PPT on "Relationship between Banker and Customer" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Indian Banking PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
This document discusses the relationship between banks and their customers. It outlines that banks core business is accepting deposits from the public and utilizing those deposits to lend to borrowers or make investments. There are two types of deposits - demand deposits which are payable on demand like current accounts, and time deposits which are held for a specified period of time. The document then discusses the various roles and relationships that exist between banks and customers such as debtor-creditor, principal-agent, bailee-bailor, and more. It also outlines the rights and obligations of both banks and customers in the relationship.
The relationship between a bank and its customers can be general or special. Generally, it is that of debtor-creditor, with the bank as trustee and custodian of customers' assets. The general relationship also makes the bank an agent and bailor of customers' goods. Specifically, banks have obligations to maintain secrecy of accounts, honor checks drawn by customers, pay bills as instructed, provide proper services, and submit account statements periodically. Banks have corresponding rights like lien over customers' assets, set-off of accounts, appropriation of payments, and charging interest. The relationship ends upon death or insolvency of a customer, voluntary account closure, or completion of the specific transaction or contract.
This document discusses key definitions and concepts related to banking law and the banker-customer relationship in India. It defines a banker according to Sir John Paget and defines a customer based on the "duration theory". It outlines general characteristics of the banker-customer relationship including that the banker is a privileged debtor, has the right of set-off, and can lend deposited funds. It also discusses special characteristics such as the banker's obligation to honor checks, maintain account secrecy, exercise lien, and charge incidental fees. The document provides context and examples for understanding these important banking law concepts in India.
The obligation of a banker to honour his customer’s cheque is extinguished (not accepted or clear) on receipt of an order of the Court, known as the Garnishee order, issued under Order 21, Rule 46 of the Code of Civil Procedure, 1908.
A court order instructing a garnishee (a bank) that funds held on behalf of a debtor (the judgement debtor) should not be released until directed by the court. The order may also instruct the bank to pay a given sum to the judgement creditor (the person to whom a debt is owed by the judgement debtor) from these funds.
If the debtor fails to pay the debt owned by him to his creditor, the latter may apply to the court for the issue of a garnshee order on the banker of his debtor.
The account of the customer with the banker, thus, becomes suspended and the banker is under an obligation not to make any payment thereof.
The creditor at whose request the order is issued is called the judgment creditor; the debtor whose money is frozen is called judgment debtor and the banker who is the debtor of the judgment debtor is called the Garnishee.
The Garnishee order is issued in two parts
The court directs the banker to stop payment out of the account of the judgement-debtor
ORDER NISHI
After the bank file his explanation, if any, the court may issue the final order, called ORDER ABSOLUTE
This document discusses the relationship between bankers and their customers, including their mutual rights and duties. It defines a banker as a financial institution that accepts deposits and lends money, and a customer as a person who has an account with a bank. The relationship can take several forms - debtor/creditor when a customer deposits money; bailor/bailee for safe deposit services; principal/agent when the bank acts on a customer's behalf; and trustee/beneficiary if a customer deposits securities for safekeeping. Mutual rights include set-off, appropriation, and charging interest on loans. Mutual duties include maintaining secrecy, honoring checks, following instructions, providing proper service, and submitting account statements.
The document discusses the banker-customer relationship under Indian law. It defines key concepts like banking, the contractual relationship that arises from opening an account, implied terms of the contract, duties and rights of both parties, termination of the contract, banker's lien and right of set-off. It also covers exceptions to the banker's duty of confidentiality, implied duties of care, and the effects of insolvency on the relationship.
This document provides an overview of banking law and operations. It defines key terms like bank, banker, and banking. It describes the characteristics and functions of banks, including their primary functions of accepting deposits and granting credit, as well as subsidiary functions like buying/selling securities. The document defines customer and explores the general and special relationships between bankers and customers. It examines obligations like honoring checks, maintaining secrecy, and following customer directions. The document concludes by outlining some rights and duties of bankers, such as the right of lien and the right to charge interest.
This document discusses the relationship between banks and their customers. It outlines that banks core business is accepting deposits from the public and utilizing those deposits to lend to borrowers or make investments. There are two types of deposits - demand deposits which are payable on demand like current accounts, and time deposits which are held for a specified period of time. The document then discusses the various roles and relationships that exist between banks and customers such as debtor-creditor, principal-agent, bailee-bailor, and more. It also outlines the rights and obligations of both banks and customers in the relationship.
The relationship between a bank and its customers can be general or special. Generally, it is that of debtor-creditor, with the bank as trustee and custodian of customers' assets. The general relationship also makes the bank an agent and bailor of customers' goods. Specifically, banks have obligations to maintain secrecy of accounts, honor checks drawn by customers, pay bills as instructed, provide proper services, and submit account statements periodically. Banks have corresponding rights like lien over customers' assets, set-off of accounts, appropriation of payments, and charging interest. The relationship ends upon death or insolvency of a customer, voluntary account closure, or completion of the specific transaction or contract.
This document discusses key definitions and concepts related to banking law and the banker-customer relationship in India. It defines a banker according to Sir John Paget and defines a customer based on the "duration theory". It outlines general characteristics of the banker-customer relationship including that the banker is a privileged debtor, has the right of set-off, and can lend deposited funds. It also discusses special characteristics such as the banker's obligation to honor checks, maintain account secrecy, exercise lien, and charge incidental fees. The document provides context and examples for understanding these important banking law concepts in India.
