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21 October, 2021

Collecting Bank

 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.

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.

 

Duties of Collecting Banker

01. Presentation of cheques for payment within reasonable time:

The banker should collect the cheques, sent by the customers, with due care. As per Section-74, they

must present the cheque to the drawee bank within a reasonable time. According to the practice followed by the bankers, if the collecting and paying bankers are in the same place, the collecting banker should present the cheque before the next clearing immediately after he received it. In case of outstation cheques, he should despatch the same to the drawee banker on the same day after it is received by him. The cheque may also be presented through a clearing house or through the post. If a cheque presented with undue delay and in the meanwhile the drawer of the cheque suffers damage, the drawee is discharged to the extent of damage.

02. Notice of dishonour :

In case a cheque is dishonoured and returned back by the paying banker to the collecting banker

without payment for one reason or the other, the banker must serve a notice of dishonour on his


customer to enable the latter to claim the amount from the previous parties including the drawer.

 

Statutory protection to Collecting Banker.

01. Crossed cheque only:

The statutory protection is available to the banker only in case of cheque crossed generally or

specially to himself. He can not avail this protection in case of uncrossed cheque.

02. Collection as an Agent:

The statutory protection is available to the banker if he collects the cheque as an agent of the

customer and not as its holder for value.

03. Good faith and without negligence:

The most essential prerequisite for availing of the statutory protection is that the banker must

receive payment in good faith and without negligence. A thing is deemed to be done in good faith when it is in fact done honestly irrespective of whether negligently or not. He should not be negligent in receiving the payment. The onus of proving that he was not negligent in collecting the cheque lies, however, on the banker himself.

Off-Shore Banking , Subordinate Debt, Overdraft, Endorsement, Convertible Bond, Contingent Liabilities

Off-Shore Banking :
Off-shore banking refers to the international banking business involving non-resident foreign currency
denominated assets and liabilities. It refers to the banking operations that cover only non-residents and do not mix with domestic banking. An offshore banking center is a place where deliberate attempt is made to attract international banking by offering many concessions in the form of taxes and levies being imposed at lower rates or not being charged. A more important relaxation is the exemption of the offshore banks from restrictions on operations. Offshore banking units in these centers can carry on their activities of deposit taking and lending from/to international enterprises or investors without conflict with the domestic fiscal and monetary policies. In short, offshore banking is international banking kept separate from domestic banking coupled with free functioning.

Subordinate Debt
Debt having a claim against the issuer's assets that is lower ranking, or junior to, other obligations, and is
paid after claims to holders of senior securities are satisfied. Credit has differing levels of claim, depending on how a financing is structured; thus, an obligation can be senior to one claim, but subordinate to another. For example, a subordinated debenture is junior to a mortgage-backed bond, but has precedence over dividend payments to stockholders.
In  the  case  of   default,   creditors  with  subordinated  debt  wouldn't  get  paid  out  until  after  the  senior debtholders were paid in full. Therefore, subordinated debt is more risky than  unsubordinated debt

Overdraft
The overdraft is a kind of advance always allowed on a current account operated upon by cheques. The customer may be sanctioned a certain limit upon which he can overdraw his current account within a stipulated period. Here, withdrawals or deposits can be made any number of times at the convenience of the borrower, provided the total amount overdrawn does not, at any time, exceed the agreed limit. Interest is calculated and charged only on the actual debit balances on daily product basis. Thus, the borrower in this case can save interest by reducing the debit balance.

Endorsement :
The signature of the payee or holder on the back of a cheque/draft is called an endorsement.
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
Convertible Bond
A bond that can be converted into a predetermined amount of the company's equity at certain times during
its  life,  usually  at  the  discretion  of  the  bondholder.     Convertibles  are  sometimes  called  "CVs". Issuing convertible bonds is one way for a company to minimize negative investor interpretation of its 
corporate actions. For example, if an already public company chooses to issue stock, the market usually interprets this as a sign that the company's share price is somewhat overvalued. To avoid this negative impression, the company may choose to issue convertible bonds, which bondholders will likely convert to equity           anyway           should           the           company           continue           to           do           well. From  the  investor's  perspective,  a  convertible  bond  has  a  value-added  component  built  into  it;  it  is essentially a bond with a stock option hidden inside. Thus, it tends to offer a lower rate of return in exchange for the value of the option to trade the bond into stock.

