cheque or draft was one crossed generally or specially to himself and collected for a customer
is
good faith and without negligence.
The above statutory protection is available to the collecting banker only if he fulfills the
following conditions:
• The cheque he collected is a crossed cheque.
• He collected such crossed cheque only for his customer as an agent & not as a holder for
value.
• He collected such crossed cheque in good faith and without negligence
Negligence
There are a variety of ways in which a bank can be considered to be negligent in undertaking
its
duties towards its customers, many of which are noted in the discussion above by implication.
In
broad terms, for the customer to raise the issue, it will be necessary to challenge the
efficiency of the security mechanisms put in place by the bank or offer a credible alternative
explanation for what happened.
Bill of exchange
A bill of exchange is an instrument in writing containing the unconditional order, signed by
the maker, directing a certain person to pay a certain sum of money only to or to the order of
a certain person or to the bearer of the instrument”.
Three parties:
• The maker of bill of exchange is called the drawer.
• The person who is directed to pay is called the drawee.
• The person who will receive the money is called the payee
Promissory note
“A promissory note is an instrument in writing containing an unconditional undertaking
signed
by the maker, to pay a certain sum of money only to or to the order of a certain person or to
the
bearer of the instrument”.
Two parties:
The person who makes the promissory note and promises to pay is called the maker.
The person to whom the payment is to be made is called the payee.
Hundis
A hundi is a financial instrument that developed in Medieval India for use in trade and credit
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transactions. Hundis are used as a form of remittance instrument to transfer money from
place to
place, as a form of credit instrument or IOU to borrow money and as a bill of exchange in
trade
transactions.
Types of Hundis
a.Sahyog Hundi: This is drawn by one merchant on another, asking the latter to pay the
amount to a third merchant. In this case the merchant on whom the hundi is drawn is of some
'credit worthiness' in the market and is known in the bazaar. A sahyog hundi passes from one
hand to another till it reaches the final recipient, who, after reasonable enquiries, presents it
to the drawee for acceptance of the payment. Sahyog means co-operation in Hindi and
Gujrati, the predominant languages of traders. The hundi is so named because it required the
co-operation of multiple parties to ensure that the hundi has an acceptable risk and fairly
good likelihood of being paid, in the absence of a formalized credit monitoring and reporting
framework.
b.Darshani Hundi: This is a hundi payable on sight. It must be presented for payment
within a reasonable time after its receipt by the holder. Thus, it is similar to a demand bill.
c.Muddati Hundi: A muddati or miadi hundi is payable after a specified period of time.
This is similar to a time bill.
Module 4
Banking Technology
A. Concept of universal banking
Universal banking is a combination of Commercial banking, Investment banking,
Development
banking, Insurance and many other financial activities. It is a place where all financial
products
are available under one roof. So, a universal bank is a bank which offers commercial bank
functions plus other functions such as Merchant Banking, Mutual Funds, Factoring, Credit
cards,
Housing Finance, Auto loans, Retail loans, Insurance, etc.
Advantages of Universal Banking
Investors' Trust: Universal banks hold stakes (equity shares) of many companies. These
companies can easily get other investors to invest in their business. This is because other
investors have full confidence and faith in the Universal banks. They know that the
Universal banks will closely watch all the activities of the companies in which they hold a
stake.
Economics of Scale: Universal banking results in economic efficiency. That is, it results
in lower costs, higher output and better products and services. In India, RBI is in favour
of universal banking because it results in economies of scale.
Resource Utilization: Universal banks use their client's resources as per the client's
ability to take a risk. If the client has a high risk taking capacity then the universal bank
will advise him to make risky investments and not safe investments. Similarly, clients
with a low risk taking capacity are advised to make safe investments. Today, universal
banks invest their client's money in different types of Mutual funds and also directly into
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the share market. They also do equity research. So, they can also manage their client's
portfolios (different investments) profitably.
Profitable Diversification: Universal banks diversify their activities. So, they can use the
same financial experts to provide different financial services. This saves cost for the
universal bank. Even the day-to-day expenses will be saved because all financial services
are provided under one roof, i.e. in the same office.
Easy Marketing: The universal banks can easily market (sell) all their financial products
and services through their many branches. They can ask their existing clients to buy their
other products and services. This requires less marketing efforts because of their well-
established brand name. For e.g. ICICI may ask their existing bank account holders in all
their branches, to take house loans, insurance, to buy their Mutual funds, etc. This is done
very easily because they use one brand name (ICICI) for all their financial products and
services.