The obligation of a banker to honour his customer’s cheque is extinguished (not accepted or clear) on receipt of an order of the Court, known as the Garnishee order, issued under Order 21, Rule 46 of the Code of Civil Procedure, 1908.
A court order instructing a garnishee (a bank) that funds held on behalf of a debtor (the judgement debtor) should not be released until directed by the court. The order may also instruct the bank to pay a given sum to the judgement creditor (the person to whom a debt is owed by the judgement debtor) from these funds.
If the debtor fails to pay the debt owned by him to his creditor, the latter may apply to the court for the issue of a garnshee order on the banker of his debtor.
The account of the customer with the banker, thus, becomes suspended and the banker is under an obligation not to make any payment thereof.
The creditor at whose request the order is issued is called the judgment creditor; the debtor whose money is frozen is called judgment debtor and the banker who is the debtor of the judgment debtor is called the Garnishee.
The Garnishee order is issued in two parts
The court directs the banker to stop payment out of the account of the judgement-debtor
ORDER NISHI
After the bank file his explanation, if any, the court may issue the final order, called ORDER ABSOLUTE
This document discusses the relationship between bankers and their customers, including their mutual rights and duties. It defines a banker as a financial institution that accepts deposits and lends money, and a customer as a person who has an account with a bank. The relationship can take several forms - debtor/creditor when a customer deposits money; bailor/bailee for safe deposit services; principal/agent when the bank acts on a customer's behalf; and trustee/beneficiary if a customer deposits securities for safekeeping. Mutual rights include set-off, appropriation, and charging interest on loans. Mutual duties include maintaining secrecy, honoring checks, following instructions, providing proper service, and submitting account statements.
The document discusses the banker-customer relationship under Indian law. It defines key concepts like banking, the contractual relationship that arises from opening an account, implied terms of the contract, duties and rights of both parties, termination of the contract, banker's lien and right of set-off. It also covers exceptions to the banker's duty of confidentiality, implied duties of care, and the effects of insolvency on the relationship.
This document provides an overview of banking law and operations. It defines key terms like bank, banker, and banking. It describes the characteristics and functions of banks, including their primary functions of accepting deposits and granting credit, as well as subsidiary functions like buying/selling securities. The document defines customer and explores the general and special relationships between bankers and customers. It examines obligations like honoring checks, maintaining secrecy, and following customer directions. The document concludes by outlining some rights and duties of bankers, such as the right of lien and the right to charge interest.
The relationship between a banker and a customer can take several forms depending on the type of account or transaction. The main relationships include:
1. Creditor-debtor, with the customer as creditor and banker as debtor for deposit accounts.
2. Debtor-creditor, with the roles reversed for loan accounts where the customer is the debtor.
3. Trustee-beneficiary for safe deposit accounts, where the banker acts as trustee for items kept for safekeeping.
The banker also has obligations to maintain customer confidentiality and honor checks properly presented, while customers must abide by terms of accounts like joint accounts.
The relationship between a banker and customer arises from a contractual agreement. A banker can terminate this relationship by closing an undesirable customer's account. An undesirable customer is one who frequently issues bounced checks, fails to maintain minimum balances, or issues post-dated checks. The banker must provide notice and allow the customer time to close the account or withdraw funds before forcibly closing it. The relationship can also end through mutual agreement, death or incapacity of the customer, insolvency, court orders assigning the account balance, or bankruptcy proceedings against the customer.
Bankers have a duty of secrecy to keep their customers' affairs confidential, even after an account is closed or the customer passes away. This duty is a legal obligation, and breaching it could result in damages. There are some exceptions to this duty of secrecy, including when disclosure is compelled by law, such as responding to a court summons. Disclosure may also be allowed where there is a duty to the public or where the bank's interests require it, such as informing a guarantor when trying to recover debts. Disclosure with a customer's express or implied consent is also permitted.
A garnishee order issued by a court suspends a banker's obligation to honor the checks of a customer. If a customer fails to repay a loan, the lender can request the court issue a garnishee order directing the bank not to make payments from the customer's account. The garnishee order is issued in two phases - first an order nisi is sent to the bank, then if the bank has no objections an order absolute is issued, allowing the debt to be paid to the lender from the customer's account and discharging the bank's obligation to the customer.
The document discusses the banker-customer relationship. It defines a banker as someone who receives deposits and honors cheques/drafts subject to fund availability. A customer is anyone who has an account with the bank.
The key relationships between a banker and customer are:
1) Creditor-debtor, with the customer as creditor when making deposits, and debtor when taking loans
2) Principal-agent, when the bank provides services like bill payments on behalf of the customer
3) Other special relationships can include bailee-bailor for safe deposit boxes, pawnee-pawner for assets pledged as collateral.
The bank has obligations to maintain customer confidentiality, honor checks
The document discusses the relationship between bankers and customers. It defines a banker as a person who receives money from customers and repays it on demand. A customer is a person who has an account, either deposit or current, with the banker.
