JAIIB/Diploma in Banking & Finance LEGAL & REGULATORY ASPECTS OF BANKING MODULES C & D.

JAIIB/Diploma in Banking & Finance

LEGAL & REGULATORY ASPECTS OF BANKING

MODULES C & D

01.. Identify which one is correct.a.. A contract of guarantee has two persons

b.. A contract of indemnity has two persons.

c.. A minor can take an education loan as a borrower

d.. A pledge in respect of company advance has to be registered with ROC.

02..The award of a Banking Ombudsman will be reviewed by

a.. The Executive Director of RBIb.. The Deputy Governor in charge of Rural Planning and Credit Department of RBI.c.. The Finance Secretaryd.. The Banking Ombudsman himself

03..Which is not correct (Banking Ombudsman)

a.. The maximum amount the BankingOmbudsman can award as compensation

is Rs.10 lacs.b.. Limitation period for filing of the review

application is one month.c.. Failure to honor guarantee does not

come under its purview .d.. None of the above

04..Means an agreement reached by the parties either by conciliation or mediation under the scheme (Banking Ombudsman)

a.. Mutual agreement

b.. Mutual Consent

c.. Reconciliation

d.. None of the above

05..Which one is appropriate (Banking Ombudsman)

a.. A complaint can be lodged by a bank on another bank

b.. Complaint can neither be given in writing (manually) nor electronic means

c.. RRB is not within the purview of this scheme

d.. Central Government is the authority to appoint a Banking Ombudsman

06.. A complaint alleging deficiency in banking service may be filed with the Banking Ombudsman having the jurisdiction

a.. Issue of drafts to customers and others

b.. Inordinate delay in collection of bills

c.. Both a & b

d.. Only b

07..No complaint to the Banking Ombudsman shall lie unless the complainant had before making a complaint to the Banking Ombudsman made a written representation to the bank and either the bank had rejected the complaint or the complainant had not received any reply within a period of one month after the bank concerned received his representation or the complainant is not satisfied with the reply given to him by the bank.

08.. The complaint is made not later than one year after the cause of action has arisen.

..The complaint is not in respect of the subject matter, which was settled through the office of the Banking Ombudsman in any previous proceedings

09.. If a complaint is not settled by agreement within a period of one month from the date of receipt of the complaint or such further period as considered by Banking Ombudsman, he can pass an award.

.. He shall be guided by the evidence placed before him, the principles of law and practice, directions, instructions and guidelines issued by RBI from time to time to pass the necessary award.

10..A person has applied for a loan . The bank has not sanctioned the loan since the bank felt the person was not eligible. The person

a.. Can approach the bank once again

b.. Cannot take up the matter with the bank

c.. Can refer the matter to Banking Ombudsman

d.. Can request Banking Ombudsman to instruct the bank to sanction the loan

11.. A bank not agreeing to accept the Award passed under the Banking Ombudsman scheme may file a review application before the Review Authority within one month from the date of receiving copy of the Award. Bank’s application to be approved by the bank’s Chairman or in his absence by the Managing Director or any other officer of equal rank.

12..Reserve Bank of India appoint one or more persons as Banking Ombudsman for a period not

a.. Exceeding 4 years at a time

b.. Exceeding 3 years at a time

c.. Exceeding 2 years at a time

d.. Exceeding 1 year at a time

13.. Banking Ombudsman ( identify the odd one)

a.. Non-acceptance of applications for loans without furnishing valid reasons to the applicant

b.. Refusal to accept taxes, as required by the Government

c.. Acceptance of small denomination coins tendered for any purpose

d.. Non-adherence to the fair practices code as adopted by the bank

14..With regard to complaints relating to credit card operations, the banking ombudsman shall take into consideration

a.. The loss of complainant’s time

b.. Expenses incurred

c.. Financial loss, harassment and mental anguish suffered

d.. All of these

15.. A copy of the award need not be sent to the complainant under the Banking Ombudsman Scheme.

a.. Trueb.. Falsec.. It has to be sent not only to the complainant but

also to the bank named in the complaintd.. It is the discretion of the Banking Ombudsman

and not mandatory to send the copies of the award

16.. The banks covered by the Scheme of Banking Ombudsman has to appoint specified officer at their Regional / Zonal Offices.

a.. Not required

b.. Not essential

c.. Not specified officer

d.. None

17.. A complaint has been filed against a Bank (Banking Ombudsman Scheme). The Banking ombudsman directed the bank concerned to furnish necessary information. Then it is to be carried out by

a.. Designated officer of the bank for this purposeb.. Nodal Officer of the bankc.. Chief Manager or the person equivalent to his

position in the Regional / Zonal Office of the bank concerned

d.. None of them

18.. Ashis Kumar is an Advocate. He is not satisfied with the service of the bank which has delayed his collection of cheque. He has taken up the matter with the bank concerned. Since he has not got a proper response, he has decided to approach Banking Ombudsman.

a.. He will not be entitled as per the schemeb.. He can very well take up the matterc.. There is bar for the advocate to involve themselves in

approaching Banking Ombudsmand.. Asish Kumar has the option to request his friend

Advocate to represent him

19.. It has been observed by a customer while going though the entries in the account (pass book), that the bank has debited wrongly his account. On account of that the customer has to suffer.

He wish to refer the matter to Banking Ombudsman.a.. He can, provided he takes up the matter first with the bank

concerned in writingb.. Considering the seriousness of the matter there is no need to refer

the matter to the bank concerned that too in writingc.. Straight away take up the matter with Banking Ombudsman and

intimate the Bank concernedd.. Straight away take up the matter with Banking Ombudsman and

there is no need to intimate the bank, since Banking Ombudsman is part of RBI which is always considered superior.

20.. Limitation period for filing of the review application against the award of the Banking Ombudsman is

a.. 90 days

b.. Not 90 days

c.. Not available since review is beyond the purview of the scheme

d.. None

21..The Banking Ombudsman

a.. May reject a complaint, at any stage

b.. Can reject a complaint not before 45 days of receipt of such complaint

c.. Can not reject a complaint

d.. Has to pass an order in respect of any complaint made to him and does not have the powers to reject

22..Thorat is the agent of a bank who has assured that the bank would extend certain specific services and succeeded in giving a credit card to one Thomas. Later on the bank has not provided the services assured. Thomas can refer the matter

a.. Only to the bank concernedb.. To the Banking Ombudsman after following the steps

required in the schemec.. Thomas cannot refer the matter to Banking

Ombudsman.d.. Such complaints are beyond the purview of the scheme

23..Banking Ombudsman - A bank wish to file an appeal before the Appellate Authority. The same should be with the previous sanction of the

a.. Board of Directors of the Bank

b.. Nodal Officer

c.. Designated Official

d.. None of these

24..A compensation claimed is around Rs.16 lacs in a complaint filed against the bank. Then the matter

a.. Can also be brought under the Banking Ombudsman Scheme

b.. Can be brought under the Banking Ombudsman Scheme for compensation up to Rs.10 lacs and for the balance to be taken up with the competent court

c.. Can not be brought under the Banking Ombudsman scheme

d.. Can be brought under the Banking Ombudsman Scheme as a special case based on merits

25..SARFAESI Act 2002, extends to whole of India including the State of Jammu & Kashmir. Also applicable to housing finance companies.

.. The act is effective from 21.06.2002. It also covers the earlier loans which were outstanding.

26.. SARFAESI Act has

a.. Prospective effect

b.. Retrospective application

c.. Effect from 21st June 2002 only

d.. Effect from 21st June 2002 cases taken up on that day and there after only

27..Based on the observation of the Supreme Court in the Mardia Chemicals vs Union of India case, the Government of India issued notification amending the provisions of the SARFAESI Act. The amendment stipulates payment of 50% amount instead of 75% as originally enacted. (When appealed)

28..Bank Z had advanced on the collateral security of the third party deposit receipt of N, to L. The bank has also obtained a personal guarantee of D to secure the loan. For recovery, Z can use the provisions of SARFAESI Act.

a.. Allowedb.. Not allowedc.. Since pledge and only personal securities the provisions

of the Act not applicabled.. There may not be any need since the Fixed deposit can

be adjusted for the loan outstanding. Additionally personal guarantee is also available for the bank

29.. The provisions of the SARFAESI Act will protect the interest of the secured creditor (lending banker) irrespective of

a.. Defective Documents and any type of charge on the security

b.. Non availability of Limitation on the documents

c.. Both a & b d.. None of the above

30.. For a mortgaged property to sell the same permission of the competent court essential. As per provisions of SARFAESI Act

a.. The same continuesb.. The same is not continuingc.. Since there is no intervention of court

contemplated under this Act, even for mortgaged property, the secured creditor can sell the property without court’s permission

d.. Under the Act, the mortgaged property cannot be considered at all.

31.. ABF Bank has advanced to a partnership firm. The security include Pledge of Gold ornaments of one of the partners, Hypothecation of vehicle and stock and Pledge of Fixed deposit of the firm. The borrowing has not become NPA though there is a default.

a.. Provisions of SARFAESI Act not applicableb.. Provisions of SARFAESI Act applicablec.. Provisions of SARFAESI Act not applicable for vehicle

and stockd.. Provisions of SARFAESI Act applicable for vehicle and

stock but not for pledge of gold ornaments / Fixed deposit

32.. Which one is not associated with SARFAESI Act.

a.. Obligor

b.. Hypothecation

c.. Security Receipt

33..Which one is not coming under the purview of SARFAESI Act.

a.. Moveable property under the possession of the secured creditor

b.. Moveable assets under the possession of the debtor who has offered the security to the

secured creditorc.. Immoveable assets not under the possession

of the secured creditord.. Immoveable assets with the mortgagor

34..Identify the odd one (Securitization matter)

a.. Hypothecation of stock

b.. Mortgage of Machinery

c.. Personal guarantee of the Managing Director

d.. Goods in transit offered as security

35..Appellate Tribunal is constituted by

a.. Central Government

b.. As per the provisions of the appropriate Act

c.. As per the provisions of the Recovery of Debts due to Bank and Financial Institutions Act.1993

d.. Both a & c

36..Take over of loans or advances from the Bank or Financial Institution for the purpose of recovery is known as Asset reconstruction.