One-stop Shopping: Universal banking offers all financial products and services under
one roof.One-stop shopping saves a lot of time and transaction costs. It also increases the
speed or flow of work. So, one-stop shopping gives benefits to both banks and their
clients.
B. Home banking
The practice of conducting banking transactions from home rather than at branch locations.
Home banking generally refers to either banking over the telephone or on the internet. The
first
experiments with internet banking started in the early 1980s, but it did not become popular
until
the mid-1990s when home internet access was widespread. Today, a variety of internet banks
exist which maintain few, if any, physical branches.
ATMs are primarily used for performing some of the banking functions such as the
withdrawal
of cash or the deposit of cash/cheque, etc., by using an ATM card.
Convenience of ATMs
To the customer
• 24/7 access availability
• Less time for transactions (less queue)
• Privacy in transactions
• Any branch/anywhere banking enabled
• Acceptability of card across multiple bank ATMs, even foreign tourists can access
Master/visa ATMs
• Other services enabled in ATMs in addition to cash dispending includes clearing cheques
deposits balance enquiry, cheque book requisition, details of recent transactions.
D. Internet Banking
A system allowing individuals to perform banking activities at home, via the internet.
The automated delivery of new and traditional banking products and services directly
to
customers through electronic, interactive communication channels.
Some online banks are traditional banks which also offer online banking, while others
are
online only and have no physical presence.
Advantages
Cost less
Transaction speed
Efficiency
Speed banking
Vast coverage
Security
Learning difficulties
Lack of skilled personnel
Technical breakdowns
Long start up time
inexpensive
Security risks
Increasing number of fraudulent websites
Fake emails purporting to be sent from banks
Use of Trojan horse programs to capture user ids and password
E. Mobile Banking
Use mobile device to connect to a financial institution to view account balances and
transactions,
transfer funds between accounts, pay bills, receive account alerts, deposit checks, etc.
Mobile Payment
Use mobile device for purchase or other payment-related transaction at point of sale
(proximity) or via internet (remote)
May be conducted via SMS, MMS, mobile Internet, downloadable application,
contactless or barcode technology
Process and settle over traditional banking networks (credit, debit, ACH), mobile carrier
or other third party network
24/7/365 Model
Application Areas
Balance of payments and withdrawal are done.
Mobile banking
Internet banking
ATM’s
Recording of transactions
Passbook maintenance
Interest calculations on loans and deposits
Customer records
Need Of Core banking solution
To meet the intense competition and changing market dynamics in an over banked
environment.
To meet the regulations and compliance requirements (example in order to meet the
Basel II norms banks must enhance their IT infrastructure).
To meet the demands of customers who are better informed, more demanding and less
loyal than ever.
To enhance efficiency and effectiveness.
Increasing customer satisfaction and convenience
Freeing up time for branch staff to focus on sales and marketing
Simplifying process for employeesEnhancing bank’s competitiveness in the market
Improved process efficiency Shrinking margins.
Benefits to Banks
Replace old technology seamlessly with a state-of-the-art n-tier application.
Replace multiple disparate and older generation systems with a single integrated
multiproduct
processing application across various countries.
Streamline operations by integrating the enterprise, to existing in house applications and
to offer a single customer view.
Create a virtual banking operation from ground-up and offer a host of banking products.
Enable multiple new delivery channels (Internet Banking, 7 X 24 ATM, Mobile
Banking,
Tele-banking and Point of Sale Terminals) allowing the bank to reach out to new
customers and segments.
Move to centralized processing and handle much higher volumes without a
proportionate
increase in resources or infrastructure costs.
Use business intelligence tools to analyze customer needs and create new products and
offerings.
Build and retain customer relationships based on the strength of customer service
capability.
Enable and modify product offerings quickly and efficiently based on customer’s market
needs.
Reduce costs, improve bottom-line and stakeholder rewards.
Quick and easy introduction of new products and services
Benefits to Customer
Customer can enjoy the Online and real time banking facilities through ATMs
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G. Debit card
A bank-issued card that allows its user to access their funds for the purpose of paying for
merchandise. A debit card acts like a credit card, the difference being that funds are
immediately
taken from the cardholders accounts.
H. Credit card
Pre-approved credit which can be used for the purchase of items now and payment of them
later.
I. Smart card
The smart card looks exactly like any other plastic card or an ATM card with an integrated
circuit (IC Chip) installed. The IC chip contains memory, may contain a processor, and
communicates with the external world through contacts on the surface of the card. The size,
position and utility of the contacts are specified by an international standard, so that cards can
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Types of EPS
1. E-cash: A system that allows a person to pay for goods or services by transmitting a
number from one computer to another. Like the serial numbers on real currency notes,
the E-cash numbers are unique. This is issued by a bank and represents a specified sum
of real money.
