Evolution of Banking in India
Evolution of Banking in India
ORIGIN OF BANKING
Banking in India forms the base for the economic development of the country.
Major changes in the banking system and management have been seen over the
years with the advancement in technology, considering the needs of people.
The History of Banking in India dates back to before India got independence in
1947 and is a key topic in terms of questions asked in various Government exams.
In this article, we shall discuss in detail the evolution of the banking sector in India.
INDIGENOUS BANKERS
Indigenous banking system is the system of banking that involves private rms or
individuals who act as banks by providing nancial services such as loans and
accepting deposits.
Indigenous banking system is made up of indigenous bankers who do not fall
under the purview of the government. The system of indigenous banking dates
back to the medieval period. This system continued till the middle part of the
nineteenth century.
Indigenous bankers formed the bulk of the Indian nancial system in the ancient
times. These bankers provided credit facilities to the individuals and businesses as
well as to the governments at times.
The indigenous banking system lost its charm with the advent of foreign banks and
commercial banks. The business contracted further with the formation of co-
operative banks and commercial banks in the late 1950s.
Functions of Indigenous Bankers
The indigenous bankers performed the following functions:
1. Accepting deposits from the public: It is one of the important functions of the
bankers.The deposits will be for a xed period and can be of either xed or current
period.
2.Providing loans against security: Indigenous bankers provide loans against
securities or assets such as land, vehicles, gold ornaments, etc.
3. Discounting Hundis: Hundis were important instruments of money exchange for
the businesses in times before new instruments were introduced. Discounting
Hundis is one of the most pro table businesses for the indigenous bankers.
Hundis are of two types 1) Darshni or Sight hundi, a hundi that is payable on
demand and 2) Muddati Hundi, a hundi that is payable after a certain time period.
The time period after which it becomes payable is mentioned at the face of the
hundi.
4. Remittance: Indigenous bankers also provide remittance services by having
separate branches or tie ups with other indigenous bankers across the country.
COMMERCIAL BANKS
A commercial bank is a kind of nancial institution that carries all the operations
related to deposit and withdrawal of money for the general public, providing loans
for investment, and other such activities. These banks are pro t-making
institutions and do business only to make a pro t.
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The two primary characteristics of a commercial bank are lending and borrowing.
The bank receives the deposits and gives money to various projects to earn
interest (pro t). The rate of interest that a bank o ers to the depositors is known as
the borrowing rate, while the rate at which a bank lends money is known as the
lending rate.
Related link: Banking and its Type
Function of Commercial Bank:
The functions of commercial banks are classi ed into two main divisions.
(a) Primary functions
Accepts deposit : The bank takes deposits in the form of saving, current, and
xed deposits. The surplus balances collected from the rm and individuals are
lent to the temporary requirements of the commercial transactions.
Provides loan and advances : Another critical function of this bank is to o er loans
and advances to the entrepreneurs and business people, and collect interest. For
every bank, it is the primary source of making pro ts. In this process, a bank
retains a small number of deposits as a reserve and o ers (lends) the remaining
amount to the borrowers in demand loans, overdraft, cash credit, short-run loans,
and more such banks.
Credit cash: When a customer is provided with credit or loan, they are not
provided with liquid cash. First, a bank account is opened for the customer and
then the money is transferred to the account. This process allows the bank to
create money.
(b) Secondary functions
Discounting bills of exchange: It is a written agreement acknowledging the
amount of money to be paid against the goods purchased at a given point of time
in the future. The amount can also be cleared before the quoted time through a
discounting method of a commercial bank.
Overdraft facility: It is an advance given to a customer by keeping the current
account to overdraw up to the given limit.
Purchasing and selling of the securities: The bank o ers you with the facility of
selling and buying the securities.
Locker facilities: A bank provides locker facilities to the customers to keep their
valuables or documents safely. The banks charge a minimum of an annual fee for
this service.
Paying and gathering the credit : It uses di erent instruments like a promissory
note, cheques, and bill of exchange.
Types of Commercial Banks:
There are three di erent types of commercial banks.
Private bank –: It is a type of commercial banks where private individuals and
businesses own a majority of the share capital. All private banks are recorded as
companies with limited liability. Such as Housing Development Finance
Corporation (HDFC) Bank, Industrial Credit and Investment Corporation of India
(ICICI) Bank, Yes Bank, and more such banks.
Public bank –: It is a type of bank that is nationalised, and the government holds a
signi cant stake. For example, Bank of Baroda, State Bank of India (SBI), Dena
Bank, Corporation Bank, and Punjab National Bank.
Foreign bank –: These banks are established in foreign countries and have
branches in other countries. For instance, American Express Bank, Hong Kong
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and Shanghai Banking Corporation (HSBC), Standard & Chartered Bank, Citibank,
and more such banks.
