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Legal and Regulatory Aspects of Bank - 2 (JAIIB)

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Under Prevention of Money Laundering Act, 2002, banks are required to maintain record of cash transactions of the value of

  1. Rs. 50000 and above

  2. Rs. 1 lac and above

  3. Rs. 10 lac and above

  4. above Rs. 10 lac


Correct Option: D
Explanation:

As per Rule 3 of the Rules notified by Notification No. 9/2005, every banking company, financial institution and intermediary shall maintain a record of all cash transactions of the value of more than Rs. 10 lac or its equivalent in foreign currency. Thus, option 4 is the correct answer.

Section 49-A of Banking Regulation Act makes provisions for which of the following?

(a) Declaration of bank rate (b) Restrictions on the type of business that the banks cannot undertake (c) No person other than a bank is authorised to accept deposits withdrawable by cheque (d) Acceptance of deposits by banks

  1. Only (a)

  2. Only (a) and (c)

  3. Only (c)

  4. Only (b)


Correct Option: C
Explanation:

Section 49-A of Banking Regulation Act, 1949 states that no person, other than a banking company, the Reserve Bank, the State Bank of India or any other 21 banking institution [firm or other person that are notified by the Central Government in this behalf on the recommendation of the Reserve Bank] shall accept from the public, deposits of money withdrawable by cheque. Thus, only (c) is true. 

Banks can undertake permitted business activities u/s 6 (1) of Banking Regulation Act such as

(a) buying or selling of bullion (b) undertaking and executing trusts (c) undertaking the administration of estates as executors and trustees (d) providing of safe deposit vaults

  1. (a), (b) and (c) only

  2. (b), (c) and (d) only

  3. (a), (c) and (d) only

  4. All of the above


Correct Option: D
Explanation:

Section 6(1) in BANKING REGULATION ACT,1949 permits: the buying, selling and dealing in bullion and specie, undertaking and executing trusts, undertaking the administration of estates as executor, trus­tee or otherwise and the providing of safe deposit vaults.

A bank has to file a suit on the basis of a promissory note dated September 22, 2006. The bank made the demand for payment on November 10, 2006. The suit can be filed latest by

  1. November 09, 2009

  2. September 22, 2009

  3. September 21, 2009

  4. November 10, 2009


Correct Option: C
Explanation:

On the basis of a promissory note, one can file a suit for recovery of money latest by the completion of third year. The given promissory note is dated September 22, 2006. Thus, suit can be filed latest by September 21, 2009.

RBI can make application to High Court for winding up of a banking company if

(a) government directs RBI to do so (b) company fails to maintain minimum paid-up capital and reserves as per Sec 11 of BR Act (c) RBI has prohibited the bank to accept fresh deposits u/s 35-4 of BR Act (d) bank has failed to remain entitled to carry on banking activities

  1. Only (a), (b) and (d)

  2. Only (a), (c) and (d)

  3. (b), (c) and (d)

  4. All of the above


Correct Option: D
Explanation:

The Reserve Bank may make an application under this section for the winding up of a banking company if the banking company has failed to comply with the requirements specified in Section 11 or has by reason of the provisions of Section 22 become disentitled to carry on banking business in India or has been prohibited from receiving fresh deposits by an order under clause (a) of Sub-section (4) of Section 35 or under clause (b) of Sub-section (3A) or Section 42 of the Reserve Bank of India Act, 1934. If the company has failed to comply with any requirement of the Act other than the requirements laid down in Section 11, has continued such failure, after notice in writing of such failure or contravention has been conveyed to the banking company.

The ‘fit and proper’ criterion is used by companies

  1. while conducting the shareholders’ meeting

  2. while appointing directors

  3. while appointing the managing director

  4. passing resolutions by the board members


Correct Option: B
Explanation:

This criterion is used by the nomination committee before an appointment of a person as director or after a person is appointed as director on continuing basis.

Section 45s of RBI Act relates to which of the following?

  1. Prohibits unincorporated association of persons from accepting deposits from public

  2. Prohibits banks from accepting deposits from public

  3. Allows government companies to accept deposits from public

  4. Restricts the banks to pay counter interest


Correct Option: A
Explanation:

Section 45s of RBI Act relates to 'deposits not to be accepted in certain cases'. Under this, no person, being an individual or a firm or an unincorporated association of individuals, shall accept any deposit. Thus, option 1 is correct.

If a securitisation company fails to comply with RBI guidelines, under SARFAESI Act, who can impose penalties and up to what extent?

  1. RBI, fine up to Rs. 5 lac and if default continues, Rs. 10000 per day

  2. SEBI, fine up to Rs. 5 lac

  3. RBI, fine up to Rs. 1 lac

  4. SEBI, fine up to Rs. 5 lac and if default continues, Rs. 10000 per day


Correct Option: A
Explanation:

If any securitisation company or reconstruction company fails to comply with any direction issued by the Reserve Bank under Section 12, such company and every officer of the company who is in default, shall be punishable with fine which may extend to Rs. 5 lac rupees. In the case of a continuing offence, with an additional fine which may extend to Rs. 10 thousand for every day during which the default continues.

Which of the following is incorrectly matched?

  1. Section-8 of Banking Regulation Act : prohibitions for a banking company for trading activities

  2. Section-9 of Banking Regulation Act, 1949 : holding immovable property for period exceeding 7 years, except for its own use

  3. Section 10(1) of Banking Regulation Act, 1949 : banking company shall employ or be managed by a managing agent

  4. Section 5(0) of Banking Regulation Act, 1949 : Central Government has the authority to specify the activities that can be undertaken by a bank


Correct Option: C
Explanation:

Section 10(1) of Banking Regulation Act, 1949 states that no banking company shall employ or be managed by a managing agent.

Regional rural banks are

  1. cooperative societies

  2. companies created under Companies Act

  3. body corporates created under a special statute

  4. public sector undertakings of the Central Government


Correct Option: C
Explanation:

Regional rural banks are body corporates that are created under a special statute. They were established under the provisions of an ordinance passed on September, 1975 and the RRB Act, 1976 to provide sufficient banking and credit facility for agriculture and other rural sectors. These were set up on the recommendations of The M. Narasimham Working Group during the tenure of Indira Gandhi's government with a view to include rural areas into economic mainstream. At that time, about 70% of the Indian population was of rural orientation. 

The major objective of formation of RBI by enacting RBI Act, 1934 was to

(a) regulate the issue of bank notes (b) keep reserves for securing monetary stability in India (c) operate the currency and credit system of India (d) keep control over the capital market and foreign exchange markets

  1. Only (a), (b) and (c)

  2. Only (b), (c) and (d)

  3. Only (a), (c) and (d)

  4. All of the above


Correct Option: A
Explanation:

The Preamble of the RBI describes its basic function. They are to regulate the issue of bank notes, keep reserves to secure monetary stability in India and generally to operate the currency and credit system in the best interests of the country. Thus, option 1 is correct. 

Section 6(1)(o) of Banking Regulation Act deals with which of the following aspects?

  1. RBI powers to recommend amalgamation of a bank

  2. Central Government authority to notify other forms of business of a banking company

  3. Central Government authority to order merger of a bank

  4. RBI powers to supersede the management of a bank


Correct Option: B
Explanation:

Section 6(1)(o) of Banking Regulation Act deals with any other form of business which the Central Government may, by notification in the Official Gazette, specify as a form of business in which it is lawful for a banking company to engage. Thus, option 2 is correct. 

For determining the advance amount, the valuation of the shares will be done on the basis of

  1. face value of the share

  2. average price for the last 12 months

  3. market price of the shares

  4. average price for the last 12 months or market price of the shares, whichever is lower


Correct Option: D
Explanation:

.

For banking business, the banking companies are licensed by which of the following?

(a) RBI (b) Company Law Board (c) Registrar of Companies (d) Security and Exchange Board of India

  1. Only (a)

  2. Only (a), (b) and (c)

  3. Only (a) and (d)

  4. All of the above


Correct Option: A
Explanation:

For banking business, the banking companies are licensed by Reserve Bank of India. Under Banking Regulation Act, 1949, no company shall carry on banking business in India unless it holds a license issued on that behalf by the Reserve Bank.

