[PDF] Legal & Regulatory Aspects of Banking – IIBF

Navigating the intricate world of banking regulations can be a daunting task, but the ‘Legal & Regulatory Aspects of Banking [4th Edition – 2021]’ by IIBF, published by Macmillan, offers a comprehensive guide. Perfectly tailored for JAIIB aspirants, this indispensable resource demystifies complex legal frameworks and regulatory protocols.

With clear explanations and up-to-date insights, it equips professionals with the knowledge needed to excel in their exams. Download the Legal & Regulatory Aspects of Banking by IIBF PDF and take your first step towards mastering the essential legalities of the banking sector.

Enrich your study sessions and stay ahead in your career.

The book, designed as the courseware for the Legal & Regulatory Aspects of Banking paper, explores the laws and regulations affecting banking operations. These topics are integrated into the chapters to ensure their significance is clear. It covers banking and business laws relevant to daily banking activities at suitable intervals.

Case laws are presented where appropriate. While primarily aimed at banking professionals and candidates for the JAIIB and Diploma in Banking & Finance exams, the book will also be valuable to anyone interested in understanding banking laws and legal practices in India.

Book Details:-

Book Name:	Legal & Regulatory Aspects of Banking – IIBF
Author/Publisher:	Macmillan
Language:	English
Edition:	2021 (4th Edition)
No of Pages:	842 Pages
File Type:	PDF (Downloadable)
PDF Size:	3.13 MB

MODULE A – REGULATIONS AND COMPLIANCE

• Legal Framework of Regulation of Banks
  Business of Banking; Constitution of Banks; RBI Act, 1934; Banking Regulation Act, 1949; Role of RBI; Govt. as a Regulator of Banks; Control over Cooperative Banks; Regulation by other Authorities.
• Control Over Organization of Banks
  Licensing of Banking Companies; Branch Licensing; Paid up Capital and Reserves; Shareholding in Banking Companies; Subsidiaries of Banking Companies; Board of Directors; Chairman of Banking Company; Appointment of Additional Directors; Restrictions on Employment; Control over Management; Corporate Governance; Directors and Corporate Governance.
• Regulation of Banking Business
  Power of RBI to Issue Directions; Acceptance of Deposits; Nomination; Loans and Advances; Regulation of Interest Rate; Regulation of Payment Systems; Internet Banking Guidelines; Regulation of Money Market Instruments; Banking Ombudsman; Reserve Funds; Maintenance of CRR, SLR; Assets in India.
• Returns Inspection, Winding up, Mergers & Acquisitions
  Annual Accounts & Balance Sheet; Audit & Auditors; Submission of Returns; Preservation of Records and Return of Paid Instruments; Inspection and Scrutiny; Board for Financial Supervision; Acquisition of Undertakings; Amalgamation of Banks; Winding up of Banks; Penalties for offences.
• Public Sector Banks and Cooperative Banks
  SBI and its Subsidiaries; Regional Rural Banks; Nationalized Banks;Application of BR Act to Public Sector Banks; Disinvestment of Shares by Govt.; Cooperative Banks
• Financial Sector Legislative Reforms
  Need, Approach for Financial Sector Legislative Reforms; Important Reforms
  Recent Legislative Changes in RBI Act
  Recent Legislative Changes in RBI Act, Need thereof
• Financial Sector Development Council
  Role and Functions of Financial Sector Development Council

