Introduction to banking

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Introduction to banking

  1. 1. Introduction to Banking Mishu Tripathi Assistant Professor-Finance
  2. 2. History of Banking in India-Phase I• Three presidency banks were established in Calcutta (1806) in Bombay (1840) and in Madras (1843)• In the early part of 20th century, on account of the Swadeshi movement a number of joint stock banks were established by Indians like Bank of India, Bank of Baroda and Central Bank of India.• In 1921 the three presidency banks were merged and the Imperial Bank of India was created
  3. 3. • During the period 1900 to 1925 many banks failed, and hence a Central Banking Enquiry Committee formed in 1929 to trace the reasons for the failure of such banks.• The Reserve Bank of India Act was passed in 1934 and the RBI came into existence in 1935 and RBI was nationalised in 1949• The Banking Regulation Act,1949 gave wide powers to RBI to act as the regulator for banks in India
  4. 4. Phase II• In 1955 State Bank of India became the successor to the Imperial Bank of India ,under the State Bank of India Act,1955.• In 1959 State Bank of India (Subsidiary Banks) Act was passed to enable SBI to take over State Associated banks as SBI‟s subsidiaries
  5. 5. • In 1969 the Government of India nationalised 14 major commercial banks having deposits of Rs.50 crore or more• In 1975 Regional Rural Banks were established under RRB Act 1976, which was preceded by RRB Ordinance in 1975• In 1980 six more commercial banks were nationalised, with a deposit of Rs.200 crore or more
  6. 6. Banking Progress in India-Phase III• In the liberalised, privatised and globalised environment, banks operating in India have diversified their banking activities by offering Banking facilities like: – Merchant banking – ATMs/Credit Cards/Internet banking/Mobile Banking – Factoring – Third Party Services *Time is more important than money
  7. 7. What is Banking and its functions???
  8. 8. Definition of a Bank• The banking is defined as “accepting for the purpose of lending or investment, of deposit of money from the public, repayable on demand or otherwise, and withdrawal by cheque, draft and order or otherwise”
  9. 9. Features of the Bank1. Accepting money/deposits from the public2. Lending or investing the money so collected. If the purpose of accepting of deposit is not to lend or invest, the business is not called banking business. The money so accepted is repayable on demand. The money so deposited can be withdrawn by the approved modes as specified by bank.
  10. 10. Accepting deposits Accepting deposits is the prime function of a commercial bank. They generally accept 3 types of deposits1. Current Deposits2. Savings Deposits3. Term Deposits
  11. 11. Current Deposits/Current Account• Current Deposits/Current Account is also known as demand deposit as any amount can be withdrawn at any time by drawing a cheque or giving the cheque favouring the payee.• No interest is allowed on these.
  12. 12. • In fact bank charges incidental charges depending on the volume of transactions, which was earlier, calculated on the basis of number of folios used.• If the depositor keeps huge balance in the account, the bank is ready to waive the charges, as it is costless deposit for the bank.• The bank also charges cheque book issuing charges on per leaf basis.
  13. 13. Who can open Current Account1. Individuals of sound mind and who have attained majority.2. Two or more individuals in their joint names.3. Proprietary Concerns (Sole Proprietorships)4. Partnerships Firms5. Hindu Undivided Families6. Companies
  14. 14. 7. Clubs, Societies, Associations, Committees, Schools etc8. Trusts9. Executors10. Administrators11. Government and Semi-Government Bodies, Local Authorities etc.• Based on the current account variant you choose, you will be eligible for a host of services at free/concessional rates.• Companies, firms and other business entities primarily use this account.
  15. 15. KNOW YOUR CUSTOMER- KYC• Know your customer norms are applicableto all customer accounts. It deals with notonly to identify the customer but alsoto understand the activities of the customer,to ensure that the operations in the customeraccount/s is/are for genuine purpose
  16. 16. KYC RULESThe main rules are –1. Customer identification2. Ceiling and monitoring of cash transactions3. Internal Control Systems4. Prevention of Terrorism Finance5. Identification and Reporting of Suspicious Transactions6. Adherence to Foreign Contribution Regulation Act (FCRA), 19767. Record Keeping8. Training of staff and management
  17. 17. Savings deposits/Savings Bank Account• This account is designed to promote savings among the households.• This is mainly for non-commercial transactions.• Companies, firms and other business entities are prohibited to open such accounts.