Contingent Liabilities :
A liability may happen in due course; but not certain. Bank’s own ultimate responsibility/ commitment in a
financial transaction is its contingent liability i.e. a financial transaction of a bank that may fall back upon as its liability in due course is called Contingent Liability. Bank Guarantee and Letter of Credit etc. Contingent Liability.

A contingent liability is a likely or possible liability. These liabilities do not exist at the time of balance sheet but it may arise in future. It may arise on the occurrence of a particular event and turn out to be an actual liability. The total contingent liability e.g. liabilities in respect of guarantees given by the company or demand made by the government but disputed by the company in the Court. Contingent liabilities not being actual liabilities, are shown by way of a footnote in the balance sheet.

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.
Garnishee Order is issued by the Court is two parts :
01. Rule/Order Nishi.
(a) Asks the banker to freeze the debtor‘s account. 
(b) asks the banker to explain why the funds in the account, so freezed should not be used for payment of judgement creditor.
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.
02. Order Absolute:
This order directs the banker to pay either the whole or a part of the funds lying in the account against
which ―Order Nishi‖ has been issued to the judgement creditor.

Mutual Fund, Floating Charge, Documents of Title to Goods, Lead Bank, Liquidity Ratio, Prime Rate, Bill of Lading, Demated Securities, SLR, Allonge, Micro-finance, Factoring

Mutual Fund
A mutual fund is made up of money that is pooled together by a large number of investors who give their
money to a fund manager to invest in a large portfolio of stocks and / or bonds.
An investment vehicle that is made up of a pool of funds collected from many investors for the purpose of investing in securities such as stocks, bonds, money market instruments and similar assets. Mutual funds are operated by money managers, who invest the fund's capital and attempt to produce capital gains and income  for  the  fund's  investors.  A  mutual  fund's  portfolio  is  structured  and  maintained  to match  the investment objectives stated in its prospectus.

Floating Charge
When a charge created against stock in process, raw materials etc. is called a floating charge. Floating
charge relates to charge on constantly changing property.

Documents of Title to Goods

Any written instrument, such as a bill of lading, a warehouse receipt, or an order for the delivery of goods, that  in  the usual  course of  business  or  financing  is  considered  sufficient  proof  that  the person  who possesses it is entitled to receive, hold, and dispose of the instrument and the goods that it covers.

A document of title is usually either issued or addressed by a bailee—an individual who has custody of the goods of another—to a bailor—the person who has entrusted the goods to him or her. Its terms must describe the goods covered by it so that they are identifiable as well as set forth the conditions of the contractual agreement. Possession of a document of title is symbolic of ownership of the goods that are described within it.

Documents of title are an integral part of the business world since they facilitate commercial transactions by serving as security for loans sought by their possessors and by promoting the free flow of goods without unduly burdening the channels of commerce.

A person who possesses a document of title can legally transfer ownership of the goods covered by it by delivering or endorsing it over to another without physically moving the goods. In such a situation, a document of title is a negotiable instrument because it transfers legal rights of ownership from one person to another merely by its delivery or endorsement. It is negotiable only if its terms state that the goods are to be delivered to the bearer, the holder of the document, to the order of the named party, or, where recognized in overseas trade, to a named person or his or her assigns. The  Uniform Commercial Code and various federal and state regulatory laws define the legal rights and obligations of the parties to a document of title.

Lead Bank
Bank arranging a loan Syndication in which several banks buy participations. The lead bank collects a
management fee for assembling the syndicate and arranging the financing terms. In the Eurobond market, a bank that acts as agent for members of an underwriting syndicate.

Lead banks are banking institutions that are charged with the responsibility of overseeing the management of any project involving more than one lender. Depending on the structure of the project, the lead bank may function as an agent that is authorized to act on behalf of all the other  lenders involved. At other times, the bank functions as the facilitator for any actions taken regarding the project, keeping all partners in the 
project informed of current developments, then taking action once the group has reached a consensus on how to move forward. The designation of a lead bank is very common with syndicated loans where more than one institution is  underwriting the cost of the loan

Liquidity Ratio
A class of financial metrics that is used to determine a company's ability to pay off its short-terms debts
obligations. Generally, the higher the value of the ratio, the larger the margin of safety that the company possesses to cover short-term debts.
A company's ability to turn short-term assets into cash to cover debts is of the utmost importance when creditors are seeking payment. Bankruptcy analysts and mortgage originators frequently use the liquidity ratios to determine whether a company will be able to continue as a going concern.
The                                    formula                                    is                                    the                                    following:

= cash & equivalents / creditors,short
Liquidity (solvency) ratios indicate the ability to meet future short-term financial obligations. Current Ratio,
quick ratio, cash ratio, inventory turn over ratio, receivables turnover ratio etc.