MODULE B – LEGAL ASPECTS OF BANKING OPERATIONS

• Different Types of Borrowers
  Types of Borrowers; Limited Liability Partnership
• Types of Credit Facilities
  Cash Credit, Overdraft, Demand Loans, Term Loans, Bill Finance
• Secured and Unsecured Loans, Registration of Firms and Incorporation of Companies
  Definition of Secured and Unsecured loans; Need for Secured Loans; Registration of Firms; Consequences of Non-registration of Firms; Incorporation of a Company
• Indemnities
  Definition of Contract of Indemnity; Features of Indemnity Contract & Guarantee; Scope and Application of Indemnity Contracts to Banks; Obligations of a Banker; Precaution & Rights of an Indemnity Holder
• Bank Guarantees
  Definition and Types of Bank Guarantees; Banker’s Duty to Honour Guarantee; Precautions to be taken for Issuance of Bank Guarantee; Precautions to be taken for Payment under Bank Guarantee; Invocation & Enforcement
• Letters of Credit
  General Considerations of Letters of credit; Parties to a Letter of credit; Types of Letters of credit; Documents under a Letter of credit; UCPDC 600; Banks obligation for payment of Letter of credit
• Deferred Payment Guarantees
  Purpose of DPGs; Methods of Payment
• Laws Relating to Bill Finance
  Class of Bills and Laws Governing Bills; Classification of Bills; Categories of Bill Finance; Bill Finance and Legal Position of Banker
• Various Types of Securities
  Types of Securities; Escrow Arrangements; Trust and Retention Arrangements.
  Laws Relating to Securities and Modes of Charging I Mortgage; Types of Mortgage; Enforcement of Mortgages Laws Relating to Securities and Modes of Charging II Lien; Pledge; Hypothecation; etc.
• Registration and Satisfaction of Charges
  Definition of Charge; Procedure for Registration of Charge; Effect of Non- registration of Charges; Provisions of Law relating to Registration of Charges
• Case Laws on Responsibility of Paying Bank
  Negotiable Instruments Act and Paying Banks; Liability of Paying Banker; Payment in due course; Payment in Good Faith; Whether Payment under Mistake Recoverable
• Case Laws on Responsibility of Collecting Bank
  Statutory protection to Collecting Bank; Duties of Collecting Bank

MODULE C – BANKING RELATED LAWS

• Recovery of Debts due to Banks and Financial Institutions Act, 1993 (DRT Act)
  Objective of the Act, Constitution of Tribunal, Procedure to be followed, Enforcement process
• Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI)
  Constitutional Validity; Definitions; Regulation & Reconstruction; Enforcement of Security
  Interest; Central Registry; Offences & Penalties; Miscellaneous Provisions
• Banking Ombudsmen Scheme
  Purpose; Extent; Definitions; Establishment; Powers; Procedure for Redressal Grievance
• Bankers Books Evidence Act, 1891
  Applicability; Definition; Important Provisions
• The Legal Services Authorities Act, 1987
  Lok Adalats- Organisation; Jurisdiction; Disposal of Cases; Awards
• The Consumer Protection Act, 1986 and CERSAI
  Preamble, Extent & Definitions; Consumer Protection Councils; Consumer Disputes Redressal Agencies; Objectives and important provisions of Central Registry of Securitisation Asset Reconstruction and Security Interest of India
• The Law of Limitation
  Definition; Computation of Limitation; Important Provisions in schedule to the Limitation Act
• Tax Laws
  Income Tax; Commodity Transaction Tax; Goods and Services Tax Negotiable Instruments Act, 1881
  Applicability; Definition; Important Provisions Payment & Settlements Systems Act, 2007
  Applicability; Definition; Important Provisions

MODULE D – COMMERCIAL LAWS WITH REFERENCE TO BANKING OPERATIONS

• Indian Contract Act, 1872
  Meaning and essentials of contract; Contract of Indemnity & Rights of Indemnity Holder; Contract of Guarantee; Contract of Bailment; Contract of Pledge; Contract of Agency
• The Sale of Goods Act, 1930
  Features; Sale & Agreement to Sell; Conditions and Warranties; Express & Implied; Rights of Unpaid Seller
• Indian Partnership Act, 1932
  Definition & Types of Partnerships; Relation of partners to one another & to third Parties; Minor admitted to benefits of partnership; Dissolution of a firm; Effect of non registration; Limited liability partnerships-formation, registration, rights and liabilities of partners
• Definition and Features of a Company
  Definition & Features of a Company; Distinction between Company and Partnership
• The Companies Act, 1956 (now Companies Act, 2013)
  Definition, Features & Types of companies; Memorandum and Articles of Association; Doctrine of Ultra Vires, Constructive Notice, Indoor Management; Membership of Company Acquisition, Cessation, Register, Rights & Duties of Members, Prospectus; Directors; Winding up of Companies
• Foreign Exchange Management Act, 1999
  Important Terms; Powers of RBI, Regulation and Management; Directorate of Enforcement
• Transfer of Property Act, 1882
  Sale, Mortgage of Immovable Property; Types of Mortgages; Sale with and without court intervention; Lease of Immovable Property
• The Right to Information Act, 2005
  Applicability; Definition; Important Provisions
  Right To Information and Obligation of Public Authorities
  Obligations; Procedure; Disposal; Appeal; Orders; Penalties
• The Prevention of Money Laundering Act, 2002
  Obligations; Records to be Maintained; Procedure for Maintaining & Furnishing Information; Maintenance & Verifications of Records of Identity of Clients
• Information Technology Act, 2000
  Definitions; Electronic Governance; Certifying Authorities; Digital Signature Certificates; Penalties; Appeal

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