  18. 18. Who can open Savings Account1. An individual in his/her own name2. Individuals in their joint names with suitable repayment instructions3. Minor represented by parent/guardian4. Minor students above 10 years5. Clubs, Societies, Associations, Trusts, Executors, Educational Institutions, Administrators, HUF, etc.
  19. 19. Documentation Required• One passport size photograph• Identity Proof• Address Proof• PAN number or form 60/61 is a must for opening the account.
  20. 20. Savings Account• The depositor earns interest, which at present is 4%, and the rate of interest is governed by RBI directive and is same in all the banks.• Earlier interest is paid on the minimum balance in the account from 10th of the month to last day of the month.• From 1st of April 2010 the interest is paid based on daily balance in the account.• There are restrictions on number of withdrawals in a year.• Banks issue certain cheque leaves free: 60 cheque leaves free in a year and Rs 5 per cheque leaf beyond that.
  21. 21. • There is a restriction for maintaining minimum balance in the account, which is fixed at the discretion of the bank.• Quarterly Average Balance - Rs 250/- at Rural Branches and Rs 500/- at semi urban Branches and Rs 1,000 in Metro and urban branches.• Non-maintenance of QAB attracts a service charge of Rs 75/- per quarter.
  22. 22. • The balance can be withdrawn by issuing cheques or one can have ATM/Debit Card.• Depositor can give standing instructions to transfer funds from the account to his other accounts like recurring deposit every month for which the charges have to be paid.• Banks have the system of transferring any sum above the stipulated amount to a term deposit of the desired period to enable the depositor to avail of higher rate of interest.
  23. 23. Term deposit• While opening the term deposit one has to state the period for which the deposit is required and the rate of interest on deposit is dependent on period of deposit.• At present the deposit rate varies from 8.25-9.10%• The minimum period at present is 7 days and maximum is 10 years.• The bank prescribes the rules for premature withdrawals and charges penalty for premature withdrawal.
  24. 24. • If the depositor wants funds for short term, temporarily or the maturity of deposit is just near, he can opt for a loan against the security of such deposit.• The quantum of loan can be 90% of deposit inclusive of interest.• While the depositor continues to earn interest on his deposits, he has to pay interest on the loan raised, which is higher than the rate of deposit.
  25. 25. Different schemes of term deposits1. Monthly interest scheme.2. Half yearly interest scheme.3. Reinvestment plan wherein the interest earned on deposit at the end of each quarter /half year is deemed to be invested and the depositor earns interest on principal and interest.
  26. 26. Recurring deposit• It is classified as term deposit and the depositor opts for depositing a fixed amount every month for a stated number of months. The rate of interest is same as in the case of fixed deposit.• At the request of depositor the bank will debit the customers operative account for the credit of recurring deposit every month.• The depositor can withdraw the balance prematurely or can raise a loan at the security of recurring deposit.
  27. 27. Tax deduction at source on interest (TDS)• Banks are statutorily required to deduct income tax (@ 10%+ 3 % education cess on tax so calculated) if the interest paid or accrued in all the deposits of a particular depositor exceeds Rs 10000/ in a financial year.• If the depositor does not furnish his PAN, in that case the bank will deduct TDS at 20% + 3% education cess on tax deducted.• There is no TDS on Savings Bank Account.• Banks will not deduct TDS in case the depositor gives a declaration in Form 15 G (15 H for senior citizens) in duplicate stating that the tax on estimated income of the recipient for the financial year will be NIL.
  28. 28. Introduction for opening a bank account• For opening an account particularly operating account in a bank, bank requires the customers to bring introduction from a customer known to the bank.• Banks incur great risk if they open an account without proper introduction.• Nomination is also encouraged.
