General Banking
General Banking
General Banking
GENERAL BANKING
What is Bank :
Bank is a financial institution. It takes deposit from public, lending money to the people and
make investment.
Who is a Banker?
Banker is a person transacting the business of accepting, for the purposes of lending or
investment of deposits of money from the public, repayable on demand or otherwise and
withdrawable by cheque, draft, order or otherwise and include any post office savings bank.
Who is a Customers?
A person who have some sort of account with the bank (may be fixed, current or savings).
Frequency of transaction is in the account is not essential. One single transaction is good
enough. Banker-customer relationship is a contractual. Availing of DD/TT facilities and
depositing valuables for safe custody and other services occasionally without having any
account with the bank are not enough to become a customer.
Debtor-Creditor Relationship:
The general relationship between a banker and customer (account holder) is that of a debtor and
creditor. If the customer’s account shows credit balance, the bank is debtor and customer is
creditor. On the other hand, if the account of the customer is overdrawn, the relationship is just
the reverse and here the customer is the debtor.
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Principal-Agent :
All modern banks provide agency services to their customers. When a bankers buys or sells
securities on behalf of his customer, he performs an agency function. Similarly, when he collect
cheques, bills, interest and dividend etc. or when he pays insurance premium from the customers
account, as per his instruction, he acts as an agent.
Trustee-Beneficiary:
Many times a banker is in the position of a trustee. A trustee is one who holds property for the
benefit of a person or beneficiary. The banker is a trustee when a customer deposits his
valuables and securities for safe custody. In this case, the customer continues to be the owner
and is entitled to the same goods and valuables as he deposited. The banker can not use the
articles kept for safe custody anyway he likes. He can not return equivalent goods in place of the
original one. Here the legal position of a banker as a trustee is quite different from that of debtor
and creditor. For example, in the event of bank’s liquidation, securities and valuables held by the
bank as trustee are not available for distribution to the general creditors. Fund, if any, coming to
the hands of the bank as a trustee must also be applied for specific purpose as the trust deed
indicates.
Bailor-Bailee:
When a bank advances money to a borrower, the goods of the borrower may be brought under
the control of a bank (pledge). Such goods are called pledged goods. In this case, the
relationship between a customer and a banker in respect of the goods under pledge is that of a
bailor and bailee.
Lessor-Lessee:
In case of locker operation, the relationship between the banker and customer is lessor-lessee.
Here the banker is Lessor and customer is Lessee.
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right is expressly conferred by statue or by custom or usage. The right of lien may be (a)
Particular or (b) General.
Although the banker has the statutory right of set-off, yet by way of caution he obtains
from the customer a letter of set-off duly signed in the presence of a witness to protect the
banker from any possible future objections to the exercise of his right of set-off.
Banker’s clearing house is a common place usually located at the Central Bank or any other
designated bank where officials of different banks settle their inter-bank claims daily through
their accounts maintained by the Central Bank. This happens because each bank receives many
cheques, drafts etc. drawn on other banks. Collection of those by sending officials to those bank
is costly. So clearing/settling mutual claims and debts is done through clearing. In absence of
Bangladesh Bank, Sonali Bank acts as the clearing house in our country.
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An order to pay money, drawn by one office of a bank upon another office of the same bank for
a sum of money payable to order on demand.
Bank/Demand Draft :
Also called Demand Draft. It is drawn by one branch of a bank on another of the same bank
instructing the letter to pay a specified sum of money to a named payee or to his order. It is
payable on demand and its payment can not be countermanded or stopped. Neither it is payable
to bearer, because of these advantage, this instrument is used by the customers to make secured
payment.
Pay Order :
A pay order is an order by the issuing office of a bank upon itself to make payment of the
amount mentioned therein to the named payee or according to his order. Thus, it is different
from the Bank Draft which is drawn by one branch of the bank on another. Pay Orders are
issued only for local payments.
A Pay Order is not a negotiable instruments and therefore, its holder cannot acquire a better title
than what the transferor had. Its payments also cannot be easily stopped or countermanded.
DD is a negotiable instruments ? :
01. A cheque can be 01. A draft can not made payable to the bearer.
payable to bearer. 02. Normally the payment of draft can not be
02. The payment of countermanded.
cheque can be countermanded (stop 03. In case of Demand Draft, the banker has a
payment). direct liability.
03. In case of cheque, the
banker has indirect liability.
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01. Cheque can only be drawn on bank. 01. Bill of Exchange is drawn on any person,
firm, company or public including a bank.
02. A cheque is payable on demand. 02. 3 (three) days of grace are allowed to the
drawee.
03. There is no question of acceptance. 03. A bill of exchange payable after sight
requires acceptance.
04. Bankers get statutory protection in case of 04. Bankers do not get any protection in case
crossed cheques. of crossed bill of exchange.
05. A cheque can not be drawn in sets. 05. A bill of exchange may be drawn in sets.
06. The drawer has right to countermand. 06. The drawer has no right to countermand.
05. There is no need to present it for 05. A bill of exchange payable after sight
acceptance. requires acceptance.
06. A bill of exchange can be made payable to
06. A promissory note can not be made self.
payable to the maker himself.
Guarantee Indemnity
01. In case of guarantee, there are three parties 01. In case of indemnity, there are two parties
i.e. the Creditor (party), the Principal i.e. Indemnifier (Promisor) and
Debtor (in his favour guarantee issued) and Indemnified (Promisee).