. The word Board is used in the Act refers to the Securities and Exchange Board of India (SEBI)

37.. The SARFAESI Act is applicable to

a.. Regional Rural Banks

b.. Nationalized Banks & Co-operative banks

c.. State Bank of India and their Associate banks

d.. Both b & c and not to a

38..Acquisition of any right or interest, of any bank or financial institution, in any financial assistance, by any securitization company or reconstruction company, for the purpose of realization of such financial assistance is known as

a.. Asset Reconstructionb.. Securitizationc.. Both a and bd.. Reconstruction

39.. As per the provisions of the SARFAESI Act, a borrower is one

a.. Who has obtained finance from a banker

b.. Who has given the guarantee for the person (a)

c.. Who has created any mortgage in favor of the bank for obtaining finance

d.. All of these

40.. SARFAESI Act applicable in respect of

a.. Temporary Over draft in a current account

b.. Overdraft on the security of shares

c.. Both a & b

d.. Work in progress taken as security

41..Default should have been committed by the debtor.

. The borrower’s account should have been classified as NPA as per the guidelines of RBI.

. The Act is applicable only to a Secured creditor and not to an unsecured creditor

42.. Bank U has lent to A a sum of Rs.5 lacs on the hypothecation of a van. Identify the Originator as per the provisions of the SARFAESI Act.

a.. Borrower A

b.. Bank U

c.. Neither A nor U

d.. Debtor A

43.. He is the owner of a financial asset that is acquired by a securitization or reconstruction company for the purpose of securitization or asset reconstruction.

a.. Originator

b.. Lending Bank

c.. Lending Financial Institution

d.. All the three

44.. Obligor is a person liable to pay to the lender (originator).

As per the contract terms and conditions or otherwise.

He has to discharge any obligation in respect of a financial asset whether existing, future, conditional or contingent or and includes a borrower.

45.. Identify the Obligor in respect of a loan given to one N by bank J. The security offered by N include his gold ornaments, two wheeler and collateral security of his flat.

a.. Nb.. Jc.. N & Jd.. None

46.. Under the provisions of the Act (SARFAESI) which one is not considered as Property

a.. Future Receivables

b.. Know how

c.. Land

d.. None of these

47.. Qualified Institutional Buyer (odd one)

a.. Bank

b.. Insurance company

c.. A CEO of a leading MNC

d.. An Asset Management Company

48..Which one is not pertaining to Hypothecation.

a.. A charge in or upon any movable property

b.. Right in favour of the creditor

c.. Possession also with the lender

d.. Retaining the ownership with the owner of the property

49.. The securitization company or reconstruction

Company to raise funds from qualified

institutional buyers by formulating schemes.

.Separate scheme wise accounts to be

Maintained.

.The Scheme invites subscription to security

receipts proposed to be issued by such company

under the scheme.

50.. Bank R is the secured creditor and W is the borrower who happens to be the defaulter .The branch head is C. W has given his land as security which is under his possession. The outstanding liability is shown under NPA. Identify the Obligor & Originator.

a.. R and C respectivelyb.. W and R respectivelyc.. W and C respectivelyd.. R and W respectively

51.. Who will receive the Security receipt from whom.? (SARFAESI Act)

a.. Secured Creditor from Principal Debtor

b.. Institutional Investor from Securitization company.

c.. Securitization company from Institutional investor

d.. Secured Creditor from Reconstruction company

52..Identify the regulatory authority for all securitization and reconstruction companies.

a.. SEBI

b.. RBI

c.. Company Law Board

d.. IRDA

53..GNMV, the secured creditor. After completing the formalities / procedures (as per SARFAESI ACT) the assets mortgaged by RJJH were purchased by a Securitization and Reconstruction company called JFI for Rs.30 lacs. Then

a.. JFI will issue a security receipt to GNMVb.. GNMV will receive debentures from RJJHc.. RJJH will issue security receipts to JFI.d.. GNMV will get debentures from JFI

54..In Mardia Chemicals vs Union of India Supreme Court as declared that

A.. SARFAESI Act is Constitutionally valid

B.. Except a part of Section 17(2)

C.. To Deposit 75% for appeal, the Apex court was not in favor

D.. All the above

55.. A reconstruction company

a.. is engaged as property developer

b.. is formed for the purpose of asset reconstruction

c.. is registered with SEBId.. is not registered under the

Companies Act

56..The Government of India has

a.. issued an order b.. issued a notification amending the

Sec17(2) of SARFAESI Act.c.. Instead of 75%, the borrower filing

an appeal has to deposit 50%d.. Both B & C are appropriate

57..A Mutual fund, an Asset Management Company and a Foreign Institutional Investor would like to invest in Securitization and Reconstruction company as as qualified institutional buyers. Then they will have to

a.. Register with SEBIb.. Register with SEBI is not a mustc.. Register with SEBI is a mustd.. Register with SEBI when directed only

58..J F D a Securitization and reconstruction company acquired financial asset from PNM, a secured creditor. In view of the same, JFD would become

a.. Purchaserb.. Sellerc.. Ownerd.. None of these

59..The Securitization Company not only to be registered under the Companies Act but also needs registration from RBI as per

A.. RBI ActB.. Companies ActC.. SARFAESI ActD.. SEBI Act

60.. A person who is holding 15% of the paid up equity capital of the reconstruction company is known as

a.. Sponsorb.. Obligorc.. Originator d.. Institutional investor

61.. Identify the beneficiaries of the trusts formed by Securitization company. ICE is the Securitization company. GZH is the Secured creditor. BDE is the Institutional investor.

a.. GZY

b.. BDE

c.. ICE

d.. None of them

62.. A security receipt is

A.. Similar to Bank’s Term Deposit receipt

B.. Issued to Securitization Company

C.. Issued by Securitization Company

D.. Issued to a Secured Creditor and also to an Institutional Investor

63... The Securitization company can acquire financial asset without execution of any deed of assignment or transfer in its favor by the original creditor.

a.. Trueb.. Falsec.. Without agreement it cannot be legally

validd.. Deed of Assignment is a must.

64.. Debenture as per the provision of SARFAESIa.. Appears on the left hand side of the balance

sheetb.. It is shown as liability representing

commitmentc.. It is for payment of consideration to be

paid to the bank for acquisition of financial asset from it

d.. It represents the money borrowed.

65..SARFAESI Act a.. Security Receipt issued by Securitization

Companyb.. Security Receipt is not issued to a

Secured Creditorc.. Security Receipt is issued to Institutional

Investors who are also called Qualified Institutional Buyers

d.. All the above

66.. Identify the incorrect one (Reconstruction Company)

a.. It has to obtain registration certificate from RBI.

b.. It has to have minimum capital of Rs.100 crores at the time of registration

c.. It can formulate separate schemes for acquisition of financial assets

d.. It has to disclose the risk factors to the investors.

67.. The Security receipt (not having any interest or right and so on in immovable property) issued to the holder by the Securitization company attract registration as per the Registration Act,1908.

a.. Trueb.. Falsec.. Registration compulsory for such

receipts.d.. None of the above

68..As per the provisions of the SARFAESI Act, the charge against property to be registered with

a.. Registrar of Companies

b.. SEBI

c.. RBI

d.. None

69.. A Limited Company has been sanctioned a Bills limit and the outstanding liability has been classified as NPA. Then the provisions of SARFAESI Act includes

a.. Book debts

b.. Assignment of Book debts

c.. Hypothecation of Book debts

d.. None

70..Bank G E H has advanced to SSS a sum of Rs.2.75 lacs. It has been classified as NPA. OPQ a Securitization company has shown interest to take over the assets offered by SSS as security to Bank G E H. Identify the Secured Creditor, Who will issue Debenture to whom and the Debtor.

a.. G E H , OPQ to G E H and SSSb.. G E H , OPQ to SSS and G E Hc.. G E H , G E H to OPQ and SSSd.. G E H , SSS to OPQ and G E H

71.. Whenever any lender takes any security from the borrower, the lender gets interest in that security. As per the SARFAESI Act this is known as

a.. Secured interest

b.. Charged interest

c.. Secured creditor’s interest

d.. None of these

72..ABC and co has not paid the debt. Declared NPA. Securitization process held. The secured creditor JIT has handed over the security to the securitization company STB. Then ABC paid some amount.

a.. JIT can use the funds so got

b.. JIT has to hand over the same to ABC

c.. JIT has to hand over to STB

d.. None

73..This evidences the purchaser’s undivided right, title and interest in the security.

a.. Deposit Receipt

b.. Security Receipt

c.. Both a & b

d.. Only a

74.. A securitization company is contemplating to change its name.

a.. They can do so by informing the appropriate authority

b.. Seek approval from SEBI after the change

c.. Needs prior approval from the Company Law Board

d.. None

75..Securitization or reconstruction companies

a.. Do invest their own funds to acquire assets

b.. Do not invest their own funds to acquire assets

c.. Use the money invested on risk assessment and act on careful considerations for asset acquisition decision.

d.. Excepting a other two are appropriate

76..Cancellation of Certificate of Registration for a Securitization company possible (odd one)

a.. The company ceases to receive or hold any investment from a qualified institutional buyer.

b.. The company continues to receive or hold any investment from a qualified institutional buyer.

c.. The company fails to comply with any of the directions issued by the Reserve Bank

d.. The company fails to obtain prior approval of Reserve Bank of India for change in management

77..The securitization or reconstruction company whose registration is cancelled can prefer an appeal within 45 days from the date of communication of order, to Reserve Bank of India Governor . The company is required to be given a hearing before rejecting the appeal.

a.. Appropriateb.. Not 45 days but 30 days and Not RBI but

Central Governmentc.. Only change is 30 days instead of 45 daysd.. Not RBI but Central Government

78..The securitization transaction involves

a.. Acquisition of financial assets and undivided interest therein

b.. Issue of security receipts in favor of the investors for the purpose of raising money from investors.

c.. Both a and b

d.. None

79..This, for the payment of consideration, is to be paid to the bank or the financial institution for the acquisition of financial asset from it.

a.. Debenture

c.. Security Deposit

d.. Security Interest

80..Under the Securitization process, debenture issued period not to exceed

a.. 5 years

b.. 6 years

c.. 7 years

d.. 9 years

81.. Under the Securitization process the debenture a.. To carry interest which cannot be less than one and

half percent above the Bank Rate as on the date of issue of the debentures

b.. To carry interest which cannot be more than one and half percent above the Bank Rate as on the date of issue of the debentures

c.. To carry interest which should be equal to the Bank Rate as on the date of issue of the debentures

d.. Not to carry any interest

82.. XZY bank has decided to dispose off the security to a Securitization company BDG for consideration. The debtor being a Limited company (RTU(P) Ltd.,). XZY has decided to give a notice to the debtor.

a.. XZY to give notice to ROC as wellb.. XZY need not give any notice to ROCc.. Giving notice is not compulsoryd.. Giving notice is optional and hence there is no

need for XZY to give a notice to ROC

83..If there is a dispute among the bank, securitization company and the qualified institutional buyer, then the same to be settled by conciliation or arbitration as provided in the

a.. Reserve Bank of India Actb.. SARFAESI Actc.. Arbitration and Conciliation Actd.. Both a & c

84..An institutional investor MNG wish to transfer the security receipt (Which has an undivided interest in the financial asset) to MVN.

a.. Registration under the Registration Act required.

b.. Registration optional

c.. Registration need not be insisted.

d.. Registration of Security receipts does not arise.

