Banking Diploma Examination 2014
01)
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Basic Knowledge in General Banking |
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i)
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a)
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Banker-Customer Relationship |
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Relationship between Banks and
Customer starts with the opening of account by the customer with the Bank
which in other wards is a legal relationship by establishing contract under
contract Act.1872. The customer must have legal status to give offer for
opening an account which is to be supported by consideration i.e. initial
deposit and the offer for opening account is to be accepted by the Banker
with some conditions written down in the account opening form. Some
conditions remain implied conditions of the contract since these are
beneficial both for the Banker and customer.
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b)
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Customer has got some legal rights
over the Banker:
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Rights of a Customer
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Duties & Obligations of a Banker
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I) Right to deposit money in his
Account on time.
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(I) Must credit the deposited amount
to the customer Account.
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II) Right to demand repayment by
issuing cheque or written order properly in proper time & place.
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(II) Must honour cheque if otherwise
in order as it is the statutory obligation.
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III) Right to get pass Book/
Statement of Account.
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(III) Must supply pass Book/
Statement of account as demanded.
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IV) Rigt to stop payment of his
cheque.
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(IV) Must abide by the stop payment
order.
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V) Right to give standing
instruction.
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(V) Must abide by the instruction.
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VI) Right to claim Profit of his
deposit balance in the profit bearing account.
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(VI) Must pay/credit profit as per
rule.
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VII) Right to have secrecy of his
account.
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(VII) Must maintain secrecy of
customer account.
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c)
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Banker has got some legal
obligations towards his customer:
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Banker’s right
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Customer’s duties & obligation
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I) Right to return deposit if not in
proper manner & time.
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(I) Must deposit the amount properly
and in time.
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II) Right to return the cheque if
not drawn properly or in time or for some other lawful reason.
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(II) Must demand payment by issuing
cheque or written order properly.
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III) Right to debit customer’s
account for any charges, profit & commission if recoverable.
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(III) Must pay the Banker’s charges,
profit & commission if payable.
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IV) Right of lien, Right of set off
ect.
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(IV) Must abide by the laws.
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ii)
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Legal aspects of opening and
operation of different Types of Customer’s Account:
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***
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Contract is the basis of
establishing legal relationship between banker and customer. So Banker before
opening any account must be careful about the legal status of the customer
who are completed to establish contract as per contract Act. The prospective
customer is first of all asked to sign an application form prescribed for
that purpose after furnishing all particulars. They also very with classes of
customers and for kind of deposits. These application forms which are documents
treated for establishing contract contain the rules and regulations of the
Bank account operating along with terms and conditions of the deposits etc.
The Bank is using of AOF.
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Some of the Important
points/conditions of the application forms and requirements for opening
accounts are:
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a)
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Title of
the Accounts
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b)
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Operational
instruction i.e. Mandate
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c)
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Special
instruction if any for operation.
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d)
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Name,
Father’s name, Mother’s name, present and permanent address, profession etc.
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e)
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Specimen
Signature
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f)
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Introduction
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g)
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Initial
Deposit
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h)
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Nominee
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i)
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Acceptance
terms and conditions
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j)
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KYC
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k)
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Transaction
Profile.
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l)
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Instruction
for CTR and STR.
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***
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KYC “Know Your Customer”:
At the time of opening of new
accounts, it is always advisable to have an interview with the prospective
customer so as to obviate the chances of any fraud at a later stage.
In keeping with the worldwide
anti-money laundering drive Bangladesh Bank has laid down special emphasis on
“Know Your Customer” or simply KYC. It has asked the Banks that the
customer’s correct identify shall have to be carefully collected in respect
of each transaction. In applicable cases in this regard, importance may be
given on personal interview with the customer. In order to ensure full
satisfaction in respect of establishing correct identification profile of the
customer, additional relevant information shall have to be collected.
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***
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Information to be collected and
preserved in relation to KYC:
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a)
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Name of
the customer
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b)
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Father’s/Husband’s
name of the customer.
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c)
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Mother’s
name of the customer.