Surety (bank). 02. The liability of indemnifier is primary.
02. The liability of surety is secondary. 03. The liability of the indemnifier arises only
03. In case of guarantee, there is always on the happening of the event.
existing debt. 04. Indemnity is given without any request,
04. The guarantor undertakes obligation at the expressed or implied.
request of the Principal Debtor. 05. Indemnifier cannot sue third parties unless
05. Guarantor can sue the Principal Debtor in there is the assignment.
case of Revocation.
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Guarantee Indemnity
01. In case of guarantee, there are three parties 01. In case of indemnity, there are two parties
i.e. the Creditor (party), the Principal i.e. Indemnifier and Indemnified.
Debtor (in his favour guarantee issued)
and Surety (bank). 02. The liability of indemnifier is primary.
02. The liability of surety is secondary. 03. In a contract of indemnity the liability of
03. In the case of guarantee, there is an the indemnifier arises only on the
existing debt or obligation, the happening of a contingency.
performance of which is guaranteed by the 04. In the contract of indemnity, indemnity is
surety. given or, obligation is undertaken, without
04. In the contract of guarantee, the surety any request, expressed or implied, of the
undertakes his obligation at the request of debtor.
the third party (principal debtor). 05. In a contract of indemnity, the indemnifier
05. A guarantor can file a suit in his own name cannot sue third parties in his own name
against the debtor, if he pays the debt or unless there is the assignment. He must
performs the obligation. sue in the name of the indemnified.
Guarantee :
The Contract of Guarantee has been defined under Section-126 of the Contract Act-1872 as :
Indemnity :
A contract of indemnity is defined under Section-124 of the Contract Act-1872 as :
A contract by which one party promises to save the other from loss caused to him by the
conduct of the promisor himself, or by the conduct of any other person.
Shipping Guarantee :
It is a guarantee cum indemnity issued by the bank in favour of the shipping company. When
shipping documents against L/C are not received by the bank but the ship carrying the goods
arrives at the port of destination and the shipping company is not willing to release the goods
without the relative shipping documents but the importer may like to take delivery of the goods
to avoid warehousing cost and demurrage charge against an agreement indemnifying the
shipping company for any loss which it may sustain for delivery of goods without the relative
bill of lading.
Guarantees given by bank to shipping companies for release of goods in the absence of
Shipping Documents in case of goods arrive before receipt of the documents.
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Dormant Account :
Savings or Current accounts which become inoperative for a period of one year generally are
marked as ‘Dormant Account’. After one year of ‘dormant’ marked it transferred to the
‘Dormant Account Ledger’ .
Deceased Account :
In the event of death of an individual account holder, the contract of the account holder with the
bank is ceased and all operations in his account are stopped. A caution mark ‘deceased account’
is drawn just below the balance of the account.
As soon as the information of death of any account holder is received by the banks either
through newspapers or some reliable source, the date of death and source of information are
noted on the ledger folio of the relevant account.
Payment of balance of deceased account :
a. However, if there is any nominee of the account, bank’s are fully discharged in paying
him the balance of the account.
b. Probate or letter of administration or succession certificate from court.
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We know that the cash deposited into the accounts of the banks by the account holders are
termed as deposits. We also know that the deposits are the borrowings of the banks from the
people. These are repayable on demand. As and when depositors will make demand properly
through cheques, banks are bound to make payment in cash. In this sense deposits are money
(bank money).
a) Deposit Insurance
All types of deposit/depositors are insured upto a maximum of Tk.1.00 lac per
account/depositor irrespective of whether one has one or more account.
b) Liquidity
The scheduled banks are required to maintain a certain percentage of their deposits as
liquidity (cash/near cash). Currently such liquidity 18% (13% SLR & 5% CRR).
e) Good Governance
In addition, the central bank also ensures good governance of the banks through
restrictions on directorship, sanction of large loans, loans/interest waiver and various
other means.
Natural person like married or unmarried man and woman, literate or illiterate persons,
pardanshin ladies and even a blinds man can open an account either singly or jointly.
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A banker is found to be very careful in selecting his customers. Before opening an account, he is
to be satisfied himself about the identity, character, integrity and respectability of the proposed
account opener. To this end he talks to the proposed customer informally to gather as much
information as possible to satisfy himself about his bonafide. Not only that, a banker is also now
required to obtain information about the possible transaction needs of the customers and
maintain those in the customer profile. Most importantly the banks are to compulsorily obtain
introduction as well.
Who can Introduce an Account :
Anybody acceptable to a bank may introduce an account such as existing account holders,
government high official, respectable person.
What is cheque ?
Cheque is a bill of exchange drawn on a specified banker and not expressed to be payable
otherwise than on demand. (an instrument in writing containing an 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 the bearer of the instrument.
Kinds of Cheques : Debnath Sir.
Cheque supplied to the account holders can be used variously by them depending on the
circumstances. In fact, based on the use and utility, cheques assume differing, characteristics and
serve various purposes of the account holders. (01). Bearer Cheque (02). Order Cheque, (03)
Crossed Cheque and (04) Non Negotiable Cheques.
Bearer Cheque :
Cheques in which the word ‘Bearer’ appears after the payee’s name are called Bearer Cheque.