2. E-wallets: The E-wallet is another payment scheme that operates like a carrier of e-cash
and other information. The aim is to give shoppers a single, simple, and secure way of
carrying currency electronically. Trust is the basis of the e-wallet as a form of electronic
payment.
3. smart cards
4. credit cards
K. Cheque truncation
Movement of the physical instrument is curtailed
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Image of the payment instrument is captured along with MICR data simultaneously
Clearing Process completed based on Electronic data and image of the Cheques
Point of Truncation
• Originating Branch
• ATM / Customer Location
• An identified Branch for a Cluster of Branches
• Service Bureau
• Service Branch of Originating Bank
For bulk collection of amounts towards telephone 3 / electricity / water dues, cess / tax
collections, loan installment repayments, periodic investments in mutual funds,
insurance premium etc
Parties involved in ECS payment system
• Payee- one who is going to receive
• Payer- one who is going to pay
• Payee’s bank
• Payer’s bank
• Clearing House- Facilitates the interaction between two banks
Funds transfer through NEFT requires a transferring bank and a destination bank.
Before transferring funds via NEFT you register the beneficiary, receiving funds. For
this you must possess information such as name of the recipient, recipient’s bank name, a
valid account number belonging to the recipient and his respective bank’s IFSC code.
Any sum of money can be transferred using the NEFT system with a maximum capital
of
Rs. 10, 00, 000.
Advantages of EFT
Increase efficiency and productivity.
Manage cash flow easily.
Improve safety and control.
Saves money.
Less paper works.
Eliminate the risks associated with lost, stolen, or misdirected cheques
EFT Provides our office with the capacity to,
Automate our payments.
Electronically update our accounts information.
Streamline our cash flow.
Reduce administrative cost.
Eliminate overdue accounts.
Manage delayed disbursements.
Get set up and add customers
UPI
Unified Payments Interface (UPI) is an instant payment system developed by the
National Payments Corporation of India (NPCI), an RBI regulated entity. UPI is built over
the IMPS infrastructure and allows you to instantly transfer money between any two parties'
bank accounts.
Module 5
International Banking
NRI Accounts
Non Resident ordinary (NRO) account is just like any other bank account with the only
difference that this account is being opened for only those individuals who are leaving India
for
taking an employment or establishing a business outside India. The existing accounts for
these
Indians are also termed as Ordinary Non Resident account or an NRO Accounts. These
accounts
can also be opened through foreign remittance. Thus it’s a rupee denominated account
Benefits of FCNR
Interest is payable in the same currency of the deposit at Half yearly.
FCNR account can be opened jointly with other non-residents.
FCNR a/c can be converted or amount transferred to NRE accounts.
No income tax on interest earned.
Benefits of RFC
The account will be denominated in USD, GBP, and EURO.
The account can be held singly or jointly.
The account can be maintained in the form of Term Deposit account.
The balance in the account can be freely used for local disbursements.
Letters of Credit
A letter of credit is a document from a bank guaranteeing that a seller will receive payment
in
full as long as certain delivery conditions have been met. In the event that the buyer is unable
to
make payment on the purchase, the bank will cover the outstanding amount.
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The revocable letter of credit can be changed at any time by either the buyer or the
issuing bank with no notification to the beneficiary. The most recent version of the
UCP, UCP 600, did away with this form of letter of credit for any transaction under
their jurisdiction.
The irrevocable letter of credit only allows change or cancellation of the letter of
credit by the issuing bank after application by the buyer and approval by the
beneficiary. All letters of credit governed by the current UCP are irrevocable letters of
credit.
A confirmed letter of credit is one where a second bank agrees to pay the letter of
credit at the request of the issuing bank. While not usually required by law, an issuing
bank might be required by court order to only issue confirmed letters of credit if they
are in receivership. As you mightguess, an unconfirmed letter of credit is
guaranteed only by the issuing bank. This is the most common form with regard to
confirmation.
A letter of credit may also be a transferrable letter of credit. These are commonly
used when the beneficiary is simply an intermediary for the real supplier(s) of the
goods and services or is one of a group of suppliers. It allows the named beneficiary
to present its own documentation buttransfer all or part of the payment to the actual
supplier(s). As you might guess, an untransferrable letter of credit does not allow
transfer of payments to third parties.