Prime Rate
The interest rate that commercial banks charge their most credit-worthy customers. Generally a bank's best
customers consist of large corporations. The prime interest rate, or prime lending rate, is largely determined by the federal funds rate, which is the overnight rate which banks lend to one another. The prime rate is also important for retail customers, as the prime rate directly affects the lending rates which are available for mortgage, small business and personal loans.
Default risk is the main determiner of the interest rate a bank will charge a borrower. Because a bank's best customers have little chance of defaulting, the bank can charge them a rate that is lower than the rate that would be charged to a customer who has a higher likelihood of defaulting on a loan.

Bill of Lading:
A bill of lading evidencing the carriage of goods by sea. A bill of lading issued by the shipping company or
its agent.
A clean bill of lading is one which either states that the goods are received in good condition or does not make any remark about the defective condition of the goods or packing.

Demated Securities
The move from physical certificates to electronic book keeping. Actual stock certificates are slowly being
removed and retired from circulation in exchange for electronic recording.
With the age of computers and the Depository Trust Company, securities no longer need to be in certificate form. They can be registered and transferred electronically.

SLR
Statutory liquidity ratio is the amount of liquid assets, such as cash, precious metals or other approved
securities, that a financial institution must maintain as reserves other than the cash with the Central Bank

Statutory Liquidity Ratio or SLR refers to the amount that all banks require maintaining in cash or in the form of Gold or approved securities. Here by approved securities we mean, bond and shares of different companies. 
Statutory Liquidity Ratio is determined as percentage of total demand and percentage of time liabilities. Time Liabilities refer to the liabilities, which the commercial banks are liable to pay to the customers on there anytime demand. The liabilities that the banks are liable to pay within one month's time, due to completion of maturity period, are also considered as time liabilities.


Allonge
An allonge is generally an attachment to a legal document that can be used to insert language or signatures
when the original document does not have sufficient space for the inserted material. It may be, for example, a piece of paper attached to a negotiable instrument or promissory note, on which endorsements can be written because there isn't enough room on the instrument itself. The allonge must be firmly attached so as to become a part of the instrument

Micro-finance
Refers to small credit specially credit for the poor, agriculture, rural development and other types of credit
for poverty alleviation. NGOs in our country are engaged in financing micro-credit needs of the rural areas.

Microfinance is the provision of  financial services to  low-income clients or  solidarity lending groups including consumers and the  self-employed, who traditionally lack access to  banking and related services.

More broadly, it is a  movement whose object is "a world in which as many poor and near-poor households as possible have permanent access to an appropriate range of high quality financial services, including not just credit but also  savings,  insurance, and  fund transfers."[1]  Those who promote microfinance generally believe that such access will help poor people out of  poverty.

Factoring
Factoring is a  financial transaction whereby a business job sells its  accounts receivable (i.e.,  invoices) to a
third party (called a  factor) at a  discount. In "advance" factoring, the factor provides financing to the seller of the accounts in the form of a cash "advance," often 70-85% of the purchase price of the accounts, with the balance of the purchase price being paid, net of the factor's discount fee (commission) and other charges, upon collection. In "maturity" factoring, the factor makes no advance on the purchased accounts; rather, the purchase price is paid on or about the average maturity date of the accounts being purchased in the batch. Factoring differs from a bank  loan in several ways.  The emphasis is on the value of the receivables (essentially a  financial asset), whereas a bank focuses more on the value of the borrower's total assets, and often considers, in underwriting the loan, the value attributable to non-accounts collateral owned
by the borrower also, such as inventory, equipment, and real property,[1][2]  i.e., matters beyond the credit worthiness of the firm's accounts receivables and of the account debtors (obligors) thereon. Secondly, factoring is not a  loan – it is the purchase of a  financial asset (the  receivable). Third, a nonrecourse factor assumes the "credit risk", that a purchased account will not collect due solely to the financial inability of account debtor to pay. In the United States, if the factor does not assume credit risk on the purchased
accounts, in most cases a court will recharacterize the transaction as a secured loan.

