Legal and Regulatory Aspects of Banking eBook For JAIIB Exam (English Medium) By ADDA247

ADDA 247 is launching Legal and Regulatory Aspects of Banking eBook for JAIIB & Other Banking Promotion Exams. This eBook is updated as per the latest examination pattern and is suitable for JAIIB & other Banking Promotion Exams.

 

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Index of Legal and Regulatory Aspects of Banking eBook.....

Module A
REGULATIONS AND COMPLIANCE

1. Legal Framework of Regulation of Banks

• Business of Banking
• Constitution of Banks
• RBI Act, 1934
• Banking Regulation Act, 1949
• Role of RBI
• Govt. as a Regulator of Banks
• Control over Co-operative Banks
• Regulation by other Authorities

 

2. Control over Organization of Banks

• Licensing of Banking Companies
• Branch Licensing
• Paid up Capital and Reserves
• Shareholding in Banking Companies
• Subsidiaries of Banking Companies
• Board of Directors
• Chairman of Banking Company
• Appointment of Additional Directors
• Restrictions on Employment
• Control over Management
• Corporate Governance
• Directors and Corporate Governance

 

3. Regulation of Banking Business

• Power of RBI to Issue Directions
• Acceptance of Deposits
• Nomination
• Loans and Advances
• Regulation of Interest Rate
• Regulation of Payment Systems
• Internet Banking Guidelines
• Regulation of Money Market Instruments
• Banking Ombudsman
• Reserve Funds
• Maintenance of CRR, SLR
• Assets in India

 

4. Returns Inspection, Winding up, Mergers & Acquisitions

• Annual Accounts & Balance Sheet
• Audit & Auditors
• Submission of Returns
• Preservation of Records and Return of Paid Instruments
• Inspection and Scrutiny
• Board for Financial Supervision
• Acquisition of Undertakings
• Amalgamation of Banks
• Winding up of Banks
• Penalties for offences

 

5. Public Sector Banks and Co-operative Banks

• SBI and its Subsidiaries
• Regional Rural Banks
• Nationalized Banks
• Application of BR Act to Public Sector Banks
• Disinvestment of Shares by Govt.
• Co-operative Banks

 

6. Financial Sector Legislative Reforms

• Need
• Approach for Financial Sector Legislative Reforms
• Important Reforms

 

7. Financial Sector Development Council

• Role and Functions of Financial Sector Development Council

 

Module B
LEGAL ASPECTS OF BANKING OPERATIONS

1. Different Types of Borrowers

• Types of Borrowers
• Limited Liability Partnership

 

2. Types of Credit Facilities

• Cash Credit
• Overdraft
• Demand Loans
• Term Loans
• Bill Finance

 

3. Secured and Unsecured Loans, Registration of Firms and Incorporation of Companies

• Definition of Secured and Unsecured loans
• Need for Secured Loans
• Registration of Firms
• Consequences of Non-registration of Firms
• Incorporation of a Company

 

4. Indemnities

• Definition of Contract of Indemnity
• Features of Indemnity Contract & Guarantee
• Scope and Application of Indemnity Contracts to Banks
• Obligations of a Banker
• Precaution & Rights of an Indemnity Holder

 

5. Bank Guarantees

• Definition and Types of Bank Guarantees
• Banker’s Duty to Honor Guarantee
• Precautions to be taken for Issuance of Bank Guarantee
• Precautions to be taken for Payment under Bank Guarantee
• Invocation & Enforcement
•  

6. Letters of Credit

• General Considerations of Letters of credit
• Parties to a Letter of credit
• Types of Letters of credit
• Documents under a Letter of credit
• UCPDC 600
• Banks obligation for payment of Letter of credit

 

7. Deferred Payment Guarantees

• Purpose of DPGs
• Methods of Payment

 

8. Laws Relating to Bill Finance

• Class of Bills and Laws Governing Bills
• Classification of Bills
• Categories of Bill Finance
• Bill Finance and Legal Position of Banker

 

9. Various Types of Securities

• Types of Securities
• Escrow Arrangements
• Trust and Retention Arrangements

 

10. Laws Relating to Securities and Modes of Charging – I

• Mortgage
• Types of Mortgage
• Enforcement of Mortgages

 

11. Laws Relating to Securities and Modes of Charging – II

• Lien
• Pledge
• Hypothecation

 

12. Registration and Satisfaction of Charges

• Definition of Charge
• Procedure for Registration of Charge
• Effect of Non-registration of Charges
• Provisions of Law relating to Registration of Charges