The relationship is contractual, with the banker as debtor and the customer as creditor. However, the roles can be reversed if the banker lends money to the customer. The relationship also involves aspects of an agency with obligations and rights on both sides.
The document outlines circumstances when a banker must or may dishonor a customer's cheque, as well as protections afforded to paying and collecting bankers.
The document discusses key definitions and concepts relating to the banker-customer relationship under UK law, including:
1) The definition of a bank focuses on collecting deposits, paying cheques, and keeping customer accounts. A customer relationship is formed upon account opening.
2) Regulations include various Banking Codes covering retail, business, and mortgage customers. The Data Protection Act governs use of customer data.
3) Key implied terms in the banker-customer contract include duties to repay deposits, honour valid instructions, give notice before account closure, and maintain confidentiality of customer information.
The document discusses the various types of relationships that exist between a banker and a customer. It outlines the different types of transactions such as deposits, loans, cheque collection, standing instructions, purchase of demand drafts/money transfers, safe custody of articles, and safe deposit lockers. For each transaction type, it explains the nature of the legal relationship between the banker and the customer, such as debtor-creditor, creditor-debtor, agent-principal, bailee-bailor, and lessor-lessee. The document also addresses questions related to closing an undesirable account, limitation period for savings bank accounts, termination of the banker-customer relationship, and rights regarding unsatisfactory accounts.
This document discusses key concepts in banking law and practice. It defines banking as accepting deposits from the public that are repayable on demand and withdrawable by check or similar means. A banker is a person who manages banking transactions, while a customer has an account with a bank. Banks offer services like accepting deposits, lending money, check collection, money transfers, safe deposit boxes, and more. In their roles, banks act as debtors to depositors, creditors to borrowers, trustees for items held in safe deposit, and agents in performing transactions for customers.
This document discusses the legal relationship between banks and their customers in the UK. It begins by defining what constitutes a bank and a customer according to common law. It then outlines several codes of practice and laws governing data protection, contracts, implied terms, duties and rights. Specific topics covered include banking codes, data protection, contracts between banks and customers, implied terms, duties of banks and customers, confidentiality, combination of accounts and set off rights.
This document summarizes the key policies and procedures for bank accounts. It discusses opening new accounts, including obtaining proper identification and signatures. It also covers specific account types like minor accounts, married women accounts, and joint husband-wife accounts. The document outlines the procedures for handling special situations like customer death, lunacy, insolvency, or bankruptcy. It emphasizes the importance of verifying customer information, stopping account access in certain situations, and obtaining proper authorization for payments and changes.
The document discusses the various types of relationships that can exist between a bank and its customers. It describes a banker as a dealer in capital who acts as an intermediary by borrowing from depositors and lending to others. A customer is defined as a person who has an account with the bank. The core relationships discussed are that of creditor-debtor when a customer deposits money, and debtor-creditor when a customer borrows from the bank. The document also outlines other relationships such as principal-agent, trustee-beneficiary, pawnee-pawner, mortgagee-mortgagor, and guarantor-guarantee.
This document discusses the banker-customer relationship and the duties and rights of both parties. It covers topics such as:
- The definition of banking and what constitutes a customer relationship
- The types of transactions between a banker and customer and the roles each play (e.g. debtor, creditor)
- The duties of a banker including honoring checks, maintaining secrecy, and rendering accounts
- Exceptions where a banker can disclose customer information or break secrecy
- The rights of a banker including lien, set-off, and appropriation
- When the relationship can be terminated and the customer's corresponding duties
1. The document discusses the relationship between bankers and customers. It defines a banker as a person who provides financial banking services and works in a bank. A customer is the recipient of goods, services, or products from a seller or supplier via a financial transaction.
2. The relationship between bankers and customers involves different roles - debtor and creditor when a customer deposits money in their bank account, pledger and pledgee when a customer pledges assets for a loan, and agent and principal when a banker performs services on a customer's behalf like buying securities.
3. Bankers also have obligations to customers like honoring checks if funds are available, maintaining secrecy of customer accounts, and charging incidental fees for
The paying banker is responsible for honoring customer checks when sufficient funds are available. However, the banker must take precautions and ensure checks are valid before payment by verifying details like the form, date, amount, signatures, endorsements and for any alterations. The banker should also consider legal restrictions or orders to stop payment from the customer. Some key duties of the paying banker include verifying funds availability, checking for proper formatting of checks and adhering to the order of received checks when funds are insufficient.
There are several special types of banking customers including minors, married women, drunkards, lunatics, partnership firms, joint accounts, and joint stock companies. Minors require a parent or guardian's assistance to open an account. Lunatics and drunkards may not be able to enter into contracts validly. Illiterate customers require thumbprints and photographs for identification. Married women can open personal accounts. Partnership firm and joint stock company accounts should be opened in the name of the business rather than individuals.
The relationship between bankers and customers is important, as they both serve society and the economy. A banker is defined as accepting deposits from the public that are repayable on demand. A customer maintains an account with the bank.
The relationship involves general debtor-creditor aspects, with the bank as debtor owing the customer's deposit. Special relationships also exist, such as bailor-bailee. Customers have duties like timely check presentation and care of checkbooks. Banks have duties like honoring checks and maintaining account secrecy. Both parties have corresponding rights around accounts, compensation, and services.