  29. 29. Advancing of Loans• The second most primary function of a commercial bank is to ‘Lend’.• In fact lending and accepting deposit are bread and butter of a commercial banks.
  30. 30. Loans are given for• Consumption• Trade and Commerce• Agriculture• Small Scale Industries (SSIs)• Industrial Loans• Export or Imports• Vehicle• Housing and• you name and bank will tailor make the scheme to suit the class of borrowers
  31. 31. • Loans may be fund based or non-fund based (wherein bank guarantee or LC is issued)• Loan may be fixed duration- term loans In this case a fixed amount is given.• These loans are given to acquire some assets like, machinery, land and buildings, car, house etc.• This is repayable in equated monthly/quarterly/yearly installments along with monthly interest• The assets purchased out of bank finance are taken as security.
  32. 32. • Loans may be in the form of running account - cash credit or overdraft.• “Working capital needs” means funds required to meet day to day working of the borrower like buying raw materials, day – to- day expenses, wages and salaries etc.• Therefore to meet the needs of working capital (day to day requirement) amount given by a bank is in the form of running account.• The bank fixes the limit of the borrower. The borrower can withdraw the amount as per his requirements mainly for purchasing of goods, payment of expenses and sale proceeds is deposited by him.• The bank charges interest on the balance drawn by the borrower and not on the limit fixed. This way the borrower will be paying interest for the amount withdrawn and for the period it is withdrawn.
  33. 33. Bills Discounting/Cheque Discounting• A trader receives bill of exchange or cheque in settlement of his claim from the debtor.• The banker discounts or purchases the bills or cheques of their customers and provide him with funds which can be used by the borrower for meeting his working capital requirements.
  34. 34. Bills Discounting/Cheque Discounting• Example:• „A‟ a trader has sold goods to a trader „B‟ at Delhi for Rs 1 lac.• B‟ has given a cheque to „A‟ for Rs 1 lac for settlement of his dues. The cheque is drawn at Delhi.• If „A‟ deposits the same in his account it will take about 10 to 15 days for the cheque to be cleared as the cheque will be treated as outstation.• If „A‟ is in urgent need of funds he can request his banker to purchase the cheque.• The bank depending on the nature of dealing of „A‟ will purchase the cheque and after deducting bank‟s charges known as discount charges, give credit to „A‟.• Bank will send the cheque to Delhi for collection and after it is realized, clears its entry.• If the cheque is returned, bank will recover from „A‟.• This way the trader gets credit against their outstandings.
  35. 35. • Loans given by the banks are classified as secured, unsecured or partly secured.• If the banks have not taken any security then it is called unsecured (clean loan). Examples of unsecured loans are:1. Agriculture loans2. Educational loans etc
  36. 36. • In the case of unsecured loans the banker relies on the credit worthiness of the borrower and take one or more guarantor to ensure safety of the advance.• Secured loans are those loans against which the banker holds some security.• Partly secured loans are those where the value of security does not fully cover the amount of loan taken
  37. 37. • Bankers generally do not finance the full amount of the asset to be purchased but asks the borrower to bring a margin which varies from 10 to 15% depending on the type of security and the credit worthiness of the borrower.• The purpose of taking margin is to cover the fall in the value of security and also the increase in the amount of outstanding of the borrower on account of interest, if the borrower does not pay any amount.
  38. 38. Some Examples of Secured Loans Purpose Security Car/Vehicle Loan Car/Vehicle Housing Loans House Machinery Loans MachineryTelevision/ Refrigerator Television/ Refrigerator Loans Inventory Inventory
  39. 39. Bank Guarantee• In the case of Bank Guarantee the bank undertakes to pay the stated amount to the beneficiary of bank guarantee in case of default in meeting the obligation.• Example: Suppose „A‟ wants to get a machine manufactured from „B‟ for Rs 10 lac.• They are not regularly dealing with each other as machines are not bought everyday. The machine is suitable only for „A‟ and may not be of any use to any body else.• If „B‟ asks „A‟ to pay the cost of machine of Rs 10 lac before „B‟ starts manufacturing the machine.• „A‟ may not give because of fear if „B‟ does not manufacture or delay he will lose the money and have to litigate the matter for recovery.