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d)
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Present
& permanent address with Telephone & Mobile No.
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e)
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ID Card
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f)
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Passport
size photograph
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g)
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Profession
of the customer
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h)
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If the
profession is business then the nature of business to be stated.
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i)
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Will have
to mail thanks letter to the customer in his/her present and permanent
address along with acknowledgement receipt and will have to collect and preserve
the same.
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j)
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Address
and identify of the person who have identified the customer will have to be
preserved.
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k)
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Picture of
the Nominee
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l)
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Valid
Trade License
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m)
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Valid
Passport.
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n)
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TIN
Certificate
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o)
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For
Registered partnership firm registered partnership deed will have to be
collected and preserved.
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p)
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For
opening of accounts in the name of Club, Society etc; the copy of resolution
of the Executive Committee, Bye Laws will have to be received and preserved.
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q)
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Incase of
limited Company:-Certificate of Incorporation, Memorandum & Articles of
Association and Certificate of Commencement in case of Public Ltd. Company
and also Board Resolution will have to be received an preserved.
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***
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Information/particulars relating to
account transaction Profile:
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a)
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Sources of Fund/Income
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b)
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Amount of Deposit/Transaction (in
every month/every three months Deposit).
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c)
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After how many days (Frequency)
money is being deposited in the account (How many times in a month).
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d)
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In case the fund is deposited by the
Individuals other than the account holder, the information about them be
collected and preserved.
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e)
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Whether money remitted from abroad
are deposited or not, if so information/declaration about those remittance
must be collected and preserved.
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***
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State the procedure for opening
accounts of Clubs and Societies:
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Procedure for opening accounts of
Clubs and Societies are follows:
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a)
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Before opening an account in the
name of Clubs or other such societies the Banker must verify that a
resolutions was passed by the Managing Committee appointing the Bank
concerned as the Banker of the question. Also information regarding the name
of persons set incharge of operating the account be noted.
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b)
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In case of borrowing by the Club,
the banker should consult their charter or Memorandum of the Club to fine out
whether it has the power to borrow and if “yes” whether there are any
limitation in exercise of such a power.
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c)
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In case of death or resignation of
the person incharge of operating the account, the banker should stop
operations on the account till another person is nominated by the Club.
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d)
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The Banker should exercise due care
to see that proper inquiries are effected in case it is suspected that the
money of the Club has been transferred to the personal account of the person
incharge of the operation.
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***
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Show the procedure for opening
accounts of Trustee:
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According to the Trust Act. of 1882,
a trust is a obligation annexed to the ownership of properly 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. The
person who reposes the confidence is called the settlor or author of the
Trust and the person in whom this confidence is reposed is called the
Trustee. The person for shoes benefit the trust is formed is called the
beneficiary. A Trust is usually formed by means of a document called the
Trust deed.
Where an account is opened in the
name of person as a trustee, the banker has a duty to the real owner to see
that no trust funds are fraudulently transferred by the trustee to his
personal accounts. Besides, a banker
should take the following precautions in opening an account of a trustee.
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a)
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The Banker should thoroughly examine
the trust deed appointing the applicants as trustees, so as to as certain
their powers and functions.
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b)
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In case of two or more trustees,
clear instructions as to the person/persons who shall operate the account
must be sought. In the absence of such instruction, the trustees are
honoured.
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c)
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While granting loans to trustees,
the Banker should thoroughly examine their borrowing powers as per the trust
deed. Where Mortgage or pledge is created, provision in this regard should
again be inspected in the trust-deed, because without such a provision on the
trust deed trustees are not allowed to pledge or mortgage the trust
properties.
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iii)
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Banking Laws: Contract Act. 1872
(Guarantee and Indemnity).
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***
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Guarantee:
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Defn: The contract of Guarantee has been
defined under section 126 of the contract Act which reads:
A contract of Guarantee is a
contract to perform the promise or discharge the liability of a third person
in case of his default.