A letter of credit may also be at sight, which is payable as soon as documentation has
been presented and verified, or payment may be deferred (also called a usance letter
of credit) until a certain time period has passed or the buyer has had the opportunity
to inspect or even sell the related goods.
A red clause letter of credit allows the beneficiary to receive partial payment before
shipping the products or performing the services. Originally these terms were written
in red ink, hence the name. In practical use, issuing banks will rarely offer these terms
unless the beneficiary is very creditworthy or an advising bank agrees to refund the
money if the shipment is not made.
A back to back letter of credit is used in a trade involving an intermediary, such as a
trading house. It is actually made up of two letters of credit, one issued by the buyer's
bank to the intermediary and the other issued by the intermediary's bank to the seller.
Foreign currency Loans
Foreign currency loans are all loans given or taken for which the contract currency is
different to
the local currency (balance sheet/company code currency).
Eligibility
Exporters for working capital needs
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Period
Working capital for exporter/importer- 6 months to one year.
Importers of capital goods-3 years (subject to availability of funds)
Substitution of WCDL/Cash Credit – 6 months to one year.
In case of Term Loan Conversion- 6 months to 3 years (subject to availability of funds)
Quantum/ Currency
On transaction to transaction basis within the existing credit facilities
Minimum USD 0.50 mn. (Rs. 2.00 Crores) equivalent.
Normally in US$, FC Loans can also be availed in Pound Sterling or in Euros subject to
availability of funds
Rate of Interest
Bench marked to relevant LIBOR rates
Repayment
Bullet payment (one lump sum) by:
Tendering export documents
Proceeds of export collection bills
Debit to EEFC accounts
Purchase of foreign currency from the bank at contracted/ready rate if forward booking is
waived.
Term loans for import of capital goods – repayment in stipulated installments
Conversion of rupee term loans – as per original sanction terms
Procedure
Roll-over at the sole discretion of the Bank
In case of loans on floating rate basis the rates will be reset once in every six months
Interest charged on reducing balance method.
Forward cover for appropriate maturity to be booked.
Forward cover can be waived for customers having natural hedge.
Prepayment generally not permitted
In exceptional cases prepayment permitted. However, as an exception, prepayment is
permitted in certain cases, with levy of penalty.
Bank of India will be known as ‘United Bank of India Expo Gold Card’. The salient features
of
the scheme are as under:
in the country. The vast network of branches and Correspondent Banks worldwide facilitate
prompt & efficient services to the importers. All the facilities are subject to the prevalent
rules of the Bank/ RBI guidelines.
The various facilities provided are:
Collection of import bill.
Opening of Import L/Cs (Sight/ DA)
Financing of import by way of Foreign Currency Loans
Issuing Guarantees etc. on behalf of importers.
Collection of import bills:
The import bills are collected through the 47 authorized branches at very competitive rates.
The Bank has correspondent relationship with reputed International Banks throughout the
world and can provide the services to importers who may be importing from any part of the
globe.
Letter of credit:
Bank offers L/C facility for the purchase of goods in the international market. Being a
Prime Bank of repute, the L/Cs of the United Bank of India are well accepted in the
International market.
With the Letter of Credit of United Bank of India, importers can build up better trust/
confidence in their suppliers and develop other business relationship at a much faster
pace.
The L/C facility can be granted to the importers after assessing their requirement/
credit worthiness/ financial strength and other parameters being to the satisfaction of
the Bank.
Bank guarantees:
Bank on behalf of importers/ other customers issues guarantees in favour of beneficiaries
abroad.
The guarantees can be both Performance and Financial.
Other services:
Bank Provides its customer facilities for hedging exchange risk by booking forward
contracts,
The Bank obtains credit report of the overseas seller for its customers and also undertakes
remittance connected with the import including advance remittance.
The Bank facilitates in arrangement of Buyers credit for importer customers and also
issued LOC/LOU on behalf of their customers.
RBI:
RBI has issued Authorized Dealers (AD) licenses to banks, all India financial
institutions and a few co-operative banks to undertake foreign exchange transactions
in India
It has also issued Money Changer licenses to a large number of established firms,
companies, hotels, shops, etc.
Money changers help facilitate encashment of foreign currencies of foreign tourists
Entities authorized to buy and sell foreign currency notes, coins and travelers’
Cheques are called full-fledged money changers
Those authorized only to buy are called restricted money changers
EXIM Bank
Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament “THE
EXPORT-IMPORT BANK OF INDIA ACT, 1981” for providing financial assistance to
exporters and importers, and for functioning as the principal financial institution for
coordinating
the working of institutions engaged in financing export and import of goods and
services with a view to promoting the country’s international trade and for matters connected
therewith or incidental thereto.