  40. 40. • On the other hand if „B‟ starts manufacturing and later on „A does not take delivery and does not pay, „B‟ will suffer a great loss.• To mitigate the hardship „B‟ asks „A‟ to arrange for a bank guarantee in his favour for Rs 10 lacs.• In the Bank guarantee the bank will undertake to make payment to „B‟ if he delivers the machine to „A‟• In Bank Guarantee document, the conditions and date of delivery etc will be clearly written.• Bank will charge its commission for issuing bank guarantee.• Bank is not parting with the funds when they issue bank guarantee.• But bank has to part with the funds if „A‟ does not pay when the machine is delivered.• Banks issue Bank guarantee to their credit worthy borrowers and after taking suitable security.
  41. 41. Letter of Credit (L/C)• M/s ABC Ltd. an exporter of shirts to USA receives and order from M/s XYZ from USA.• In the normal course they have two options:• One is to ask M/s XYZ to send the money in advance so that the shirt may be sent.• This may not be accepted by the importer i.e. M/s XYZ as if M/s ABC does not send the shirts, they will suffer. There is risk on the part of importer.• Second option is to send the shirts and wait for the payment.• The importer M/s XYZ may delay or not send the payment or may even reject the goods leading to litigation in USA.• The risk is on the part of exporter.
  42. 42. • To mitigate the problem the exporter will request the importer to send a letter of credit from a reputed bank who will guarantee payment if the export is made and all the conditions governing the export is complied with.• This way the bank is undertaking to make payment. Bank is substituting the credit of borrower with his own credit.• This way neither the exporter will suffer due to lack of clarity on the credit worthiness of the importer nor the importer will suffer as the payment will be made only after the export has been done and all the conditions are complied with.• This is called non-fund based facility.
  43. 43. Principles of Lending
  44. 44. “Lending is an art not a science.”• This maxim indicates that there are no set rules or formulae to appraise loan applications providing cent percent results.• Appraisal, by whatever methods, can never be an exact or automatic process.• It will always remain more of an art than a science and it is through experience that a person becomes proficient in the art of lending.
  45. 45. Factors in LendingSystematic study of various factors shall help abanker in working out the feasibility of theproject and evaluating credit worthiness of theborrower although the risk can never be fullyeliminated in lending.
  46. 46. 5Ms• Man• Material• Market• Machine and• Money Under these five heads we shall examine various other aspects related to them.
  47. 47. Man The foremost and the most important aspect of appraisal is the man behind the scene i.e., the management.• The Character• Competence and• Capital
  48. 48. Character: Will he repay the loan?• In banking parlance, character is usually associated with the record of past payments of the party with the banker other creditors.• If past financial record is not good, it is better to drop the proposal even if good security is available.• A banker can bear with borrower who is not able to pay because of circumstances beyond his control but he cannot do with a borrower who is not willing to pay.
  49. 49. • In the absence of past record one has to see other traits of a borrower like frankness, reasonableness, patience, attitude towards risk and other entrepreneurial qualities.• An experienced banker can draw conclusions during the course of an interview.
  50. 50. Competence: Can he repay the loan? 1. Managerial Competence• It is a decisive factor influencing the failure or success of an enterprise.• Fluctuating availability of supplies, changing technology, rising prices, shifting tastes and stiff competition enlarge the role of management decision in success.
  51. 51. • In the era of competition the evaluation of the earning process and projections is not very reliable and the tendency to depend merely on the analysis of financial statements may not be free from risk unless supplemented by managerial competence.• No lender can possibly foresee all the future circumstances that will affect the fortune of the borrower. But if he is satisfied by the superior ability of the management, he can reduce the risk to a great extent.• Appraisal of management is the touch-stone of credit analysis.
