Legal and Regulatory Aspects of Banking (For JAIIB / Diploma in Banking & Finance Examination)

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Description
This book, the courseware for the paper on Legal 7 Regulatory Aspects of Banking, deals with legal and regulatory aspects that hace a bearing on banking operations, and are woven in to he units/chapters to make their relevance easily understandable. Banking and business laws insofar as they relate to day-to-day banking operations, have also been covered at appropriate places, Case laws are included, Wherever appropriate. Though tailored for banking professionals and those taking JAIIB and Diploma in Banking & Finance examination, the book will also be found useful by those readers eager to learn more about banking laws and legal aspects of banking practices in India.Established in 1928 as a Company under Section 25 of the Indian Companion 1913, Indian Institute of Banking & Finance (IIBF), formerly known as The Indian Institute Bankers (IIB), is a professional body of Banks, Financial Institutions, and their employees in india. With a total membership of over 9 lakhs, IIBF is the largest institution of its kind he world and is working with a Mission “to develop professionally qualified and competent blankers and finance professionals primarily through a process of education, training, examinati, bivs consultancy/ counselling and continuing professional development programs During its 93 years of service, IIBF has emerged as a premier institute in paisag and finance education for those employed as well as seeking employment in the sector, airnesay for professional excellence. Since inception, the Institute has educated numerous members unst uwarded several banking and finance qualifications, viz., JAIIB CAIIB, Diploma and Cercates covering diverse and contemporary subjects in the banking & finance domains, whils zuve helped the banking & finance professionals to sustain their professionalism through cor jelang professional development programs.

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Contents
Module A – Regulations and Compliance
1.    Legal Framework of Regulation of Banks
2.    Control Over Organisation of Banks
3.    Regulation of Banking Business
4.    Returns, Inspection, Winding Up, Mergers & Acquisitions
5.    Public Sector Banks and Co-operative Banks
6.    Financial Sector Legislative Reforms and Financial Sector Development Council
Module B – Legal Aspects of Banking Operations
7.    Case Laws on Responsibility of Paying Bank
8.    Case Laws on Responsibility of Collecting Bank
9.    Different Types of Borrowers
10.  Types of Credit Facilities
11.  Indemnities
12.  Bank Guarantees
13.  Letters of Credit
14.  Deferred Payment Guarantee
15.  Laws Relating to Bill Finance
16.  Various Types of Securities
17.  Law Relating to Securities and Modes of Charge -I
18.  Law Relating to Securities and Modes of Charge - II
19.  Registration and Satisfaction of Charges
Module C – Banking Related Laws
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002 (SARFAESI ACT)
20.  Introduction to SARFAESI Act, 2002
21.  Definitions at SARFAESI Act, 2002
22.  Regulation of Securitisation and Reconstruction of Financial
        Assets of Banks and Financial Institutions
23. Enforcement of Security Interest
24. Central Registry
25.  Offences and Penalties
26.  Miscellaneous Provisions
The Banking Ombudsman Scheme, 2006
27.  Purpose, Extent, Definitions, Establishment and Powers
28.  Procedure for Redressal of Grievances
Recovery of Debts due to banks and Financial Institutions Act, 1993 (DRT Act)
29.  Preliminary
30.  Establishment of Tribunal and Appellate Tribunal
31.  Jurisdiction, Powers and Authority of Tribunals
32.  Procedure of Tribunals
33.  Recovery of Debts Determined by Tribunal and Miscellaneous Provisions
The Bankers' books Evidence Act, 1891
34.  The Bankers' Books Evidence Act, 1891
The Legal Services Authorities Act, 1987
35.  LokAdalats
The Consumer Protection Act, 1986 and Cersai
36.  Preamble, Extent and Definitions
37.  Consumer Protection Councils
38.  Consumer Disputes Redressal Agencies
The Law of Limitation
39.  Limitations of Suits, Appeals and Applications
Tax Laws
40.  Income Tax, Commodity Transaction Tax; Service Tax
Module D - Commercial Laws with Reference to Banking Operations
41.  Meaning and Essentials of a Contract
42.  Contracts of Indemnity
43.  Contracts of Guarantee
44.  Contract of Bailment
45.  Contract of Pledge
46.  Contract of Agency
47.  Meaning and Essentials of a Contract of Sale
48.  Conditions and Warranties
49.  Unpaid Seller
50.  Definition, Meaning and Nature of Partnership
51.  Relations of Partners to One Another
52.  Relations of Partners to Third Parties
53.  Minor Admitted to the Benefits of Partnership
54.  Dissolution of a Firm
55.  Effect of Non-Registration
56.  Definition and Features of a Company
57.  Types of Companies
58.  Memorandum of Association and Articles of Association
59.  Doctrines of Ultra Vires/Constructive Notice/Indoor Management
60.  Membership of Company
61.  Prospectus
62.  Directors
63.  Foreign Exchange Management Act, 1999
64.  Transfer of Property Act, 1882
65.  The Right to Information Act, 2005
66.  Right to Information and Obligations of Public Authorities
67.  The Prevention of Money Laundering Act, 2002
68.  Information Technology Act, 2000
69.  Insolvency and Bankruptcy Code, 2016
Bibliography
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Author Details
Indian Institute of Banking & Finance (formerly The Indian Institute of Bankers) was established in 1928. With membership of over 750 institutional members and over 2.5 lac individual members, it is the largest institute of its kind in the world and is working with a mission 'to develop professionally qualified and competent bankers and finance professionals primarily through a process of education, training, examination, consultancy/counseling and continuing professional development programs'.
The institute has almost all the banks and financial institutions - public sector, private sector, foreign, cooperative and regional rural banks - as members in addition to IT/BPO companies and individuals working in the banking and finance industry. The Institute offers a number of professional courses in banking and finance and is managed by a Governing Council consisting of Chairmen/CEOs of different banks and eminent academicians.
The institute has collaborations with reputed international bodies like Canadian Institute of Bankers; Securities Institute, Australia; World Bank Institute, Washington; American Bankers' Association and The Asian Banker, Singapore and llMs/XLRl, India, for offering courses and CPD programs to finance professionals.
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