Exim Bank has two broad business streams: one, the traditional export finance typical of
export
credit agencies around the world and two, financing of export oriented units (export
capability
creation), which are non-traditional for export credit agencies. Since inception, Exim Bank
has
been the principal financial institution in the country for financing project exports and exports
on
deferred credit terms. As per Memorandum PEM (Memorandum of Instructions on Project
Exports and Service Exports) of Reserve Bank of India, the following constitute project
exports:
i. Supply of goods / equipment on deferred payment terms
ii. Civil construction contracts
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The covers issued by ECGC can be divided broadly into four groups:
1. Standard Policy
Shipments (Comprehensive Risks) Policy, which is commonly known as the Standard Policy,
is
the one ideally suited to cover risks in respect of goods exported on short term credit; i.e.
credit
not exceeding 180 days. The policy covers both commercial and political risks from the date
of
shipment.
2. Other Specific Policies
Specific Policies are designed to protect Indian firms against payment risks involved in a)
exports on deferred terms of payment b) services rendered to foreign parties and c)
construction
works and turnkey Projects undertaken abroad. These policies are issued separately for each
specific contract, and cover risks normally from the date of contract.
ECGC provides for an insurance cover named as Construction Works Policy to provide cover
to
an Indian contractor who executes a civil construction job abroad.
3. Financial Guarantees
Financial Guarantees are issued to banks in India to protect them from risks of loss involved
in
their extending financial support at pre-shipment and post-shipment stages. These also cover
a
host of non-fund based facilities that are extended to exporters.
Export Performance Guarantee
Export Performance Guarantee is an insurance cover for banks, which issues various kinds of
guarantees on behalf of exporters in order to facilitate export transactions
4. Special Schemes
Transfer Guarantee meant to protect banks which add confirmation to Letters of Credit
opened
by foreign banks, Insurance cover for Buyers Credit and Lines of Credit, and Exchange
Fluctuation Risk Insurance.
Module-6
Banker as lender
Types of loans
Home Loan
Home Loans are taken by people for a variety of home-related purposes such as construction
of
home, home renovation, home extension, buying of property or land, or payment of stamp
duties.
Home loans comprise an adjustable or fixed interest rate and payment terms. Some types of
home loans are mentioned below:
Home Purchase Loan
Land Purchase Loan
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Personal Loan
This type of loan is given to individuals after accessing their credentials based on their
profession or business, or any other sources of income. The loan can be utilised for any
purpose,
for example, paying debt, marriage expenses or vacation expenditure. No collateral security
is
required for this type of loan. The span of personal loan repayment varies from 12 months to
60
months depending upon the principal amount and the EMIs. The interest rate ranges from 15
percent to 28 percent varying from bank to bank. Approximately 2 percent of the total loan
amount is charged as the loan processing fee. Generally, banks rules prohibit prepayment of
loan
for the initial six months; otherwise 2 percent to 4 percent of the outstanding amount is
charged
as the prepayment fees. The EMI starts once the disbursement of loan has been made.
Business Loan
This type of loan is provided to either existing businesses or those venturing into new
business.
As banks provide loans on the basis of individual's credentials, it is bit difficult to get a loan
for
starting a business. It is very important for individuals (starting a business) to have a clear
cutbusiness plan as it is the most important requirement to convince the banks that your
business
has the capability of repayment. Banks then rely on individual's background, assets/property,
previous loan history and dedication towards work. Banks also prefer those individuals who
have
already insured the property for their business. Nowadays, banks are working on providing
more
lucrative and easy business loans options for the first time business owners.
For existing businesses, loan is provided in the following ways:
Term loans – Amount provided for a fixed tenure at the applicable interest rate: three years
for
short term loan and 10-15 years for long term loans.
Bank overdraft limits – Ability to withdraw more money than what is deposited.
Bill Discounting – Short-term borrowing used to improve a company's working capital and
cash flow position.
Letter of credit for international business – Bank guaranteeing of a buyer's payment to a
seller
in specified period.
Education Loan
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Required by and provided to students who want to pursue higher education in resident
country or
abroad. Students should have an admission offer from an institution before they apply for an
education loan. The loan takes care of the fees of the institution including examination and
library fees; travel expenses for abroad; cost of books and equipments required; any
insurance
for the student, if applicable; and any additional expenses such as tours, thesis, project work,
etc.