85..If the cause of default in a unit is any mismanagement or lack of expertise on the part of the existing management, the securitization or reconstruction company has the powers to take over the management or change the management.

This power can be exercised even when there is no default

86.. The power given to the secured creditor, as creditor has overriding effect over the provisions related to mortgage in

a.. The Registration Act

b.. The Contract Act

c.. The SARFAESI Act

d.. The Transfer of Property Act

87..The Securitization company can set up separate trusts scheme wise and act trustees for such schemes as provided in the Securitization Companies and Reconstruction Companies (Reserve Bank) Guidelines and Directions,2003. The beneficiaries of such trusts are

a.. Debenture holders b.. Lending bankers c.. Debtors d.. None of them

88...Acquisition of financial asset from the originator, by Securitization or reconstruction company is known as

a.. Reconstruction

b.. Securitization

c.. Transfer of Assets

d.. Purchasing

89.. Securitization company is a company registered under the Companies Act,1956 for the purpose of securitization. It also needs registration from RBI under the provisions of SARFAESI Act.

.. Security agreement includes an agreement, instrument or any other document or arrangement under which security interest is created in favor of secured creditor

90.. The minimum capital requirement for securitization or reconstruction company, at the time of registration is

a.. Rs. 30 Crore

b.. Rs. 75 Crore

c.. Rs.100 Crore

91..TT has created a mortgage by way of deposit of title deeds with the secured creditor bank JJ. This represents

a.. Security Receipt

b.. Secured Debenture

c.. Security Agreement

d.. Secured Debt

92..Secured debt means a debt which is secured by any security interest.

..Secured Asset means the property on which security interest is created.

.. The powers given by SARFAESI Act for enforcement of securities are against secured assets only

93..Security Receipt is issued

a.. To Debtor by the Secured Creditor

b.. To Qualified Institutional buyer by the Reconstruction Company

c.. To Securitization Company by the Secured Creditor

d...To Securitization company by the Reconstruction company

94. .Which one is appropriate. (SARFAESI)a.. RJS is the institutional investor and will receive

Bonds in lieu of Debenturesb.. TRK is the Securitization company will issue

Security receipt as well as Debenturesc.. GU is the Secured creditor and will receive

security receipt from the secured debtord.. JNS a borrower of the bank will handover

Debenture in lieu of payment towards outstanding

95.. Depending on the nature of security asset RBI has the powers to specify different amounts of owned funds for different companies.

..The company can formulate separate schemes for acquisition of financial asset.

.. The securitization or reconstruction company can act as trustees for such trusts and manage the assets held in trust.

96..STV a Securitization and Reconstruction company wish to have funds by way of deposits.

a.. They can approach public for the same.b.. Cannot raise funds by way of depositsc.. If need arises with the permission of RBId.. They can raise funds by way of Deposits

on Private placement basis only.

97..The Securitization or reconstruction company can acquire financial asset without execution of any deed of assignment or transfer in its favor by the concerned bank or the financial institution.

.. Assignment is complete on the acquiring company issuing debenture or bond and incorporating therein the terms and conditions of acquisition.

98.. As per RBI guidelines,

a.. an acquisition of funded assets should not

include take over of outstanding commitments,

if any, of any bank or financial institution to lend

further.

b.. terms of acquisition of security interest in non-

fund based transactions should provide for the

relative commitments to continue with bank or

financial institute till demand for further funding

arises

99..Which one is correct (Securitization matter)

a.. Security receipt is not in favor of investor

b.. Security receipt is issued with permission from

Company Law Board

c.. Security receipt can be transferred by the

secured creditor

d.. Security receipt is issued in favor of the institutional investor

100..Bank F decides that the financial asset now be acquired by the securitization company VR. The Asset was given as security by L , an individual. In such an event, a notice of such development to be given to

a.. L and such notice is not compulsory.b.. Such notice is not optional c.. The Obligor, which is compulsory as per the Actd.. VR

101.. If the obligor is a company there is no need for modification of charge, when the notice regarding acquisition of financial asset by a securitization company, is not given to the debtor company.

However, if such notice is given to the obligor company, then notice to the Registrar of companies becomes essential.

102.. Bank J had advanced to U who had defaulted leading to a securitization company acquiring the financial asset. In fact no notice has been issued to U. After some time, U remits some amount towards his dues to J from where he had availed the financial facility.

a.. J to retain the fundsb.. J has an obligation to remit to the securitization companyc.. J first of all should not accept such payment since his contract with

U is over on account of securitization transaction.d.. J has to find out the reason why U had not paid earlier when the

liability was outstanding with them.

103..The securitization or reconstruction company raises funds for acquisition of asset by issue of security receipts. Public/individual investors are barred from investing in a securitization or reconstruction company by the Act.

.. Realization of the asset is held and applied towards redemption. i.e., repayment of investments as assured while issuing the security receipt.

104.. In case there is no realization and repayment by the securitization or reconstruction company, then the qualified institutional buyers are entitled to call a meeting of all qualified institutional buyers making investments in that scheme and the resolution passed in the meeting.

a.. The first institutional buyer has the right to call for such meetingb.. The qualified institutional buyers holding not less than 75% of the total value of security receipts has the rightc.. Any one of the Institutional investor who takes the lead gets the

priorityd.. The Institutional Investor identified and nominated by RBI for this

purpose has the right

105..NPN has got a security receipt from a securitization company called BCB. NPN wish to retain the security receipt. Then

a.. Such security receipt need not be registeredb.. Such security receipt has to be registeredc.. Such security receipt cannot be transferredd.. Such security receipt has to be retained by

NPN who is the original institutional investor and hence there is no question of registration / non registration.

106..Asset reconstruction means acquisition of any right or interest of any bank or financial institution in any financial asset for the purpose of realization. Powers to take measures for asset reconstruction are given without any prejudice to the provisions contained in any other law

107.. The SARFAESI Act is silent about the grounds or reasons on the basis of which action of acquisition can be taken. Therefore, loan agreements between bank/financial institution and the borrower are required to be taken into account as provisions of this do not have overriding effect on existing contracts and laws.

108.. When the asset is acquired for reconstruction there is limit of six years for such reconstruction.

a.. Correct

b.. Incorrect

c.. Not 6 years but 5 years

d.. It is 7 years and not 6 years

109..RTM a Securitization company is taking over the financial asset from the secured creditor BB. Then BB will get

a.. Debenture

c.. Commitment

d.. None of these

110..Which one is incorrecta… At the time of enforcing securities as per the provisions

of SARFAESI Act, the Securitization company may itself acquire secured assets for use or resale, if such resale is through a public auction.

b.. The Securitization company is permitted to set up trusts who can issue security receipts.

c.. While issuing security receipts detailed disclosures are not required to be made by the Securitization company

d.. While issuing security receipts detailed disclosures are required to be made by the reconstruction company.

111..A Securitization company can act as a receiver

a. If appointed by any Court

b. If appointed by any Tribunal

c. If appointed by the Central Government

d. Either a or b

112..Which one is correct (Securitization aspect)

a.. During the planning period (which is 12 months) an asset can be classified as Standard Asset

b.. Non performing Asset is linked to the security’s strength or weakness and not to over due period

c.. Maintaining capital adequacy optional

d.. Raising funds by way of deposits not prohibited

113..Provisions of mandatory arbitration and conciliation not applicable to the dispute by or against

a.. Secured Creditor

b.. Obligor

c.. Qualified Institutional Investor

d.. Securitization or Reconstruction Company

114..Who has the powers to issue guidelines under the SARFAESI Act

a.. SEBI

b.. RBI

c.. Central Government

d.. Law Ministry

115 ..Under the SARFAESI act a secured creditor can enforce the security interest created in his favor without the

INTERVENTION of the Court or Tribunal...The act deals with how the notice to be

given by the secured creditor asking for repayment of the out standings.

116..The secured creditor bank to give a notice asking the debtor to clear the liability in full within 60 days from the date of notice.

.. The above is applicable to such debtors who have defaulted and classified as NPA.

.. There is no bar for the creditor to seek the other legal remedies such as resorting to filing of suit in a competent court

117..Identify which one is not incorrect. (SARFAESI Act)a.. Notice as per the provisions of the act to be given to the

Creditor.b.. Notice as per the provisions of the act is a statutory

notice.c.. The Act does contemplate a reply form the borrower to

the notice.d.. When the offer of sale of property is accepted by the

purchaser and the secured creditor accepting the offer confirms the sale, the purchaser need not deposit any token deposit of the offer price.

118.. Bank DT has decided to invoke the relevant provisions of the SARFAESI Act, by giving the first notice calling for clearance of the dues. Then as per Sec 13(2) of the SARFAESI Act the first notice to be given asking for clearance of full liability within

a.. 30 daysb.. 60 daysc.. 60 days from the date of noticed.. 60 days from the receipt of notice

119.. Debtor DD has been asked to repay outstanding liability of Rs.25.73 lacs (as per provisions of SARFAESI Act) by his Secured Creditor banker KK. DD has sent a reply in writing giving his side’s version. The bank responded to the notice and made their position clear. Based on that reply, DD wish to file an appeal

a.. in the high court

b.. in the DRT

c.. Not possible / nor permissible

d.. In the appropriate court for their intervention

120.. For a Public Sector bank an Authorized Officer

a.. General Manager

b.. At least a Chief Manager

c.. Senior Branch Manager

d.. As identified and nominated by the Board of Directors.

121..The secured creditor in an anxiety to recover his funds would like to publish a possession notice without issuing the first notice as per the relevant provisions of the SARFAESI Act.

a.. Not Permissibleb.. Permissiblec.. Not necessary to issue any notice before releasing the

possession notice in a leading newspaperd.. It is left to the Authorized Officer to take appropriate

action like issuing of possession notice to safe guard the interest of the lending banker.