RBI can issue direction to banks u/s 21 and u/s 35-A of Banking Regulation Act for

(a) Section 21 in public interest (b) Section 35-A in public interest (c) Section 21 relating to loans (d) Section 35-A relating to loans

  1. Only (a) and (b)

  2. Only (a) and (d)

  3. Only (b) and (c)

  4. Only (c) and (d)


Correct Option: C
Explanation:

Reserve Bank can issue directions under (Section 35-A) public interest and (Section 21) relating to loans.

If a borrower has been outside India for some time, for the purpose of calculation of limitation, that period shall be

  1. included

  2. included if bank could not prove his absence

  3. excluded

  4. excluded if the bank could prove his absence


Correct Option: C
Explanation:

Under Limitation Act, 1963, in computing the period of limitation for any suit, the time during which the defendant has been absent from India and from the territories outside India under the administration of the Central Government, shall be excluded.

RBI issues instructions on rate of interest to banks. The provisions u/s 21A of Banking Regulation Act relate to

  1. maximum interest rate ceiling imposed by RBI

  2. method for fixing BPLR

  3. rate of interest fixed by banks as per RBI guidelines are not subject to scrutiny by courts

  4. cases of NPA accounts in which interest can be debited only when it is recovered


Correct Option: C
Explanation:

Section 21-A of Banking Regulation Act relates to rate of interest that is fixed by banks, as per RBI guidelines, are not subject to scrutiny by courts.

Notwithstanding, anything contained in the Usurious Loans Act, 1918 (10 of 1918), or any other law relating to indebtedness in force in any state, a transaction between a banking company and its debtor shall not be reopened by any court on the ground that the rate of interest charged by the banking company in respect of such transaction is excessive. 

Bank B sanctioned a term loan to XYZ, repayable in 28 quarterly instalments. The party did not pay few due instalments and bank wants to file suit. Which of the following is the most appropriate answer?

  1. Bank can file the suit within 3 years for the entire amount.

  2. Bank can file the suit within 3 years for instalments not paid from the due date of respective instalment.

  3. Bank can file the suit within 3 years for instalments not paid from the due date of respective instalment and also the balance amount, if the agreement provides for that.

  4. Bank can file suit for due amount and for the balance amount bank will have to wait.


Correct Option: C
Explanation:

Any bank can file a suit within 3 years for instalments not paid from due date of respective instalment and also the balance amount, if the agreement provides for that. Thus, option 3 is the correct answer. 

In which of the following processes are non-liquidated financial assets (say NPAs) converted into marketable securities (security receipts)?

  1. Liquidation of NPAs

  2. Factoring of NPAs

  3. Securitisation of NPAs

  4. Reconstruction of NPAs


Correct Option: C
Explanation:

Securitisation of NPAs is a process where non-liquidated financial assets (dues from a borrower) are converted into marketable securities (security receipts), that can be sold to investors.

RBI can remove the chairman or director of a bank under _____ against which appeal can be made to the Central Government within ________ days from date of communication of such order.

  1. RBI Act, 45 days

  2. Banking Regulation Act, 30 days

  3. Banking Regulation Act, 45 days

  4. RBI Act, 30 days


Correct Option: B
Explanation:

Under Section 36AA, power of Reserve Bank to remove managerial and other per­sons from office, Reserve Bank may, for reasons to be recorded in writing, by order, remove from office, with effect from such date as may be specified in the order, 2 [any chairman or director] chief executive officer (by whatever name called) or other officer or employee of the banking company. Any person against whom an order of removal has been made, within thirty days from the date of communication to him of the order.

For an Indian bank, as per Section-11 of Banking Regulation Act, the minimum paid-up capital and reserves should be

(a) Rs. 5 lac, if the bank is having business in more than one state (b) Rs. 10 lac, if business is in more than one state and includes Mumbai or Kolkata or both (c) Rs. 2 lac, if place of business is in the state and does not included Mumbai or Kolkata

  1. Only (a), (b) and (c)

  2. Only (a) and (b)

  3. Only (b) and (c)

  4. All of the above


Correct Option: B
Explanation:

For an Indian bank, as per Section-11 of Banking Regulation Act, the aggregate value of its paid-up capital and reserves shall not be less than: (i) if it has places of business in more than one state, Rs. 5 lac, and if any such place or places of business is or are situated in the city of Bombay or Kolkata or both, Rs. 10 lac. If it has all its places of business in one state, none of which is situated in the city of Bombay or Kolkata, Rs. 1 lac in respect of its principal place of business, plus Rs. 10 thousand in respect of each of its other places of busi­ness situated in the same district in which it has its principal place of business, plus Rs. 25 thousand in respect of each place of business situated elsewhere in the state, other­wise in the same district.

In computing the period of limitation, the day from which such period is to be reckoned shall be

  1. excluded

  2. included

  3. taken into account

  4. None of the above


Correct Option: A
Explanation:

Under Limitation Act, 1963, in computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. 

_______ copies of balance sheet and profit and loss account, prepared by banks, are to be submitted to RBI within ______ months. Banking companies are also to submit three copies to

  1. 2 copies, 2 months, SEBI

  2. 3 copies, 3 months, SEBI

  3. 2 copies, 3 months, Registrar of Companies

  4. 3 copies, 4 months, Registrar of Companies


Correct Option: C
Explanation:

Two copies of balance sheet and profit and loss account, prepared by banks, are to be submitted to RBI within three months. Banking companies are also to submit three copies to Company Law Board. Every miscellaneous non-banking company shall deliver to the Reserve Bank, unless it has done so already, an audited balance sheet as on the last date of each financial year and an audited profit and loss account in respect of that year as passed by the company in general meeting together with a copy of the report of the Board of Directors laid before the company in such meeting in terms of Section 217(1) of the Companies Act, 1956 (1 of 1956) within fifteen days of such meeting.

Banks are required to obtain licence from RBI for commencing operation due to which of the following reasons?

  1. To make the provision of Banking Regulation Act applicable

  2. To prevent indiscriminate formation of banking companies

  3. To regulate the formation of a banking company

  4. All of the above


Correct Option: B
Explanation:

It is to ensure that only those banks are continuing which were operating on sound lines and to prevent indiscriminate formation of banking companies.

Which of the following pairs is incorrectly matched?

  1. Nationalised banks - Banking Companies Act, 1969

  2. State Bank of India - SBI Act, 1955

  3. State Bank Associate Banks - State Bank (Subsidiary Banks) Act, 1955

  4. RRBs - RRB Act, 1976


Correct Option: A
Explanation:

Banks that were nationalised in 1969 and 1980 draw power from Banking Companies (Acquisition and transfer of Undertakings) Act of 1969 and 1980. They are known as nationalised banks.

The benefits provided by an employer to its employees attract payment of tax. It is called

  1. income tax

  2. perquisites tax

  3. fringe benefit tax

  4. super-benefit tax


Correct Option: C
Explanation:

The fringe benefits tax (FBT) was the tax applied to most, although not all, fringe benefits in India. A new tax was imposed on employers by India's Finance Act, 2005 for the financial year commencing April 1, 2005. It covered employer's expenses on entertainment, travel, employee welfare and accommodation. The definition of fringe benefits that have become taxable has been significantly extended. The law provides an exact list of taxable items.

Where a bank has been charging interest rate from a borrower at a rate prescribed by RBI, such rates of interest cannot be questioned in a court of law under the provisions of which of the following?

  1. RBI directives

  2. Section 16 of Usurious Loans Act

  3. Section 21(A) of Banking Regulation Act

  4. Usurious Loans Act, 1918


Correct Option: C
Explanation:

Under Banking Regulation Act, 1949, 21(A), rate of interest charged by banking companies will not to be subject to scrutiny by courts. Notwithstanding anything con­tained in the Usurious Loans Act, 1918 (10 of 1918) or any other law relating to indebtedness in force in any state, a transaction between a banking company and its debtor shall not be re-opened by any court on the ground that the rate of interest charged by the banking company in respect of such transaction is excessive.