  52. 52. 2. Technical CompetenceCapital: What is the owner’s stake in thebusiness?Capital indicates the financial resources availableat the borrower‟s end. From the banker‟s point ofview these resources can be classified into threedivisions, namely, margin, principal security andcollateral.
  53. 53. Margin• Margin is the amount invested by the borrower himself and is asked for, for providing protection to bankers against a possible decline in value. Thus, margin indicates the owner‟s stake, which very often governs his motivation.• A sound banking proposition requires the presence of some security in order to cover the risk in lending.• Such security can be of two types: (a) Principal security and (b) Additional security, popularly known as collateral.
  54. 54. The Principal Security• It is the main security consisting of goods, machinery etc created out of the funds lent.• It is quite natural that bank will like to create charge over such security in order to secure their advance. The charge can be in the form of pledge, hypothecation, assignment, mortgage, etc. If no charge is obtained, the advance can be considered as clean advance.
  55. 55. A good security should possess four qualities, namely:• Marketability• Ascertain ability of value• Stability of value• Transferability of ownership
  56. 56. The Collateral• When the principal security does not adequately cover the future risks, bankers do insist for collateral as a measure of protection.• The traditional banking laid lot of emphasis on collateral often paying little attention to other factors. But for small borrowers or small scale industries the approach suggested by the regulators is to go for need based lending rather than security based lending so that a good entrepreneur should not be denied the finance in the absence of security.
  57. 57. • No banker should begin with hypothesis that the repayment of loans shall come by the sale of collateral; rather it should come out of the generation of surplus.• If the collateral is available, it must be insisted upon as it will discourage the borrower from fraud and also create motivation.
  58. 58. MaterialThis head include not only availability of rawmaterial but also other infrastructural facilitieslike skilled labour, power or fuel, water,transport facilities, appropriate technology andproper location.
  59. 59. Raw Material• Raw material is one of the basic requirements of an industrial enterprise.• The availability of raw material whether imported or indigenous must be properly assessed.• A prudent lender shall always ensure that the enterprise will be able to get the required raw material at competitive rates.
  60. 60. Skilled LabourThere is no dearth of unskilled labour in anypart of the country. But some enterprisesrequire highly skilled labour, which may notbe available at all places.
  61. 61. Power and FuelAvailability of power and fuel is very muchessential for certain enterprises and in someindustries the requirement is uninterruptedpower.
  62. 62. WaterCertain enterprises like chemical unit or atannery require abundant supply of water.
  63. 63. Transport Facilities• Inadequate transport facilities can adversely affect an otherwise sound project.• Certain units, which have railway siding, save a lot on transportation costs and may fare better than those with transport bottlenecks.• Special care should be exercised while granting loans to projects in remote areas
  64. 64. Technology• Sometimes technical processes are adopted from abroad without due regard to differences in climatic, geographical and economic conditions.• If any imported technical process is involved, the technology has to be fully examined by a specialist agency, to ascertain whether it suits Indian conditions.
  65. 65. Location• The success of a project is also dependent on its proper location, yielding advantages like nearness to the source of raw material, market, skills, etc.• The importance of these aspects shall vary from product to product depending upon its nature and type.• Like cement or steel industry has to be near its raw material. In the case of sports goods and handicrafts, where skill is very important the unit should be at a place where skilled labour is available.
  66. 66. Market• An examination of this aspect is very important and any slackness in this regard may prove costly for the lender.• Even if the borrower is honest and competent and physical facilities are also available, if the final product is not saleable, all finance is bound to prove a waste.• For investigating the marketing potential, an examination of the following aspects may be required………
  67. 67. The Total Demand and Supply of the Product• The total demand and supply position of a product as envisaged by the borrower should be properly examined.
  68. 68. The Past Trend of Sales and Inventory Hold–UpsThe financial statements of the earlier yearsshall reveal the trends of sales, i.e., whetherthey are stagnant, increasing or decreasing.Increasing accumulation of finished goodsevery year may also indicate low saleabilityunless otherwise explained for.