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***
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Kinds of Guarantee: A Guarantee may be either:
a) Specific
Guarantee
b)
Continuing Guarantee
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a)
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Specific Guarantee: Specific guarantee
is given in respect of a single transaction or promise undertaken by the
principal debtor, It comes to an end when the specific promise or transaction
is fulfilled or undertaken.
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b)
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Continuing Guarantee: When a
Guarantee is given in respect of a series of promises or transactions. It is
called a continuing guarantee. It is not confirmed to single transaction.
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***
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Different Types of Guarantee:
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a)
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Financial Guarantee (Bid Bond):
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Under a financial Guarantee the Bank
undertakes to discharge the financial liability of the third party in case of
default. These are usually given on behalf of Contractors in lieu of earnest
money. Financial Guarantees in relation to tenders are called Bid Bonds. Bank
undertakes to pay as demand the guaranteed amount if the Tenders has failed
to enter into contract despite success in the Bid/Tender.
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b)
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Performance Guarantee:
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Guarantees, which are extended in
consideration of specific performance of contract are called performance
Guarantee. These are given to Government Departments or Public Bodies on
behalf of contractors undertaking the payment of guaranteed amount in the
event of non-fulfillment of contracts such as completing Tumkey projects,
Clearing of goods at port, Sale of goods within the Country etc. provided.
The Guarantee in question is involved according to terms and conditions
agreed upon before the date specified in the Guarantee.
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c)
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Advance payment Guarantee (APG)
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After awarding any work order to any
Contractor by work order giving agency, the contractor has to start the work,
just to start work smoothly, work order giving agency provides some portion
of fund to the contractor as advance payment. For that advance payment, work
order giving agency requires a guarantee from any Bank so that the contractor
does not breach or misappropriation of fund.
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d)
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Customs Guarantee:
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This guarantee is issued infavour of
customs authority on account of customs duties or excise duties on Imported
goods and machinery or export commodities on behalf clients. Our Bank retains
100& margin against customs guarantee.
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e)
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Container delivery guarantee:
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Bank issues guarantee infavour of
shipping agents in case of delivery of the containers (with cargo) for un
stuffing (from port to Importers factory premises or offices) and to return
the container as imply without any damage to the container yard of the
shipping agent. Beneficiary may encase
the same in case of damage or non-return of the container.
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f)
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Shipping guarantee:
Bank issues guarantee infavour of
shipping companies for release of goods in the absence of shipping documents,
in case goods arrive before receipt of such documents by the Bank and are
incurring demurrage of original shipping documents have been lost after retirement
from Bank. These guarantees are limited to bill amount or letter of credit
value and for period till receipt of original bill of lading. The guarantee
is actually signed by the Importer infavour of shipping company and counter
signed by the Banker.
Normally, full value of Invoice or
letter of credit must be retaimed as margin
for issue of guarantee. Alternatively, the goods may be cleared by
Bank and kept in its custody. As soon as the original shipping documents are
received these shall be sent to clearing agents to facilities return of
original guarantee.
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***
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Indemnity:
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Defn:
A contract of Indemnity is defined under section 124.
A contract by which is 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.
If the
consignee of goods sent by rail has lost railways receipt, he may take
delivery of the goods from the railway authority by furnishing an indemnity
bond. He promises to reimburse the railways any loss that may be caused to it
by giving delivery of the goods without the receipt.
Contract
of General Insurance, i.e. fire and marine Insurance are contracts of
indemnity. The insurance Company promises to reimburse the losses caused to
the insured by the conduct of any third party.
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***
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Banks and letter of Indemnity:
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Bankers may obtain letter of
indemnity in the following situation:
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a)
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Loss of Term deposit Receipt:
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The Bank is not entitled to withhold
payment of the money if a deposit receipt is lost or destroyed by the
depositor, in that case the depositor is asked to sign a letter of indemnity
duly stamped when the payment is made or duplicate instrument is issued.
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b)
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Issuance of Duplicate Demand Draft:
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In case of issuing of Duplicate
demand draft in lieu of original reported lost, the Banker should immediately
notify the Office on which the draft is drawn and enquire whether it has been
paid or outstanding. A stamped letter of indemnity should be taken on receipt
of non-payment advice from the drawee Branch duly signed by the purchaser.
