Banking Law And Practice Source ICSI Part-1
Banking Law And Practice:
Company Secretaries have a pivot role to play in the Banking and Financial Sector. A Company Secretary can work as a compliance officer in a banking and financial institution and play an important role in ensuring compliance to complicated legal, regulatory and supervisory issues all the time, transcending various spheres of banking operations. So, in order to build the capacity of Companies Secretaries to work as a compliance officer in Banks and to provide them a specialized knowledge in Banking laws and practice, a paper on Banking Laws and Practice has been added as an elective paper. The students who want to pursue their career in Banking and financial sector may chose this subject.
The syllabus and content of this paper has been developed in joint association of Indian Institute of Banking and Finance and the syllabus covers most of the aspects from gamut of banking. The objective of including this paper is to give a specialized knowledge of law and practice relating to banking.
An attempt has been made to cover fully the syllabus prescribed for each module/subject and the presentation of topics may not always be in the same sequence as given in the syllabus. Candidates are also expected to take note of all the latest developments relating to the subjects covered in the syllabus by referring to RBI circulars, financial papers, economic journals, latest books and publications in the subjects concerned.
Although due care has been taken in publishing this study material, yet the possibility of errors, omissions and/ or discrepancies cannot be ruled out. This publication is released with an understanding that the Institute shall not be responsible for any errors, omissions and/or discrepancies or any action taken in that behalf.
Should there be any discrepancy, error or omission noted in the study material, the Institute shall be obliged if the same are brought to its notice for issue of corrigendum in the e-bulletin Student Company Secretary. In the event of any doubt, students may write to the Directorate of Academics in the Institute for clarification at academics@icsi.edu.
There is open book examination for this Elective Subject of Professional Programme. This is to inculcate and develop skills of creative thinking, problem solving and decision making amongst students of its professional programme and to assess their analytical ability, real understanding of facts and concepts and mastery to apply, rather than to simply recall, replicate and reproduce concepts and principles in the examination.
Level of Knowledge: Expert Knowledge
Objective: To acquire specialized knowledge of law and practice relating to Banking
Detailed Contents:
1. Overview of Banking System
- Regulatory Framework and Compliances
- Provisions of RBI Act 1935, Banking Regulation Act 1949, Prevention of Money Laundering Act,
- Government and RBI’s Powers Opening of New Banks and Branch Licensing Constitution of Board of Directors and their Rights Banks Share Holders and their Rights CRR and SLR Concepts Cash- Currency Management Winding up – Amalgamation and Mergers Powers to Control Advances – Selective Credit Control – Monetary and Credit Policy Audit and Inspection Supervision and Control – Board for Financial Supervision – its Scope and Role Disclosure of Accounts and Balance Sheets Submission of Returns to RBI, Corporate
3. Legal Aspects of Banking Operations
Case Laws on Responsibility of Paying and Collecting Banker Indemnities or Guarantees – Scope and Application – Obligations of a Banker – Precautions and Rights – Laws relating to Bill Finance, LC and Deferred Payments – Laws Relating to Securities – Valuation of Securities – Modes of Charging Securities – Lien, Pledge, Mortgage, Hypothecation etc. – Registration of Firms/Companies – Creation of Charge and Satisfaction of Charge.
4. Banking Related Laws
Law of Limitation – Provisions of Bankers Book Evidence Act -Special Features of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 TDS Banking Cash Transaction Tax Service Tax, Asset Reconstruction Companies, The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, The Consumer Protection Act, 1986, Banking Ombudsman Lok Adalats, Lender’s Liability Act.
5. Banker – Customer Relations
The legal relationship between the Banker and Customer, the Multifarious Transactions between them and the Rights and Duties of the Parties springing out of such relationship Nature of Banking Business Legal Nature of Banker-Customer Relationship and their Mutual Rights and Duties Special Categories of Customers, such as Corporations, Partnership Firms, Hindu Joint Families, Unincorporated Bodies, Trusts, Joint Account Holders, Minors, Nominee Accounts, Liquidator, Mercantile Agents, Non-Resident Indians, Foreigners and the Legal Incidence of Each Different Types of Accounts such as Current Accounts, Savings Bank Account and Fixed Deposits Other Transactions between Banker and Customer such as Safe Deposit Vaults, Financial Advice, Letters of Introduction and Other Services Rendered by Banks Special features of the relationship between banker and customer – Their mutual rights and duties – lien – Power to combine different accounts – Secrecy of account.
6. Loans and Advances
Law, Practice and Policies governing the employment of the funds in the hands of the banker with special reference to the lending banker State Policy on Loans and Advances – Priority sector advances and socio- economic policies – Financial inclusion – Self- Employment Schemes – Women Entrepreneurs – Small Scale Industries – Agricultural Finance, Export Finance, etc. – Micro Finance – How the banker profitably uses the fund – Call loans and loans repayable at short notice – Loans and advances – Overdrafts – Legal control over bank’s deployment of funds.
7. Securities for Banker’s Loans
The legal issues involved in and the practice governing the different kinds of securities for banker’s advances and loans Guarantees, pledge, lien, mortgage, charge – subject matters of collateral security Corporate Securities Documents of title to goods Land and Buildings Book debts Life Policies Factoring; Bill Discounting; Bank Guarantees; Letters of Credit; Commercial Papers.
8. Financial Analysis of Banks
Introduction; Role of financial analysis in financial management; Techniques of Financial Analysis; DuPont Model of Financial Analysis; Special issues in Financial Analysis of Banking Industry.
9. Financial System Contemporary and Emerging Issues: An Overview
Introduction; Role of Financial System; Capital Flow Through Intermediary Financial Institutions; Direct Capital Flow; Primary Market Products; Primary Market Issue Facilitators; Secondary Market; Economic Importance of Financial Markets.
10. International Banking Management
International Banking: An Overview, Legal & Regulatory Framework, International Banking Operations Management, Risk Management in International Banking, Special Issues: Technology and International Banking; Globalisation and International Banking; Financial Innovations in International Banking.
11. Electronic Banking and IT in Banks
IT in Banking: An Introduction. IT Applications in Banking- Computer-Based Information Systems for Banking; Electronic Banking; Electronic Fund Management, Enabling Technologies of Modern Banking- Electronic Commerce and Banking; Supply Chain Management; Customer Relationship Management; Integrated Communication Networks for Banks Security and Control Systems – Cybercrimes and fraud management Planning and Implementation of Information Systems.
12. Risk Management in Banks
Risk Management: An Overview, Credit Risk Management, Liquidity and Market Risk Management, Operational Risk Management, Special Issues- Risk Management Organisation; Reporting of Banking Risk; Risk Adjusted Performance Evaluation Basel III.
13. Ethics and Corporate Governance in Banks
Ethics and Business, Corporate Governance, Corporate Social Responsibility, Governance in Financial Sector.