The terms of education loans vary from bank to bank.
The RBI has fixed certain norms on the total amount of loan that can be disbursed; however,
banks can increase or decrease the limit depending on the institution. For studying in India,
Rs.
10 lakh is the average and for studying abroad, the average is Rs. 20 lakh. For a loan amount
up
to Rs. 4 lakh, parents should be the joint borrowers and above that amount, a guarantee or
some
security in terms of tangible assets is required, depending upon the bank. Simple rate of
interest
is charged depending upon the base rate of the bank.
It is not mandatory to pay the interest during the study period; however, if paid regularly
during
the study period, some concession is also provided by a few banks. The repayment tenure
varies
between 10 years and 15 years depending upon the loan amount and repayment begins
between
six months and two years of the course completion. Early repayment has no associated
charges.
Gold Loan
Gold loan is imparted only on providing gold as security to a bank or any other lending
institution. It is considered as one of the safest methods as the loan amount is provided on the
basis of the security submitted. Amount ranging from Rs. 5k to 25 lakh can be taken as loan
against gold. Amount equivalent to 80 percent to 90 percent (varying from bank to bank) of
the
total value of the gold is given as loan to the borrower. Depending upon the bank, the tenure
of
gold loan varies from one day to two years. The extension of tenure is also allowed by few
banks. The rate of interest usually ranges from 14 percent to 24 percent, depending upon the
financial institution. The banks charge processing fees of up to 1.5 percent. There is no
prepayment fee. You can repay the gold loan any time during the tenure. EMI policy also
varies
from bank to bank; few banks prefer EMIs where interest and principal are charged monthly,
whereas few only charge the interest on a monthly basis and offer flexibility for the payment
of
the interest amount.
paperwork and around three to six working days are required to get the clearance. The
interest
rates vary from bank to bank based on their base rate. The repayment process involves
monthly
EMIs and early repayment options
Overdraft facilities
An overdraft occurs when money is withdrawn from a bank account and the available balance
goes below zero. In this situation the account is said to be "overdrawn". If there is a prior
agreement with the account provider for an overdraft, and the amount overdrawn is within the
authorized overdraft limit, then interest is normally charged at the agreed rate. If the negative
balance exceeds the agreed terms, then additional fees may be charged and higher interest
rates
may apply.
merchant.
Chargeback to merchant - A merchant account could receive a chargeback because of
making
an improper credit or debit card charge to a customer or a customer making an unauthorized
credit or debit card charge to someone else's account in order to "pay" for goods or services
from
the merchant. It is possible for the chargeback and associated fee to cause an overdraft or
leave
insufficient funds to cover a subsequent withdrawal or debit from the merchant's account that
received the chargeback.
Authorization holds - When a customer makes a purchase using their debit card without
using
their PIN, the transaction is treated as a credit transaction. The funds are placed on hold in the
customer's account reducing the customer's available balance. However the merchant doesn't
receive the funds until they process the transaction batch for the period during which the
customer's purchase was made. Banks do not hold these funds indefinitely, and so the bank
may
release the hold before the merchant collects the funds thus making these funds available
again.
If the customer spends these funds, then barring an interim deposit the account will overdraw
when the merchant collects for the original purchase.
Bank fees - The bank charges a fee unexpected to the account holder, creating a negative
balance or leaving insufficient funds for a subsequent debit from the same account.[3]
Playing the float - The account holder makes a debit while insufficient funds are present in
the
account believing they will be able to deposit sufficient funds before the debit clears. While
many cases of playing the float are done with honest intentions, the time involved in checks
clearing and the difference in the processing of debits and credits are exploited by those
committing check kiting.
Returned check deposit - The account holder deposits a check or money order and the
deposited item is returned due to non-sufficient funds, a closed account, or being discovered
to
be counterfeit, stolen, altered, or forged. As a result of the check chargeback and associated
fee,
an overdraft results or a subsequent debit which was reliant on such funds causes one. This
could
be due to a deposited item that is known to be bad, or the customer could be a victim of a bad
check or a counterfeit check scam. If the resulting overdraft is too large or cannot be covered
in a
short period of time, the bank could sue or even press criminal charges.
Intentional Fraud - An ATM deposit with misrepresented funds is made or a check or
money
order known to be bad is deposited (see above) by the account holder, and enough money is
debited before the fraud is discovered to result in an overdraft once the chargeback is made.
The
fraud could be perpetrated against one's own account, another person's account, or an account
set
up in another person's name by an identity thief.