These kinds of cheque are likely cash since they are freely transferable from one person to
another without any bar and it can be encashed by anybody from the bank over the counter.
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Order Cheque :
A cheque in which the word ‘Order’ appears after the name of the payee is called Order Cheque.
An order cheque can be paid to the payee or to any person according to payee’s order.
Instructions are written on the back of the cheque.
Crossed Cheque :
When two parallel lines are drawn across the face of a cheque, it is called crossed cheque. A
crossed cheque can not be paid at the counter. It can be paid only through an account.
Post-dated Cheque :
A cheque bearing a future date is called post-dated cheque. A bank can not pay cheque before
date of cheque. Post dated cheque is not paid by a bank.
Ante-dated Cheque :
A cheque bears a date earlier to the date on which the cheque is drawn. For example : a cheque
drawn on January 15 bearing date January 10 is an ante-dated cheque. Bank generally pay an
ante-dated cheque.
Blank Cheque :
A cheque without any details bearing only the signature of the drawer is called blank cheque.
This is also called inchoate (incomplete) instruments.
Conversion :
Conversion is another word for wrongful payment of a customers cheque. All cheques are drawn
by the account holders to be payable to the intended person. If the bank pay it to any person
other than the intended person, the payment will be wrongful payment or conversion.
Crossing defined : A cheque is said to be crossed when two transverse parallel lines with or
without any words are drawn across its face. A crossing is a direction to the paying banker to
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pay the money generally to a banker or a particular bankers as the case may be, and not to the
holder at the counter. Crossing may be written, stamped, printed or perforated.
Object of Crossing :
Crossing affords security and protection to the true owner, since payment of such a cheque has
to be made through a banker. It can, therefore, be easily detected to whose use the money has
been received. Cheques are crossed in order to avoid losses arising from open cheques falling
into the hands of wrong persons.
Crossing of a cheque does not affect its negotiability. Crossed cheques are negotiable by
delivery in case they are payable to bearer and by endorsement and delivery where they are
payable to order. Holder of a crossed cheque, who has no account in any bank, can obtain
payment by endorsing it in favour of some person who has got an account in a bank.
Crossed Cheque :
When two parallel lines are drawn across the face of a cheque, it is called crossed cheque. A
crossed cheque can not be paid at the counter. It can be paid only through an account.
Kinds of Crossing.
01. General Crossing
02. Special Crossing
General Crossing :
When a cheque bears two parallel lines across its face, it is called a general crossing. A
cheque bearing a general crossing can be paid only through an account. General crossing is
usually put either at the top left corner or in the middle of the cheque.
Special Crossing :
When the name of the particular bank is written across the face of a cheque, it is called a special
crossing. As per Section-124 of N.I. Act, a cheque shall be deemed to be crossed specially and
to a particular banker “Where a cheque bears across its face an addition of the name of a
banker, either with or without the words ‘not negotiable”.
When a cheque bears a special crossing, it can be paid only to that bank which is mentioned in
the crossing. In case of special crossing, drawing of two parallel lines is not necessary. Simply
writing of the name of the bank is sufficient.
Restrictive Crossing :
Besides the above two types of statutory crossing, in recent years the practice of crossing
cheques with the words ‘account payee’ or ‘account payee only’ has sprung up. Such a crossing
is termed as ‘restrictive crossing’.
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Restrictive crossing is only a direction to the collecting banker that the proceeds are to be
credited only to the account of payee named in the cheque. In case the collecting banker allows
the proceeds to be credited to some other account, it may be held liable for wrongful conversion
of funds. It does not in any way affect the paying banker, who has simply to see that the cheque
has been presented to it for payment by any bank in case of general crossing and by the
particular bank (named in crossing) in case of special crossing. It is under no duty to ascertain
that the cheque is in fact collected for the account of the person named as payee.
Specimen of Restrictive Crossing.
It is to be noted that the basic ingredient of crossing, ‘the two transverse parallel lines’ across
the face of the cheque, must be present in order to constitute any cheque as a crossed cheque.
The cheque will not be taken as a crossed cheque if this has not been done.
Opening of Crossing :
Cancellation of crossing is called opening of crossing. After opening of crossing, the cheque
becomes an open cheque. Only the drawer of the cheque is entitled to open the crossing by
writing the words “Pay Cash” and cancelling the crossing alongwith his full signature.
What does constitute Crossing :
In case of general crossing, drawing of two parallel lines across the face of a cheque is sufficient
and necessary. Writing of ‘And Co.” or “& Co.” are not necessary. It follows from it, therefore,
that simply writing of “Not Negotiable” or “Account Payee” on the face of the cheque without
two parallel lines do not constitute crossing.
More than one Crossing :
When a bank accepts cheque from it’s a/c holders, it gives them receipt for these cheques. If the
cheques are lost or their amount is misappropriated bank will be responsible to it’s a/c holders.
To overcome this risk bank puts a special crossing of its own on all the cheques received for
collection from its account holders, so that all cheques become payable only to itself.
One cheque may bear two crossing i.e. one general crossing and one special crossing. But when
a cheque bears more than one special crossing i.e. when it is crossed specially to more than one
bank, its payment should be refused unless one bank is collecting the payment for the other as its
agent. To enable the paying bank to know that one bank is collecting the payment for the other,
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the sending bank should put on the back of the cheque its direction to pay cheque to the other
bank. In this case the words “as agent for collection” must be included in the special crossing,
subsequent endorsement or discharge.