122..For classification of any account as NPA it is important that the classification is done as per

A.. Directives of Head Office of the Bank concerned

B.. Viewpoints of R B I

C.. Guidelines of the Concerned Bank’s Corporate Office

D.. None of these

123..An authorized officer issues the second notice as per the provisions of the SARFAESI Act known as

a.. Recalling

b.. Possession

c.. Take Over

d.. Auction

124..If the offer of sale of property is accepted by the purchaser and the secured creditor confirms then the purchaser has to deposit

a.. 25%

b.. 75%

c.. 50%

d.. No such pre condition

125..Which one is correct,a.. The authorized officer has to publish

possession notice in two leading newspapers.b.. Both papers should be in vernacular languagec.. Before 60 days of sale of immovable property

the borrower should be given notice about the sale

d.. If the price of secured asset is coming less than the reserve price, the authorized officer to sell the asset at a lower price with the consent of creditor only and not that of the debtor

126..The authorized officer is authorized to issue sale certificate. Such certificate is conveyance of immovable property and requires stamping as per the provisions of Stamp Act.

a.. True b.. Falsec.. Relevant State Lawsd.. Central Laws

127.. As the powers of enforcing securities need to be exercised prudently, fairly and with due care and caution the Rules framed under SARFAESI Act provide that Authorized Officer should be of the level equivalent to Chief Manager of a public sector bank or equivalent or any other authorized person exercising powers of superintendence, direction and control of the business or affairs of the creditors, as the case may be

128..For taking possession and then sale of immovable property, the secured creditor is required to serve a possession notice on the borrower and by affixing the possession notice on the outer door or at the conspicuous place at the property.

..The authorized officer is required to publish the possession notice in two leading newspapers, one of which should be in vernacular language.

129..Kamath is the Authorized officer of a bank. The price for secured asset (Flat) is coming less than the reserve price, then Kamath decides to sell the asset at a lower price to the highest bidder. Under the circumstances

a.. The decision of the Authorized Officer cannot be questioned and his decision will be final

b.. He can take independent decisionc.. With the consent of the borrower and the secured

creditor, he has to take his decisiond.. Without consulting any one he can take his own

decision

130..When the secured creditor is required to take possession or control of the secured asset or to sell such secured asset, he can take the help of the Chief Metropolitan Magistrate or District Magistrate.

..For seeking their help a request in writing is required.

..To approach the authority within whose jurisdiction the secured asset or documents related to it are situated.

131..When the secured creditor takes over the management of business of a borrower, he may publish a notice in a newspaper published in English language and in a newspaper published in Indian language in circulation in the place where the principal office of the borrower is situated, for appointment of

a.. If the borrower is a company as defined in the Companies Act, 1956 to be the directors of such company, or

b.. In any other case, to be the administrator of the business of borrower.

132.Any person, including borrower, aggrieved by any of the measures taken by the secured creditor or his authorized officer for taking possession of the security may make an application along with the prescribed fees to the Debt Recovery Tribunal having jurisdiction within 45 days from the date on which such measures are taken.

133..As per the provisions of the SARFAESI Act, the DRT has to dispose off the application preferred seeking justice, within a period of

a.. 30 days

b.. 45 days

c.. 60 days

d.. 90 days

134..As per the provisions of the SARFAESI act, against the DRT’s order, appeal can be filed to the appellate Tribunal within 30 days from the date of receipt of the order of Debt Recovery Tribunal. The Tribunal has the powers not to entertain such an appeal unless the borrower deposits 75% of the debt claimed by the secured creditor. (Now stands reduced to 50%)

a.. True b.. False c.. Neither 75% nor 50 % but 25%d.. Continues to be not less than 50%

135..A secured creditor is seeking justice under the provisions of the SARFAESI Act. Stage is set for preferring an appeal before the DRT. The amount in dispute is Rs.7.87 lacs

a.. DRT does not have the power to entertain such appealb.. Since jurisdiction of DRT is Rs.10 lacs and above what

is stated in (a) is appropriatec.. Since it is SARFAESI matter, DRT will have to take up

the appeald.. Such appeals to go to Civil Court and not to DRT in view

of the claim amount (which is less than Rs.10 lacs)

136.. SARFAESI Act is not applicable to

a.. Urban Co –operative Bank

b.. Nationalized Bank

c.. State Bank of India Associate Bank

d.. None of these

137.. The security asset has been sold then the proceeds to be appropriate at first

a.. Towards payment of cost, charges and expenses for the preservation and protection of securities including payment of appropriate insurance charges and so on

b.. Towards legal charges incurred by secured creditorc.. Towards the satisfaction of dues of the secured bankerd.. Towards payment of fees to the Authorized Officer and

his team of officials and support staff

138..B has given his personal guarantee to a loan taken by a debtor D. The loan was provided by Bank G. As security D gave his asset (hypothecation). Since the loan became NPA, G took up Securitization measures.

a.. B can object that SARFAESI Act provisions not applicable to him

b.. B cannot object since the SARFAESI Act provides that the Creditor can also call for payment due to the borrower from the third party

c.. B can object that SARFAESI Act not applicable to him and hence the secured creditor cannot seek remedy under the Act when a guarantor is involved

d.. B cannot object to the action of the secured creditor since the measures taken are mainly against D

139.. Registration with Central Registry (Under SARFESI) is not required on certain things and charges. Identify the Act.

a.. Merchant Shipping Act,1958

b.. Patents Act,1970

c.. Designs Act 2000

140..Identify which one is incorrect (Central Registry)

a.. Maintaining the records of the ‘ Registry’ on computers in permissible under SARFAESI Act.

b.. Registration under the Act is in substitution of the other registrations under different laws

c.. Registration under different laws will have priority of charge depending on the provisions of respective registration laws

d.. Creation of security interest to be registered under the provisions of the Act.

141.. A security interest has been created on 14th of this month. Then it is to be filed with the Central Registrar within

a.. 30 days after the date of transaction

b.. 45 days after the date of transaction

c.. Any time before the next step is taken to dispose off the security

d.. 60 days after the date of transaction

142.. The particulars required to be filed by the securitization or reconstruction company or the secured creditor, as the case may be. The delay in filing the required particulars can be condoned by the Central Registrar for a period of next 30 days after the first thirty days prescribed, on payment of fees not more than 10 times of the prescribed fees

143.. A security interest is registered with the central registrar with delay. However the delay was duly condoned and after remitting the fees along with penalty the work was got done. Now it requires to be modified. Then it is not the duty of

a.. Secured Creditorb.. Reconstruction Companyc.. Secured Debtord.. Securitization Company

144.. The borrower Keshav & sons repaid in full the debt. (Securitization process since taken) Then the secured creditor DD bank has to file

a.. Registration of Security Interest

b.. Modification of Security Interest

c.. Satisfaction of Security Interest

d.. All the above in the same order

145..A record to be maintained at the Head Office of the Central Registrar to record transactions relating to

a.. Securitization of financial assets

b.. Reconstruction of financial assets

c.. Creation of security interests

d.. All the three

146..The Central Registrar has received the satisfaction of charge (security interest) from the secured creditor within the prescribed period, then

a.. He can proceed to satisfy the chargeb.. He can call for show cause not exceeding 14

days before proceeding furtherc.. He can call for show cause not exceeding 30

days before proceeding furtherd.. He has to issue satisfaction certificate within 7

147.. Having cleared the dues with secured creditor (securitization measures since initiated under the Act) the borrower has to file the satisfaction with the Central Registrar within 30 days.

a.. Trueb.. Falsec.. It is the duty of the Secured creditord.. It is not the duty of the Debtor

148.. RKK a Reconstruction company failed to comply with some of the directions issued by RBI. Then RKK is punishable by RBI with fine not exceeding Rupees Five lacs for the default. For further continuation of the offence an additional fine is up to Rs.2000/= per day of default can be imposed.

a.. Partially Correctb.. True c.. Rs.5 lacs and Rs.10000/- per day respectivelyd.. Rs.7 lacs and Rs 5000/- per day respectively

149..The provisions of SARFAESI Act not applicable in respect of

a.. A pledge of movable within the meaning of the Indian Contract Act,1872(sec172)

b.. Any right of an unpaid seller as per Sale of Goods Act,1930 (sec 47)

c.. Any security interest created in an agricultural land

d.. All the above

150..Which one is incorrect (Provisions of SARFAESI Act not applicable )

a.. Creation of security interest in any vessel as defined within the meaning of the Merchant Shipping Act,1958.

b.. Any case in which the amount due is less than twenty five percent of the principal amount and interest there under.

c.. Any security interest created on an hypothecation of asset worth rs.6.5 lacs

d.. Creation of any security in any aircraft as defined in sec 2 of Aircraft Act 1934

151.. PNC bank has sold the security after invoking the provisions of SARFAESI Act. After that they wish to proceed in the civil court as the liability outstanding is Rs.6.88 lacs plus accumulated interest of Rs.2.42 lacs

a.. Not possible

b.. Possible

c.. Impossible

d.. Doubtful

152..Bank C has exhausted the measures of recovery through SARFAESI Act provisions. Still there is a liability of Rs.7.38 lacs to be recovered from GH . The original documents has life.

a.. C can still proceed in the Civil Court by filing a suit against GH.b.. Since C has opted for Securitization process, has to satisfy with

whatever they could get by disposing of the security c.. Once the SARFAESI Act provisions invoked by the secured creditor

and the proceedings over, automatically the creditor looses his further rights against the debtor.

d.. Only C has to worry. Whereas GH need not worry for the balance amount, since the security stands disposed off. Further by opting for Securitization measures C has sealed the other options to recover legally from GH

153..Bank DOM had lent Rs.9 lacs to one KU, a borrower and obtained security in the possession of the debtor by way of hypothecation. DOM had to use the provisions of the SARFAESI Act which resulted in a recovery of Rs. 7.32 lacs only. Still the outstanding dues works out to Rs. 3.87 lacs. Then DOM

a.. Cannot proceed against KU under Civil Lawb.. Since the bank had availed the support of SARFAESI

Act has to forego the balance outstandingc.. DOM should have applied their mind before invoking

Securitization Actd.. The bank can proceed against the borrower under Civil

Law subject to the provisions of Limitation Act as well.

154..Bank KA has used the Securitization Act provisions and could recover only Rs. 16 lacs . Still they will have to recover Rs.11 lacs plus interest from SR. Fortunately for KA the limitation period on the loan documents is intact.

a.. KA has to seek legal remedy through the Civil Court.b.. Bank has to seek legal remedy through DRTc.. KA has to forego since they have already availed the

legal avenued.. KA may have to approach the borrower straight away

and request him to settle the balance amount.

155. .Secured Creditor Bank Q has succeeded partially recovering the debt. After completion they are left with only personal security of the borrower L. However the loan documents have become time barred . The balance outstanding being Rs.10.83 lacs + interest and other charges.

a.. Q will fail on legal grounds b.. Q will succeed on legal grounds c.. Q to move DRT d.. Q to take up the matter with Banking Ombudsman

156..Whenever the Government makes a rule under the SARFAESI Act, the rule is so required to be kept before each House of Parliament, while in session for a total period of thirty days. Both the Houses should agree to the rules as framed and they can make modifications therein or decide not to make the rules.