Lending Risk Analysis

Lending Risk Analysis (LRA) is a technique by which the risk of the loan is calculated. Banker must
analyze LRA when loan application is above 1 crore. This analysis is done by experienced people of Credit department of a bank. It is a ranking whose total score is 140. Among this score, 120 is for Total Business Risk and 20 for Total Security Risk.

In case of business risk, if the score falls ---------
―Between‖ 13-19, then-------Poor risk
―Between‖ 20-26, then -----Acceptable risk
―Between‖ 27-34, then-----Marginal risk
Over 34, then ------------- Good risk.

? In case of security risk, if the score fall --------
―Between‖ 0 to 10 then ------------Poor risk
―Between‖ 10 to 14, then -------- Acceptable risk
―Between‖ 14 to 20, then --------Marginal risk
Over 20, then ----------------------Good risk.

In LRA, following aspects are analyzed:
1) Supplies risk
2) Sales risk
3) Performance risk
4) Resilience risk
5) Management ability.
6)  Level of Managerial teamwork 
7) Management competent risk
8) Management integrity risk
9) Security control risk
10) Security covers risk.

Accommodation Bills, Bank Rate, Clearing House, CAMEL(S) Rating, Merchant Bank

Accomodation Bills

An accommodation bill of exchange is a bill of exchange which has been drawn for the mutual financial accommodation of the parties involved. Generally it is drawn not for value received. In order to oblige friends, many times bills are drawn, accepted and endorsed by businessmen without any consideration. By accepting such a bill the acceptor is able to lend his name, and the other party (drawer) taking advantages of the reputation of the acceptor gets it discounted with his bank. After meeting his aim with this temporary finance, he (drawer) sends back money to the acceptor thus making it possible for him to meet the bill on the due date. Since such bills are accepted without consideration, therefore, there is no liability of the acceptor to the drawer but since the third party takes such a bill for value, therefore, the acceptor is liable to the third party.

Bank Rate
Bank rate means the rate at which the central bank of a country is offering loans to others banks against
eligible approved securities. Changes in the bank rate are often used by central banks to control the money supply. At present Bank Rate is 5% per annum.

What is Clearing House ?
Clearing House is an arrangement of the member banks which settle their inter-bank claims/ liabilities due
to transfer of deposits by the customers from one bank to another.
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.

What do you mean by CAMEL(S) Rating?
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.

Merchant Bank:
Merchant  Bank  is  a  traditional  term  for  an  Investment  Bank.  Merchant  Banks  work  as  a  financial
intermediary, offering such services as takeover, merger, acquisition advice/assistance, financial restructurings & associated finance (raising necessary funds), equity investments in companies and the placing of new share and bond issues, but do not offer usual banking services to the general public. A full fledged merchant bank provides diversified services for the capital market to investors. The offered services are:
01. Portfolio Management. 02. Issue Management. 03. Underwriting. 04. Corporate Advisory 05. Banker to the Issue

Treasury Bill , Core Risk Management, SME, Risk weighted asset, Risk weighted asset, Credit Cards, Repo, Reverse Repo

Treasury Bill :
Treasury bill is one kind of financial instrument issued by Bangladesh Bank. Bangladesh Bank sale this
instrument to the financial institution under fixed interest rate and duration and the proceeds against T-Bill provide to the government to meet up the deficit budget. The financial institutions purchased those instruments to meet their required SLR which is mandatory fixed by Bangladesh Bank.

Core Risk Management
It is a uniformed system/process in all banking sector to identify, manage, monitor & control the core risks
associated in the daily activities of the bank which may hamper achievement of the goals & objectives of the bank.
Five core risks identified in banking sector of Bangladesh Bank
1.   Credit Risk.
2.   Asset Liabilities Risk.
3.   Foreign Exchange Risk.
4.   Internal Control & Compliance Risk.
5.   Money Laundering Risk.

SME : SME stands for Small to Medium Enterprise.

