Wednesday, 22 November 2017

Legal-3-part-3

Legal-3 part-3
14. Loan against Book Debts is characterized by.
a) Pledge
b) Appropriation
c) Assignment
d) Hypothecation
Answer: C
All book debts are assigned by borrower in favour of bank. Bank has to register assignment with borrower’s debtors.

Mortgage
1. Mortgage does not need to have one of the following for lending with regard to property?
a) Physical possession
b) Transfer of interest
c) Purpose to secure money
d) Intervention for sale
Answer: A

2. One of the Mortgages below need not require intervention of court?
a) Deposit of Title Deeds
b) English mortgage
c) Mortgage by conditional sale
d) Usufructuary mortgage
        Answer: B
Creditor/bank can take action directly in English mortgage.

3. Foreclosure means.
a) Right to sell
b) Loss of Right to Mortgagor to redeem the property
c) Right to take possession
d) Loss of Right to Mortgagee to sell
Answer: B

4. Mortgage by conditional Sale gives a right to Mortgagor?
a) To own the property
b) To possess the property
c) To get the property retransferred to mortgagor on repayment of loan
d) To enjoy rent out of property
Answer: C

5. Usufructuary Mortgage has one of the properties related to it?
a) To receive rental income towards adjustment of loan
b) To go to court in case of failure repayment
c) To seek foreclosure
d) To receive rents for mortgagee’s personal expenses
Answer: A

6. The characteristics of E.M?
a) Deposit of title deeds in a notified town
b) Oral contract
c) Less expensive
d) A & C
e) A, B, C
Answer: E

7. A mix of different Mortgages listed in transfer of Property Act is called __________?
a) Mortgage by conditional sale
b) English Mortgage
c) Usufructuary Mortgage
d) Anomalous Mortgage
Answer: D

8. A Mortgagor enjoyed 3 facilities in different NBFC’s and additionally from an individual. First mentioned three were registered mortgages; second mentioned one was by deposit of title deeds but, MOD was done one year later. Which one has the priority?
a) Mortgage deed No.1. Date 15.10.2015
b) Mortgage deed No.2. Date 24.11.2015
c) Deposit of Title deeds 25.9.2015 & MOD 25.9.2016
d) Mortgage Deed no.3 Date 26.9.2016
Answer: C
Explanation: Remember Date of execution has the priority even if MOD is done later; 25.9.2015 is the earliest so C is the answer.

9. ‘A’ availed a CC facility in Bank B in Mumbai. But the property was situated in Thane District  in Taluk/tehsil– E, Which has a Civil Court. E.M was made at Thane. If loan becomes NPA, the bank is to file a suit at ________?
a) Mumbai first class chief Metropolitan Court.
b) Taluk -E
c) Thane
d) High Court Mumbai
Answer: B
Explanation: Jurisdiction for filing a suit is where the property is situated. Taluk-E has a civil court which has the jurisdiction over this property related cases in this taluk.

10. When a Bank or Creditor files a suit for recovery of money under Mortgage, Initially the Court issues ___________. This gives time for_____ to Debtor. Finally if Debtor fails, to pay, Court issues _______. Limitation period for filing a suit for any agreement is ________ years. While for foreclosure it is ______ years.
a) 12                                                             
b) Final Decree
c) Repayment                                             
d) 30
e) Preliminary Decree
 Pick up the correct combination of answer:
A)  E, C, B, D, A.
B)  E, C, B, A, D.
C)  B, C, E, D, A.
Answer: B

Laws Relating to Securities – II

1. In a pledge, _____ passes on to __________?
a) Ownership
b) Possession only
c) Ownership and Possession
d) pawnor
e) Pawnee
f) b & e
g) none
Answer: f
Explanation:
Try to remember our gold loans; borrower hands over his jewels to banker as security. Here, possession only goes to banker and not the ownership.