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c)
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Loss of Travelers Cheque:
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In case the purchaser of a travelers
cheques claims refund of the value of the cheqe reported lost, the request
should be entertained by the selling Branch of the Bank only when the cheque
had not been endorsed before it was lost and a letter of indemnity is
obtained from the purchaser. The letter contains special stipulation that the
cheque was unendorsed at the time of lost.
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d)
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Loss of safe Custody receipt:
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In case of a customer loss a safe
custody receipt he has to gibe a stamped indemnity letter before he is giving
delivery of a Duplicate receipt of Articles kept with the Bank for safe
custody.
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***
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Distinction between a Contract of
Guarantee and a Contract of Indemnity:
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Sl, No.
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Contract of Guarantee
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Contract of Indemnity
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01
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Name of Party
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In case of Guarantee there are three
parties viz-the principal debtor, the creditor and surely. A contract of the
guarantee requires the concurrence of the three parties.
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In case of Indemnity there are only
two parties viz Indemnified and Indemnifier.
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02
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Number of contracts
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In case of Guarantee there are two
contracts. One between the principal debtor and the creditor and second
between the surety and the creditor.
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On the other hand, in a contract of
Indemnity, there is only one contract between the beneficiary.
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03
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Request
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In a contract of Guarantee the
Guarantor undertakes his obligation at the request, express or Implied of the
principal debtor.
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No such request is necessary in
request an indemnity.
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04
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Nature of liability
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In a contract of Guarantee the
liability of the principal debtor is primary and that of surely is secondary.
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The person giving an Indemnity is primary
and Independently liable.
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05
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Purpose of contract
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A contract of guarantee is to
provide necessary security to the creditor against the loan.
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A contract of Indemnity is made for
reimbursement of loss.
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06
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Right of parties
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The surety has the right to recover
from the principal debtor the amount paid by him under the contract of
guarantee.
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The Indemnifier can not claim
reimbursement from any body else.
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07
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Nature of Risk
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The surety agrees to discharge the
existing liability of the principal debtor. So it is a subsisting Risk.
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The Indemnifier promise to save the
indemnified against Risk of loss happening in future, So it contingent Risk.
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iv)
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N.I. Act. 1881:
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a)
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Cheque: As per section 6 of N.I. Act. 1881
A cheque is an unconditional written
order, bearing date, to the Banker from the drawer, where maintaining his
account, to pay on demand, a certain specified sun of money, expressed in
both figures and words, to a named person, his order or bearer.
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b)
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What is crossing of cheques ?
Discuss the Types of crossing.
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Crossing Cheques: Crossing is an Instruction given to
the paying banker to pay the amount of the cheque through a banker only and
not directly to the person presenting it at the counter, A cheque bearing
such an instruction is called a Crossed Cheques.
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Crossing on Cheques are of two
types:
i)
General
Crossing Cheques
ii)
Special
Crossing Cheques.
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(i) General Crossing Cheques: Section
123 of the negotiable instrument Act.1881 defines a general crossing as follows:-
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“Where a cheque bears across its
face an addition of the words & company or any abbreviation thereof,
between two parallel transverse lines , or two parallel transverse lines
simply either with or without the words,
‘Not negotiable’ that addition shall be deemed a crossing and the
cheques shall be deemed to be crossed generally.
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(ii) Special crossing cheques:
Section 124 of the negotiable instrument Act.1881 defines a special crossing
as follows:
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Where a cheque bears across
the face an addition of the name of a Banker with or without the word ‘Not
negotiable’ that addition shall be deemed to be crossing and the cheque shall
be deemed to be crossed specially and to be crossed to that banker.
A special crossing warns a paying
banker that the amount should be paid only to the banker whose name is
mentioned in the crossing. It is not necessary that there should be two
parallel transverse lines in the case of a specially thus becomes more safe
than the generally crossed cheque. The Bankers to whom a cheque is specially
crossed may appoint another banker as his agent for the collection of such
cheques.