Finance and banking play a key role in modern business and economic development. The document discusses various aspects of the banker-customer relationship including general relationships as debtor-creditor and special relationships as agent-principal or trustee-beneficiary. It also covers the roles and duties of collecting bankers who undertake cheque collection and paying bankers who honor cheques drawn on their banks.
Bank reconciliation is the process of matching account balances in a company's records to the corresponding bank statement. This is done to equalize any differences between the two balances. Reasons for differences can include outstanding checks that have been written but not yet cashed, or deposits made but not processed by the bank in time to be included in the current statement. Performing regular bank reconciliations helps ensure accurate accounting records.
A banker is an organization that accepts deposits from the public and uses those funds to lend or invest. A customer is anyone who has an account with the bank. The relationship between a banker and customer takes on several roles - debtor-creditor when the bank accepts deposits, trustee-beneficiary when the bank manages a customer's money, agent-principal when the bank acts on a customer's behalf, bailee-bailor regarding safe deposit boxes, and lessor-lessee regarding locker rentals. Bankers have obligations to honor checks, maintain secrecy, and protect against employee fraud. They also have rights like bankers' liens, setoff of accounts, and appropriation of deposits in the absence of instructions
The relationship between a banker and a customer can take several forms depending on the type of account or transaction. The main relationships include:
1. Creditor-debtor, with the customer as creditor and banker as debtor for deposit accounts.
2. Debtor-creditor, with the roles reversed for loan accounts where the customer is the debtor.
3. Trustee-beneficiary for safe deposit accounts, where the banker acts as trustee for items kept for safekeeping.
The banker also has obligations to maintain customer confidentiality and honor checks properly presented, while customers must abide by terms of accounts like joint accounts.
The relationship between a banker and customer arises from a contractual agreement. A banker can terminate this relationship by closing an undesirable customer's account. An undesirable customer is one who frequently issues bounced checks, fails to maintain minimum balances, or issues post-dated checks. The banker must provide notice and allow the customer time to close the account or withdraw funds before forcibly closing it. The relationship can also end through mutual agreement, death or incapacity of the customer, insolvency, court orders assigning the account balance, or bankruptcy proceedings against the customer.
Bankers have a duty of secrecy to keep their customers' affairs confidential, even after an account is closed or the customer passes away. This duty is a legal obligation, and breaching it could result in damages. There are some exceptions to this duty of secrecy, including when disclosure is compelled by law, such as responding to a court summons. Disclosure may also be allowed where there is a duty to the public or where the bank's interests require it, such as informing a guarantor when trying to recover debts. Disclosure with a customer's express or implied consent is also permitted.
A garnishee order issued by a court suspends a banker's obligation to honor the checks of a customer. If a customer fails to repay a loan, the lender can request the court issue a garnishee order directing the bank not to make payments from the customer's account. The garnishee order is issued in two phases - first an order nisi is sent to the bank, then if the bank has no objections an order absolute is issued, allowing the debt to be paid to the lender from the customer's account and discharging the bank's obligation to the customer.
The document discusses the banker-customer relationship. It defines a banker as someone who receives deposits and honors cheques/drafts subject to fund availability. A customer is anyone who has an account with the bank.
The key relationships between a banker and customer are:
1) Creditor-debtor, with the customer as creditor when making deposits, and debtor when taking loans
2) Principal-agent, when the bank provides services like bill payments on behalf of the customer
3) Other special relationships can include bailee-bailor for safe deposit boxes, pawnee-pawner for assets pledged as collateral.
The bank has obligations to maintain customer confidentiality, honor checks
The document discusses the relationship between bankers and customers. It defines a banker as a person who receives money from customers and repays it on demand. A customer is a person who has an account, either deposit or current, with the banker.
The relationship is contractual, with the banker as debtor and the customer as creditor. However, the roles can be reversed if the banker lends money to the customer. The relationship also involves aspects of an agency with obligations and rights on both sides.
The document outlines circumstances when a banker must or may dishonor a customer's cheque, as well as protections afforded to paying and collecting bankers.
The document discusses key definitions and concepts relating to the banker-customer relationship under UK law, including:
1) The definition of a bank focuses on collecting deposits, paying cheques, and keeping customer accounts. A customer relationship is formed upon account opening.
2) Regulations include various Banking Codes covering retail, business, and mortgage customers. The Data Protection Act governs use of customer data.
3) Key implied terms in the banker-customer contract include duties to repay deposits, honour valid instructions, give notice before account closure, and maintain confidentiality of customer information.
The document discusses the various types of relationships that exist between a banker and a customer. It outlines the different types of transactions such as deposits, loans, cheque collection, standing instructions, purchase of demand drafts/money transfers, safe custody of articles, and safe deposit lockers. For each transaction type, it explains the nature of the legal relationship between the banker and the customer, such as debtor-creditor, creditor-debtor, agent-principal, bailee-bailor, and lessor-lessee. The document also addresses questions related to closing an undesirable account, limitation period for savings bank accounts, termination of the banker-customer relationship, and rights regarding unsatisfactory accounts.