Double Crossing : When a cheque bears two separate special crossings, it is said to have been
doubly crossed. According to Section-127 “where a cheque is crossed specially to more than one
banker, except when crossed to an agent for the purpose of collection, the banker on whom it is
drawn shall refuse payment thereon”. Thus, a paying banker shall pay a cheque doubly crossed
only when the second banker is acting only as he agent of the first collection banker and this has
been made clear on the instrument. Such crossing may be done in those cases where the banker
in whose favour the cheque has been specially crossed does not have a branch at the place where
the cheque is to be paid. This may be in the following form :
IFIC BANK LTD.
TO
CITY BANK LTD.
AS AGENT FOR COLLECTION
In all other cases, the paying banker should refuse to pay a cheque bearing double crossing.
The paying banker should make payment of a crossed cheque only through the collecting
banker. In case of special crossing the payment of cheque should be done only to the banker
show name has been mentioned between the two transverse parallel lines. In case the paying
banker makes payment of a crossed cheque in contravention of the above rules, its liability will
be as follows :
(i) The paying banker will have to reimburse the true owner for any loss that he might have
suffered on account of payment being made to a wrong person.
(ii) The paying banker shall not be entitled to debit his customers account with the amount of
payment in case payment has been made to a wrong person since it has not followed the
mandate of the customer. Such payment will not be taken as a ‘Payment made in due course’.
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Features of a cheque.
Kinds of cheque.
Endorsement :
The signature of the payee or holder on the back of a cheque/draft is called an endorsement.
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Kinds of Endorsement.
01. Blank endorsement
02. Full endorsement
03. Partial endorsement
04. Restrictive endorsement
05. Conditional endorsement
06. Endorsement Sans Recourse
07. Facultative endorsement
Blank Endorsement :
When the endorser signs his namely only (Mashud)
Full Endorsement :
When the endorsement adds the name of the endorsee above his signature, with a direction to
pay him or to his order. A blank endorsement may be converted into full endorsement by writing
the name of the endorsee over the signature of endorser. It is also called special endorsement :
Pay to M/S. Liberty Impex.
Restrictive Endorsement :
Where the endorser prohibits further negotiation.
Partial Endorsement :
Where only a part of the amount of the bill is transferred to a particular endorsee.
Who is Collecting Banker : The bank which collects the proceeds of cheques, drafts, pay
orders and bills etc. from other banks for deposit into the accounts of its customers is called a
collecting banker.
Who is Paying Banker : ‘Paying Banker’ is the ‘drawee’ bank or in other words the banker
upon whom a cheque is drawn. It pays the cheque to the collecting banker who presents those
before him on behalf of their customers. He is responsible to the customers and duty bound to
make payments to the right persons in accordance with the instructions of the drawer.
Capacity of Collecting Banker :
As an Agent : A collecting banker acts as an agent of the customer if he credits the
latter’s account with the amount of the cheque after the amount is actually realised from the
drawee bank. Thereafter, the customer is entitled to draw the amount of the cheque. The banker
thus acts as an agent of the customer and may charge from him a commission for collecting the
amount from other banks.
As an agent of his customer, the collecting banker does not possess title to the cheque better than
that of the customer. If the customer has no title thereto, or his title is defective, the collecting
banker can not have good title to the cheque. He will be held liable for conversion of money, i.e.
illegally interfering with the rights of the true owner of the cheque.
As Holder for Value : Collection of cheques takes some time, specially in case of
outstation cheques. If the collecting banker pays to the customer the amount of the cheque or
credits such amount to his account and allows him to draw it before the amount of the cheque is
actually realised from the drawee bank, the collecting banker is deemed to be its ‘holder for
value’. The bankers takes an undertaking from the customer to the effect that the latter will
reimburse the former in case of dishonour of the cheque.
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Funds in the a/c must be sufficient and available to honour the cheques. For dishonour of
cheque due to shortage of funds banks are not held responsible. Rather, if cheques are
drawn without funds, drawers by punishable under Section-138.
05. Must be valid instrument:
Cheques not drawn in the proper form are refused by the paying banker. Section-5 & 6 of
the N.I. Act provide that the bank should examine the contents of the cheque to ensure
that it is perfectly a valid instrument containing an unconditional order to pay a certain
sum of money.
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Thus, the paying banker is free from any liability on a crossed cheque even if the
payment was received by the collecting banker on behalf of a person who was not a true
owner. For example, a cheque in favour of X is stolen by Y. He endorses it in his own
favour by forging the signature of X and deposits it in his bank for collection. In this
case, the paying banker shall be discharged if he makes payment as mentioned above and
shall not be liable to pay the same to X, the true owner of the cheque.
The drawer of the cheque is also discharged since protection is also granted to him under
this Section. There is, however, one limitation to the protection granted under this
Section. If the banker cannot avail of the protection granted by other Sections of the Act,
the protection under Section-128 shall not be available to him.
For example, if the paying bankers makes payment of a cheque crossed with (a) Irregular
endorsement or (b) A material alteration or (c) Forged signature of the drawer, he loses
statutory protection granted to him under the Act for these lapses on his part. Hence he
cannot avail of the statutory protection under Section-1289, even if he pays the cheque in
accordance with the crossing.