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Contd/P-11
Page-11
c)
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Endorsement:
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When the maker or holder of a
negotiable instrument signs the same, otherwise than as such maker, for the
purpose of negotiation, on the back or face there of or on a slip of paper
annexed thereto, or so signs for the same purpose a stamped paper intended to
be completed as a negotiable instrument, he is said to endorse the same and
is called the endorser.
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d)
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Material Alteration:
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It means the alteration of Important
parts of negotiable instruments i.e. Promissory Note, Bill of Exchange and
Cheque. The material parts which include date, the sum payable, the time of
payment and the place of payment etc.
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(i) Promissory Note: A
promissory Note is an instrument in writing (Not being a Bank Note or a
Currency Note) containing an unconditional undertaking, signed by the maker,
to pay on demand or at a fixed or determinable future time a certain sum of
money only to, or to the order of, certain person, or to the bearer of the
instrument.
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(ii) 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 on demand or at a
fixed determinable future time a certain sun of money only to or to the order
of a certain person or to the bearer of the instrument.
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g)
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Payment in due Course:
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Payment in due course means payment
in accordance with the apparent tenor of the instrument in good faith and
without negligence to any person in possession thereof under circumstances
which do not afford a reasonable ground for believing that he is not entitled
to receive payment of the amount therein mentioned.
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h)
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Holder in due course:
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Holder in due course means any
person who for consideration becomes the possessor of a promissory Note, bill
of Exchange or cheque if payable to bearer or the payee or endorsee thereof,
if payable to order, before ot became overdue, without notice that the title
of the person from whom he derived his own title was defective.
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Contd/P-12
Page-12
vii)
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Principal of accepting Deposit and
deposit products under Islamic framework:
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a)
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Al-Wadiaj Current Deposit:
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Al-Wadiah means Amanat, Al-Wadiah
principal implied that the bank receives funds with undertaking to refund the
deposit on demand and also with authorization from the depositors to use the
funds for benefit of and at the Risk of the Bank. Islamic Bank’s Current
Account Deposits are managed on this principal. By opening such account, a
depositor does not acquire any Management (voting) right on the Bank or on
the funds deposited. Al-Wadiah Account holders are provided with a cheque
Book for withdrawing any amount at any time retaining a minimum balance in
the account.
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b)
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Mudaraba Saving Account:
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Mudaraba Savings Account of Islamic
Banks is conducted under Mudaraba principles of Islamic Shariah under this
principal, the account holders i.e. Depositors are called Shahib A,-Mal and
Bank is Mudarib.
The Bank will manage and deploy the
fund without any intervention of the Depositors. The profit earned by the
bank by deploying such deposits is shared by the bank and the depositors as
per agreed ratio say bank 35% and the depositors 65% or like this. If any
loss is incurred, it is to be borne by the depositors as per Shariah. This
account may be opened in sigle or joint name of any organization. The
depositors are generally allowed to deposit several times are they require
but in case of withdrawal of money there is some restriction as per rules and
practices of the concerned Bank.
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c)
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Mudrabaha Term Deposit Account:
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Like Mudaraba Savings Account,
Mudaraba Term Deposit Account is also conducted under Mudaraba Principles of
Islamic Shariah. Generally, deposit is accepted in different from 03 months
to 36 months. While allocating profit, higher rate of profit is given to this
account. No withdrawal facility is allowed here. However, the depositor may
enjoy premature encashment facility on he can avail quard against lien of his
account as per norms of the Bank.
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d)
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Mudaraba Special Notice Deposit
Account:
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The account is also operated under
Mudaraba Principles. The very special character of this account is seven days
prior notice for any withdrawal.
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e)
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Mudaraba Hajj Savings Account:
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Hajj is one of the basic pillars of
Islam. Islamic Bank are accepted deposits on Installment basis or in
piecemeal from the intending pilgrims under Mudaraba principles.