2. Bank -B received the document of title to goods – a warehouse receipt as security for a loan of 10 lakhs. The warehouse receipt was for wheat worth 14 lakhs. This security is called _________?
a) Hypothecation
b) Pledge
c) Lien
d) Constructive Pledge
Answer: D
Explanation: In a constructive Pledge, actual goods are not handed over to Pawnee. There is no physical pledge. But as a symbolic transfer of goods, only the key of the Godown or title to goods is handed over to Banker. If LR/RR/Warehouse receipt/ bill of lading is produced by the holder (in this case bank) and he gets the right of possession and ownership if endorsed by consignee/the receiver.
Consignor: who sends goods;
Consignee: in whose name goods are sent/the receiver
‘A’ sends goods with BOE and LR to ‘B’. B endorses the LR to bank. Bank becomes holder with right of possession.

Pledge of title to goods like warehouse receipt:
Pledge of this type of receipt is called *ATTORNMENT. By *attornment, a valid **constructive pledge can be created. Constructive pledge is symbolic transfer through papers like RR/LR or key of the godown.

3. One of these cannot create pledge?
a) Pawnor
b) Owner
c) Lessee
d) Mercantile Agent
Answer: C
Explanation: A Pawnee/banker/creditor can *re-pledge the goods already pledged to him. Even the mercantile agents who receive goods on behalf of principal can pledge goods.

4. Fill in the blanks:
A Pawnee has to give _______ for a reasonable period and then only resort to ________. Without issuing notice Pawnee cannot ______. It he sells, it will be treated as _______.
a) Conversion
b) Sale
c) Sell
d) Notice
Choose the correct combination:
A.    a, d, b, c.
B.     d, b, c, a.
Answer: B.
Explanation: Again remember what our banks do. They compulsorily give notice to borrower for repayment; then for auction. So, this is the procedure.
Don’t go for sale directly; give notice; then only go for sale.
What is conversion?
Conversion, in simple terms, means change from one to another. Pawnee gets  possession rights only; or a bailee’s rights. If pawnee prefers to sell the goods bailed/pledged to him without information to pawnor, he is completely wrong. **He converts ‘bailee’s possession right in to ownership’s right. This is called in legal parlance ‘CONVERSION’.
Just think, can a lessee sell a house because he has not got the advance rentals back?

5. True-t or False-f?
a) Government can take over the pledged goods from Pawnee for tax dues.
      Answer: f
b) A Government Bond was pledged. Interest is directly received by the bond holder/pawnee.
     Answer: t
Explanation:
a.     Nobody has a right to take over pledged goods from bank/creditor/bailee/pledge.
b.     Owner/bailor is always has the right to receive income from the pledged goods/bonds.   

6. Hypothecation cannot be done on?
a) Work in progress
b) Stock
c) Book Debts
d) Unpaid goods
e) Machineries fixed to ground
f) Vehicles
Answer: D.
Explanation: If a bank finances on the security of unpaid goods, bank loses its right to sale of goods who has first rights over unpaid goods. Unpaid seller has lien over them.
Banks never give loan for unpaid goods. They look for fully paid goods only.

7. Lien is?
a) Right to possess
b) Right to pledge
c) Right to bail
d) Right to hypothecate
Answer: A
Explanation: Lien can be done only on the goods under possession of creditor / Banker like Deposits, pledged goods etc.
Bank has 50000 deposit. Banker gives a loan of 30000. Bank need not take pledge because deposit is already with banker only. So, they just mark a ‘lien’ on deposits.

8. Set off can be done on?
a) Deposit of a customer of our Bank
b) Loan of a customer of our Bank
c) When deposit and loan are available for the same customer in the same Bank
d) None of these
Answer: C
Explanation: Deposit can be adjusted against a loan after becoming due in the same Bank for the same customer.