This document discusses key concepts in banking law and practice. It defines banking as accepting deposits from the public that are repayable on demand and withdrawable by check or similar means. A banker is a person who manages banking transactions, while a customer has an account with a bank. Banks offer services like accepting deposits, lending money, check collection, money transfers, safe deposit boxes, and more. In their roles, banks act as debtors to depositors, creditors to borrowers, trustees for items held in safe deposit, and agents in performing transactions for customers.
This document discusses the legal relationship between banks and their customers in the UK. It begins by defining what constitutes a bank and a customer according to common law. It then outlines several codes of practice and laws governing data protection, contracts, implied terms, duties and rights. Specific topics covered include banking codes, data protection, contracts between banks and customers, implied terms, duties of banks and customers, confidentiality, combination of accounts and set off rights.
This document summarizes the key policies and procedures for bank accounts. It discusses opening new accounts, including obtaining proper identification and signatures. It also covers specific account types like minor accounts, married women accounts, and joint husband-wife accounts. The document outlines the procedures for handling special situations like customer death, lunacy, insolvency, or bankruptcy. It emphasizes the importance of verifying customer information, stopping account access in certain situations, and obtaining proper authorization for payments and changes.
The document discusses the various types of relationships that can exist between a bank and its customers. It describes a banker as a dealer in capital who acts as an intermediary by borrowing from depositors and lending to others. A customer is defined as a person who has an account with the bank. The core relationships discussed are that of creditor-debtor when a customer deposits money, and debtor-creditor when a customer borrows from the bank. The document also outlines other relationships such as principal-agent, trustee-beneficiary, pawnee-pawner, mortgagee-mortgagor, and guarantor-guarantee.
This document discusses the banker-customer relationship and the duties and rights of both parties. It covers topics such as:
- The definition of banking and what constitutes a customer relationship
- The types of transactions between a banker and customer and the roles each play (e.g. debtor, creditor)
- The duties of a banker including honoring checks, maintaining secrecy, and rendering accounts
- Exceptions where a banker can disclose customer information or break secrecy
- The rights of a banker including lien, set-off, and appropriation
- When the relationship can be terminated and the customer's corresponding duties
1. The document discusses the relationship between bankers and customers. It defines a banker as a person who provides financial banking services and works in a bank. A customer is the recipient of goods, services, or products from a seller or supplier via a financial transaction.
2. The relationship between bankers and customers involves different roles - debtor and creditor when a customer deposits money in their bank account, pledger and pledgee when a customer pledges assets for a loan, and agent and principal when a banker performs services on a customer's behalf like buying securities.
3. Bankers also have obligations to customers like honoring checks if funds are available, maintaining secrecy of customer accounts, and charging incidental fees for
The paying banker is responsible for honoring customer checks when sufficient funds are available. However, the banker must take precautions and ensure checks are valid before payment by verifying details like the form, date, amount, signatures, endorsements and for any alterations. The banker should also consider legal restrictions or orders to stop payment from the customer. Some key duties of the paying banker include verifying funds availability, checking for proper formatting of checks and adhering to the order of received checks when funds are insufficient.
There are several special types of banking customers including minors, married women, drunkards, lunatics, partnership firms, joint accounts, and joint stock companies. Minors require a parent or guardian's assistance to open an account. Lunatics and drunkards may not be able to enter into contracts validly. Illiterate customers require thumbprints and photographs for identification. Married women can open personal accounts. Partnership firm and joint stock company accounts should be opened in the name of the business rather than individuals.
The relationship between bankers and customers is important, as they both serve society and the economy. A banker is defined as accepting deposits from the public that are repayable on demand. A customer maintains an account with the bank.
The relationship involves general debtor-creditor aspects, with the bank as debtor owing the customer's deposit. Special relationships also exist, such as bailor-bailee. Customers have duties like timely check presentation and care of checkbooks. Banks have duties like honoring checks and maintaining account secrecy. Both parties have corresponding rights around accounts, compensation, and services.
Finance and banking play a key role in modern business and economic development. The document discusses various aspects of the banker-customer relationship including general relationships as debtor-creditor and special relationships as agent-principal or trustee-beneficiary. It also covers the roles and duties of collecting bankers who undertake cheque collection and paying bankers who honor cheques drawn on their banks.
Bank reconciliation is the process of matching account balances in a company's records to the corresponding bank statement. This is done to equalize any differences between the two balances. Reasons for differences can include outstanding checks that have been written but not yet cashed, or deposits made but not processed by the bank in time to be included in the current statement. Performing regular bank reconciliations helps ensure accurate accounting records.
A banker is an organization that accepts deposits from the public and uses those funds to lend or invest. A customer is anyone who has an account with the bank. The relationship between a banker and customer takes on several roles - debtor-creditor when the bank accepts deposits, trustee-beneficiary when the bank manages a customer's money, agent-principal when the bank acts on a customer's behalf, bailee-bailor regarding safe deposit boxes, and lessor-lessee regarding locker rentals. Bankers have obligations to honor checks, maintain secrecy, and protect against employee fraud. They also have rights like bankers' liens, setoff of accounts, and appropriation of deposits in the absence of instructions
02 banker customer realtion ship and special types of accountsVikash Kumar-IB
Retail banking provides mass-market banking services to individual customers through local branches. It aims to offer a wide range of financial products like savings and checking accounts, loans, credit/debit cards, and investments. Retail banks also provide services like wealth management. Key products offered are various loan types, deposit accounts, debit cards, mutual funds, insurance, and bill payment services. The relationship between a banker and customer involves obligations on both sides. A customer is defined as someone who opens and maintains an account. Know Your Customer norms require identity and address proof documents from new customers.