Considering the religious aspects of
this account and to inspire the Individual to perform Hajj, a better rate of
profit comparing to other Mudaraba Account is given to this Hajj Account. The
aim of this deposit is only to perform Hajj. The different terms from 01(one)
to 25 years as per his capacity and age.
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f)
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Mudaraba Special Savings (pension)
Account:
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This is an alternative deposit
scheme of Islamic Banks. It is governed by Mudaraba principles also. All
categories of people particularly the small income group can able to make
savings of monthly Installment basis at a very higher rate. Generally, the
terms is for 5 to 10 years and size of Installment is minimum Tk.100/- to
maximum Tk.20,000/-
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g)
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Mudaraba Monthly Profit Deposit
Account.
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For the benefit of the retired
service holder and wage earners residing abroad who want to help their
dependants/relatives by contributing a certain amount of money on monthly
basis from the profit of their one-time deposit, Islamic Banks, Particularly
SIBL has introduced this Mudaraba Monthly Profit Deposit Scheme in accordance
with the Mudaraba principles of Islamic Shariah. Any Individual may open
account under this scheme by depositing a minimum amount say 1.00 lac and
multiples thereof at a time for a specified term. Monthly provisional profit,
subject to adjustment after declaration of final rate of profit, is given to
the account just after completion of 30 days from the date of opening of the
account.
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h)
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Mudaraba Cash Waqf Deposit Account:
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Social Islami Bank Ltd. Has
introduced a new deposit scheme/product in the name of Mudaraba Cash Waqf
Deposit account through which fund is pooled for the purpose of Waqf by the
well-off and the Rich people of the society. The income to be generated there
from may be spent for different benevolent purposes. It can work as
supplement of the financing of various Social Investment project. Under this
scheme one may undertake cash waqf at a time or may start with a minimum deposit
as per norms of the Bank and the subsequent shall be made by Installment of a
certain amount or in multiple of this amount. Higher profit is given to this
account. Profit from this account is utilized for social and human welfare as
per instruction of the account holders.
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i)
|
Mudaraba Muhorana Savings Account |
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Muhor even it is very small, is
compulsory to pay to the wife by his husband as per Shariah. But some
husbands are reluctant to pay Muhor to their wives due to inability.
Considering this and to product the rights of the women ensured by Islam,
Islamic Banks has introduced ‘Mudaraba Muhar Savings Schem giving higher
weightage of profit to encourage the husbands to save by monthly Installments
according to their capacity for building up sufficient fund in order to meet
the obligation of Muhor to their wives. The scheme has different terms, say
5-10 years. Accounts under this scheme may be opened for monthly deposit of
different amount, say Tk.500/- to 5,000/- and like this.
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ix)
|
Liquidity Management including CRR
& SLR
|
||
Liquidity Management
|
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Liquidity is the ability to raise
funds easily by selling assets. It is measure of how easily an asset can be
turned into cash. Generally, liquid assets are measured by deducting the
value of inventory from current assets. An increase in cash assets enhances
liquidity and reduces liquidity risk, which in turn affects the level of
profitability. There fore, liquidity Management involves a trade-off between
risk and return. It involves forecasting a company’s cash needs and providing
for these needs in the most cost-effective way. In a nutshell, liquidity
Management is the Management of Risk and return of Investment, For Bank’s
liquidity Management involves the estimation of the demand for funds by the public and provision of sufficient
reserve to meet these needs.
|
|||
Bank Company Act 1991 provides the
provision for maintenance of liquid assets for each Bank in two ways:
|
|||
a)
|
Cash Reserve Ratio (CRR)-Section 25:
|
||
As a prudential policy the central
bank requires the bank to maintain a certain percentage of its deposits as
such reserve under what it calls Cash Reserve requirement (CRR). Every
deposit money Bank is required to place on deposit with the central Bank a
prescribed percentage of the Bank’s deposits in Bangladesh, the current ratio
is 5% of total demand and time liabilities. Bank should maintain CRR @5%
daily on bi-weekly average basis, which should is no way be less than 4% in
any day. By varying this reserve, the central bank can either broader the
monetary base or sterilize part of the commercial bank’s money creating
powers
|
b)
|
Statutory Liquidity Reserve
(SLR)-Section-33:
|
||
Every deposit money Bank is required
to, deposit a prescribed percentage of eligible securities with the central
Bank. This requirement is in addition to the cash reserve ratio in
Bangladesh, the SLR is 18% CRR. By varying this reserve the central bank can
adjusts the capacity of the Bank to expand their lending operation.