The provisions of SARFAESI Act are not applicable in case of a loan account in which the amount due is

  1. 20% or less of principal amount

  2. less than 20% of principal amount

  3. 20% or less of principal amount and interest

  4. less than 20% of principal amount and interest


Correct Option: D
Explanation:

The provisions of this act are applicable only for NPA loans with outstanding above Rs. 1 lac. NPA loan accounts where the amount is less than 20% of the principal and interest are not eligible to be dealt with under this act.

To fulfill its SLR requirement, a bank, among others, can invest in approved securities. It refers to the securities

  1. u/s 12 of Banking Regulation Act

  2. u/s 20 of Indian Trust Act

  3. u/s 18 of Government Securities Act

  4. u/s 343 of the Companies Act


Correct Option: B
Explanation:

RBI fixes SLR (statutory liquidity ratio) from time to time – currently it is at 25%. RBI requires banks to maintain 25% of Net Demand and Time Liabilities (NDTL) which is to be maintained on daily basis by investment in cash (other than CRR) and unencumbered prescribed Central and State Government securities, treasury bills and Government Guaranteed Bonds. These securities are approved securities for SLR purposes under Section 24 of the Banking Regulation Act, 1949 and Indian Trust Act, 1882 and are issued under Public Debt Act, 1944.

Name of a bank can be included in the 2nd schedule of RBI Act to make it a scheduled bank if it is a/an

(a) state cooperative bank (b) company defined u/s 3 of Companies Act (c) institution notified by the Central Government in this behalf (d) company incorporated outside India under the foreign law

  1. Only (a), (c) and (d)

  2. Only (a), (b) and (c)

  3. Only (b) and (c)

  4. All of the above


Correct Option: D
Explanation:

A scheduled bank, in India, refers to a bank which is listed in the 2nd Schedule of the Reserve Bank of India Act, 1934. The further classification of scheduled banks is as follows: Scheduled commercial banks Nationalised banks State Bank of India and its associates Regional Rural Bank (RRBs) Foreign banks Other Indian private sector banks Scheduled cooperative banks Scheduled state cooperative banks Scheduled urban cooperative banks  

The Lok Adalt is constituted under provisions of which of the following acts?

  1. Constitution of Lok Adalt Act

  2. SARFAESI Act

  3. Legal Services Authority Act

  4. Recovery of Debts due to Bank and FI Act


Correct Option: C
Explanation:

Legal Services Authority Act is to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities and to organise Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity. Thus, option 3 is the correct answer. 

Which of the following statements is incorrect?

  1. Winding up means closing a company and settling the accounts.

  2. Moratorium means a legal authority to a debtor to postpone payment of dues for a specified time.

  3. Amalgamation means breaking a company into two or more parts for the betterment of the company.

  4. None of the above


Correct Option: C
Explanation:

Amalgamation is the combination of one or more companies into a new entity. Thus, option 3 is incorrect.

The SARFAESI Act provisions are applicable in which of the following cases?

  1. Creation of security interest in any vessel

  2. Creation of security interest in any aircraft

  3. Creation of security interest in land

  4. None of the above


Correct Option: D
Explanation:

The full form of SARFAESI Act is Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Banks utilise this act as an effective tool for bad loans (NPA) recovery. It is possible where non-performing assets are backed by securities charged to the bank by way of hypothecation or mortgage or assignment. Thus, option 4 is the correct answer.

Who performs the functions and exercises the powers of supervision and inspection of banks under RBI Act and BR Act?

  1. SEBI

  2. BFS

  3. Board of Governors

  4. Inspection Department of RBI


Correct Option: B
Explanation:

In November 1994, RBI constituted the Board for Financial Supervision (BFS) under RBI (BFS) Regulations, 1994 to give undivided attention to the prudential supervision and regulation of banks, financial institutions and non-bank financial institutions in an integrated manner.

Action under provisions of SARFAESI Act cannot be initiated by which of the following?

  1. Commercial banks

  2. Financial banks

  3. Regional Rural Banks

  4. Securitisation and reconstruction companies


Correct Option: C
Explanation:

Action under provisions of SARFAESI Act cannot be initiated by (RRB) Regional Rural Banks.

Which of the following statements is not correct with regard to publication of accounts and balance sheet of a bank?

  1. Publication has to be in a newspaper in circulation at the place where the principal office of the banking company is located.

  2. Publication should be within 6 months from end of the period to which the account and balance sheet relate.

  3. Publication can only be in a newspaper that is published every day.

  4. Publication is undertaken u/s 31 of BR Act.


Correct Option: C
Explanation:

Publication only in a newspaper that is published every day is not true with regards to publication of accounts and balance sheet of a bank. 

Majority of share capital in RBI is held by which of the following?

  1. Public

  2. Central Government

  3. RBI

  4. Financial institutions


Correct Option: B
Explanation:

RBI's original share capital was divided into shares of 100 each fully paid, which were initially owned entirely by private shareholders. Following India's independence on 15 August, 1947, the RBI was nationalised on 1 January, 1949. Afterwards, majority of share capital in RBI was held by Central Government.

Which of the following is/are correct regarding FEMA, 1999?

  1. It replaced FERA, 1973

  2. It extends to the whole of India

  3. It applies to branches of banks outside India also

  4. All of the above


Correct Option: D
Explanation:

FEMA was passed in the winter session of Parliament in 1999, replacing the Foreign Exchange Regulation Act (FERA). It extends to whole of India. Also, activities such as payments made to any person outside India or receipts from them are also involved. Thus, option 4 is the correct answer.

Which of the following provisions does not match in the context of loans by a bank?

  1. Banks cannot grant loans on the security of their own shares - Section 20 of BR Act

  2. Banks cannot commit themselves for granting loans on behalf of their directors - Section 20 of BR Act

  3. For remitting a loan in the name of a director, RBIs permission is required - Section 20-A of BR Act

  4. RBI can use selective credit control over banks - Section 36-A BR Act


Correct Option: D
Explanation:

Section 36-A of BR Act deals with certain provisions of the act that do not apply to certain banking companies. Option 4 states the wrong and hence, it is the correct answer.

Where a bank is wound up, the holder of a cheque (issued by a customer of bank having sufficient funds), becomes

  1. trustee

  2. beneficiary

  3. debtor

  4. creditor


Correct Option: D
Explanation:

The bank is not liable to any endorsee or holder of a cheque, except when the bank is wound up, the holder of a cheque (issued by a customer of bank having sufficient funds), becomes creditor who is entitled to make a claim.

Which of the following statements are correct regarding the cash reserve that is maintained by banks with RBI u/s 42 of RBI Act?

(a) It is called cash reserve ratio. (b) It is maintained at minimum of 3% and maximum of 20% of NDTLs. (c) No interest is paid by RBI on this amount. (d) It is maintained as a fortnightly average balance with RBI.

  1. Only (a), (c) and (d)

  2. Only (a), (b) and (c)

  3. Only (a), (b) and (d)

  4. All of the above


Correct Option: A
Explanation:

Section 42 in Reserve Bank of India Act, 1934 regarding cash reserves of scheduled banks to be kept with RBI. (1) Every bank included in the Second Schedule shall maintain with the Bank an average daily balance the amount of which shall not be less than such percent of the total of the demand and time liabilities in India of such bank as shown in the return referred to in sub-section. (2) The Bank may from time to time, having regard to the needs of securing the monetary stability in the country, notify in the Gazette of India.

U/s 26 of Banking Regulation Act, the banks submit to RBI, a return on _______ basis, within _____ from close of the said period, relating to

  1. half-yearly, one month, inoperative deposits

  2. yearly, 30 days, unclaimed deposits

  3. yearly, 15 days, inoperative deposits

  4. half-yearly, 30 days, unclaimed deposits


Correct Option: B
Explanation:

According to Section 26 in Banking Regulation Act, 1949 return of unclaimed deposits states that every banking company shall, within thirty days after the close of each calendar year, submit a return in the prescribed form and manner to the Reserve Bank as at the end of such calendar year of all accounts [in India] which have not been operated upon for ten years, provided that in the case of money deposited for a fixed period the said term of ten years shall be reckoned from the date of the expiry of such fixed period, provided further that every regional rural bank shall also furnish a copy of the said return to the National Bank.