Bank Error - A check debit may post for an improper amount due to human or computer
error,
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so an amount much larger than the maker intended may be removed from the account. Some
bank errors can work to the account holder's detriment, but others could work to their benefit.
Victimization - The account may have been a target of identity theft. This could occur as the
result of demand-draft, ATM-card, or debit-card fraud, skimming, check forgery, an "account
takeover," or phishing. The criminal act could cause an overdraft or cause a subsequent debit
tocause one. The money or checks from an ATM deposit could also have been stolen or the
envelope lost or stolen, in which case the victim is often denied a remedy.
Intraday overdraft - A debit occurs in the customer’s account resulting in an overdraft
which
is then covered by a credit that posts to the account during the same business day. Whether
this
actually results in overdraft fees depends on the deposit-account holder agreement of the
particular bank.
Discounting of bills
Bill of Exchange, is an instrument in writing which is an unconditional order to pay a certain
amount of money to a specified person.
The transaction is practically an advance against the security of the bill and the discount
represents the interest on the advance from the date of purchase of the bill until it is due for
payment. Under certain circumstances, the Bank may discount a bill of exchange instead of
negotiating them.
The seller who is the holder of a accepted B/E has two options :
1. Hold on the B/E till maturity and then take the payment from buyer.
2. Discount the B/E with discounting agency.
Discount:
Seller can take the accepted B/E to a discounting agency and obtain ready cash.
The act of giving accepted B/E for ready money is call discounting the B/E.
The difference between ready money paid and the face value of the bill is called
the discount.
Types of Bills
1. Demand Bill: This is payable immediately “at sight” or “on presentment” to the drawee.
A bill on which no time of payment or “due date” is specified is also termed as a demand
Bill.
2. Usance Bill: This is also called time bill. The term usance refers to the time period
recognized by custom or usage for payment of bills
3. Documentary Bill: These are the B/Es that are accompanied by documents that confirm
that a trade has taken place between the buyer and the seller of goods. These
documentsinclude the invoices and other documents of title such as railway receipts, lorry
receipts
and bills of lading issued by custom officials.
4. Clean Bill: These bills are not accompanied by any documents that show that a trade has
taken place between the buyer and the seller. Because of this, the interest rate charged on
such bills is higher than the rate charged on documentary bills.
Creation of a B/E
Suppose a seller sells goods or merchandise to a buyer. In most cases, the seller would like to
be
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paid immediately but the buyer would like to pay only after some time, that is, the buyer
would
wish to purchase on credit. To solve this problem, the seller draws a B/E of a given maturity
on
the buyer. The seller has now assumed the role of a creditor; and is called the drawer of the
bill.
The buyer, who is the debtor, is called the drawee. The seller then sends the bill to the buyer
who
acknowledges his responsibility for the payment of the amount on the terms mentioned on the
bill by writing his acceptance on the bill. The acceptor could be the buyer himself or any third
party willing to take on the credit risk of the buyer.
Type of Charges
Assignment – it is a mode of providing security to a banker for an advance includes
transfer of a right, property or debt.
Lien – right of the banker to retain possessions of the goods and securities owned by the
debtor until debt due is paid
Set-off – Total or partial merging of a claim of one person against another in a
counterclaim by the latter against the former.
Mortgage – Transfer of interest in immovable property to secure an advanced loan or an
existing debt or performance of an obligation.
Pledge – Bailment of goods for providing security for payment of debt or performance of
promise.
Hypothecation – Charge upon any movable property created by a borrower in favor of a
secured creditor without delivery of possession of the movable property, also called as a
mortgage of a movable property.
Pledge
Bailment of goods as security for payment of debt or performance of a promise:PLEDGE
Bailer: PAWNER
Bailee: PAWNEE
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Example:
A borrows Rs.100 from B & keeps his watch as security : pledge
Rights of Pawnee
Right of retainer{S.173}: right to retain goods until dues paid
Right of transfer for subsequent advances:{S.174}: on lending money to same debtor
without further security ;right to retain earlier goods extends
Right to extraordinary expenses {S.175}
Right to sue the pawnor or sell the goods on default.
Rights of Pawnor
Enforcement of pawnee’s duties
Defaulting pawnor’s right to redeem
Mortgage
A mortgage loan, also referred to as a mortgage, is used by purchasers of real property to
raise
capital to buy real estate; or by existing property owners to raise funds for any purpose while
putting a lien on the property being mortgaged. The loan is "secured" on the borrower's
property.