CRR:CRR is the portion of deposits
and other liabilities which is to be held in the central bank or in a
commercial bank against of the Bangladesh Bank or in FC Account with
Bangladesh Bank.
SLR:SLR is the portion of the
depositors and liabilities which is to be held in the form of near cash
assets, cash and FC account with Central bank.
|
|||
***
|
Failing to maintain CRR:
|
||
Failure to maintain the appropriate
reserve balance may result in the Bank paying penal interest at the increased
rate of 5% above the normal Bank rate. In addition the Bangladesh Bank may
prohibit the Bank from receiving any new deposits, violations of this nature
could result in penalties in the amount of Tk.5,000/- per day for each day
the Bank is an default.
|
|||
***
|
Failing to maintain SLR:
|
||
In the event a Bank fails to meet
its reserve requirements, the bank must borrow the funds from the Bangladesh
Bank at the maximum rate of interest charged to cover the shortfall amount.
Thus from the above discussion it is
clear to see that the day to day Management of the money position requirement
of a deposit Bank is highly influenced by the CRR and SLR which are
determined by the Bangladesh Bank. The Bangladesh Bank can change these
ratios from time to time. Hence, the day to day Management of the money
position of deposit Banks may also be changed.
|
***
|
Rational of Fixing 10% SLR for the
Islamic Bank.
|
||
Islamic Banks have been allowed to
maintain their Statutory Liquidity Requirement (SLR) at 10% of their total
deposit liabilities while it is presently fixed at 16% for the conventional
banks. This discriminating provision had facilitated the Islamic Banks to
hold more liquid funds for more Investment and thereby generate more profit.
However, this discrimination is allowed because of the lack of central bank
or Government Islamic Investment Bond (Islamic Bond) in October’2004, this
discriminating provision may be waived. This Shariah based financial
Investment is being used by the Islamic Banks as an approved security for the
purpose of maintaining the SLR as well as providing an outlet for Investment
or procurement of funds from central bank. This Bond is also open for
Investment by the private individuals Companies or Corporations.
|
|||
x)
|
What is Basel II ?
|
||
***
|
Basel II : Basel II is recommendatory framework
for Banking supervision, issued by the Basel Committee on Banking supervision
in June’204. The objective of Basel II is to bring about International
convergence of capital measurement and standards in the Banking system.
Financial Innovations and growing complexity of financial transaction have
necessitated review of the original framework for capital requirement by
banks.
The revised framework of Basel II
captures whole lot of risks, not fully captured by Basel I framework. It
provides for broader range of approaches of measuring risk. The Basel
Committee emphasizes that the objectives of safety and soundness cannot be
achieved solely through capital adequacy requirements and hence the capital
Accord II comprises sophisticated approach consisting three Pillars
approaches namely:
I)
Minimum
Capital requirement
II)
Supervisory
Review of Capital Adequacy
III)
Market
Discipline /Public Disclosures.
|
||
***
|
Objectives of Basel II :
|
||
# To keep sufficient Capital for financial
Institutions
# To minimize Risk in operation
# To Earn Decent Profit without
Capital erosion.