 

13.  Case Laws on Responsibility of Paying Bank

• Negotiable Instruments Act and Paying Banks
• Liability of Paying Banker
• Payment in due course
• Payment in Good Faith
• Whether Payment under Mistake Recoverable

 

14. Case Laws on Responsibility of Collecting Bank

• Statutory protection to Collecting Bank
• Duties of Collecting Bank

 

Module C
BANKING RELATED LAWS

1. Recovery of Debts due to Banks and Financial Institutions Act, 1993(DRT Act)

• Objective of the Act
• Constitution of Tribunal
• Procedure to be followed
• Enforcement process

 

2. Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI)

• Constitutional Validity
• Definitions
• Regulation & Reconstruction
• Enforcement of Security Interest
• Central Registry
• Offences & Penalties
• Miscellaneous Provisions

3. Banking Ombudsmen Scheme

• Purpose
• Extent
• Definitions
• Establishment
• Powers
• Procedure for Redressal Grievance Bankers

 

4. Books Evidence Act, 1891

• Applicability
• Definition
• Important Provisions

 

5. The Legal Services Authorities Act, 1987

• Lok Adalats- Organization
• Jurisdiction
• Disposal of Cases
• Awards

 

6. The Consumer Protection Act, 1986 and CERSAI

• Preamble
• Extent & Definitions
• Consumer Protection Councils
• Consumer Disputes Redressal Agencies
• Objectives and important provisions of Central Registry of Securitisation Asset Reconstruction and Security Interest of India

 

7. The Law of Limitation

• Definition
• Computation of Limitation
• Important Provisions in schedule to the Limitation Act

 

8. Tax Laws

• Income Tax
• Commodity Transaction Tax
• Service Tax

 

9. Negotiable Instruments Act, 1881

• Applicability
• Definition
• Important Provisions

 

10.  Payment & Settlements Systems Act, 2007

• Applicability
• Definition
• Important Provisions

 

Module D
COMMERCIAL LAWS WITH REFERENCE TO BANKING OPERATIONS

1. Indian Contract Act, 1872

• Meaning and essentials of contract
• Contract of Indemnity & Rights of Indemnity Holder
• Contract of Guarantee
• Contract of Bailment
• Contract of Pledge
• Contract of Agency

 

2. The Sale of Goods Act, 1930

• Features
• Sale & Agreement to Sell
• Conditions and Warranties
• Express & Implied
• Rights of Unpaid Seller

 

3. Indian Partnership Act, 1932

• Definition & Types of Partnerships
• Relation of partners to one another & to third Parties
• Minor admitted to benefits of partnership
• Dissolution of a firm
• Effect of non registration

 

4. Limited liability partnerships

• Formation
• Registration
• Rights and liabilities of partners
• Definition & Features of a Company;
• Distinction between Company and Partnership

 

5. The Companies Act, 1956 (Now Companies Act, 2013)

• Definition, Features & Types of companies
• Memorandum and Articles of Association
• Doctrine of Ultra Vires
• Constructive Notice
• Indoor Management
• Membership of Company Acquisition
• Cessation
• Register
• Rights & Duties of Members
• Prospectus
• Directors
• Winding up of Companies

 

6. Foreign Exchange Management Act, 1999

• Important Terms
• Powers of RBI
• Regulation and Management
• Directorate of Enforcement

 

7. Transfer of Property Act, 1882

• Sale, Mortgage of Immovable Property
• Types of Mortgages
• Sale with and without court intervention
• Lease of Immovable Property

 

8. The Right to Information Act, 2005

• Applicability
• Definition
• Important Provisions Right to Information and Obligation of Public Authorities Obligations
• Procedure; Disposal; Appeal; Orders; Penalties.

 

9. The Prevention of Money Laundering Act, 2002

• Obligations
• Records to be Maintained
• Procedure for Maintaining & Furnishing Information
• Maintenance & Verifications of Records of Identity of Clients

 

10.  Information Technology Act, 2000

• Definitions
• Electronic Governance
• Certifying Authorities
• Digital Signature Certificates
• Penalties
• Appeal

 

Latest Edition Includes

• Concept with Detailed Approach & Examples
• Key Highlights & Exercises for Each Topic
• Basic to Advance Level Questions with Detailed Solutions
• 500+ Questions with 100% Solutions ..

 

 

Validity: 6 Months

Uploading plan:

Module Name	Live Date
Module (D)	Available
Module (C)	14-Dec-2021
Module (B)	18-Dec-2021
Module (A)	22-Dec-2021