This means that a legal mechanism is put in place which allows the lender to take possession
and
sell the secured property ("foreclosure" or "repossession") to pay off the loan in the event that
the
borrower defaults on the loan or otherwise fails to abide by its terms. The word mortgage is
derived from a "law French" term used by English lawyers in the Middle Ages meaning
"death
pledge", and refers to the pledge ending (dying) when either the obligation is fulfilled or the
property is taken through foreclosure. Mortgage can also be described as "a borrower giving
consideration in the form of a collateral for a benefit (loan).
Assignment
Essentially, an assignment is the transfer of ownership. An example of an assignment is
when a person sells his or her car, thereby transferring the title to another.
When assigned, the option writer has an obligation to complete the requirements of the
option contract. If the option was a call (put) option, then the writer would have to sell
(buy) the underlying security at the stated strike price.
Example:
One example of assignment is 'transfer by the holder of a life insurance policy (the assignor)
of
the benefits or proceeds of the policy to a lender (the assignee), as a collateral for a loan'. In
such case in the event of the death of the assignor, the assignee is paid first and the balance (if
any) is paid to the policy's beneficiary. However, insurance policies other than life
insurance, may not be used for this purpose.
Module 7
Asset Liability Management (ALM) in Banks
The process by which an institution manages its balance sheet in order to allow for
alternative interest rate and liquidity scenarios
Banks and other financial institutions provide services which expose them to various
kinds of risks like credit risk, interest risk, and liquidity risk
Asset-liability management models enable institutions to measure and monitor risk,
and provide suitable strategies for their management.
Components of Liabilities
1. Capital:
Capital represents owner’s contribution/stake in the bank.
- It serves as a cushion for depositors and creditors.
- It is considered to be a long term sources for the bank.
3. Deposits
This is the main source of bank’s funds. The deposits are classified as deposits payable
on ‘demand’ and ‘time’. They are reflected in balance sheet as under:
a) Demand Deposits
b) Savings Bank Deposits
c) Term Deposits
4. Borrowings: (Borrowings include Refinance / Borrowings from RBI, Inter-bank & other
institutions)
I. Borrowings in India
i) Reserve Bank of India (Including foreign currency notes)
II. Balances with Reserve Bank of India
In Current Accounts
In Other Accounts
Balances with Banks and Money at Call & Short Notice
I. In India
i) Balances with Banks
a) In Current Accounts
b) In Other Deposit Accounts
ii) Money at Call and Short Notice
a) With Banks
b) With Other Institutions
II. outside India
a) In Current Accounts
b) In Other Deposit Accounts
c) Money at Call & Short Notice
2) Investments
A major asset item in the bank’s balance sheet. Reflected under 6 buckets as under:
I. Investments in India in:
i) Government Securities
ii) Other approved Securities
iii) Shares
iv) Debentures and Bonds
v) Subsidiaries and Sponsored Institutions
vi) Others (UTI Shares, Commercial Papers, COD & Mutual Fund Units etc.)
II. Investments outside India in
Subsidiaries and/or Associates abroad
3) Advances
The most important assets for a bank.
A. i) Bills Purchased and Discounted
ii) Cash Credits, Overdrafts & Loans repayable on demand
iii) Term Loans
B. Particulars of Advances:
i) Secured by tangible assets (including advances against Book Debts)
ii) Covered by Bank/ Government Guarantees
iii) Unsecured
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4) Fixed Asset
I. Premises
II. Other Fixed Assets (Including furniture and fixtures)
5) Other Assets
I. Interest accrued
II. Tax paid in advance/tax deducted at source (Net of Provisions)
III. Stationery and Stamps
IV. Non-banking assets acquired in satisfaction of claims
V. Deferred Tax Asset (Net)
VI. Others
Teams.
2. Method of reporting data from Branches/ other Departments. (Strong MIS).
3. Computerization-Full computerization, networking.
4. Insight into the banking operations, economic forecasting, computerization, investment,
credit.
5. Linking up ALM to future Risk Management Strategies.
Activities of ALCO
ALCO decision making unit- Responsible for balance sheet planning from risk return
perspective
Monitoring the market risk levels by ensuring adherence to the various risk limits set by
the bank
Articulating the current interest rate view and a view on future direction of interest rate
movements
Deciding the business strategy of the bank, consistent with the interest rate view, budget
and pre-determined risk management objectives
Determining the desired maturity profile and mix of assets and liabilities
Product pricing for both assets and liabilities side
Deciding the funding strategy i.e. source and mix of liabilities or sale of assets
Reviewing implementation of decisions made in the previous meeting
Module 8
Contemporary Issues in Modern Banking System