157..A borrower knows that the bank (secured creditor) is contemplating to seek remedies under the provisions of the SARFAESI act. He decides to approach the court preventing the creditor to proceed accordingly

a.. The borrower would not succeed in his attemptb.. The borrower would succeedc.. The court will entertain the borrower’s

application d.. The Secured Creditor can not proceed under

the circumstances

158.. Bank UT has advanced on the security of book debts. Since the payment not forthcoming they would like to proceed against the borrower WX using the appropriate provisions of SARFAESI Act.

a.. Assignment beyond the purview of the Act

b.. Assignment within the purview of the Act

c.. Bank UT can proceed based on (b)

d.. Bank UT can not proceed based on (a)

159.. Bank B a secured creditor has transferred the security of the debtor LM to the securitization company AY for an agreed sum and obtained debentures. Since B has not got the money, B can

a.. Ask LM to pay b.. Not ask LM to payc.. Not ask LM to pay since in lieu of money they

have got the debenturesd.. Ask LM to pay in spite of getting debentures

from AY

160..During the process of Securitization measures, the borrower JH has cleared the entire debt taken from the secured creditor bank BC. There are no other outstanding dues from JH. Then

a.. JH should get all the securities free of chargesb.. BC to release their right on the securities c.. Both a & bd.. BC can still hold the securities for the future

finance of JH

161..Identify the one which is appropriate (SARFAESI Act)a.. The authorized officer has to give a notice 30 days

before sale of the immoveable property to the borrower about the sale

b.. There is no need to give a separate notice to the borrower about the sale of immoveable property and no time limit stipulated.

c.. In case of immoveable property, the purchaser has to deposit at least 50% of the amount within a reasonable period

d.. The authorized officer’s duty to obtain Sale certificate from the Registrar and hand over to the purchaser

162..The date agreed upon by the secured creditors representing not less than three-fourths in value, of the amount outstanding on such date. Any decision taken by such creditors is then binding on all other remaining creditors.

a.. Recorded Date

b.. Record Date

c.. Agreed Date

d.. Appropriate Date

163..Asset reconstruction means acquisition of any right or interest of any bank or financial institution in any financial asset for the purpose of realization. Powers to take measures for asset reconstruction are given without any prejudice to the provisions contained in any other law.

164.. If the cause of default in an unit is mismanagement or lack of expertise on the part of the existing management the securitization or reconstruction company has the powers to take over the management or change the management. This power can be exercised even when there is no default.

165..The SARFAESI Act is silent about the grounds or reasons on the basis of which action of acquisition can be taken. Therefore, loan agreements between bank/financial institution and the borrower are required to be taken into account as provisions of this do not have overriding effect on existing contracts and laws.

166.. If a complaint is not settled by agreement within a period of one month from the date of receipt of the complaint or such further period as considered by Banking Ombudsman, he can pass an award.

.. He shall be guided by the evidence placed before him, the principles of law and practice, directions, instructions and guidelines issued by RBI from time to time to pass the necessary award.

167.. A person duly appointed and authorized by a complainant to act on his behalf and represent him before a banking ombudsman, for consideration of his complaint is

a.. An Aggrieved Personb.. Appointed representativec.. Authorized representatived.. Constituted representative

168..The Banking Ombudsman Scheme is in force wef

a.. 1 January 2002

b.. 1 January 2003

c.. 1 January 2005

d.. 1 January 2006

169.. E is the NRI having a Non Resident External Account in one of the cities in India. He has sent a remittance. There has been in ordinate delay on the part of his banker in India to credit the proceeds. He had taken up the matter with the bank. The response has been very very poor. E

a.. Cannot take up the matter with Banking Ombudsmanb. Can take up the matter with Banking Ombudsmanc. Since E is not in India he looses the opportunity to avail

the benefit of Banking Ombudsman schemed. At the most E can once again refer the matter to his

banker only and his case is beyond the purview of Banking Ombudsman Scheme

170..Identify the odd one ( Banking Ombudsman)

a.. Delay in payment of inward remittancesb.. Levying charges with prior intimation to

the customer concernedc.. Non- observance of Reserve Bank of

India directives on interest ratesd.. Refusal to open a Recurring deposit

account in the name of the minor

171..A complaint under the Banking Ombudsman scheme can be

a.. Given only by the affected person

b.. Given only by the complainant

c.. Given by the Authorized representative

d.. Any one of the above

172.. For a Debt Recovery Tribunal, the Presiding Officer holds office for a term of 5 years from the date on which he enters upon his office or until he attains the age of 62 years, which ever is earlier.

a.. Correct b.. In correctc.. Not 5 years and 62 years but 3 years and 65

years respectivelyd.. Not 5 years but 7 years whereas 62 years of

age is correct .

173..As per the observation of the High Court, the DRT has power to entertain the application for execution of the decree of foreign court.

.. Every application to be filed before the DRT shall be accompanied by appropriate fees.

.. The Tribunal may , on giving opportunity to both the sides of being heard, pass interim or final order for payment of amount including interest thereon.

174. .A Civil suit which is pending stands transferred to the DRT. Then the fees payable

a.. Will be decided by the DRTb.. Standard fees to be paid as applicable to

a new case referred to the DRTc.. No fees required to be paidd.. None of the above

175..The DRT mechanism is not applicable to dues of

a.. Nationalized Banks

b.. Co-operative Banks

c.. Regional Rural Bank

d.. State Bank of India

176.. One of the employees of a bank has committed fraud resulting in a recovery of around Rs.13.70 lacs. Then the amount recoverable from him is a debt within the meaning of DRT Act.

a.. True b.. Falsec.. Not treated as a debtd.. Considered as a debt only

177..In the ordinary course of business a bank has permitted overdrawing in the current account of the party without a regular over draft limit. The amount outstanding being more than Rs.12 lacs.

a.. It is a debt recoverable under the DRT Actb.. It is not a debt recoverable under the DRT Actc.. The question of debt under the DRT Act does not arise

because there has not been any limit sanctioned as overdraft facility specifically

d.. It is considered as debt since money is taken by the party

178..The debt recoverable through DRT has to be

a.. Secured

b.. Clean finance

c.. Unsecured

179.. At the time of sanction of the facility and obtaining the finance, the amount was Rs.7.50 lacs. Over the period there has been accumulation and present liability is Rs.11.29 lacs.

a.. Matter can be taken up with DRT.b.. Matter has to be taken up with Civil Courtc.. Matter can be taken up with DRT after getting

proper permission form the Civil Courtd.. None

180..The Recovery Officer under DRT has to report to

a.. The Manager

b.. The Superior Officer

c.. The Presiding Officer

d.. None

181.. Presiding Officer of DRT isa.. Appointed by the Committee of Bankers

b.. Appointed by the RBI

c.. Appointed by the RBI in consultation with Central Government

d.. None of the above.

182.. Debt Recovery Tribunal is made up of more than one Presiding Officer.

a.. True

b.. False

c.. Not more than one

d.. Depending upon the size more no of Presiding Officers would be decided by the Government

183.. Which one is correct (DRT)a.. A person is qualified for appointment as presiding officer

of a tribunal if he is, or has been, or is qualified to be appointed as a District Judge.

b.. A person is qualified for appointment as presiding officer of a tribunal if he is, or has been, or is qualified to be appointed as a High Court Judge.

c.. A person is qualified for appointment as presiding officer of a tribunal if he is, or has been, or is qualified to be appointed as a Metropolitan Judge.

d.. None of these

184.. Under DRT, an Appellate Tribunal has to be headed by

a.. Only One person

b.. Presiding Officer

c.. Chairperson

d.. Both a & c

185..The Tribunal (DRT) may pass on interim order against the defendant to debar him from transferring or dealing with the property in any manner without the permission of the Tribunal. Such an order may be by way of

a.. Injunction

b.. Stay

c.. Attachment

186.. Appeal before the Appellate Tribunal to be disposed off finally from the date of receipt of appeal within

a.. 3 months

b.. 6 months

c.. 180 days

d.. None of these

187..There is no provision in the DRT Act for further appeal against the order passed by the Appellate Tribunal.

a.. True

b.. Writ Jurisdiction of High Court and Supervisory jurisdiction of High court not barred

c.. Special Leave Petition before the Supreme Court not barred

d.. All the above are correct

188.. The Correction any clerical or arithmetical mistake in Recovery Certificate has to be done by (Certificate issued by the Presiding Officer)

a.. Concerned Clerk himselfb.. The Presiding Officer of the Tribunalc.. The Recovery Officerd.. Any one of them

189..Bank A has received a notice from a Recovery Officer (DRT) directing the bank to remit a sum of Rs.25000/- lying with them in the account of their depositor R who happens to be the debtor for another bank S. The notice directed A to remit the money to the Recover Officer.

a.. Bank A has to obligeb.. Bank A need not obligec.. Since it is not a Garnishee order by a competent Court

Bank A need not obliged.. Bank A to ignore otherwise R can take objection

190..The Recovery officer while carrying out his job, a third party is affected. Then he can file an appeal

a.. Within 30 days

b.. To the Tribunal

c.. Both A& B are correct

d.. Both A & B are wrong

191..Who is not the public servant as per the Sect 21 of the Indian Penal Code.

a.. The Chairperson of an Appellate Tribunal

b.. A Director of a Public Limited Company

c.. The Recovery Officer

d.. The Presiding Officer of a tribunal

192.. The DRT issues Recovery Certificate to the applicant. Recovery Officer has to proceed to recover the amount specified in the Recovery Certificate, by adopting

a.. Attachment and sale of movable and immovable property of the defendants

b. Arrest of the defendant and his detention in prisonc.. Appointment of a receiver for the management of the

movable and immovable properties of the defendant.d.. Any one of the above.

193..Any person aggrieved by the order passed by the Tribunal or deemed to have been passed by the Tribunal under DRT Act, may prefer an appeal to the concerned Appellate Tribunal.

a.. Within 45 days form the date on which copy of the order is received.

b.. Within 45 days from the date of the order c.. Within 30 days from the date of the orderd.. Within 60 days from the date on which copy of the order

is received.

194.. Bank SK has moved the DRT for justice. Before the final order is passed Bank BY, who had also advanced to the same borrower has approached the DRT for inclusion in the same proceedings.

a.. Permissibleb.. Not permissiblec.. Not permissible since both the contracts are

differentd.. DRT would not entertain and advise the bank to

file a separate case.