|
Contd/P-18
Page-18
***
|
The Components of the three Pillars
are presented below:
|
|||||
Pillars-I: Minimum Capital Requirement |
||||||
A)
|
Capital for Credit Risk
|
|||||
a)
|
Standardized Approach
|
|||||
b)
|
Internal Rating Based (IRB)
Approaches
|
|||||
i)
|
Foundation Approach
|
|||||
ii)
|
Advanced Approach
|
|||||
B)
|
Capital for Market Risk
|
|||||
a)
|
Standardized Method
|
|||||
i)
|
Maturity Method
|
|||||
ii)
|
Duration Method
|
|||||
b)
|
Internal Models Method
|
|||||
C)
|
Capital for operational Risk
|
|||||
a)
|
Basic Indicator Approach (BIA)
|
|||||
b)
|
Standardized Approach
|
|||||
c)
|
Advanced Measurement Approach
|
|||||
Pillars II: Supervisory Review of
Capital Adequacy:
|
||||||
a)
|
Evaluate Risk Assessment
|
|||||
b)
|
Ensure soundness and integrity of
Bank’s internal process to assess the adequacy of capital.
|
|||||
c)
|
Ensure maintenance of minimum
capital with PCA for shortfall.
|
|||||
d)
|
Prescribe differential capital,
where necessary i.e. where the Internal processes are slack.
|
|||||
Pillar III : Market
Discipline/Public:
|
||||||
a)
|
Enhance disclosure
|
|||||
b)
|
Core disclosures and supplementary
disclosures.
|
|||||
c)
|
Timely at least semiannual
disclosure.
|
Contd/P-19
Page-19
***
|
Describe the three Pillars of Basel
II.
|
||
Pillars-I: Minimum Capital
Requirement:
|
|||
The first pillar deals with maintenance of regulatory
capital calculated for three major components of risk that a bank faces: credit risk,
operational risk, and market risk.
Other risks are not considered fully quantifiable at this stage.
The credit risk component can be calculated in three
different ways of varying degree of sophistication, namely standardized approach, Foundation IRB,
Advanced IRB
and General IB2 Restriction. IRB stands for "Internal Rating-Based
Approach".
For operational risk,
there are three different approaches – basic indicator approach or BIA, standardized approach or
STA, and the internal measurement approach (an advanced form of which is the advanced measurement approach or AMA).
For market risk the preferred approach is VaR (value at risk).
As the Basel II recommendations are phased in by the
banking industry it will move from standardised requirements to more refined
and specific requirements that have been developed for each risk category by
each individual bank. The upside for banks that do develop their own bespoke
risk measurement systems is that they will be rewarded with potentially lower
risk capital requirements. In the future there will be closer links between
the concepts of economic and regulatory capital.
|
|||
Pillars II: Supervisory Review of
Capital Adequacy:
|
|||
This is a regulatory response to the first pillar,
giving regulators better 'tools' over those previously
available. It also provides a framework for dealing with systemic risk,
pension risk, concentration risk, strategic risk, reputational risk, liquidity risk
and legal risk,
which the accord combines under the title of residual risk. Banks can review
their risk management system.
It is the Internal Capital Adequacy Assessment Process (ICAAP) that is
the result of Pillar II of Basel II accords.
|
Contd/P-20
Page-20
Pillar III : Market
Discipline/Public:
|
|||
This pillar aims to complement the minimum capital
requirements and supervisory review process by developing a set of disclosure
requirements which will allow the market participants to gauge the capital
adequacy of an institution.
Market discipline supplements regulation as sharing
of information facilitates assessment of the bank by others, including
investors, analysts, customers, other banks, and rating agencies, which leads
to good corporate governance. The aim of Pillar 3 is to allow market
discipline to operate by requiring institutions to disclose details on the
scope of application, capital, risk exposures, risk assessment processes, and
the capital adequacy of the institution. It must be consistent with how the
senior management, including the board, assess and manage the risks of the
institution.
When market participants have a sufficient
understanding of a bank's activities and the controls it has in place to
manage its exposures, they are better able to distinguish between banking
organizations so that they can reward those that manage their risks prudently
and penalize those that do not.
These disclosures are required to be made at least
twice a year, except qualitative disclosures providing a summary of the
general risk management objectives and policies which can be made annually.
Institutions are also required to create a formal policy on what will be
disclosed and controls around them along with the validation and frequency of
these disclosures. In general, the disclosures under Pillar 3 apply to the
top consolidated level of the banking group to which the Basel II framework
applies.
|