Charges
1. Meaning of Charge is?
a) Security for a loan
b) Surety for a loan
c) Accusation of a Crime
d) Fees on a service
Answer: A
2. Fill in the blanks.
    1. A charge is of ________ types.
    2. If charge is created on a well defined specific property, it is called ________ charge.
3. A general / unspecific charge, which covers present and future accrual of property or reduction in property, is called _____ charge. 
4. A property under general charge when taken over by Bank becomes ________ and FIXED.
a) Floating
b) Fixed
c) Two
d) Crystallized
Select from the combo:
A.    1-C, 2-A, 3-B, 4-D.
B.     1-C, 2-b, 3-A, 4-D
Answer:B
Explanation:  A charge is ‘a right over security if need arises’. The right is affected when failure of repayment occurs.
Fixed charge:
 When a house is kept under security, its value remains fixed at least for 3 years till next valuation is done.
Floating charge: 
Goods are hypothecated. But daily goods come in and go out on sale. There cannot be a permanent value fixed to it. It changes everyday with sale and purchase. So, it is called ‘Floating’ like our floating rates for home loans.
When banks exercise the right of taking over the goods, it becomes crystallized because no more changes allowed in the value of goods. Banks, then, sell goods to secure the loan.

3. A floating charge cannot be created on?
a) Stocks
b) Work – in – process
c) Machinery
d) None of these
Answer: C
Explanation: Because they specific and fixed.

4. Registration of security by a company should be done.
a) With ROC
b) Within 45 days
c) Within 30 days
d) Within 30+300 days of extension on the whole on approval by ROC.
Which one is not true?
Answer: B

5. Company-C deferred/delayed registration of a charge worth 40 crores.
Meanwhile it became NPA and Bank started taking action? The effect is ____
a) Bank has no hold
b) Receiver has priority over Bank
c) Unsecured creditors have priority
d) None of these
Answer: B
Explanation: If a charge is not registered with ROC, generally Bank / Creditor can exercise the option of securing it.
But, if a court receiver’s claims, Bank loses its claim over the Non – registered security.

6. If a company omitted to register the charge in ROC, Banker /Creditor give _____ to company and within ______ days of the notice; they have to register it with ROC. _______ has powers to extend this period. Contravention of any rules in creating / Canceling charge may lead to a fine of Rs ____ and imprisonment up to ______ months.
a) 100000
b) Notice
c) Central Government
d) 6
e) 14
Choose right combo:
A.1-b, 2-d, 3-c, 4-a; 5-e.
B.1-b, 2-e, 3–c, 4–a, 5-d
Answer: B

Explanation: If a company has omitted to register the charge in ROC, banker / Creditor should give a NOTICE to company and  within 14 days of the notice banker has to register charge with ROC. CENTRAL GOVERNMENT has powers to extend this period. Contravention of any rules in creating / Canceling charge may lead to a fine of Rs.100000 and imprisonment up to 6 months.

Module – I

1. Which of the following Acts have control over Banking System?
a) RBI Act
b) Banking Regulation Act
c) Finance Bill Act
d) A & B
Answer: D

2. A is a known person in the village. He comes to your branch without any ID proofand asks for opening of an account. Opening of account is rejected by your manager as per?
a) FEMA rule
b) KYC norms
c) Banking Regulation Act
d) RBI Act
Answer: B

3. In a Bank one of these is essential as per NI Act and necessary to withdraw money from his deposit?
a) Term Deposit by Customer
b) Loan to Customer
c) Demand by Customer
d) Within office hours
Answer: C

4. Four applications for ‘opening of Banks’ are received from the following. which one of these rejected?
a) ABC & Sons - a firm
b) X – an Individual
c) PQR & Co – Public Ltd
d) KLM Co – Public Ltd
Answer: b
Explanation: Individual cannot apply for Bank.

5. NBFCs have been allowed to receive term deposits from public by?
a) NBFC Act
b) Banking Regulation Act
c) RBI Act
d) Finance and Nidhi’s Act
Answer: C

6. Banks are not permitted to do?
a) Taking Deposits
b) Leasing of Lockers
c) Trading activities
d) Dealing in Bullion
Answer: C

7. The ‘word’ Bank should not be used by these entities except ________?
a) Pawnees
b) Private Lenders
c) Finance Companies
d) Primary co – op Societies
Answer: D

8. __________ is not established by a special and specific statute passed by Indian Parliament?
a) SBI
b) RBI
c) The Karnataka bank Ltd
d) NABARD
Answer: C
Explanation: SBI – SBI Act 1955 Special Statute
RBI – RBI Act
Karnataka Bank Ltd –Not special statute / Act.
NABARD_ NABARD Act
ICICI – Companies Act

9. ICICI Bank Ltd is controlled by ________?
a) Companies Act 2013
b) RBI Act 1934
c) Banking Regulation Act
d) B & C
e) C
f) A, B, C
Answer: f
Explanation: ICICI is formed as a company under Companies Act.