In all the above cases, C cannot further negotiate the instrument. This made it obligatory for the
drawee or maker to examine all indorsements before making payment.
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Thus, the principle “one a bearer instrument, always a bearer instruments” holds good
only in the case of the cheque.
Material Alteration :
Material alteration is that change in the negotiable instrument which causes it to speak a
different language in legal effect from that which it had originally spoken. Change in order to be
material must alter the business effect of the instrument. These changes may relate to the legal
identity or character of the instrument either in the terms or in the legal relation to the parties to
it. All changes which alter the operation of the instrument or the rights and liabilities of the
parties shall be material, it will be immaterial whether the alteration is for the benefit or
detriment to any party to the instruments.
Garnishee Order :
In case a debtor fails to pay the money due to is creditor, the latter may apply to the court to
issue a garnishee order, on the debtor’s banker. As a result of this order the debtor’s account
with the bank is frozen and the bank cannot make any payment out of the account. The creditor,
on whose request such an order is issued is called the judgement creditor, the debtor, whose
account is frozen is called the judgement debtor and the banker who has the customer’s account
is called the Garnishee.
On receipt of such an order the bank should immediately inform the customer so that he may
make the necessary arrangements for payments of the debts due by him.
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(i) The amount attached : The Garnishee Order may provide for the attachment of the whole or
a part of the funds of the judgement debtor’s account with the bank. The bank should not make
payment out of the account so freezed in contravention of the court’s order otherwise it will be
liable for defying the order of the court.
Illustration : A fails to pay his creditor B a sum of Tk.6,000/-, B brings a Garnishee Order against the bank where A
has an account having a balance of Tk.10,000/- prohibiting any payment out of this account. Inspite of this the
banker subsequently honours A’s cheque for Tk.5,000/-. The banker is liable for defying court’s order and will have
to compensate B for any loss that he may suffer on account of non-recovery of the full amount due to him.
In case only a part of the sum standing to the credit of the judgement debtor’s account has been
attached on account of Garnishee Order, the banker may transfer that much of amount to a
suspense account and the customer’s account may be permitted to be operated with the balance.
In case certain cheques drawn by the judgement debtor were certified as “good for payment” by
banker before the receipt of Garnishee Order by the bank, they can be paid insptie of subsequent
Garnishee Order.
(ii) Order applicable only against the debt due or accruing due : The banker is restrained by
the Garnishee Order only to make payment of such debts which have already become to the
customer or which are not at which at present payable but for the payment of which an
obligation exists. An amount which is not a debt due by the banker cannot be attached by sch an
order. For example, a banker has agreed to allow an overdraft of Tk.5,000/- to a customer, he
has overdrawn only Tk.3,000/- so far, remaining Tk.2,000/- cannot be attached by the Garnishee
Order.
(iii)Banker’s claim to Set Off : In case a banker has a definite claim against the debtor, it can
claim the set off of such claim against the customer’s balance with it in spite of the Garnishee
Order.
iv) Amounts not covered by the Garnishee Order : The Garnishee Order attaches only that
balance which is lying in the judgement debtor’s account at the time when the order is served on
the banker. It, therefore, does not apply to :
(a) cheques, bill of exchange etc. deposited with the banker for collection but not yet
collected.
(b) sale proceeds of securities etc. of the customer not yet collected.
(c) deposits made subsequent to the serving of the Garnishee Order.
(d) payments made by the banker before serving of the Garnishee Order.
(e) money held abroad by the judgement debtor.
(f) securities lying in safe custody with the banker.
v) Serving of Garnishee Order : Garnishee Order may be served on the Head Office of the
Bank and it will serve as a notice to all branches where the judgement debtor may have his
accounts. However, the Head Office will have to be given a reasonable time so as to enable it to
inform the branches. Any payment made by the branches before receipt of information regarding
Garnishee Order, will be taken as a valid payment.
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Illustration : (i) A owes a sum of Tk.3,000/- to B. A has a joint account with C with IFIC Bank
Ltd. The balance standing in the account cannot be attached for the above debt.
(ii) A and C jointly owe a sum of Tk.3,000/- to B. Each one of them has separate accounts with
IFIC Bank Ltd. Their individual accounts can be attached for the above debt.
02. Partnership Accounts : The personal account of a partner can be attached for payment of a
firm’s debt. But the firm’s account cannot be attached for the payment of a personal loan of a
partner.
03. Trust Accounts : The money lying in a trust account though opened in the trustee’s name
cannot be attached for payment of personal liabilities of the trustees. The bank in such an
eventuality should inform the court that the funds lying in the account are trust funds.
Escrow :
A bill, endorsed or delivered to a person subject to the understanding that it will be paid only if
certain conditions are fulfilled, is called an Escrow. In case of such a bill there is no liability
unless conditions agreed upon are fulfilled. However, the rights of a holder in due course will
not be affected at all.
Inchoate Instruments :
The term inchoate instruments means an incomplete instrument. According to section-20, “when
one person signs and delivers to another a paper stamped in accordance with the law relating to
negotiable instruments either wholly blank or having written thereon an incomplete negotiable
instrument he thereby gives prima facie authority to the holder thereof to make or complete, as
the case may be, upon it a negotiable instrument for any amount specified therein, and not
exceeding the amount covered by the stamp. The person so signing shall be liable upon such
instrument, in the capacity in which he signed the same, to any holder in due course for such
amount. Provided that no person other than a holder in due course shall recover from the person
delivering the instrument anything in excess the amount intended by him to be paid there-
under”.
