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Rationale & Situational Analysis. Banks can not sanction loans against their own shares. Prohibited under Sec-20 (b) of BR Act Prohibited Under Sec- 34(1-b) of SBI Act This tantamount to reduction in capital of the Bank.
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Banks can not sanction loans against their own shares • Prohibited under Sec-20 (b) of BR Act • Prohibited Under Sec- 34(1-b) of SBI Act • This tantamount to reduction in capital of the Bank
Partnership letter (COS-37) is obtained while opening accounts for Partnership firms • It gives particulars of all the partners • The partners undertake that whenever any changes occurs in the said firm to give notice thereof to the Branch of the Bank at once in writing. • It also gives all the partners who have authorised to sign on behalf of the firm
Bank is not responsible for any wrong entry made in the account through internet banking. • The transaction is being done by the customer himself • It gives the right to authorise/ approve or disapprove the transactions/ entry to the customers themselves. • The branch is not having any possibility to approve/ disapprove the transaction.
No death certificates are to be insisted for settlement of cases of Missing persons up to Rs. 1 lac. • RBI has come out with instructions to alleviate hardships faced by customers in getting the settlement for small value deposits without getting a valid presumptive death certificate. • Our Bank instructed that the claims up to a threshold limit of Rs.1,00,000/- (Rs. One Lac only) will be entertained without insisting for valid death certificate. All such claims in respect of missing persons, reported missing for a minimum period of one year, shall be settled on production of the following documents. • 1. FIR • 2. Non-traceable report issued by the police authorities. • 3. Indemnity from the claimant
Bank Guarantees should be classified properly • Bank guarantees attract capital provisioning on Risk Weight based on Credit Conversion Factor • Performance Bank guarantee attracts a CCF of 50% • Financial guarantee attracts a CCF of 100%. • So if wrongly classified, wrong CCF will be applied, resulting in higher provision of capital. • This results in opportunity loss of profitable deployment of capital
Your branch maintains a current account of a partnership firm M/s. Singh Firm with Sanjay Sign & Rahul Singh as partners. • Master Sandesh Singh (Son of Sanjay Singh) is also admitted to the firm for benefits. • In order to meet the financial requirements of the firm, Mr. Sanjay Singh approaches your bank branch to sanction a demand loan against an TDR in the name of Master Sandesh, FNG- Mr. Sanjay Singh. • How will you deal with this situation?
Minors can be inducted into partnership for the benefits of the partnership only. • Loan against TDR in the name of Minor can be sanctioned, if the loan is for the personal maintenance of minor. • Here the loan is going to be utilised for the benefit of business & not for the benefit of minor. • So we can not sanction the loan against the TDR
Mr. Subramaniam and Mr. Muralidhar have a savings bank a/c, with style of operations as- “Either or Survivor”. • Your branch has received a cheque issued by Mr. Subramaniam and the has some alterations. • These alterations have been duly authenticated by Mr. Muralidhar. • The SWO, who is a newly joined Assistant, comes to you seeking directions. • How will you guide him?
The mandate permits operation by both persons on either or survivor basis. • So both can independently operate the account. • The alterations can be authenticated by any one as both have mandate to operate the account. • Hence the cheque can be paid if otherwise in order.
Your branch opens a fixed deposit of Rs.50000 in the joint name of Mr. Anil Kumar and Mr. Suhail Kumar payable to either or survivor. • They also nominate Miss.Konica, a minor daughter of Mr. Suhail Kumar with the provision that the payment can be claimed by Mrs.Suhail Kumar on behalf of the minor. • Unfortunately, Mr. Suhail Kumar expired and • Subsequently Mr. Anil Kumar decides to change the nomination from Miss. Konica to his own son. • To this, Mrs. Suhail Kumar objects and asks your branch not to accept the instruction of Mr. Anil Kumar. • How will you deal with the situation?
As per the mandate of E or S, the survivor gets the right to operate / change the account as if it were operated by only the survivor. • The nomination is effective only after the death of both depositors. • Hence the request for change of nomination has to be accepted and carried out as per his wish. • The nominee / her mother’s request can not be entertained.