Banks submit various returns to RBI under RBI Act or BR Act. Which of the following is not one of such returns?

  1. Monthly return of liquid assets u/s 24(3) of BR Act

  2. Quarterly return of NPA advances u/s 42 of RBI Act

  3. Return of unclaimed deposits u/s 26 of BR Act

  4. Fortnightly return on cash reserves u/s 42 of RBI Act


Correct Option: B
Explanation:

Various forms/returns are given in the Banking Regulation (Co-operative Societies) Rules, 1966. All the mentioned returns, except quarterly return of NPA advances u/s 42 of RBI Act, are the various returns submitted to RBI. 

Which of the following statements are correct regarding acceptance of deposits by banks?

(a) Banks can refuse to accept deposit from undesirable persons. (b) For opening an account, introductory reference is not mandatory. (c) For opening of an account, identification is essential. (d) Banks can accept deposit of money only.

  1. Only (a), (b) and (c)

  2. Only (b), (c) and (d)

  3. Only (a), (c) and (d)

  4. All of the above


Correct Option: D
Explanation:

Introduction is not necessary for opening of accounts under PML Act and Rules or Reserve Bank’s extant KYC instructions. Banks should not insist on introduction for opening bank accounts of customers. All of the above statements are correct.

Which of the following statements regarding the inspection of banks are correct?

(a) RBI has the authority to inspect the branches of banks u/s 35 of BR Act. (b) RBI can inspect the branches of banks u/s 35A of BR Act. (c) Central Government can direct RBI to inspect the banks.

  1. Only (a) and (b)

  2. Only (b) and (c)

  3. Only (a) and (c)

  4. All of the above


Correct Option: C
Explanation:

Notwithstanding anything to the contrary contained in Section 235 of the Companies Act, 1956 (1 of 1956)], Reserve Bank at any time may, and on being directed so to do by the Central Government, shall cause an inspection to be made by one or more of its officers of any banking company and its books and accounts, and Reserve Bank shall supply to the banking company a copy of its report on such inspection. However, 35-A talks about the power of the Reserve Bank to give directions in the interest of public interest and banking policy. 

Which of the following statements is incorrect regarding balance sheet of a bank?

  1. For public sector, it is prepared as per 3rd Schedule of BR Act.

  2. For banking companies (private banks), it is prepared as per part I of Schedule VI of Companies Act.

  3. It is prepared on the last day of the financial year.

  4. The provisions for preparation of balance sheet are contained in Section 29 of BR Act.


Correct Option: B
Explanation:

For banking companies (private banks), it is prepared as per part I of Schedule VI of Companies Act. At the expiration of each calendar year or at the expiration of a period of twelve months ending with such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, every banking company incorporated in India, in respect of all business transacted by it and every banking company incorporated outside India, in respect of all business transacted through its branches in India, shall prepare with reference to that year or period, as the case may be, a balance-sheet and profit and loss account as on the last working day of that year or the period, as the case may be in the form set out in the Third Schedule or as near thereto as circumstances admit.

What is the rate of service tax?

  1. 15%

  2. 12%

  3. 7.5%

  4. 14%


Correct Option: A
Explanation:

Budget 2016 has proposed to impose a cess, called the Krishi Kalyan Cess, @ 0.5% on all taxable services. The new effective service tax could henceforth be 15%. 

Under Right to Information Act, the information that can be accessed should be held by or under control of

  1. government authority

  2. public authority

  3. public or private authority

  4. government authority, public authority or private authority


Correct Option: B
Explanation:

RTI Act, 2005 is an act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

Which of the following agreements with minor is/are not valid?

  1. Agreement for the benefits of minor

  2. Agreement for supply of necessities

  3. Agreement for enjoying luxuries

  4. All of these


Correct Option: C
Explanation:

As per Section 68 of Indian Contract Act, if necessities are supplied to minor, it is a valid agreement. Minor can also be beneficiary.

One or more bank is merged with another bank or two or more banks decide to merge to form a new company. It is called

  1. merger

  2. amalgamation

  3. liquidation

  4. winding-up


Correct Option: B
Explanation:

Amalgamation is the combination of one or more companies into a new entity. An amalgamation is distinct from a merger because neither of the combining companies survives as a legal entity. A completely new entity is formed to house the combined assets and liabilities of both companies. Thus, option 2 is the correct answer.

Which of the following statements is false?

  1. Licence from RBI is essential to open a bank under Section 22 of BR Act.

  2. Every banking company has to use the word bank as part of its name.

  3. No company, other than a banking company, can use the word bank or banker as part of its name.

  4. A firm or group of individuals can use the words banking company as part of their name or for the purpose of business by giving a public notice.


Correct Option: D
Explanation:

Section 22 in Banking Regulation Act,1949 states that no company shall carry on banking business in India, unless it holds a licence issued on that behalf by the Reserve Bank and any such licence may be issued subject to such condi­tions as the Reserve Bank may think fit to impose.

Section 7 in Banking Regulation Act,1949 states that no company, other than a banking company, shall use as part of its name (or in connection with its business) any of the words “bank”, “banker” or “banking” and no company shall carry on the business of banking in India unless it uses as part of its name at least one of such words. No firm, individual or group of individuals shall, for the purpose of carrying on any business, use as part of its or his name any of the words “bank”, “banking” or “banking compa­ny”. 

Which of the following conditions should be fulfilled for a bank to get protection against conversion of a cheque?

(a) The collection should be for a customer (b) The collection should be of a crossed cheque, crossed before falling into the hands of the collecting bank (c) The collection should be in good faith (d) The collection should be without negligence

  1. Only (a) and (d)

  2. Only (a) and (c)

  3. Only (a), (c) and (d)

  4. All of the above


Correct Option: C
Explanation:

The collection should be for 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. However, (b) is incorrect.

The Transfer of Property Act contains provisions relating to transfer of

  1. actionable claims

  2. movable assets

  3. goods

  4. None of the above


Correct Option: A
Explanation:

The Transfer of Property Act contains provisions relating to transfer of 'actionable claims'. The transfer of an actionable claim, whether with or without consideration, shall be effected only by the execution of an instrument in writing and signed by the transferor or his duly authorised agent, shall be complete and effectual upon the execution of such instruments and thereupon, all the rights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provided be given or not.

A bank is under obligation to make payment of cheque issued by its customer under Negotiable Instruments Act, 1881. Which of the following conditions is incorrect regarding the payment of cheque?

  1. The parties must be certain.

  2. The funds must be properly available for payment of the said cheque.

  3. The signatures of the customer should be as per the records of the bank.

  4. Cheque should be drawn in one ink, one handwriting and one script


Correct Option: D
Explanation:

Negotiable Instruments Act states that a cheque should have the following characteristics: (1) It must be in writing (2) It must contain an unconditional order to pay money only and not merely a request (3) It must be signed by the drawer (4) The parties must be certain (5) The sum payable must also be certain (6) It must comply with other formalities e.g. stamps, date etc Thus, option 4 is the correct answer.

A floating charge is a/an

  1. charge on all floating assets of the company

  2. charge at the time or before the company is floated

  3. equitable charge on all assets of the company

  4. None of the above


Correct Option: C
Explanation:

A floating charge is a security, such as a mortgage or a lien, that has an underlying asset or group of assets which is subject to change in quantity and value. When businesses use floating charges, it does not affect their ability to use the underlying asset as normal. Only if the company fails to repay the loan or goes into liquidation does the floating charge become "crystallised" or frozen into a fixed charge and the lender becomes the first-in-line creditor to be able to draw against the underlying asset. A floating charge is a particular type of security, available only to companies. It is an equitable charge on (usually) all the company's assets, both present and future, on terms that the company may deal with the assets in the ordinary course of business. Very occasionally, the charge is over just a class of the company's assets, such as its stock. 

Which of the following is a correct statement?