10. Match the following.
1.
Multi State co-op Bank
A
State co-op societies Act
2.
State Co-op Bank
B
RRB Act 1976
3.
Co – op Bank
C
Central co-op societies Act
4.
RRBs
D
Co – op society
Select correct combo:
A.    1-C; 2-A; 3-D; 4-B
B.     1-D; 2-A; 3-B; 4-C
Answer: A
Explanation: Co- op Bank is also a co-op Society.

11. Section 42 of RBI Act 1934 relates to?
a) CRR
b) Discounting of Bills
c) SLR
d) Bank Rate
Answer: A
Explanation:  Cash Reserve Ratio is defined in sec 42 of RBI Act.

12. Banking Regulation Act does not cover?
a) Primary Agriculture Society
b) Urban Co-op Bank
c) State Central Co-op Bank
d) Co-op Land Mortgage Bank
e) A & B
f) B & C
g) A & D
Answer: G
Explanation:** Primary Agriculture Society and Co-op Land Mortgage Bank do not come under Banking Regulation Act while all other Banks including RRBs and other Co-op Banks are covered under Banking Regulation Act.

13. Banking Regulation Act does not deal with?
a) Regulation of Banking Business
b) Control over management
c) Winding up Banking Business
d) Foreign Exchange management in Banks
Answer: D
Explanation: FEMA deals with foreign exchange management.

14. ‘Depositor Education and Awareness Fund’-DEAF is formed under?
a) RBI Act 1934
b) Banking Regulation Act
c) Banking codes of services Board of India
d) IBA Guidelines
Answer: B

15. Fill in the blanks.
When an account remains __________ and in-operative for ________ years, it is transferred to _________ within _________ months.
a) D.E.A.F
b) 10
c) 3
d) Unclaimed
Select correct combo:
A.    1-D; 2-B; 3-A; 4-C
B.     1-A; 2-B; 3-D; 4-C.
Answer: A
    When an In-operative A/C remains unclaimed for 10 years. It is transferred to DEAF within 3 months.

16. RBI has responsibility over?
a) Issue of currency notes
b) CRR
c) Monetary Stability
d) Credit Expansion / Contraction
e) All of these
Answer: E

17. RBI does not have?
a) A Governor
b) 4 Deputy Governors
c) Directors
d) 5 Local Boards
Answer: D
Explanation: Only four *zonal boards. Mumbai, Chennai, Kolkata, New Delhi.

18. RBI can issue notes from Rs.________ to Rs._________?
a) 1, 10000
b) 2, 100000
c) 1, 100000
d) 2, 10,000
Answer: D
Explanation: Rs.2 to Rs10000 notes (not coins)

19. Fill in:
RBI is ________ to Central Government under section 20 of *RBI Act. RBI, whenever required, provides ________ advances which are _________ in nature to fill in the gap between income and expenditure of _______ and _____ Governments.
a) Central
b) Temporary
c) Banker
d) Ways and Means
e) State
f) financier
Select the correct combo:
A. c d b e a
B. f b d e a
Answer:  A.
Explanation:
RBI is banker to Central Government under section 20 of RBI Act. RBI, whenever required, provides WAYS and MEANS advances which are TEMPORARY in nature to fill in the gap between income and expenditure of STATE and CENTRAL Governments

20. RBI has the power to remove directors or CMD or entire Board of Directors of Banks in the interest of public. However these people can make appeal to?
a) High Court
b) Governor of RBI
c) Central Government
d) Supreme Court
Answer: C

21. Other than RBI and Central Government, which of the entities have a control over Banks for specific purposes?
a) Labour Authorities
b) SEBI
c) IRDA
d) B & C Only
e) A, B, C

Answer: E

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