195..Identify which one is incorrect (DRT matters)a.. Recovery officer can ask the defendant to

furnish by affidavit particulars of his assets.b.. The defendant can raise a plea before the

Recovery Officer about correctness of the amount ordered to be paid.

c.. A counterclaim filed before DRT has the same effect as a plaint in cross-suit.

d.. For the matters for which the Tribunals are empowered the Civil Courts have no jurisdiction.

196..Under the Bankers Book Evidence Act, the term Judge refers to

a.. Judge of a special Court

b.. Judge of a High Court

c.. Judge of a DRT

d.. Judge of Civil Court

197..The Bankers’ Book Evidence Act extends to whole of India except the Sate of Jammu & Kashmir,.

..Bankers’ books’ include ledgers, daybooks, cashbooks, account books and all other records used in the ordinary course of business of a bank.

198..A certified copy of any entry in a Bankers’ Book is received in legal proceedings as conclusive evidence for existence of such entry.

a.. Correct

b.. In correct

c.. It is not Conclusive but prima facie evidence

d.. Support

199.. For making the order that bank officer should either produce the books of account or appear as witness (as per the Bankers Book Evidence act) can be made by the Court or Judge with out summoning the bank. Such order shall be served on the bank at least 5 days before the same is to be obeyed.

a.. True b.. False c.. Not 5 days but 3 daysd.. At least 3 clear working days

200..If after taking out the copy from the books of the bank, the original books are destroyed in usual course of the bank’s business a further certificate to that effect of having destroyed the book is not necessary.

a.. Trueb.. Falsec.. The records associated with court matters should never

be destroyedd.. The records before destroying should ( in such cases)

have the permission of the competent court

201..For Compromise or settlement of disputes between parties this system organized under the Legal Services Authorities Act,1987 known as

a.. Lok Adalats

b.. Ombudsman

c.. Arbitration

d.. None of these

202.. Identify the incorrect one (Lok Adalats)a.. The monetary ceiling of amounts regarding

which civil disputes can be settled under this mechanism is Rs.20 lacs

b.. The monetary ceiling of amounts regarding which civil disputes can be settled under this mechanism is upto Rs10 lacs only

c.. Lok Adalats are not organized under the Lok Adalats Act

d.. There can be an appeal against the award of the Lok Adalat

203...Consumer Protection Council( identify the incorrect one)

a.. The Collector of the District to be the Chairman of the District Council

b.. State Consumer Protection Council to meet at least 3 meetings every year.

c.. For Central Consumer Protection Council the Chairman will be the Minister in charge of the consumer affairs in the Central Government.

d.. The highest council is the Central Council who has the jurisdiction for the entire country.

204..The Consumer Protection Act,1986 applies to

a.. All goods and services

b.. Goods for resale

c.. Goods for commercial purposes

d.. Both b & c are excluded

205..For filing any complaint before a District Forum, State Commission or the National Commission the limitation period is from the date of cause of action.

a.. 1 yearb.. 2 years c.. 3 yearsd.. None of the above

206.. If the compensation claimed is above Rs.20 lacs but does not exceed Rs1 Crore then the appeals against the orders of any District Forum to be preferred before

a.. The High Court

b.. The State Commission

c.. The Central Council

d.. The National Council

207..The Consumer Protection Act is not applicable in the State of Jammu and Kashmir.

..The Act is for better protection of the interests of the consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ dispute.

..The Act is social welfare benefit oriented legislation for the consumer providing self-contained quasi-judicial machinery to provide speedy and simple redressal to consumer disputes.

208..A dispute where the person against whom complaint has been made, denies or disputes the allegations contained in the complaint.

a.. Complaintb.. Consumer Disputec.. Disputed.. Allegation

209....District Consumer Protection Council to meet as an when necessary. There has to be at least two meetings every year.

a.. Correctb.. Incorrectc.. At least One meetingd.. At least Three meetings

210..Service of Notice under the Consumer Protection Act could be by way of (identify the incorrect one)

a.. Registered post with acknowledgement due

b.. Speed post

c.. Local courier

d.. Fax

211..It refers to such goods and services which are claimed to be genuine but they are actually not so.

a.. Defective goods

b.. Inefficient services

c.. Bogus goods and services

d.. None

212..Identify the odd one (Consumer Protection Act, 1986) Person

a.. An unregistered firm

b.. A co-operative Society

c.. Both a & b

d.. None

213..A price stated to be a bargain price by reference to an ordinary price or a price at which the product is ordinarily sold or otherwise. (Consumer Protection Act,1986)

a.. Agreed Priceb.. Arrived Pricec.. Final Priced.. None

214..Under the Consumer Protection Act,1986, he is the person, in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and whereas such goods are sold or distributed in package form, includes the packer thereof.

a.. Packerb.. Traderc.. Sellerd.. Final Distributor

215..In one of the cases relating to consumer dispute, the addressee has refused to take delivery of the notice (not the approved method of serving) and in such cases the responsibility lies with whom to confirm that the notice had been duly served to the concerned addressee

a.. District Forumb.. State Commission c.. National Commissiond.. Any one of them (as the case may be)

216.. Which one is correct (Consumer Protection Act. 1986)

a.. All notices required to be served on the opposite party are deemed to be sufficiently served if addressed to the place where business or profession is carried on by him

b.. All notices required to be served on the opposite party are deemed to be sufficiently served if addressed to the place, where he permanently resides

c.. All notices required to be served on the opposite party are deemed to be sufficiently served if addressed to the place where he is presently living

d.. All notices required to be served on the opposite party are deemed to be sufficiently served if addressed to the place which is furnished in the records as his address

217..For the trial of offences under the Consumer Protection Act,1986, the District Forum, State Commission or National Commission as the case may be deemed as and is conferred with the powers of

a.. High Court Judgeb.. First Class Judicial Magistratec.. Supreme Court Judged.. Metropolitan Magistrate

218..In the interest of Justice the National Commission may transfer, on the application of the complainant or on its own motion, any proceeding at any stage from one District Forum of one State to a District Forum of another State and from one State Commission to another State Commission. (Consumer Protection Act)

219..National Commission’s chief is known as the President. (Consumer Protection Act)

a.. He is appointed by the Central Government after clearance from the Parliament

b.. He is appointed by the Central Government who need not consult any one

c.. He is appointed by the Central Government in consultation with the Chief Justice of India

d.. He is appointed by the President of India

220.. A person who is or has been Judge of a High Court, who shall be the President of the State Commission. (Consumer Protection Act)

a.. His appointment need not be made in consultation with the Chief Justice of the Supreme Court

b.. His appointment need to be made in consultation with the Chief Justice of the High Court

c.. Both a and bd.. None

221..Which one is correct (Consumer Protection Act)a.. Any aggrieved person by the order passed by the

District Forum cannot prefer an appeal to the State Commission within a period of 30 days from the date of the order

b.. The State Commission do not have the powers to condone the delay in preferring an appeal.

c.. Every member of the State Commission shall hold office for a term of 5 years or up to the age of 65 years, whichever is earlier.

d.. Every appointment as a member of the State Commission has to be mad by the State Government on the recommendations of the Chief Justice of the High Court

222..Consumer Protection Act (For appointment as a member of the State Commission has to be done by the State Government on the recommendations of the Selection Committee)

a.. The President of the State Commission, who shall be the Chairman of Selection Committee

b.. Secretary, Law Department of the State, who shall be the member of the Selection Committee

c.. Secretary-in-Charge of the department dealing with Consumer Affairs in the State, who shall be the member of the Selection Committee

d.. All the above mentioned persons

223..Every proceedings before the District Forum shall be deemed to be a judicial proceeding within the meaning of appropriate provisions of the Indian Penal Code and the District Forum shall be deemed to be a Civil Court for the appropriate provisions of the code of Criminal Procedure

224..In a proceedings (District Forum) the President and one member differ on one point

a.. The point of difference to be ignored

b.. The view point of the President will prevail

c.. The point of difference to be taken into consideration for proper discussion followed by appropriate decision

d.. None

225..A Bench (National Commission) may be constituted by

a.. Supreme Court

b.. President of the National Commission

c.. High Court

d.. Committee of High Courts Judges headed by the Judge of the Supreme Court

226.. An interim order has been passed by the State Commission for attachment. If within a certain period of attachment of property, the person does not comply with the order, the attached property is sold. Identify the period specified.

a.. 30 days of the orderb.. 3 monthsc.. No such specific period but at the discretion of

the respective forum / Commissions d.. None of these

227.. Debtor R has executed a Demand Promissory Note and a Hypothecation agreement to Bank BOM. Then the bank has made available the finance.

a.. Valid contract b.. Invalid contractc.. Quasi contractd.. No contract

228.. J the Debtor had executed a demand promissory note on 16.03.2006. Identify the correct limitation date.

a.. 16.03.09 b.. 15.03.09c.. 17.03.09d.. None of the above

229 .. V & S have taken a loan from bank T, by executing a demand promissory note and other documents jointly.

a.. S is not the promisorb.. V is the promisorc.. S & V are promisorsd.. T,S &V are promisors

230.. D had executed an acknowledgment of debt on 22.02.08 for the Demand Promissory Note executed on 20.12.05 and handed them over to the Creditor W on the respective dates. Find out the exact limitation date available to W to proceed legally.

a.. 22.02.11b.. 20.12.08c.. 19.12.08d.. 21.02.11

231..Period of limitation is always in relation to a document which entitles the beneficiary to take action in a court of law. Period of limitation means the period of limitation prescribed for any suit, appeal or application by the Schedule, prescribed period means the period of limitation computed in accordance with the provisions of this Act (Limitation Act,1963)

Suit does not include an appeal or an application

232.. Identify the limitation period not three years in respect of

a.. A Demand Promissory Note

b.. An Hypothecation Agreement

c.. A Mortgage Deed

d.. An Acknowledgement of Liability

233.. B the borrower of bank C had executed a DPNote on 22.04.05. When the bank wanted to obtain an acknowledgement of debt they came to know he has gone out of the country since 27.05.07 and returned only on 12.10.08.

a.. Bank C had lost the opportunity to sue B filing a suitb.. Bank C has not yet lost the legal right to file a suitc.. Bank C should have taken recourse on or before

27.05.07d.. Since the debt is time barred, Bank C has lost its legal

right to recover

234.. While calculating the limitation period there has been an error resulting in approaching the court on the next day of the reopening day of the court after court holidays.

a.. Plaintiff may not succeed

b.. A suit may be admitted

c.. The suit should have been filed on the reopening day

d.. There is no such odd and fast rule

235.. Bank G has issued a Bank guarantee. The due date (expiry date) being 31.10.08. In case of dispute identify the limitation date. Guarantee not invoked by the beneficiary.

a.. 3 years from the due date

b..12 years from the due date

c.. No limitation date since guarantee not invoked

d.. Usually the limitation period in these cases should be from the date of claim only

236.. Bank SX has obtained loan documents from the borrower/s (including the surety) on 13.03.06. Borrower D and Guarantor J.