  1. Protection available to a bank for conversion is as per Section 10 of NI Act

  2. Protection against conversion for demand draft is as per Section 131 of NI Act

  3. Bank gets protection for conversion as per Section 131 in case of cheque and Section 131-A for demand draft, as per Banking Regulation Act

  4. Conversion means unauthorised interference in property of a third party


Correct Option: D
Explanation:

Section 10 in the Negotiable Instruments Act, 1881 concerns “Payment in due course”.
Section 131-A in the Negotiable Instruments Act, 1881 is for non-liability of banker receiving payment of cheque. Thus, option 4 is the correct answer (conversion means unauthorised interference in property of a third party).

Which of the following is the objective of Foreign Exchange Management Act (FEMA), 1999?

  1. To conserve foreign exchange

  2. To manage foreign exchange

  3. To facilitate external trade and promote orderly development of forex markets in India

  4. All of the above


Correct Option: C
Explanation:

The Foreign Exchange Management Act, 1999 (FEMA) is an act of the Parliament of India "to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India.

Which of the following is incorrect in the context of letter of credit?

  1. The party on whose request LC is issued is called beneficiary.

  2. The bank that makes the payment to the beneficiary against documents and claims payment from issuing bank is called negotiating bank.

  3. Bank that has the final liability on LC, if documents are received in order, is called the issuing bank.

  4. The bank with which credit is available is called the nominated bank.


Correct Option: A
Explanation:

Beneficiary is the party who is to receive the benefit (payment) of the LC. The consignee of an LC and the beneficiary may not be the same. The credit is issued in the beneficiary's favour.

Which of the following is incorrect in case of contract of indemnity and guarantee?

  1. In indemnity, the loss is to be made good as soon as it occurs

  2. In the case of guarantee, surety’s liability is secondary and principal debtor’s liability is primary

  3. An indemnity is for the reimbursement of loss

  4. A guarantee is for bearing the loss that is caused due to the action of principal debtor or any other party


Correct Option: D
Explanation:

Guarantee contract is to perform the obligation or to discharge the liability of a third party in case of its default. Thus, option 4 is the correct option.

A bank guarantee has been issued by the bank in lieu of the customer being required to deposit cash security. Such a guarantee is called

  1. cash guarantee

  2. financial guarantee

  3. performance guarantee

  4. deferred payment guarantee


Correct Option: B
Explanation:

Financial guarantee is the type of bank guarantee which is issued by a bank and furnished by a bank’s customer in lieu of earnest money or the security to be deposited with the beneficiary of the bank guarantee for the performance of a contract. These guarantees are given in lieu of purely monetary obligation (the obligation of contractor to make earnest money deposit/guarantees to give to sale-tax department etc).

The sale becomes absolute in case of mortgage by conditional sale, when

  1. borrower makes payment of the due amount

  2. borrower fails to make payment of the due amount

  3. loan is re-structured

  4. limitation expires


Correct Option: B
Explanation:

A mortgage by conditional sale is where the mortgagor sells the property to the mortgagee on the condition that in case of default of repayment of the mortgage money, the sale will become absolute and on repayment of the money, the sale will become void and the mortgagee will transfer the property back to the mortgagor. Thus, option 2 is the correct answer.

Under RTI Act 2005, the information can be taken in the form of

  1. diskettes or floppies

  2. tapes or video cassettes

  3. printouts or in any other electronic form

  4. All of the above


Correct Option: D
Explanation:

A citizen has a right to obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-out. Provided information is already stored in a computer or in any other device from which the information may be transferred to diskettes.

XYZ created equitable mortgage in favour of Bank A on January 14, 2007 (not registered), a simple mortgage with Bank B on January 28, 2007 (and registered on March 12, 2007) and a simple mortgage with Bank C on Februrary 10, 2007 (and registered on Februrary 28, 2007). The priority of mortgage in this case would be in which of the following orders?

  1. Bank C, Bank B and Bank A

  2. Bank B, Bank C and Bank A

  3. Bank B, Bank A and Bank C

  4. Bank A, Bank B and Bank C


Correct Option: D
Explanation:

If a property's title has multiple mortgage liens and the loan secured by a first mortgage is paid off, the second mortgage lien will move up in priority and become the new first mortgage lien on the title. Documenting this new priority arrangement will require the release of the mortgage securing the paid-off loan. Thus, the priority will be according to the date. As mortgage in favour of Bank A was on January 14, 2007 and was the earliest, thus, will be dealt first and subsequently Bank B (January 28, 2007) and Bank C (February 10, 2007).

Where forged notes or counterfeit currency has been used as genuine, record of such transactions is required to be maintained if the amount of such transaction is

  1. Rs. 50000 or above

  2. Rs. 1 lac or above

  3. Rs. 10 lac or above

  4. irrespective of the amount


Correct Option: D
Explanation:

Records should be maintained for all cash transactions where forged or counterfeit currency notes or bank notes have been used as genuine and where any forgery of a valuable security has taken place.

Which of the following cannot be deemed to be a contingent credit facility?

  1. Letter of credit

  2. Bank guarantee

  3. Co-acceptance

  4. Overdraft which is not availed


Correct Option: D
Explanation:

Correct Answer: Overdraft which is not availed

Which of the following is incorrect in case of hypothecation?

  1. It is defined as per SARFAESI Act

  2. The ownership remains with the borrower

  3. The possession remains with the creditor

  4. The creditor has the right to demand possession


Correct Option: C
Explanation:

Hypothecation is used for creating charge against the security of movable assets, but here the possession of the security remains with the borrower itself. Thus, in case of default by the borrower, the lender (to whom the goods/security has been hypothecated) will have to first take possession of the security and then sell the same. The best example of this type of arrangement is car loan. In this case, car/vehicle remains with the borrower but the same is hypothecated to the bank/financer. In case the borrower defaults, banks take possession of the vehicle after giving notice and then sell the same and credit the proceeds to the loan account.

Which of the following is incorrect in the context of partnership firms?

  1. Partnership is registered with Registrar of Firms and not the partnership deeds.

  2. Registration of partnership firms is not compulsory.

  3. Registered firms have certain advantages over the unregistered firms.

  4. Non-registration of the firm adversely affects the capacity of the partners to carry on the business.


Correct Option: D
Explanation:

Two conditions are necessary to enable a partner to sue his co-partners or the- firm. First, the firm should be registered and second, the name of the partner suing must figure in registration. The scope of the sub-section was examined by the Bombay High Court in S. H. Patel v. Husseinbhai Mohd, a case where the action was between two former partners to enforce an agreement restraining the outgoing partner from carrying on in some area of any business similar to that of the firm and the court had to examine whether such suit was maintainable the firm being unregistered.

Which of the following can prescribe the nature of records to be maintained by a bank under Prevention of Money Laundering Act, 2002?

  1. RBI and State Government

  2. Central Government and State Government

  3. SEBI and RBI

  4. SEBI and State Government


Correct Option: C
Explanation:

The guidelines for nature of records to be maintained by a bank under Prevention of Money Laundering Act, 2002 are issued by RBI and SEBI from time to time.

If a person seeks information from a public authority

  1. he has to give reasons for seeking the information

  2. he is not liable to give reasons for seeking the information

  3. if reason is given, it can help in quick disposal of the request for information

  4. information cannot be provided by the public authority without knowing the reasons for seeking information


Correct Option: B
Explanation:

It is to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. There is no prescribed form of application for seeking information as the application can be made on plain paper. The information seeker is not required to give reasons for seeking information. 

Which of the following is a charge which is created by a company on its present or future assets and is not attached to a particular asset?

  1. Exclusive charge

  2. Pari-passu charge

  3. Floating charge

  4. Fixed charge


Correct Option: C
Explanation:

Floating charges, as the name suggests, hover above a shifting pool of assets. Thus, as per the given definition, the charge is floating charge.

If a company does not want to include in its name the words ‘limited’, it can do so u/s 25 of Companies Act, 1956 after obtaining license from

  1. SEBI

  2. Company Law Board

  3. Registrar of Company

  4. Regional Director


Correct Option: D
Explanation:

All companies having limited liability are required to use the term ‘limited’ or ‘private limited’. But under Section 25, companies are allowed to dispense with the use of term ‘limited’ or ‘private limited’ from their names after obtaining license from the Regional Director. This helps the company to enjoy limited liability without disclosing to the public the nature of liability of its members. 