elationship between banker and customer
,
definition of a banker and customer
,
definition of banking
,
general relationship between banker and customer
,
relationship as debtor and creditor
,
special relationship: banker as trustee
,
pawner and pawnee
,
bailer and bailment relationship
,
mortgager and mortgagee relationship
,
executer
,
attorney
,
guarantor
,
duties of a customer
,
rights and duties of the banker towards the custom
,
rights of a banker
,
garnishee order
The document discusses key concepts related to banking, including:
1) The definition of a banker according to banking law as someone who accepts deposits for lending and investment.
2) The definition of a customer as someone who has an account or relationship with a bank, which can now include a single transaction.
3) The two types of relationships between bankers and customers - general relationships as debtor-creditor, trustee-beneficiary, and special relationships which include obligations around honoring checks and maintaining secrecy.
4) Several special rights of bankers including lien, appropriation, set-off, and charging interest.
Bankers have important rights and obligations regarding their customers. Some key rights include the right of lien, which allows bankers to retain customer goods/securities until debts are repaid, and the right of set-off, which lets bankers adjust debit and credit balances in different customer accounts. Bankers also have obligations like honoring customer checks if sufficient funds are available and maintaining secrecy of customer accounts, though some disclosure is permitted by law or to protect the banker's interests.
The document defines key terms related to banking. It describes banking as accepting deposits from the public that are repayable on demand, and lending or investing that money. A customer is a person who has a bank account and the bank provides regular banking services to them. The relationship between a banker and customer involves different roles - as debtor and creditor based on accounts, as trustee for certain transactions, and as an agent when performing services for the customer like collecting checks. Bankers have obligations to honor customers' checks if certain conditions are met, and to maintain secrecy of customer accounts with some reasonable exceptions.
A banker is defined as a body corporate that accepts deposits from the public, lends money, invests deposited funds, and allows withdrawals. A customer is an individual or organization that conducts banking transactions. There are four types of customers: existing account holders, former account holders, non-account visitors, and prospective account holders. The core relationship between a banker and customer is that of debtor and creditor when a deposit is made, and creditor and debtor when a loan is given. Additional relationships include bailee and bailor regarding secured assets, and agent and principal regarding services performed on a customer's behalf.
The document discusses the roles and responsibilities of a collecting banker when handling cheque collections. It outlines that a collecting banker can act either as a holder for value or as an agent of the customer. As a holder for value, the collecting banker enjoys rights similar to a holder in due course. As an agent, the banker must take precautions to avoid liability for conversion. The document also discusses the statutory protection provided to collecting bankers under Section 131 of the Negotiable Instruments Act if they collect payment in good faith and without negligence. It provides examples of negligence and outlines various duties and precautions collecting bankers must follow.
Chapter 24: Introduction to Negotiable Instruments Tara Kissel, M.Ed
This document provides an overview of negotiable instruments and the bank collection process in 6 chapters. It defines types of commercial paper like notes, drafts, checks and certificates of deposit. It describes the roles of banks in the collection process and the rights and responsibilities of banks and depositors, including issues like wrongful dishonor, stop-payment orders, and customers' duty to examine statements. Key topics covered include negotiability requirements, terminology, the collection timeline and process, and applicable laws governing electronic funds transfers.
The document defines key terms related to banking, including the definition of a banker, customer, and their relationship. It provides definitions from legal sources for a banker as someone who accepts deposits and pays checks. A customer must have a bank account and regular banking transactions.
The relationship between a banker and customer is contractual and includes general relationships as debtor-creditor when a customer deposits money, and creditor-debtor when a customer borrows. Special relationships can include trustee-beneficiary, bailee-bailor, lessor-lessee, agent-principal, pledger-pledgee, and mortgagor-mortgagee.
The relationship is terminated by death, insolvency
This document discusses banking and banking concepts such as cheques. It begins by defining banking and explaining the relationship between bankers and customers. It then discusses the primary functions of banks in accepting deposits and lending loans. The document also covers cheque related concepts like crossing, dishonour and types of dishonour. It distinguishes between bills of exchange and cheques. In summary, the document provides an overview of key banking and cheque concepts.
This document discusses banking and banking concepts such as cheques. It begins by defining banking and explaining the relationship between bankers and customers. It then discusses the key functions of banks including accepting deposits and lending loans. The document also covers types of accounts, loans, and other banking services. It defines what a cheque is and explores concepts like crossing, dishonouring, and different types of dishonour of cheques. The rights and duties of both customers and bankers are also summarized.
This document discusses key concepts related to banking. It begins by defining what a bank is - a financial institution where customers can save or borrow money. It then outlines some of the principal functions of banks such as receiving deposits, paying interest, making loans, and more. The document also defines related terms like banking, banker, and customer. It discusses the objectives and characteristics of banking business. Finally, it covers topics like the classification of banks, the relationship between bankers and customers, and obligations of bankers.