Ambiguous Instruments :
An instrument, which in form or terms is such that it may either be treated as a bill of exchange
or as a promissory note, is an ambiguous instrument. In the following cases, the instrument is
taken as ambiguous ; (a) Where drawer and drawee are the same person.
(b) Where drawee is a fictitious person
(c) Where drawee is a person incapable of entering into a contract
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In addition to above, there are some authorities who can call for the returns and information
specially or generally. These authorities are :
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Spread :
Cost of fund and administrative cost deducted from the yield on fund is called spread. More, the
yield, more is the profit.
Yield on Fund :
Return on the invested fund. In case of the bank it is the interest received on loans and advances
and other interest. More, the yield, more is the profit.
Equity :
It is the share holders total interest in the company. Equity represents share holders capital plus
reserves.
Debt-Equity Ratio :
Share holders equity to total liabilities is called debt equity ratio.
Voucher :
Voucher is the evidence of the transaction authenticated by the authorised officer(s). This is a
documents of the bank for future reference.
Currency Note :
Such notes in Bangladesh include all notes and coins ranging from Tk.5 to Tk.500 notes issued
by Bangladesh Bank. Other notes are Tk.2, Tk.1 and coins and other coins issued by
Government of Bangladesh.
Bank Notes :
Banks notes are promissory notes issued by a bank and payable to bearer on demand. These
include all bills, draft, and notes other than Central Bank notes (DD, P.O. Cheque).
Call Money :
Money of overnight nature borrowed from the call money market repayable on call. Bank’s
having surplus cash lends temporarily to other bank’s suffering from liquidity problem in the
call money market.
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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. Section-4
Bill of Exchange :
A ‘Bill of Exchange’ is an instrument in writing containing an 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. Section-5
Cheque :
A ‘Cheque’ is a bill of exchange drawn on a specified banker and not expressed to be payable
otherwise than on demand. Section-6
01. Fine which may extend to thrice amount of the cheque (example cheque value
Tk.10/-
X 3 = Tk.30/-)
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03. The payee or the holder in due course of the cheque, as the case may be, makes a
demand for the payment of the said amount of money by giving a notice, in writing, to
the drawer of the cheque, within 30(thirty) days of the receipt of information by him
from the bank regarding the return of the cheque as unpaid, and
04. The drawer of such cheque fails to make the payment of the said amount of money to the
payee, or, as the case may be, to the holder in due course of the cheque within 30(thirty)
days of the receipt of the said notice.
Spread :
Difference between cost of funds and lending rate. More spreads bring more profits for a bank,
difference between dealers buying and selling or borrower and lending rate.
What is a Company :
The company is a legal person. It is created by law. All companies are legal person.
** Subsidiary company
** Govt. Company – Statutory company
Subsidiary Company : Whenever, one company forms another company and holds 51% share
in that company that is called subsidiary company.
Holding Company : A company which owns 51% shares in another company that is called
holding company.
How number of persons to establish a company :
Minimum Maximum
What is Contract :
An agreement enforceable by Law is a Contract.
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Kinds of Contract :
(01). Valid (02). Voidable (03) Void (04). Unenforceable (05). Illegal
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the conduct of the business of the company, as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any person liable to punishment
if he proves that the offence was committed without his knowledge, or that he had exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this act has
been committed by a company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to, any neglect on the part of any director, manager,
secretary or other officer of the company, such director, manager, secretary or other officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
(a) “company” means any body corporate and includes a firm or other
association of individuals; and
(b) “director” in relation to a firm, means a partner in the firm.
(a) no court shall take cognizance of any offence punishable under section 138
except upon a complaint, in writing, made by the payee or, as the case may be, the holder
in due course of the cheque ;
(b) such complaint is made within 1(one) month of the date on which the cause of
action arises under clause (c) of the proviso to section 138;
(c) no court inferior to that of a Metropolitan Magistrate or a Magistrate of the 1 st
class shall try and offence punishable under section 138.
In every transaction, there must be two parties or accounts to complete it. One party or accounts
receives the benefit and another party or account gives the same. The system of recording this
duel nature of transaction (both debit and credit aspects of every transaction in two different
account) is known as Double Entry System of Book Keeping.
A system of book-keeping where transaction is divided into debit and credit. Both of these is
recorded in the books of accounts. Each debit has a corresponding credit and vice-versa.
Impersonal Account :
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The performances of the scheduled banks in Bangladesh are now a-days evaluated by the
Central
Bank on the basis of Criteria called “CAMEL(S) Rating”. Bangladesh Bank has been using this
comprehensive rating system since 1997.
The word “CAMEL(S)” is the combination of the first letters of some important performance
indicators of a bank. These are as follows:
C = Capital Adequacy
A = Assets Quality
M = Management Soundness
E = Earnings
L = Liquidity
S = Sensitivity to market
Camel Rating :
01. Strong
02. Satisfactory
03. Fair
04. Marginal
05. Unsatisfactory.
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02. One of the Differences between an Investment Company and a Bank is that a Bank:
(A) Can accept deposit and also borrow money but an investment Company can accept
deposit but can not borrow money.
(B) Can accept deposit but can not borrow money whereas an Investment Company can
not accept deposit.