Which of the following acts has not been amended to bring it in tune with the Information Technology Act, 1999?

  1. Indian Penal Code, 1860

  2. Indian Evidence Act and Bankers’ Book Evidence Act

  3. RBI Act, 1934

  4. Companies Act, 1956


Correct Option: D
Explanation:

Correct Answer: Companies Act 1956

When a person wants to file a case under SARFAESI Act, it will approach _______ and for appeal, it will go to

  1. District Court, High Court

  2. High Court, Supreme Court

  3. Debt Recovery Tribunal, Debt Recovery Appellate Tribunal

  4. Debt Recovery Tribunal, High Court


Correct Option: C
Explanation:

Borrower may have to inevitably file an appeal before the Debt Recovery Tribunal (DRT) and Debts Recovery Appellate Tribunal (DRAT) under Section 17 of SARFAESI Act, 2002. Thus, option (3) is the correct answer.

SARFAESI Act has been declared valid by Supreme Court but it struck down Section ______ of the Act in the case of ______ vs ______, which provided for deposit of 75% of the amount due to the bank before approaching DRT.

  1. 13, Mardia Chemicals, ICICI Bank Ltd

  2. 17(2), Mardia Chemicals, Union of India and others

  3. 13, Mardia Chemicals, Union of India and others

  4. 17, Mardia Chemicals, Union Bank of India


Correct Option: B
Explanation:

In that case, the Supreme Court was dealing with the validity of the SARFAESI Act. The Court struck down Section 17(2) of the Act as ultra vires Article 14 of the Constitution of India. Thus, the complete statement is SARFAESI Act has been declared valid by Supreme Court but it struck down Section 17(2) of the Act, in the case of Mardia Chemicals vs Union of India and others, which provided for deposit of 75% of the amount due to the bank before approaching DRT.

SARFAESI Act, 2002 is applicable to housing finance companies whose names are notified by

  1. Reserve Bank

  2. National Housing Bank

  3. Central Government

  4. State Government concerned


Correct Option: C
Explanation:

SARFAESI Act, 2002 is applicable to housing finance companies whose names are notified by the Central Government.

An un-registered partnership firm

(a) can file suit for enforcement of contracts entered into by it with third party (b) cannot file suit on its own partners (c) other parties cannot file suit on unregistered firm

  1. Only (b) and (c)

  2. Only (a) and (c)

  3. Only (a) and (b)

  4. All of the above


Correct Option: B
Explanation:

An unregistered firm cannot sue any third party for the enforcement of any right arising from contract. There are two requirements of the right to sue namely, the firm should be a registered one and the person suing should appear as a partner in the registration. Also, other parties can file suit on an unregistered firm.

A private company has two shareholders who are also the directors of the company. They die in an accident. The

  1. company will be run by their legal heirs

  2. company will invite public to be shareholders who will choose new directors

  3. company will still exist

  4. advice of Company Law Board will be sought


Correct Option: C
Explanation:

If the directors of a company die in an accident, the company will still exist.

Under RTI Act, 2005, information can be accessed under control of a public authority. For this purpose, the public authority means any authority established by

  1. or under the Constitution

  2. any other law made by the Parliament of India or by the State Legislature

  3. any notification issued or order made by the appropriate Government

  4. All of the above


Correct Option: D
Explanation:

Under RTI Act, 2005, the information can be accessed under control of a public authority. For this purpose, the public authority means any authority established  (a) by or under the Constitution (b) by any other law made by Parliament (c) by any other law made by State Legislature (d) by notification issued or order made by the appropriate Government Thus, all the options are correct.

Under RTI Act, 2005, the period for providing information is

  1. 5 days

  2. 1 week

  3. 21 days

  4. 30 days


Correct Option: D
Explanation:

In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority.

Which of the following is correct?

(a) A company can commence its business without obtaining Certificate of Commencement of business, if it is a private company. (b) A company can commence its business without obtaining Certificate of Commencement of business, if it is a company without any share capital. (c) A company can commence its business after obtaining Certificate of Commencement of business u/s 125, if it is a public company.

  1. Only (a) and (c)

  2. Only (a) and (b)

  3. Only (b) and (c)

  4. All of the above


Correct Option: B
Explanation:

Private companies are not required to obtain a Certificate of Commencement. Also, companies without any share capital do not need such formalities. Thus, (a) and (b) are true. For public companies, Certificate of Commencement is required.

Which of the following statements is incorrect?

  1. A partnership firm can be registered u/s 58 of Indian Partnership Act.

  2. Accompany is a legal person created through incorporation.

  3. Certificate of Commencement of business is conclusive evidence of existence of a company.

  4. Where two or more persons agree to share profit from business, it is called a partnership.


Correct Option: C
Explanation:

Certificate of Incorporation is conclusive evidence of coming into existence of the company.

Which of the following are correct?

(a) Certificate of Incorporation is the birth certificate of a company. (b) Certificate of Incorporation is conclusive evidence of creation of a company. (c) On the basis of Certificate of Incorporation, bank can open account without any other introduction. (d) Certificate of Commencement is required both by the public and private companies.

  1. Only (b), (c) and (d)

  2. Only (a), (b) and (c)

  3. Only (a), (c) and (d)

  4. All of the above


Correct Option: B
Explanation:

Private companies are not required to obtain a Certificate of Commencement. Hence, statement (d) is incorrect. 

The lease for a purpose, other than for agricultural and manufacturing purposes, is deemed to be a lease from ______ and it can be terminated by giving ______ notice.

  1. year to year, 2 months

  2. year to year, 3 months

  3. month to month, 30 days

  4. month to month, 15 days


Correct Option: D
Explanation:

A lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

Which of the following statements are correct?

Where a company creates charge on its assets and fails to get the charge particulars field and registered

(a) any person interested in the charge can file and get it registered (b) if charge is not filed and registered, the creditor becomes unsecured creditor in the event of liquidation of the company (c) if the charge remains unregistered, the loan becomes due immediately (d) it is responsibility of the company to file the charge within given time period

  1. Only (b), (c) and (d)

  2. Only (a), (c) and (d)

  3. Only (a), (b) and (c)

  4. All of the above


Correct Option: D
Explanation:

Correct Answer: All of the above

Which of these are correct for hypothecation as per SARFAESI Act?

(a) It is a charge on movable assets. (b) It is in favour of secured creditor. (c) It is without the delivery of possession. (d) It gives right to the creditor to sell the assets.

  1. Only (b), (c) and (d)

  2. Only (a), (b) and (c)

  3. Only (a), (b) and (d)

  4. All of the above


Correct Option: B
Explanation:

"Hypothecation" means a charge in or upon any movable property, existing or future, created by a borrower in favour of a secured creditor without delivery of possession of the movable property to such creditor, as a security for financial assistance and includes floating charge and crystallisation of such charge into fixed charge on movable property.

Which of the following are correct regarding SARFAESI Act, 2002?

(a) It is applicable in the entire India, including Jammu & Kashmir. (b) It provides for sale of security without court intervention subject to fulfillment. (c) It provides for setting up of Central Registry for registration of securitisation transactions. (d) It covers all types of loan accounts.

  1. Only (a), (b) and (d)

  2. Only (a), (b) and (c)

  3. Only (a), (c) and (d)

  4. All of the above


Correct Option: B
Explanation:

The act allows taking the matter to high courts only in some matters related to the implementation of the act in Jammu & Kashmir. However, high courts have been entertaining writ petitions under Article 226 (Power to issue writs) of the Constitution of India. It is possible where non-performing assets are backed by securities charged to the bank by way of hypothecation or mortgage or assignment.