D has executed a DP Note and J a guarantee agreement on the said date. Then the limitation period

a.. 3 years against both of themb.. 3 years against only Dc.. 3 years against only Jd.. None

237.. The guarantor U refused to pay when asked to pay by the creditor H. The main borrower being C.

a.. H can still proceed against U

b.. H has to forego his legal right against U

c.. H cannot proceed against both C & U

d.. None

238..Bank D has not been successful in getting the limitation period on a DP Note executed by L. The three years period expired on two days ago. D

a.. Has to forego the legal rightb.. May depend upon the repayment (if made) by L

or his authorized agent subject to certain conditions

c.. May not succeedd.. May fail and L will receive the benefit

239.. There has been a part payment made in the borrower’s account when the document was having life. Relying on that the Bank wanted to proceed legally. On verification it has been found that the voucher accompanied the payment has not been signed by any one and the amount is only Rs.100/- Under the circumstances

a.. Still the bank can proceedb.. Bank cannot proceedc.. What is required is part payment and hence Bank would

succeedd.. Bank has the discretion to proceed on the basis of the

above payment

240.. A time barred debt can be revived as per the provisions of the

a.. Limitation Act

b.. Negotiable Instruments Act

c.. Banking Regulation Act

d.. None

241.. A person has taken an installment loan . The loan has to be repaid on yearly basis for 10 years. The documents executed on 01.01.2002. The first installment started wef 01.01.2004 on wards. The borrower has paid till 01.01.07. Bank has not obtained any Acknowledgement of debt so far.

a.. Bank has to forego the outstanding amountb.. Bank cannot file a suitc.. Since the debt is time barred bank will loose its legal

rightsd.. None

242..Identify the assessment year as per the IT Act for the financial year ending 31st March 2008.

a.. 2007-08

b.. 2008-09

c.. 2009-10

d.. None

243..The income accruing or arising, to a person is taxed on the basis of ‘Assessment Year’. The term Assessment Year represents the period of 12 months beginning from 1st April every year. Identify the person mentioned

a.. An assessor

b.. An assessee

c.. A tax payer

d.. An employee

244..C is the NRI customer of Bank Q. He has earned income in his NRO account. Then his banker is obliged to deduct tax at source and remit to the concerned ITO

a.. True b.. NRI customer is not taxedc.. In view of (b) the bank need not deduct TDSd.. In addition to (a) unless otherwise the NRI

produces a proper order from concerned ITO exempting, the banker has to deduct TDS and remit which is statutory.

245.. Which statement is correct (Income Tax)

a.. NRE deposit interest attracts Income Tax

b.. FCNR interest is taxable

c.. NRI and persons who are not ordinarily resident in India, any income derived abroad is not taxable and only income accruing or arising in India is liable to tax in India

c.. NRO interest earned beyond the purview of IT.

246..Banking Cash Transaction Tax which was introduced wef 01.06.05

a.. Still in vogue

b.. Since withdrawn

c.. Since modified

d.. Being continued in selected areas

247.. Identify the odd one (Service tax for Banking Transactions)

a.. Lockers

b.. Interest income of the bank

c.. Advisory services

d.. Demand Draft issuing

248.. Service Tax is not applicable for import of goods.

a.. Appropriate

b.. Not appropriate

c.. The correct position is it is applicable for import of services

d.. It is applicable to export of services and not for import

249.. Advance tax need to be paid in a single stroke.

a.. True

b.. False

c.. It has to be paid in 4 installments

d.. There is no concept called Advance Tax

250..A person deducting TDS has to file a return of TDS

a.. Monthly

b.. Bi monthly

c.. Half yearly

d.. None

251.. A is earning an annul income of less than Rs.1.00 lac. He has deposits (Term) which gives him an annual interest of Rs.27500. A has informed the Bank not to deduct tax.

a.. His bank has to carry out his requestb.. Unless he gives an appropriate form, the bank will have

to deduct TDSc.. As a part of Customer Service the bank has to support

the customerd.. Bank is not obliged to deduct TDS since the total

income inclusive of interest not coming under tax bracket

252..Banks generally help their customers in filing their individual IT returns

a.. True

b.. Not True

c.. Banks do not undertake this type of services

d.. Unless specifically authorized the Banks do not undertake such services

253..Identify which is not a valid contract.

a.. Proposal and acceptance

b.. Consideration

c.. Free consent

d.. Agreement without consent

254.. D has bailed his goods with R. Who is responsible in case there is a loss to the goods bailed.

b.. R. Provided he has not taking adequate care

c.. Not R but D

255..Under Pledge, the possession is with the

a.. Borrower

b.. Creditor

c.. Owner

d.. Debtor

256..Consideration not required for

a.. An agency

b.. Safe Custody Article

c.. Mortgage

d.. Safe Deposit locker

257.. B has sold goods to A on credit basis. The sold goods are under the possession of A. Who has the right of re sale

a.. Obviously A

b.. Only B

c.. None of them

d.. With the permission of A, B has the right

258.. Contract could be

a.. Valid

b.. Invalid or Void

c.. Voidable

d.. Any one

259..A father of a minor has availed a loan on the security of Minor’s term deposit

While obtaining the loan documents the banker has overlooked to record the purpose of the loan even though such a paper has been obtained.

a.. Bank’s interest will not be protectedb.. Set of documents will support the bankerc.. Bank’s interest need not depend on that

particular issued.. At least in future the banker has to be careful

260.. A loan has been taken by O. There is no security. O dies during the loan is pending. Bank B who has given the loan cannot get back the dues.

a.. Since O died the contract has come to an endb.. Bank B may get back the dues by taking

appropriate stepsc.. Bank B should have properly secured their

financed.. Bank’s negligent will cost them

261.. E has approached bank S for a finance on the strength of the Life Policy. The bank has considered the request and loan granted after competing the formalities. In case E survives on the maturity date of the policy, who will get the money from Life Insurance Company.

a.. Eb.. Assignee of Ec.. Nominee of Ed.. Assignor

262.The right of subrogation is available for

a.. Guarantor

b.. The Insurance Company

c.. Both a & b

d.. Only the Surety

263.. A person takes an insurance policy on his life. After receipt of the policy documents ( within 3 days from the date of taking the policy) unfortunately he dies. The insurance company is

a.. Not obliged to settle the claimb.. Obliged to settle the claim c.. Having the right to probe into the matter before

taking decisiond.. Not required to settle the claim since the policy

has not completed the minimum period of 3 years

264.. To receive rents and profits arising from the property

a.. Simple Mortgage

b.. Usufructuary Mortgage

c.. English Mortgage

d.. Mortgage By way of Conditional Sale

265..Bank X has lent money to R on the personal guarantee of Y. X took a demand promissory note from R and a guarantee agreement from both Y & R. Among other contents, the guarantee agreement protected the bank with special clauses for which Guarantor Y has given his consent. When R failed to repay, X asked Y to repay the loan. He promptly refused and advised the bank to approach R who only has taken the money. After trying and exhausting all the remedies against R, then only X can approach him and not before that, that is what Y told the bank.

a.. The stand of Y is not incorrectb.. The stand of X is appropriatec.. What Y revealed has substance which would protect himd.. X would still succeed if they proceed against Y even without proceeding against R based on the guarantee agreement contents

266..Where there are co-sureties, a release by thecreditor of one of them does not discharge the others. Also, the surety released does not become free from his responsibility to the other sureties...A surety has the right of Subrogation...Any guarantee obtained by means of misrepresentation made by the creditor is invalid...Any guarantee which the creditor has obtained by means of keeping silence as to material circumstance is

also invalid.

267..JN, a Director of the Private Limited company had given his personal guarantee for the credit facilities extended to the company. After some months he left the company (resigned ) and joined some other organization. While leaving the company, he has intimated in writing to the bank that he is resigning from the company. Later on the Bank decided to proceed against the company for recovery. They have decided to implead JN as well

a.. Bank will be in order in doing sob.. Since JN is no more part of the debtor, Bank cannot implead himc.. Since Bank is the creditor and JN has not been replaced by any

other guarantor bank can do sod.. Bank will not succeed in proceeding against JN. Instead they should

concentrate on the company and other existing directors

268..Z has appointed U as his agent In turn U has appointed L (another person) to look after the affairs of Z for whom U has been appointed. Then L is

a.. Not a Principalb.. Sub Agentc.. Substituted Agentd.. Manager

269.. No consideration is necessary to create an agency.

.. In an emergency, an agent has authority to do all acts to protect his principal form loss as would be done by a person in his own case.

.. An agent can detain money received by him on account of goods sold, even if all the goods consigned to him for sale are not sold.

270.. A bank as a collecting banker hasmisplaced the cheque accepted for collection. The customer when he approached to know about the realization of the cheque, then only the bank could realize it has misplaced theCheque. a.. The bank is responsibleb.. Till the cheque is realized or returned, the bank is not responsible.c.. If the cheque had been purchased then the bank would have been

responsible and not for collection item.d.. The bank is not responsible

271.. Bank D has been entrusted the assignment of getting the payment from an upcountry bank branch. D has sent the cheque in question. After that at the request of the Payee E, D has purchased the cheque already sent. Identify the role of D.

a.. Agent for Eb.. Principal for Ec.. Collecting Bankerd.. None

272.. The agent has been authorized by the Principal to spend a sum up to Rs.7000/- in the ordinary course of business. The agent spent Rs.7200/-

a.. Agent is well within the powers conferred

b.. Agent has to seek approval

c.. Agent has to seek ratification

d.. Agent can show the expenditure as Rs.6900 /- and Rs.300 to avoid complications

273.. D is having a Savings Bank account. He wish to appoint another person V to operate the account in his absence. Then

D can give

a.. Power of Attorney in favor of V

b.. A Letter of Authority in favor of V

c.. Either one

d.. None

274..Whether a stipulation in a contract of sale is condition or warranty depends on the types of contract. Even if the parties have agreed that a stipulation is a warranty, in fact, it may be a condition if it is the basis of the contract.

.. If the sale of goods is by description, there is an implied condition that the goods shall correspond with the description.