(C) Can accept deposit but an investment Company can not accept deposit.
03. IFIC Bank limited uses the word 'Limited' after its name because:
(A) Liability of the Bank to its depositors is limited to the extent of their amount
deposited.
(B) Liability of the shareholders of the Bank is limited to the extent of the face value
of the shares and writing of the word 'Limited' after its name is compulsory
under the Companies Act.
(C) Liability of all the Officers of the Bank is limited and defined by the Board of
Directors as per Companies Act
04. In Case of Safe custody of valuables, the Banker enters into a relationship with the
Customer. In this case the Banker is:
05. 'Shapla Traders', a Proprietary concern, approaches you to open a Savings account.
Will you open the account?
06. A publicity traded Company approaches you to open an account. Among other
documents, the following two documents are necessary to ascertain whether the
Company is legally created entity and is working:
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12. An authorized police officer from Anti-corruption Bureau approaches you for
production of Bank Document in connection with one of your customers. Can you
legally refuse to accede to his request?
(A) Yes, Bank is legally bound to maintain secrecy of the account of the account of
any customer, except to the court
(B) No, authorized Police Officer can ask for any bank document.
(C) Yes, because violation of secrecy clause as given in N.I. Act will constitute
negligence on the part of the Banker.
13. Secrecy of customers' accounts maintained with the bank is maintained because:
(A) It is a generally recognized relationship between banker and customer following
court cases.
(B) It is required under Bank Companies Act-1991.
(C) It is required under N.I. Act-1881.
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19. Before a Cheque is paid, the banker should ensure that all the endorsements are:
23. On receipt of notice of customer's insanity would you stop payment of a cheque?
24. In case of collection of cheques, the collecting banker gets statutory protection for only:
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26. In book-keeping, there are three kinds of accounts and they are:
28. You have incurred an expenditure worth Tk.50/- on account of entertainment but have
wrongly debited the account by Tk.500/-. To correct the mistake, the following entry is
required:
29. Share holders equity as shown in our bank's annual report is equivalent to:
30. Statutory reserve as shown under the head: Reserve fund and other reserves: in our
Bank's balance sheet is:
(A) A liability
(B) An asset
(C) Contra item
31. IFIC Bank limited has been incorporated as a banking company under:
32. The Country where there is no single Central Bank but federation of central banks
work as the central bank is:
(A) USSR
(B) UK
(C) USA
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35. A Joint Stock Company wants to open a savings bank account for placing their
provident fund, will you allow it?
(A) No, Joint Stock Companies are not allowed to open savings bank account under any
circumstances
(B) No, Joint Stock Companies are required to maintain current account only under
Companies Act.
(C) Yes, Joint Stock Companies can open savings bank account for non-trading
purpose
36. Where instructions are given by a customer to his banker that a part of his money lying
in his account be forwarded to another bank to meet a bill payable by him and the
banker sends the money as directed, the banker acts as:
(A) Trustee
(B) Agent
(C) Pledgee
38. A FDR is the names of husband and wife. Husband approaches you to incorporate his
brother's name in the FDR:
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39. Like Savings or Current accounts, Law of Limitation operates. In case of fixed deposits
from the date the demand is made for payment:
(A) True, because all deposits stand on the same footing so far as Law of
Limitations is concerned
(B) False, because in case of Fixed Deposits limitation would start running from the date
it, is due. Law of limitation starts from the date of demand.
(C) False, because fixed Deposits are not accounts, hence Law of Limitation is not
applicable
41. Should a Customer's cheque be honoured after receiving the death news in the daily
newspaper?
42. Where the banker pays cash before clearing of the cheque, he becomes:
(A) Holder in due course
(B) Trustee
(C) Holder for value
45. Is banker's action in returning and not collecting a cheque crossed to two banks legally
justified?
(A) No, because bank can collect a cheque crossed to two banks without any legal
problem
(B) Yes, unless the second banker is acting only as an agent of the first banker
(C) Yes, payment of a cheque crossed to two banks is legally barred by N.I. Act.
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(A) Can be countermanded since drafts and cheques are treated alike in case of crossing
47. One of the differences between promissory notes and cheques is:
(A) A promissory note contains a promise to pay and a cheque contains an order to
pay
(B) A promissory note is always payable to bearer and a cheque contains an order to pay
(C) A promissory note is always crossed and a cheque may be crossed or uncrossed
49. One of the two joint account holders dies. The account bears a mandate that it may be
operated by either of them. A cheque is presented after the death of one of them:
50. The action of a creditor banker in taking into account sums owing by him to the debtor
in order to arrive at the net sum is called:
52. " I promise to pay B Tk.5,000/- and all other sums which shall be due to him". Is it a
promissory note?