In Mardia Chemicals vs Union of India and others case, the Supreme Court had decided that

  1. SARFAESI Act is fully invalid

  2. condition of deposit of 75% amount by borrower before approaching DRT against possession notice by banks, is invalid

  3. condition of deposit of 75% amount by borrower before approaching DRAT, against decision of DRT, is invalid

  4. condition of 60 days notice before possession is correct


Correct Option: B
Explanation:

When the SARFAESI Act was challenged, the Supreme Court in Mardia Chemicals Ltd. v. Union of India, (2004) 4 SCC 311 had upheld the validity of the SARFAESI Act, except Section 17(2) of the SARFAESI Act which required depositing 75% of the amount claimed before entertaining an appeal under Section 17 of the SARFAESI Act.

The Prevention of Money Laundering Act, 2002 was enacted with which of the following objectives?

  1. To prevent money laundering

  2. To provide for confiscation of property derived from money laundering

  3. To prevent use of banking system for money laundering

  4. All of the above


Correct Option: D
Explanation:

Prevention of Money Laundering Act, 2002 is an act of the Parliament of India that was enacted to prevent money-laundering and to provide for confiscation of property derived from money-laundering. It also prevents use of banking system for money laundering.

Which of the following facts is incorrect regarding a securitisation company?

  1. It is a company registered under Companies Act.

  2. It has to obtain registration with SEBI for undertaking securitisation.

  3. It can set up a separate trust for different schemes of securitisation.

  4. Its minimum paid up capital is Rs. 100 crores and net worth is at least 15% of the acquired assets.


Correct Option: B
Explanation:

The regulations exclude few persons from the application of the regulations. They are specific family trusts, ESOP trusts (conditions), employee welfare trusts, gratuity trusts, holding companies‘ within the meaning of Section 4 of the Companies Act, 1956, securitisation trusts, securitisation company, reconstruction company registered with RBI, any such pool of funds which is directly regulated by any other regulator in India.

Before enforcement of security interest (sale of security), the creditor, to show his intention to take possession, is required to obtain possession of the security by giving a

  1. reasonable period notice

  2. notice of 15 days

  3. notice of 30 days

  4. notice of 60 days


Correct Option: D
Explanation:

Under the act in consideration, to show the intention to take possession, creditor is required to obtain possession of the security by giving a notice of 60 days.

Which of the following is incorrect regarding lease of immovable property?

  1. The transferor is called the lessor.

  2. The transferor is called the lessee.

  3. The price in a lease is called the lease rental.

  4. None of the above


Correct Option: C
Explanation:

A lease is a legal document outlining the terms under which one party agrees to rent property from another party and the periodic payment made to the owner of a property for the use of said property is rent. Thus, both are different. Option 3 does not state the truth.

As per prevention of Money Laundering Act, 2002, the banks are required to maintain record of specified transaction for a period of

  1. 20 years

  2. 10 years

  3. 5 - 8 years

  4. 5 years


Correct Option: D
Explanation:

In terms of Section 12 of the Prevention of Money Laundering Act, 2002, every reporting entity shall maintain a record of all transactions, including the information furnished to FIU-IND, in such a manner as to enable it to reconstruct individual transactions. The record has to be maintained of the prescribed transactions and information for a minimum period of five years.

Where a company has been financed by a consortium of banks, the decision to take possession and sell the security under SARFAESI Act is to be taken by

  1. the banks having 75% share by value on the record date, in the consortium

  2. all the major banks financing the company

  3. the lead bank in the consortium

  4. the banks having 60% share by value on the record date, in the consortium


Correct Option: D
Explanation:

In case there is a broad agreement, the account would be classified as a fraud, else based on the majority rule of agreement amongst banks with at least 60% share in the total lending, the account would be red flagged by all the banks and subjected to a forensic audit commissioned or initiated by the consortium leader or the largest lender.

Which of following transactions does not require registration with Central registry under provisions of SARFAESI Act?

  1. Securitisation

  2. Reconstruction

  3. Creation of security interest

  4. None of the above


Correct Option: D
Explanation:

The forms prescribed by the Central Government for registration are as under: FORM I - For creation and modification of charge. FORM II - For particulars of satisfaction of charge. FORM III - For securitisation or reconstruction of financial assets. FORM IV - For satisfaction of securitisation or reconstruction of financial assets. Thus, all the transactions need registration.

A customer files a complaint with the Ombudsman, which was rejected. Which of the following remedies is available to the customer?

  1. The grounds of rejection cannot be appealed against by the customer.

  2. Customer can only file suit in a court of law.

  3. Customer can request for review.

  4. Grounds of rejection can be appealed against within 30 days.


Correct Option: D
Explanation:

If one is aggrieved by the decision, one may, within 30 days of the date of receipt of the award, appeal against the award before the appellate authority. The appellate authority may, if he/ she is satisfied that the applicant had sufficient cause for not making an application for appeal within time, also allow a further period not exceeding 30 days.

Registration of a partnership firm under provisions of Indian Partnership Act, 1932 can be with the

  1. registrar of firms of the area in which the business of the firms is conducted

  2. registrar of firms of the area in which the registered office of the firm is located

  3. registrar of companies of the area in which the business of the firm is conducted

  4. registrar of companies of the area in which the registered office of the firm is located


Correct Option: A
Explanation:

The partnership firm to be registered under Indian Partnership Act, 1932 should be under the notice of registrar of firms of the area in which the business of the firms is conducted.

Under provisions of Transfer of Property Act, subject to agreement between parties, a property can be sold without intervention of court if it is located at

  1. any place

  2. only Chennai, Mumbai and Kolkata

  3. only towns notified by the State Government

  4. only Chennai, Mumbai and Kolkata or towns notified by the State Government


Correct Option: D
Explanation:

A property can be sold without intervention of court, if it is located at only Chennai, Mumbai and Kolkata or towns notified by the State Government. Thus, option 4 is the correct answer.

Which of the following is incorrect regarding banks that are required to maintain records under prevention of Money Laundering Act, 2002?

  1. Nature of the transaction

  2. Amount of the transaction and the currency

  3. Date of transaction and the parties to the transaction

  4. All of the above


Correct Option: D
Explanation:

The guidelines for the nature of records to be maintained by a bank under Prevention of Money Laundering Act, 2002 are issued by RBI and SEBI from time to time. Under that, all the given options/records should be present. Thus, option 4 is correct.

A suit has been filed by Bank-B in DRT located at place Z. Now the bank wants to transfer this case to another DRT located at place Y. It can be permitted by the

  1. High Court

  2. President of the DRT with consent of President of the other DRT

  3. Chairperson of DRAT having jurisdiction over both DRTs

  4. Chairperson of DRAT irrespective of jurisdiction over both DRTs


Correct Option: C
Explanation:

Under Section 17-A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Chairperson of Appellate Tribunal may transfer any case from one tribunal to another depending on the merits of the case within jurisdiction of appellate tribunal, if an application seeking transfer is filed.

Recovery of debt due to banks and Financial Institutions Act, 1993 Section 2 (g) provides definition of ‘debt’. It does not include any liability

  1. inclusive of interest which is secured

  2. inclusive of interest which is not secured

  3. payable under a decree or order of a civil court

  4. recoverable by the bank from its employee who committed a fraud


Correct Option: D
Explanation:

Recovery of debt due to banks and Financial Institutions Act, 1993 Section 2(g) states that "debt” means any liability (inclusive of interest) which is claimed as due from any person by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or under a mortgage and subsisting on, and legally recoverable on, the date of the application.

Thus, option 4 is the most suitable option. 

Which of the following is the period for DRT decision on the application filed by bank?

  1. It must be decided within 90 days from date of first hearing.

  2. DRT to make effort to dispose off the application within maximum of 180 days from date of receipt of application.

  3. It is binding on DRT to decide the matter within 180 days from date of its receipt.

  4. DRT is not bound to abide by any time limit.


Correct Option: B
Explanation:

The application shall be disposed off, as far as possible, within 180 days from the date of its receipt. A certificate will be issued to the Recovery Officer for recovery of amount of debt specified in the certificate.

If any false information is provided to the Registrar of Firms in connection with registration of a firm, the penalty is imprisonment

  1. up to 1 month or fine or both

  2. up to 2 months or fine or both

  3. up to 3 months or fine or both

  4. up to 6 months or fine or both


Correct Option: C
Explanation:

Penality for furnishing false particulars within the meaning of Section 70 amounts to 3 months imprisonment or with fine or both. 