  69. 69. The Stage in the life Cycle• Normally every enterprise during its lifetime passes through four stages, namely, infancy, growth, maturity and saturation or decline. During the “infancy” stage the enterprise will have low sales and a lot of teething problems too.• The financial requirements for long-term investments shall be high and the working capital will also be high as compared to volume of business.• This is like an „experimental stage „ and mortality rate is quite high.
  70. 70. • But if the project is well planned it will reach the growth stage during which the sales will grow very rapidly and an increased plant capacity will be utilized.• This can be called as the exploitation stage and due to rapid growth of sales the working capital requirement shall be high at this stage.
  71. 71. • Once the installed capacity is fully utilized, the enterprise may move to the maturity stage where the sales shall become stagnant, as they cannot be increased in spite of existing demand.• It affects the competitive strength of the enterprise.• Decline may also set in due to appearance of product substitutes or the saturation of demand.• The efficiency of a good management lies in forestalling the “maturity” or “decline” stage by taking suitable steps in advance.
  72. 72. The scope and Area of market• Some times the enterprise has orders from a department of the government and they are going ahead on the strength of that, the banker must examine its saleability otherwise also incase the Government department or any company user cancels the order the enterprise should not find it difficult to sell.• The contract between the parent company with the ancillary unit should be carefully examined.
  73. 73. The Nature of Competition• The competitive position of the enterprise needs to be examined in detail. This is possible only when details of other enterprises in the industry with regard to capacity utilization, age of plant and machinery, technology adopted, costs, prices etc. are also available.• These facts if available, shall help in making a comparative study for working out cost advantages and finding out the nature of competition within industry
  74. 74. • Besides examining the present marketing position of the product, the possible future market potential should also be examined.• Such estimates for future can never be wholly accurate or absolutely reliable. Even in developed countries where adequate data is available and the latest statistical techniques are employed for forecasts, they only prove as probable or at best approximations.• We can say that very accurate estimation is neither possible nor aimed at, but estimate may still help in approximating the range within which the demand for any product will vary.
  75. 75. Machinery• The banks have to examine the installed capacity as compared to the demand of the product.• Whether the technology used is appropriate not outdated. It should be examined that when the need is of low precision, a high caliber machine with high cost should not be installed, and vice versa.• This may be counter productive and uneconomical. The plant and machinery should have a balanced process with the least bottlenecks.
  76. 76. MoneyThe money is required for two purposes, i.e., toacquire capital assets, and to meet working capitalrequirements.The financial requirements for these two purposescan be partly met by own investment in the formof capital together with reserve funds, if any, andpartly by loans and advances from institutional aswell as non-institutional sources.For acquiring capital assets, either long term ormedium term loans may be required. These arecalled term loans.For working capital purposes, loans are requiredfor a short duration. It is called working capitalfacilities.
  77. 77. Term Loans• These are required to acquire capital assets like land and building, plant and machinery.• Large incorporated bodies will finance these by issuing equity, debts etc but the small firms have to depend on borrowings from banks and other term lending institutions for this purpose.• In the case of term loans, banks shall have to find out the probability of the borrower being able to meet the interest and the installment of the loan.
  78. 78. Working Capital Facilities/Short Term Loan• These are required to hold inventory consisting of raw materials, stores, work in process and the finished goods and debtors arising out of credit sales and also to meet other day-to-day obligations and expenses.• Some of these expenses are financed by creditors and also advance from suppliers. The difference is to be financed.
  79. 79. The banks because of their maturity pattern of deposits, which are mostly payable on demand and even there is provision for premature withdrawal of term deposits, prefer to grant working capital finance in the form of:1. Cash credit against hypothecation or pledge of stocks.2. Overdraft3. Bill discounting facility4. Loans against Book Debts.5. Working capital term loans.
  80. 80. 6. Non-fund based facilities in the form of letters of credit and bank guarantees.7. Export finance in the form of pre shipment credit and post shipment credit.• Banks do not finance whole of the working capital required but the borrower is required to bring in margin, which is generally to the extent of 25% but can be less also.• The principle is that the finance should not be excessive so as to give scope for diversion of funds and also should not be less as the enterprise may come to stand still.
