Laws Relating to Financial Services - Stage-I
ISQ Examination (Summer-2007)


Q.1 Fill in the blanks:                                                                                                                               (10)
i
Suit for recovery of written-off Finance may be filed by a Banking Company incorporated in Pakistan, after obtaining the approval from _______________________.

ii

ii) In case of default in payment of Finance by a Customer the Bank may sell the Mortgaged Property without the intervention of ________________________.
iii
If a Customer dishonestly commits a breach of the terms of Letter of Hypothecation, executed by him, the Bank may initiate criminal action by filing a Complaint before _____________.
iv
Suit for Recovery of Rs.50.00 M will be filed by a Banking Company, before _________________ Court.
v
A Charge created by a Company, incorporated under the Companies Ordinance, 1984, on its Assets other than pledge, requires Registration within ____________ days with the Joint Registrar of Companies.
vi
Partner of a Firm, who has not executed Guarantee in his personal capacity _____________ liable for payment of the Liability allowed in the name of Partnership Firm.
vii
On tendering resignation by a Director of Limited Company, he will ______________ absolved from his personal Liability under the Guarantee executed by him.
viii
A continuing Guarantee ________________ revoked by the Surety for further Transaction, after giving Notice to the Beneficiary.
ix
A judgement creditor is a creditor who owes money to the ________________
x
A garnishee order in the first instance is issued as a provisional order and is known as a __________ order.

Q.2 Please write the alphabate of selected answer in the given space:                                                   (15)
i
Which of the followings are Promissory Notes:-

A)    I, promise to pay Y or order Rs.1,000/- on demand.
B)    I, promise to pay Y Rs.1,000/- after deducting all such Sums which he may owe to me.
C)    I, promise to pay Y Rs.1,000/-, one month after my employment
D)    None of the above
ii

What Liability the Customer incurs if the Cheque issued by him in favour of his Bank for re-payment of Debt is returned un-paid by the paying Banker for the reasons “insufficient funds”:-

A)     civil liability       B)      riminal liability        C)           no liability        D)        None of the above

iii

To defend a Suit filed by a Bank for recovery of Finance allowed by it against the Guarantee of (B), from whom (B) will obtain permission to appear and defend the Suit.

A)      State Bank of Pakistan       B)      Creditor        C)      Banking Court       D)     None of the above

iv

Maker of a Bill of Exchange is called:-

A)         Surety           B)          Drawer         C)      Promissor           D)       None of the above

v

The person named in the instrument to whom or to whose order the money by an instrument is directed to be paid is called:-

A)        Receiver        B)         Beneficiary       C)      Payee         D)         None of the above

vi

To ensure a healthy and viable banking system SBP takes quantitative and qualitative steps. Which of the following steps fall under the quantitative steps:

A)          Risk weighted asset ,capital adequacy                B)        Selective credit Control
C)          Credit Plan              D)         Guidline for write off             E)         None of the above

vii

Bad/Irrevocable loans may be continued to be written off by banks themselves with the approval of their respective directors following upon the permission given by :

A)       Banking Company Ordinance         B)       Banking Companies’(Control) Act,1946
C)       SBP ACT              D)         Prudential Regulations             E)        None of the above

viii

Violation of KYC and ANTI-MONEY LAUNDERING policy is penalized by SBP if the amount involved is more than:

A)            Rs. 5 million                B)               RS.10 million
C)            Rs.15 million               D)               RS.20 million and above          E)       None of the above

ix
Micro financing is considered over the world as:

A)             Undesirable                 B)            Controversial
C)             Excellent mode of financing for deposit mobilization
D)             Good for developing countries ,only                 E)             None of the above
x

Implementation of Prudential regulations has strengthened:

A)             Financial development of banks              B)            Credit re-scheduling, restructuring
C)             Capital adequacy            D)        None of the above          E)            All of the above

xi

Writing off of loans in the name of directors or their relatives/dependents/concerns in which they have interest and in the names of C.E.s of the banks require prior approval as instructed by:

A)        Financial Institutions(Recovery of finances) Ordinance 2001
B)        Baking Companies(Recovery of loans) Ordinance 1979
C)        Prudential regulations SBP            D)       All of the above        E)      None of the above

xii

The key issues of nationalized banks were:

A)        Inadequate Capital                B)          Insufficient Reserves
C)        Low Recovery            D)          All of the above              E)       None of the above

xiii

Nomination:

A)       Precludes banker’s right of set off or general lien
B)       Does not affect the right or claim which any person may have
C)      Cancels assignment
D)      Supersedes the claim of the legal heirs against the nominees
E)       None of the above

xiv

Before removing the contents of any locker by any nominee or by the nominee(s) and the survivors in case o locker held in joint names, the banks will refer to :

A)       Estate Duty Officer           B)        Income-tax Officer          C)         Court of Law
D)       Prepare an inventory of the contents of the locker which will be signed by the nominee(s) or the            survivor(s) and the copy of the inventory so prepared will be given to the them/him
E)        None of the above

xv

In deposits held in joint accounts:

A)          Each party can nominate a person            B)       There cannot be more than one nominee
C)          Nomination facility is not available            D)       None of the above


Q.3 State True or False:                                                                                                                           (15)
i
The Advance allowed for agricultural purposes is coverable as arrears of Land revenue:
ii
A Charge created by a Company on its Stock-in-Trade, but possession is not Delivered to the Bank is called Pledge:
iii
The Bank is obliged to pay the proceeds of the Draft drawn on it by an Exchange Company of U.A.E, when Cover has not been provided, by the Drawer:
iv
Mortgage Deed executed by a Company, on its Land, Building and Machinery, duly registered under the Registration Act is valid against the Liquidator, though the Charge is not registered with the Registrar of Companies.
v
In non-Interest based Financing Demand Finance falls in the category of Financing by Lending
vi
Equity Participation and purchase of shares is not permissible under NIB
vii
Rent sharing is an Islamic mode of financing
viii
There is no difference in Banker’s Lien and Charge
ix
Rule in Clayton’s Case is applicable only to partnership firm account.
x
Anomalous mortgage is governed by Anomalous Mortgage Act
xi
A Floating Charge on the assets of a company can be likened to Hypothecation
xii
Repaying capacity of a borrower is independent of his worth
xiii
Conversion of a cheque means mis-posting of a cheque
xiv
An IOU and a promissory note are one and the same thing
xv
A promissory note which is not stamped is not valid for litigation and there is no remedy available in this regard
xvi
A post-dated cheque cannot be negotiated
xvii
An Acceptor’s for Honour name is mentioned in the Bill of Exchange
xviii
Not Negotiable crossing renders a cheque as a Transferable instrument
xix
The Payee of a cheque is a Holder in Due course
xx
There can be only one Holder in Due Course at a time of a negotiable instrument
xxi
General Crossing is addressed to the collecting banker
xxii
Cheques bearing endorsement in foreign language should be returned unpaid
xxiii
A banker is responsible to the true owner if he pays a cheque with forged endorsement
xxiv
A bank Draft cannot be issued without Account Payee crossing
xxv
Without Recourse and Restrictive Endorsement are synonyms
xxvi
Partial endorsement on a cheque is not possible
xxvii
Banks can collect cheques for themselves without any risk
xxviii
An open cheque cannot be crossed by the banker unless he is a holder thereof
xxix
A collecting bank is discharged of its obligation toward its customer as soon as the cheque passes to the Clearing House
xxx
There is no difference in spot and ready rate

Q.4
On receipt of documents under a Credit established by the Bank, the documents on their face do not appear to be in compliance with the terms of the Credit, what action / steps will be taken by the Bank.                                                                                                                                                   (05)

Q.5
Will the Bank, having received the Payment in good faith and without negligence of a crossed Cheque for one of his Customer, having no Title or defective Title, incur any Liability to the true Owner. Please give reasons and support your answer with the relevant provision of Law, affording protection to the collecting Bank.                                                                                                      (05)

Q.6 Q.6 Please discuss rights and duties of the Banker in his capacity as:-                                           (10)
  (A)       Pledgee          B)        Mortgagee          C)         Surety

Q.7 The Customer availed a Finance from your Bank against:-                                                             (05)
 

(i) Hypothecation of Stock, ranking Pari-Passu with ideal bank.

and

(ii) Equitable Mortgage of Property owned by it by way of 2nd Charge.
The Customer committed default in re-payment of the Advance allowed by ideal bank. In Liquidation proceedings the Customer has been wound-up. Please discuss the position in respect of recovery of your Advance. In what proportion the Sale proceeds of the hypothecated stock and of the Mortgaged Property will be distributed, between your Bank and Ideal Bank.


Q.8
Discuss the banker and customer relationship in the light of the definition of customer given by the SBP with special emphasis on A) collection of cheques, and B) effect on the management of assets and liabilities.                                                                                                                                      (05)

Q.9
What are the legal processes determining bank’s authority to pay cheques. Also discuss the conditionalities under such processes.                                                                                               (05)

Q.10 List the precautions that should be taken while opening and maintaining a Trust ACCOUNT.     (05)

Q.11 Differentiate the following by giving a short definition of each:                                                       (10)
  A)     Bearer      B)     Holder     C)      Holder for Value        D)      Holder in DUE Course

Q.12 Following is an extract from the State Bank of Pakistan’s circular dated April 03, 2007               (10)
 

“In terms of CBR’s Circular of June 27, 2006, the rate of withholding tax has been enhanced from 0.1% to 0.2% of the amount withdrawn. Furthermore, the limit of Rs.25,000/- per transaction has been changed to per day basis.

It has been observed that while implementing the above instructions of CBR, banks are deducting withholding tax from their customers by clubbing cash withdrawal transactions done on different dates into a single posting date. This has resulted into excessive deduction of tax in some instances.

In order to address this issue banks are advised to immediately discontinue the practice of clubbing cash/ATM transactions done on different dates into single posting date for the purpose of determining the amount of withholding tax on such transactions.”

In order to implement these instructions draft an explanatory note for the guidance of your staff.