(A) Yes
(B) No
(C) Partly
54. " Pay to A (without 'or order' / 'or bearer')" cheque is payable to:
(A) A only
(B) (B) A or his order
(C) A or his agent only
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59. Asset and Liability sides of the balance sheet of IFIC Bank are equal:
60. In case of interest paid on deposits in cash book-keeping entries will be:
63. IFIC Bank Limited topped the list of 500 leading Banks in Asia in respect of:
(A) Highest Equity Return
(B) Highest Deposits
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65. Demand Draft issued by one Branch of a Bank on its another Branch is :
(A) A Negotiable Instrument
(B) Not a Negotiable Instrument
67. A collecting Banker gets protection for collection of cheques under Section 131 of the
N.I. Act if the collecting Banker can satisfy the following conditions:
A) The cheque is CROSSED, collected for a CUSTOMER, in GOOD FAITH &
WITHOUT NEGLIGENCE
(B) The cheque is CROSSED, collected for a STRANGER & in GOOD FAITH
68. Where a cheque is crossed specially to more than one Banker except when crossed to
an Agent for collection:
A) The Banker on whom the cheque is drawn shall make payment
(B) The Banker on whom the cheque is drawn shall refuse payment
69. A valuable customer of your branch who maintain average balance of Tk. 50.00 Lacs in
his account requests you over Trunk-call for Telegraphic Transfer of Tk. 8.00 Lacs by
debiting his account to a third party:
(A) You will make the Telegraphic Transfer
(B) You will not comply with the instruction
(A) You will make payment to the presenter over the counter without any question
(B) You will make payment upon identification of the payee
73. Negotiable instruments payable to bearer is negotiated by delivery of the Instrument and
negotiable Instruments payable to order is negotiated by endorsement and delivery
(A) Yes
(B) No
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74. Payment of a Cheque in DUE COURSE discharges the liability of the paying banker:
(A) No
(B) Yes
75. A Cheque crossed “Not Negotiable” does not restrict negotiability of the Cheque but when a
Cheque is crossed “Account Payee only” it shall cease to be Negotiable:
(A) Yes
(B) No
76. A Cheque is not invalid only that it is Anti-Dated or Post-Dated provided that the Anti-
Dating or Post-Dating does not involve any illegal or fraudulent purpose or transaction
(A) Yes
(B) No
77. In case of Negotiable Instrument where amount is stated differently in figures and in words:
78. UNCLEARED EFFECTS against which no drawing has been allowed to the Customer can
be attached under the "Garnishee Order" :
(A) No
(B) Yes
79. A & B maintain a Joint account at your Branch. By Mandate each is authorized to operate
the account Singly. Both of them in dispute and each of them instructed the Bank not to honour
the Signature of the other. In such a situation:
(A) You will allow operation because by mandate each of them is authorized to operate
the account singly.
(B You will stop operation pending settlement of the dispute and receipt of the fresh
instruction signed by both of them on settlement of the dispute.
80. A Cheque is always payable on Demand / presentment but a Promissory Note or a Bill of
Exchange may be payable at sight / presentment or at a determinable future date:
(A) Yes
(B) No
81. IFIC Bank Limited follows the "Double Entry System" in maintaining its Books of
Accounts:
(A) Yes
(B) No
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82. To effect the payment for expenditure or refund of any amount on amount on behalf of the
Bank generally IFIC Bank Ltd., uses the following instruments:
83. Inter Branch Transactions are settled through the IFIC General Account and as such:
(A) Inter Branch Transactions must be reconciled at the earliest to avoid complications
and risks
(B) Inter Branch Transactions need not be reconciled because records of the transactions are
already maintained by the Branches
84. Balance sheet is a Statement of Assets and Liabilities and in the Balance Sheet:
(A) Net Profit (after tax) is shown on the asset Side and Net Loss on the Liability Side
(B) Net Profit (after tax) is shown on the Liability Side and Net Loss on the Asset Side
85. General Ledger is the main Book of account of the Bank in watch:
(A) Profit
(B) Provisions
88. A Banking Company requires a license from the Central Bank to do Banking under:
90. Before becoming a Commercial Bank in 1983, IFIC was a company registered with
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A. Oman
B. UAE
92. IFIC Bank has a sound equity base and is maintaining provision in excess of prescribed
requirements
A. True
B. False
C. Partly True
A. 62
B. 49
C. 48
A. 7 %
B. 6 %
C. 5 %
96. Out of 65 Branches of IFIC Bank Ltd. The numbers of Branches dealing in Foreign
Exchange as AD are:
A. 17
B. 19
C. 19
D. 22
A. FDR
B. Bill of Exchange
C. Demand Draft
A. & CO
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100. A paying Banker gets legal protection under sec. 129 of Negotiable Instruments Act, 1881
if:
A. Drawee
B. Drawer
C. Beneficiary
102. A Person has come to the bank to open a savings bank a/c for deposit of taka 50,000/- but
he has no one to introduce. What would you do-
104. An account holder requests you over telephone to stop payment of a cheque already issued
by him. What will you do if the cheque is presented:
106. X and Y are Joint a/c holders under a mandate to operate the a/c singly by both of them.
Because of dispute among them, 'X' instructed the bank not to honour cheque issued by 'Y' on
the joint a/c. What will you do-
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107. When a Locker is given to a customer on hire, what relationship is established between the
banker and the customer?
109. Bank account are treated as dormant and transferred to dormant a/c ledger if there is no
transaction in the a/c's for
(A) 3 years
(B) 5 years
(C) 1 year
110. A DD issued to a purchaser was lost and he has requested for a duplicate. What will you
do-
111. A Public Limited company wants to open a current a/c with your branch. Which documents
you require with the application from:
(A) Certificate copies of Memorandum and Articles of Association and Certificate of
Incorporation
(B) Documents mentioned at 'A' and certificate of commencement of business
(C) Documents mentioned at 'B' and resolution of the Board with list of Directors
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