  81. 81. Other Servicesoffered by banks
  82. 82. 1. Internet Banking2. Telephone Banking3. Mobile Banking4. On-line trading in shares5. Bills payment on- line6. Booking air/ railway tickets on- line7. Bills payment on-line8. Cash Management Services
  83. 83. 9. On-line remittance facility-RTGS/NEFT etc10. Sale of third party products – Mutual fund schemes/insurance11. Safe Custody12. Safe deposit vault13. Depository Services14. Tax payments on-line15. Counseling Services
  84. 84. Cash Management Services• In todays competitive market place, effective management of cash flows can make the difference between success and failure• The cash management product usually offers corporate customers fast track cheque collections, speedier release of funds and profitable funds management, at a reasonable cost• Payments received from buyers and made to suppliers of a corporate client are efficiently processed to optimize cash flow position and to ensure the effective management of business operating funds• The flow of receivables and payables can also usually be seen on-line.
  85. 85. Depository ServicesWith a view to adding value to bankingservices and making available the numerousbenefits of depository system to clients, banksin India offer Demat services through eitherDepositories viz. National SecuritiesDepository Limited (NSDL) or CentralDepository Services (India) Ltd. (CDSL) orboth by becoming a sub-participant.
  86. 86. Counseling Services The following are the usual objectives of counseling services provided by some banks.• Advising on gaining access to structured financial system including banking• Creating awareness among the public about financial management• Counseling people who are struggling to meet the repayment obligations and helping debt resolution• Helping in rehabilitation of borrowers in friendly and timely guidance not only to mitigate the immediate stress of the trapped individuals and their households, but also to help to infuse confidence in others who are in distress.
  87. 87. Relationship between banker and customer• The relation of debtor and creditor:• The relation of banker and customer is primarily that of debtor and creditor and the respective position is determined by the state of the account.• The money deposited in a bank becomes the property of the bank and is absolutely at its disposal.• The bank has to return the money to the customer on his demanding in a manner as agreed and as per the practice.• The bank is not required to return the same notes as were accepted.
  88. 88. Differences (Relationship of debtor and creditor)• The creditor (depositor) must demand payment• In the case of deposit in a bank, the debtor (bank) is not required to repay the amount on his own. It is essential that the depositor (creditor) must demand the payment of the deposit in a proper manner. If the bank returns the money on its own then the bank will be dishonoring the cheques of the customer.• According to statutory definition of banking, it is clearly stated that the deposits are payable on demand. This way the relationship of a banker and customer differs from the ordinary relationship of debtor and creditor.
  89. 89. Proper place and time of demand• The demand by the customer (creditor) must be made at a proper place and at a proper time. A bank may have number of branches but the depositor (creditor) has to make his demand at the same branch unless the bank has agreed to pay money at other places. The demand must be made during banking hours and on working days.
  90. 90. The demand must be made in proper manner• The demand for money must be made in a proper manner i.e., through cheque or by an order or in a mode, which is of common usage.• Nowadays the facility of ATMs are available where the amount can be withdrawn without cheques but one have to order the bank through machine after putting his password/PIN.
  91. 91. Banker as Trustee• Trustee is a person who holds valuables, articles or may be money in trust. Normally in the usual course of banking i.e., accepting deposits, the bank is not a trustee otherwise he has to return the money in the same form, same notes as were accepted by them.• The example of trustee is that when a customer deposits his securities or other valuables with the bank.
  92. 92. Banker as Trustee• The position of the bank, whether he is a trustee or debtor depends on the circumstances of each case• The relationship between the banker and customer as a trustee and beneficiary depends on the specific instruction given by him to the bank regarding the purpose and use of money and documents entrusted to the banker.
  93. 93. Banker as agent• When a banker buys or sells securities on behalf of his customer, he performs an agency function. Similarly, when he collects cheques, dividends, bills or promissory notes on behalf of his customer, he acts as his agent.• Besides he may also act in other agency capacities, for example, as trustee, attorney, executor, correspondent or a representative.

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