The document discusses the relationship between bankers and customers. It defines key terms like banker, customer, and the different types of relationships that can exist between them such as creditor-debtor, trustee-beneficiary, principal-agent, and lessee-lessor. It outlines the obligations of banks to customers like honoring checks and maintaining secrecy. It also describes the rights of bankers including lien and set-off. Special types of customers like minors, drunkards, lunatics, partnerships and companies are also discussed.
The document discusses the relationship between bankers and customers. It defines key terms like banker, customer, and the various types of relationships that can exist between them such as creditor-debtor, debtor-creditor, beneficiary-trustee, and principal-agent. It also outlines the obligations of banks, rights of bankers, special types of customers like minors and partnerships, and principles of lending.
The relationship between a banker and customer is contractual in nature, governed by the Negotiable Instruments Act and Indian Contract Act. A customer is anyone who opens an account with a bank.
The essence of the relationship is the bank's obligation to honor the customer's cheques, as long as sufficient funds are available. The banker acts as a debtor to the customer creditor, and has duties of confidentiality, honoring cheques, and supplying account statements.
The banker can dishonor cheques in certain situations like insufficient funds, ambiguity, or notice of customer death. A paying banker makes payment on a cheque, while a collecting banker receives payment on behalf of a customer. Collecting bankers have protection from liability
The document discusses the roles and responsibilities of collecting bankers and paying bankers when dealing with cheques. It outlines two options a customer has when receiving a cheque - depositing it directly or sending it to their banker for collection. It explains that a collecting banker can act as a holder for value or as an agent, and describes the conditions under which they are considered a holder for value. The duties of paying bankers to verify cheque details and ensure sufficient funds are also reviewed. Statutory protections for collecting and paying bankers are discussed if they act in good faith and without negligence.
The document discusses the roles and responsibilities of collecting bankers and paying bankers when dealing with cheques. It outlines two options a customer has when receiving a cheque - depositing it directly or sending it to their banker for collection. It explains that a collecting banker can act as a holder for value or as an agent, and describes the conditions under which they are considered a holder for value. The duties of paying bankers to verify cheque details and ensure sufficient funds are also summarized. Finally, it discusses the statutory protections provided to collecting and paying bankers if they act in good faith and without negligence.
Similar to Unit 2 "Indian Banking and Financial System" (Part 2) - Sandeep Sharma (20)
RBSE 'Class-12' (B.St - Ch 3 - Part 2) Principles & Techniques of Management ...Sandeep Sharma
PPT on "Principles & Techniques of Management, Chapter - 3" (PART-2) for Class 12th students, RBSE Board English Medium.
Business Studies PPT by Sandeep Sharma.
Meaning with suitable Definitions, Examples, Nature, Characteristics, Functions of Management.
You can also visit our YouTube Channel:-
https://www.youtube.com/c/SandeepSharmaPBG
PPT on "Management: Process, Managerial Role & Levels, Chapter - 2" for Class 12th students, RBSE Board English Medium.
Business Studies PPT by Sandeep Sharma.
Meaning with suitable Definitions, Examples, Nature, Characteristics, Functions of Management.
RBSE 'Class-12' (Economics - Ch 1) Introduction to Economics by Sandeep SharmaSandeep Sharma
PPT on "Chapter-1, Introduction to Economics" for Class 12th students, RBSE Board English Medium.
Economics PPT by Sandeep Sharma.
Meaning with suitable Definitions, Examples, Diagrams & Explanations.
Dear Students,
It was a great year with you all, & now i really miss you.
My best Wishes are with you for your Final Exams.
Do your Best.
Thanks,
Sandeep Sharma.
PPT on "Indian Partnership Act, 1932" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
Unit 2 "Indian Banking and Financial System" - Sandeep SharmaSandeep Sharma
PPT on "E Banking & Mobile Banking" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Indian Banking PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
"Consumer protection act, 1986" - Business LawSandeep Sharma
PPT on "Consumer protection act, 1986" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
"Sale of Goods & Hire Purchase" (Chapter 19) - Business LawSandeep Sharma
PPT on "The Contract of Sale of Goods & Hire-Purchase" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
This document outlines 10 expected questions for a pre-university exam on contract law. The questions cover various topics including: the position of a minor in contracts; the difference between agreements and contracts; remedies for breach of contract; rules on payment appropriation and wagering agreements; the differences between contracts of indemnity and guarantee; bailment rights of bailors and bailees; rules on valid ratification and agency creation; the nature of quasi-contracts; essentials of contracts of sale versus agreements to sell; and the meaning of agency along with an agent's rights and duties to their principal. Students are instructed to prepare answers for all 10 questions.
Agency "PART 2" (Chapter 18) - Business LawSandeep Sharma
PPT on "Agency" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
Agency "PART 1" (Chapter 18) - Business LawSandeep Sharma
PPT on "Agency" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
PPT on "Pledge" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
Bailment "PART 1" (Chapter 16) - Business LawSandeep Sharma
PPT on "Bailment" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
Remedies for Breach of Contract "PART 2" (Chapter 13) - Business LawSandeep Sharma
PPT on "Remedies for Breach of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable examples & explanations.)
Remedies for Breach of Contract "PART 1" (Chapter 13) - Business LawSandeep Sharma
PPT on "Remedies for Breach of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable examples & explanations.)