However, what exactly an SME or Small to Medium Enterprise is depends on who‘s doing the defining. Industry  uses the term SME to refer to businesses with fewer than 100 employees, while classifying firms with 100 or more employees as "large" businesses.

Risk weighted asset
Risk-weighted asset is a bank's  assets or off-balance sheet exposures, weighted according to  risk. This sort
of asset calculation is used in determining the capital requirement or  Capital Adequacy Ratio (CAR) for a financial institution. In the  Basel I accord published by the  Basel Committee on Banking Supervision, the Committee explains why using a risk-weight approach is the preferred methodology which banks should adopt for capital calculation

•          it provides an easier approach to compare banks across different geographies
•          off-balance-sheet exposures can be easily included in capital adequacy calculations
•          banks are not deterred from carrying low risk liquid assets in their books

Currency Chest
To facilitate the distribution of banknotes and rupee coins, the central Bank has authorised select branches
of scheduled banks to establish Currency Chests. These are actually storehouses where banknotes and rupee coins are stocked on behalf of the central bank.

Credit Cards:
The Credit Cards have an element of free credit granted to card holders because the accounts are sent out
monthly, covering purchases of goods or services. The credit cards may be used when buying goods at shops and cash may be drawn at bank upto a certain limit. It is also called plastic money. It is an instrument which provides credit to shop variety of goods and services at the designated outlet/shops of the traders. All the famous banks have their own credit cards. IFIC Bank recently introduced IFIC Bank VISA Credit Card.

Repo

A repurchase agreement, also known as a repo, RP, or sale and repurchase agreement, is the sale of securities together with an agreement for the seller to buy back the securities at a later date. The repurchase price  should  be  greater  than  the  original  sale  price,  the  difference  effectively  representing  interest, 
sometimes called the repo rate. The party that originally buys the securities effectively acts as a  lender. The original seller is effectively acting as a  borrower, using their security as  collateral for a secured cash  loan at a fixed rate of interest.

A repo is equivalent to a cash transaction combined with a  forward contract. The cash transaction results in transfer of money to the borrower in exchange for legal transfer of the security to the lender, while the forward contract ensures repayment of the loan to the lender and return of the collateral of the borrower. The difference between the  forward price and the  spot price is effectively the interest on the loan while one of the settlement date of the forward contract is the  maturity date of the loan.

BB buys securities from a selling bank who agrees to repurchase them at a higher price on a certain date in the future.  (Temporary increase in excess reserves.)

Reverse Repo  A purchase of  securities with an  agreement to resell them at a higher  price at a specific  future date. This is essentially just a  loan of the security at a specific  rate. also called  reverse repurchase agreement.

A reverse repo is simply the same repurchase agreement from the buyer's viewpoint, not the seller's. Hence, the seller executing the transaction would describe it as a "repo", while the buyer in the same transaction would describe it a "reverse repo". So "repo" and "reverse repo" are exactly the same kind of transaction, just described from opposite viewpoints. The term "reverse repo and sale" is commonly used to describe the creation of a short position in a debt instrument where the buyer in the repo transaction immediately sells the security provided by the seller on the open market. On the settlement date of the repo, the buyer acquires the relevant security on the open market and delivers it to the seller. In such a short transaction the seller is wagering that the relevant security will decline in value between the date of the repo and the settlement date.

BB  sells  securities  and  agrees  to  repurchase  them  at  a  higher  price  on  a  certain  date  in  the  future. (Temporary decrease in excess reserves.)

20 October, 2021

What do you understand by bankers’ lien? Explain with example the general lien and Particular lien. Does a lien confer power to sale

 1. Lien is a right to retain that which is in possession of a person and belongs to another until his demands are satisfied. According to the Contract Act 1872 Section 170 a lien is the right of a creditor in possession of goods, securities or any other assets belonging to the debtor to retain them until the debt is repaid.”

The owner of the property, who grants the lien, is referred to as the lienor and the person who has the benefit of the lien is referred to as the lienee.


There are two types of lien

3)      particular lien is a right of the creditor to retain the goods of the debtor in respect of a particular debt and this debt must have arisen out of service rendered or money expended on the goods

4)      General lien is a right of the creditor to retain in possession of the goods and securities till the dues are paid. In case of general lien the creditor has no right to sell or liquidate the property without filing suit against the debtor.