275.. A B C & co a partnership firm has a current account with bank Y. The account is operated by any one of the partners. A cheque (open cheque) received signed by one of the partners B, representing the firm and in favour of B. Another cheque signed by C representing the firm favouring Self.

a.. The bank is in order in paying both the chequesb.. The bank is not in order in paying both the chequesc.. The bank is in order in paying the cheque signed by B

and not by Cd.. The bank is in order in paying the cheque signed by C

and not by B

276..Bank E has got the documents executed by a Limited Company. However they have overlooked to get the Common Seal affixed on these documents. A reference to the Articles of Association has revealed that affixing the Common Seal for the documents has not been mentioned. In other words, the Articles of Association is silent with regard to the same.

a. Bank will get protectionb. Bank cannot recover the dues based on the

documents so executed without common sealc. Affixing of Common Seal is compulsory in such cases.d. Affixing of Common Seal is not compulsory unless it is

specifically stated in the Articles of Association

277..When a company exercise its powers to promote and/or realize any of its objects stated in the Memorandum of Association, it is known as Intra vires ( i.e., within the powers of ) the company.

.. Any other act of the company which is outside the scope of the objects clause of the Memorandum of Association is called Ultra vires(i.e., beyond the powers of ) the company

278.. Doctrine of Constructive notice states that every outsider is assumed to have read the Memorandum of Association and Articles of Association.

.. Doctrine of Indoor Management lays down that the outsiders are not required to see the compliance of internal regulations of the company.

279..A company has been formed for promotion of science. They would like to have the name without Private Limited. Then the permission is to be given by

a.. Company Law Board

b.. Registrar of Charges

c.. Registrar of Companies

d.. None

280..Capital Clause in the Memorandum of Association to discuss about the

a.. Authorized Capital

b.. Issued Capital

c.. Subscribed Capital

d.. Paid up Capital

281.. The memorandum of association is a dominant instrument as is states the purposes of the company and the reasons for which it has come into existence.

.. The articles of association are always held to be subordinate to the memorandum of association because the articles of association are merely the internal regulations of the company while the memorandum of association states the objects of the company beyond which the company cannot go.

282.. A Private Limited Company wish to change its Registered Office to another State. Then

a.. They can do so and intimate Registrar of Companies of both the States

b.. They have to pass a Special resolution and with the sanction of Company Law Board they can proceed further

c.. The post facto approval from the Central Government (Law Ministry ) essential

d.. Matter to be referred to Company Affairs Authority for guidance

283..Bank H has not fully gone through the contents of the Object Clause of the Memorandum of Association (MA) They lent to the company for a particular purpose. After the loan has been availed by the company, it came to the knowledge of the bank, that the company is not dealing with the goods (as per the MA ) for which finance has been given.

a.. Bank need not worryb.. Company, if they do not pay, can be insisted legallyc.. Bank can still get the money, since they have taken

necessary loan documentsd.. Bank need to worry

284..A person is deemed to become a member of a company if he allows his name to be put on the register of the members or otherwise holds himself out as a member even if there is no agreement to become a member.

a.. Membership by Acquiescence

b.. Membership by Association

c.. Special Member

d.. Share Transmission

285.. Shares had been issued in the name of F. He has recently died. F had not nominated any person. Then his wife J (only legal representative) wish to become the share holder.

a.. Transfer of Sharesb.. Transmission of Sharesc.. Acquiescence of Sharesd.. Allotment of Shares

286.. Although a company is a separate legal entity distinct from shareholders in reality, it is an association of persons who are the beneficial owners of all the corporate property. Hence it may sometime become necessary to look at the persons who are behind the Corporate Veil. The Corporate Veil is said to be lifted or pierced when the Court ignores the separate entity of the company and directly concerns itself with the members or directors of the company. There is no specific law as to when this should be done. Court decides this as application on case to case basis.

287..Who cannot be a member of a company

a.. Partner

b.. Company

c.. NRI

d.. None

288..Which one is not a statutory right

a.. Transfer of Shares

b.. To receive dividends

c.. Receive Copy of Balance Sheet

d. To file a petition to the High Court to order winding up of the company

289.. To participate in the distribution of assets in case of liquidation of the company is called

a.. Statutory Right

b.. Proprietary Right

c.. Ordinary Right

d.. Documentary Right

290.. Statement by Expert has to be part of

a.. Articles of Association

b.. Resolution

c.. Memorandum of Association

d.. None

291.. A Prospectus can be issued

a.. Before formation of the company

b.. Only after the Incorporation of the Company

c.. At the discretion of the Registrar of Companies

d.. At the will of the concerned Company

292..The provisions of FEMA(1999) extend to all over India and also apply to all branches, offices and agencies outside India owned or controlled by a person resident in India and also to any contravention committed outside India by any such person to whom this Act applies.

293..Currency under FEMA means and includes

a.. Postal Notes

b.. Postal and Money orders

c.. Letter of Credit

d.. All

294.. Identify which one is not a Current Account Transaction

a.. Payments due as interest on loans and as income from investments

b.. Remittances for living expenses of parents, spouse and children residing abroad

c.. Remittances into NRI account holder in India

d.. Expenses in connection with foreign travel for medical treatment of a resident

295.. Capital account transactions means transactions by which there may be a change (either an increase or decrease) in the assets or liabilities outside India or persons resident in India or assets or liabilities in India of persons resident outside India

296.. A contract of sale of goods is a contract under which the seller transfers or agrees to transfer the property in goods to the buyer for a price. When the property in the goods is transferred from the seller to the buyer, the contract is called a sale.

297..Goods means every kind of moveable property (other than actionable claims & money).

* Stock and shares, growing crops , grass and things attached to or forming part of land which are agreed to be severed before sale or under the contract of sale.

298..When the transfer of the property in the goods to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell.

• Under sale the risk in goods is with the buyer.• Under sale both parties have already performed

their part.• Under sale the ownership stands transferred

whether the goods are delivered or not

299..Under sale the seller does not deliver the goods the buyer can file a suit and demand specific performance and delivery of the goods.

* In case the buyer fails to pay, the seller has the right to file a suit and demand the price

300..Under an agreement to sell both the parties are yet to perform.

• The ownership remains with the seller• The risk in goods still with the seller, only after

the sale is effected it will pass on to the buyer• If seller fails to deliver the goods/property then,

the buyer can only claim damages in a suit• Here the seller may not part with the goods till

payment is made by the proposed buyer.

301..Express conditions and warranties are those which are expressly stated in the contract. Implied conditions and warranties are those which the law implies into every contract of sale of goods.

*** In a sale of goods by description, there is an implied condition that the goods shall correspond with the description

302..If the sale is by sample there is an implied condition that the bulk shall correspond with the sample in quality.

Further, the buyer will have an opportunity to compare the bulk with the sample.

Goods should be free from any defects

303.. Caveat means a warning or caution. It is the responsibility of the buyer to check or examine before purchasing. The Caveat emptor means Buyers Beware. After selecting by his own judgment later on the purchaser cannot complain or put the blame on the seller. While purchasing the buyer has to be careful to avoid complications later on.

304..Unpaid seller’s rights against the Buyer personally arise out of breach of contract and the seller can file a suit to claim damages, claim the price of goods with interest and he can also repudiate the contract.

305.. A partner is the agent of the firm for the purpose of the business of the firm.

A partner can make the firm liable by his acts, if done in the name of the firm and in the ordinary course of business of the firm.

An act done by a partner to carry on the kind of business done by the firm ( in the usual way) binds the firm. This authority of a partner to bind the firm is called his “ implied authority”.

306.. J has been admitted to receive the benefits of the firm when he was a minor. Subsequently J became a major. He has not given any public notice to the effect whether he wanted to become a partner or not.

a.. J will not become a partnerb.. J will become a partner automatically on completion of

six months from the date on which he has become the major

c.. Since J did not give any public notice he will not be allowed to become a partner

d.. It is left to J to become a partner or not and there is no specific notice required

307.. Among other clauses in the Partnership deed, it has been clearly mentioned that the bank account can continue even after the death of any one of the partners. The firm has 4 partners. One of them died recently. Then the bank

a.. Has to close the accountb.. Can allow the existing partners to use the existing

accountc.. Usually closes the account to avoid complicationsd.. Can rely on the Partnership Act provisions

308..The Right to Information Act is applicable through out India except the State of Jammu and Kashmir.

..As per the Right to Information (Regulation of Fee and Cost)Rules,2005, the application shall be accompanied by a fee of Rs.10/-

.. The Act provides opportunities to call for information which could provide vital details to proceed further in case of need.

309..The Central Government can constitute a body called the Central Information Commission and the State Government to set up the State Information Commission. Appeal could be filed within 30 days from the expiry of period (normally 30 days)

310..The Prevention of Money Laundering Act,2002 was enacted to prevent money laundering. The Act provides rigorous punishment for the offence of money laundering .Central Government has in consultation with RBI has framed certain rules. They include what records to be maintained, retention of records, verification of identity of client and furnishing information in respect of the transactions to the Director and so on

311..According to the Information Technology Act,2000 certifying authority means a person who has been granted a licence to issue a Digital Signature Certificate.

..Digital Signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure

..Key pair is an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key.

312.. The key of a key pair used to create a digital signature.

a.. Private key

b.. Public key

c.. Both

d.. None

313.. The key of a key pair used to verify a digital signature and listed in the Digital Signature Certificate

a.. Public key

b.. Private Key

c.. Both

d.. None

314..As per the provisions of the Information Technology Act 2002, who shall advise the Government as regards any rules or for any other purpose connected with the said Act.

a.. Not below the rank of the Deputy Superintendent of Police

b.. Ministry of Information Technologyc.. Reserve Bank of India in consultation with the

Prime Minister’s Officed.. None

315.. The Information Technology Act facilitated the amendments to

a.. Indian Penal Code and the Indian Evidence Act

b.. Bankers’ Book Evidence Act and Reserve Bank of India Act

c.. Both a and b

316.. A system of a secure key part consisting of a private key for creating a digital signature and a public key to verify the digital signature.

a.. Access

b.. Asymmetric crypto system

c.. Control system

d.. Function

317..(1)The mortgagor apparently sells the mortgaged property to the mortgagee (2) The mortgagor delivers possession of the mortgaged property to the mortgagee

a.. Simple & Equitable

b...Conditional Sale & Usufructuary

c.. Simple & Usufructuary

d.. English & Conditional Sale

318..Identify the mortgage not popular with bankers while obtaining immovable properties as security.

a.. Mortgage by way of Conditional Sale

b.. Usufrctuary Mortgage

c.. Simple Mortgage

d.. Both a & b

JAIIB/Diploma in Banking & Finance LEGAL & REGULATORY ASPECTS OF BANKING MODULES C & D.

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Transcript of JAIIB/Diploma in Banking & Finance LEGAL & REGULATORY ASPECTS OF BANKING MODULES C & D.

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