Discharge of Contract "PART 1" (Chapter 12) - Business LawSandeep Sharma
PPT on "Discharge of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation)
Performance of Contract "PART 1" (Chapter 11) - Business LawSandeep Sharma
PPT on "Performance of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation).
Performance of Contract "PART 3" (Chapter 11) - Business LawSandeep Sharma
PPT on "Performance of Contract - Reciprocal Promises" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation).
"Consideration" (Chapter 7) - Business LawSandeep Sharma
The document discusses the rule that contracts require consideration to be valid and exceptions to this rule. It defines consideration as something of value exchanged between parties in a contract (quid pro quo). The main points are:
1) Consideration must be real, not illusory, and lawful. It need not be adequate in value.
2) Exceptions where contracts don't require consideration include natural love and affection between close relations, completed gifts, voluntary services, time-barred debts, contracts of agency, and gratuitous bailments.
3) Promises to charities are generally unenforceable due to lack of consideration, as neither party gains or suffers directly from the promise.
2. Elemental Economics - Mineral demand.pdfNeal Brewster
After this second you should be able to: Explain the main determinants of demand for any mineral product, and their relative importance; recognise and explain how demand for any product is likely to change with economic activity; recognise and explain the roles of technology and relative prices in influencing demand; be able to explain the differences between the rates of growth of demand for different products.
5 Tips for Creating Standard Financial ReportsEasyReports
Well-crafted financial reports serve as vital tools for decision-making and transparency within an organization. By following the undermentioned tips, you can create standardized financial reports that effectively communicate your company's financial health and performance to stakeholders.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
1. Elemental Economics - Introduction to mining.pdfNeal Brewster
After this first you should: Understand the nature of mining; have an awareness of the industry’s boundaries, corporate structure and size; appreciation the complex motivations and objectives of the industries’ various participants; know how mineral reserves are defined and estimated, and how they evolve over time.
4. Relation b/w Banker & Customer
Debtor & Creditor,
Trustee & Beneficiary,
Principal & Agent,
Bailor & Bailee,
Advisor.
Statutory Obligation, to
honour the Cheque,
Obligation to maintain
secrecy of accounts,
Banker’s Rights
• Right of Lien
• Right to set off
• Right of Appropriation
• Right to charge interest/
other charges.
General Relation Special Relation
6. A debt by a banker v/s an ordinary
commercial debt
i. The creditor must demand payment: in case of ordinary
commercial debt, the debtor pays the creditor as per the terms
of the contract.
ii. Proper place & time of demand: transaction should be made
during the specified hours on working days.
iii. Demand must be made in proper manner: withdrawals by
Cheque, draft order etc
7. A debt by a banker v/s an ordinary
commercial debt
iv. Security: banker get the deposit money without giving any
security to the customer.
v. Law of limitation: Indian Law of Limitation, 1908 does not
apply in banker’s debt
10. Banker as an Advisor
In case of, Woods Vs. Martine Bank Ltd. the court observed
that the manager is responsible for wrong advice toWoods.
Here, court ordered to the bank, to pay compensation.
11. Bailee & Bailor
When customer deposits valuable
articles, bonds, documents for safe
custody the customer becomes
bailor & bank becomes bailee.
Bank is liable to keep these articles
in its safe custody as a custodian.
12. Special Relationship
I. Statutory Obligation:
The banker undertakes an obligation to honour his
customer’s Cheques.
This is statutory obligation under section 31
Limited obligation to honour the Cheque:-
1) Availability of money in the account of the customer
2) Complete Cheque: like date name of payee, amount etc.
13. Limited obligation to honour the Cheque:-
3) Proper presentation: Presented at the branch where the
account is kept, during the business hour.
4) Proper form: it should not contain any request to pay the
amount.
5) Proper application of the funds: eg: if the trust funds are
withdrawn by a Cheque for private use.
6) Existence of legal bar: banker is not bound to honour the
Cheque if there is any legal bar attaching the customer’s a/c.
14. Special Relationship
II. Maintain secrecy of accounts:
It is banker’s duty to maintain strict secrecy of his customer’s
accounts even after the accounts are closed .
The banker will take all necessary precautions to ensure that
customer’s account is not made known to other by any
means.
15. Circumstance where disclosure be justified.
1) When Law requires
2) When banker is required to protect his own interest.
3) When the customer gives his consent.
4) When banks are required to give out information in the interest
of the public
(Disclosure - the action of making secret information known)
16. Special Relationship
III. Banker’s Rights
a) Right of Lien (both general & particular)
b) Right of Appropriation (by the debtor, creditor, neither party)
c) Right to Charge interest and other charges.
d) Right to set off: this right enables a banker to:-
Combine 2 accounts in the name of same customer.
Adjust the debt balance on one account.
Banker can set off one’s account after serving notice/letter.
17. Termination of an account/bank-customer relationship
I. Voluntary termination
II. If the banker desires to close the account: if an account remains un-
operated for a very long period.
III. Termination by Law
a) Death of customer.
b) Bankruptcy of customer
c) Insanity of the customer
d) Garnishee Order: an order by court, addressed to a banker to stop
payment of a particular person or an organization who has
committed default in satisfying the claim of the creditors.