Any person aggrieved by the order of Recovery officer may appeal to the _____ within ______ from

  1. Appellate Tribunal, 30 days, receipt of copy of order of RO

  2. Appellate Tribunal, 45 days, date of order of RO

  3. Appellate Tribunal, 30 days, date of order of RO

  4. Appellate Tribunal, 15 days, receipt of copy of order of RO


Correct Option: A
Explanation:

Any person aggrieved by any order made by the Debts Recovery Tribunal may go to the Appellate Tribunal within thirty days from the date of receipt of the order of Debts Recovery Tribunal.

For the purpose of application of Bankers’ Book Evidence Act, the bankers’ books include

(a) records kept as back-up (b) records available as disaster recovery (c) records on micro film (d) records in physical form

  1. Only (d)

  2. Only (c) and (d)

  3. Only (a), (c) and (d)

  4. All of the above


Correct Option: D
Explanation:

“Bankers' books” include ledgers, day-books, cash-books, account-books and all other records used in the ordinary business of the bank, whether these records are kept in written form or stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism, either onsite or at any offsite location including a back-up or disaster recovery site or both. Thus, all the statements are correct.

Limited liability partnership is regulated under provisions of which of the following acts?

  1. Indian Partnership Act

  2. Companies Act

  3. Indian Contract Act

  4. None of the above


Correct Option: D
Explanation:

The Limited Liability Partnership Act, 2008 was enacted by the Parliament of India to introduce and legally sanction the concept of LLP in India. Thus, option 4 is the correct answer. 

Which of the following is correct in the context of Consumer Protection Act?

  1. Complaint can be filed by the consumer himself, as on his behalf no consumer association can file the complaint.

  2. Retailers who buy goods to sell to other consumers can file the complaint.

  3. The consumer courts are quasi-judicial in nature.

  4. Consumer Protection Act has been enacted to protect the manufacturers and service providers from the consumers.


Correct Option: C
Explanation:

The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up in 1988. Only option 3 is true. 

______ involves promotion of corporate fairness, transparency and accountability in the interest of all stake holders.

  1. Risk management

  2. Corporate risk management

  3. Corporate strategies

  4. Corporate governance


Correct Option: D
Explanation:

Corporate governance is about promoting corporate fairness, transparency and accountability. Corporate governance deals with how a corporate is governed.

In a mortgage suit, the preliminary decree becomes the final decree when the

  1. request is made by the bank as creditor

  2. borrower fails to pay the decretal amount

  3. court takes a decision on the basis of its discretion

  4. request comes from the bank and the borrower


Correct Option: B
Explanation:

Preliminary decree was ordered to be drawn up. Thereafter, as the defendants had failed to pay the decretal amount, final decree proceedings were initiated. Thus, option 2 is the correct answer. 

The minimum number of directors required in a private company is

  1. 3

  2. 7

  3. 12

  4. 2


Correct Option: D
Explanation:

The minimum number of directors required in a private company is 2.

Which of the following options is correct?

A contract is valid, if the consideration is lawful when at the desire of the promisor, the promisee

(a) has done or abstained from doing something (b) does or abstains from doing something (c) promises to do or abstains from doing something

  1. Only (a) and (c)

  2. Only (a) and (b)

  3. Only (b) and (c)

  4. All of the above


Correct Option: D
Explanation:

When at the desire of the promisor, the promisee or any other person has done or abstained from doing something or does or abstains from doing something, such act or abstinence or promise is called a consideration for the promise. Thus, all are true. 

For actions of a partner in a limited liability partnership

  1. all the partners become automatically liable

  2. the LLP does become liable

  3. other partners do not becomes liable for one

  4. None of the above


Correct Option: C
Explanation:

No partner would be liable on account of the independent or unauthorised actions of other partners, thus allowing individual partners to be shielded from joint liability created by another partner's wrongful business decisions or misconduct.

In a contract of bailment, if the bailee does something inconsistent to the contract, the bailor cannot

  1. demand the damages suffered

  2. void the contract

  3. demand compensation for any damage

  4. None of the above


Correct Option: D
Explanation:

Correct Answer: None of the above

The IT Act was introduced on account of the initiatives of

  1. IT industry of India

  2. Indian Parliament

  3. Reserve Bank of India

  4. None of the above


Correct Option: D
Explanation:

Correct Answer: None of the above

A lease for agricultural or manufacturing purpose can be terminated by the lessor or lessee by giving _____________ notice to one another.

  1. 6 months

  2. 15 days

  3. 10 days

  4. None of these


Correct Option: A
Explanation:

In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice.

XYZ were allowed certain credit facilities on the guarantee of G. Later on, the account was secured by equitable mortgage of the property. But for certain reasons, the bank released the equitable mortgage. When the account became difficult for recovery and money was demanded from G also, he took the plea that he stands discharged to the extent the value of mortgage, which has been released by the bank.

  1. Guarantor is not discharged as the mortgage was taken subsequent to the date of guarantee.

  2. Guarantor is not discharged as he is liable as long as borrower is liable.

  3. Guarantor is discharged to the extent of value of equitable mortgage, as bank has put the guarantor to loss.

  4. Guarantor is discharged since value of security in the account has come down.


Correct Option: A
Explanation:

Renu Gupta and Another vs Debt Recovery Tribunal-II  The guarantor shall not be discharged from his liability by the bank's releasing the borrower or by any act or omission of the bank legal consequence of which may be to discharge borrower or by any act of the bank which would, but for this present provision, be inconsistent with the guarantor's right as surety or by the bank's omission to do any act which, but for this present provision, the bank's duty to the guarantor would have required the bank to do. Though as between the borrower and the guarantor, the guarantor is surety only, the guarantor agrees that as between the bank and the guarantor, the guarantor is the principle debtor, jointly with the borrower and accordingly the guarantor shall not be entitled to any of the rights conferred as surety by Section 133, 134, 135, 139 and 141 or any other relevant provision of the Contract Act.

At least __________ of the total number of directors of a public company are to be persons whose period of office is liable to determination by retirement of directors by rotation.

  1. 2

  2. 3

  3. 7

  4. 2/3


Correct Option: D
Explanation:

Unless the Article (Section 152 of Companies Act, 2013) provides retirement of all the directors, atleast 2/3 directors of a public company shall be persons whose period of office is liable to determination by retirement of directors by rotation. 

A lease for an agricultural or manufacturing purpose is deemed to be a lease for

  1. year to year

  2. month to month

  3. week to week

  4. an infinite period


Correct Option: A
Explanation:

In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice.

Right to Information means the right to

  1. inspection of work, documents and records

  2. taking notes, extracts or certified copies of documents or records

  3. taking certified samples of materials

  4. All of the above


Correct Option: D
Explanation:

Right to Information is an act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. All the options are true, however, option 4 is the most suitable as it covers all the aspects. Thus, option 4 is the correct answer.

Public authority means a/an

  1. authority established by the Government

  2. authority established by law

  3. non-Government organisation

  4. authority or body or institution of self government established by Constitution


Correct Option: D
Explanation:

An authority or body or institution of self government established or constituted by or under the Constitution, by any other law made by Parliament, by any other law made by State Legislature, by notification issued or order made by the appropriate Government.

A bank can invest in the shares of a company as pledge, mortgage or absolute owner maximum to the extent of

  1. 30% of the paid-up capital of the bank or 30% of the paid-up capital of the company, whichever is lower

  2. 30% of the paid-up capital of the bank or 30% of the paid-up capital and reserves of the company, whichever is lower

  3. 30% of the paid-up capital and reserves of the bank or 30% of the paid-up capital of the company, whichever is lower

  4. 30% of the paid-up capital of the bank or 30% of the paid-up capital of the company, whichever is higher


Correct Option: C
Explanation:

In terms of Section 19(2) of the Banking Regulation Act, 1949, banks should not hold shares in any company except as provided in Sub-section (1) whether as pledgee, mortgagee or absolute owner of an amount exceeding 30% of the paid-up share capital of that company or 30% of its own paid-up share capital and reserves, whichever is less.

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