Examples of Commercial Banks
1. State Bank of India (SBI)
2. Housing Development Finance Corporation (HDFC) Bank
3. Industrial Credit and Investment Corporation of India (ICICI) Bank
4. Dena Bank
5. Corporation Bank
COOPERATIVE BANKS
The word ‘co-operative’ originated from the Latin word ‘cooperari’ or ‘cooperat’
which means worked together, it basically means that individuals come together
and help each other for their similar interests. Likewise, co-operative banks are a
kind of associations of members who have a common belief in which they come
together and cooperate with each other.
De nition Of Co-operative Banks
A co-operative bank is known as to be one of the nancial entity which belongs to
their members and at the same time they are its owners and also are the
customers of the bank.
Objective Of Co-operative Banks
It helps those people who have been less resources or whoever not nancially
strong. It also promotes a habit of thrift, savings and mutual help. The main focus
of co-operative banks is to come up with a low cost nancially on the basis of the
principal of mutual help.
Earning pro t is not a taboo however its motive is non-pro t, the motive can not be
the pro t earning, however, there is no restriction on gaining the pro t out of the
activities and facilities provided by the Co-operative banks to its customers.
Functions
1. Primary Urban Co-operative Bank (PUCBs)
This type of Co-operative banks provide their services to mainly urban areas of
India, they mainly provide advances in shares and debentures to the small
businessmen and also provide these small businessmen loans with extension in
credit facilities.
2. District Central Co-operative Bank (DCCBs)-
These type of banks provide their services to the district or local area. They make
and implements the policies at a district level and also provide credit facilities to
the PACs and PUBCs.
3. Primary Agriculture Credit Society (PACs)-
PACs are a type of Co-operative bank which provides loans to its customers with
less complexity, they also motivate their customers to learn to save their money
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through deposits. It also provides the bene ts and development of the large
society.
4. State Co-operative Banks (SCBs)-
SCBs are governed by NABARD and acts as supervisor to the DCCBCs.
5. Land Development Banks (LDBs)-
These banks help in ful lling the needs and requirements of the agricultural sector
and provide credit in local areas and also perform all the general and basic
functions of a bank. This type of bank motivates and helps in the increase in
agricultural production in our country.
REGIONAL BANKS
The RRB and its functions make up an important section in the study of the
banking system in non-urban regions and are instrumental in promoting small
handicraft-based artisans and agricultural farmers in villages. The Regional Rural
Bank Act passed in 1976. More than 40 RRBs are functioning all over the country
being sponsored by the Indian Government. The introduction of the RRB was an
initiative to strengthen the banking sector in India. It was observed in the 20th
century that banking opportunities were not equitably distributed amongst all
classes of people. Especially su ering were the underprivileged and marginalised
sections of the communities. So, the e ort was taken by the Government to
introduce a scheme through which everyone could avail of banking services.
RRB and its Functions
The Regional Rural Banks or RRBs are commercial banks in India. The
recapitalisation of RRBs is sponsored by the central bank. These banks are
empowered to conduct nancial transactions to promote growth and development
in rural areas. RRB as a mix of cooperative and commercial banks has certain
features:
• Provide easy and accessible banking
• Support and promote local artisans, MSMEs (Medium-Small Sized
Businesses), and agricultural farmers
• Mobilise regional nancial resources
• Operate on the district as well as state-level
RRB and its functions include:
• Extend loans to artisans, farmers, labourers, and MSMEs
• Accepting savings and other forms of deposits
• Distributional and disbursement of pension and wages
• Providing internet banking
• UPI services
• Provide credit facility in the agricultural department, renewable energy
sources, and cultural initiatives
The RRBs are owned by the state, central governments, and sponsoring banks.
The RRBs are often subjected to amalgamations which cause a uctuation in their
number over the country.
FOREIGN BANKS
The term "foreign bank" generally refers to any United States operation of a
banking organization headquartered outside of the U.S.The rst foreign banks
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established their presence in the United States in the mid-1800's, with New York
being the rst state to license or regulate these institutions. While state
governments took the lead in welcoming foreign banks to the United States, the
federal government has also acted to ensure that American markets are open to
banks from all nations.
Functions of foreign banks in India:
▪ Customer satisfaction enhancement
▪ Skill and technology transfer
▪ Banking sector competition enhancement
▪ Deepening of nancial system through contribution of money market and
foreign exchange by participation of foreign banks
▪ Expansion of modernised banking services
▪ Foreign currency provision to corporations enhancement
▪ International cash management services
▪ International loan syndications
▪ Trade nancing arrangement
▪ Foreign exchange arrangement
▪ Contributes to the growth of GDP
PAYMENT BANKS
De nition: A payments bank is like any other bank, but operating on a smaller
scale without involving any credit risk. In simple words, it can carry out most
banking operations but can’t advance loans or issue credit cards. It can accept
demand deposits (up to Rs 1 lakh), o er remittance services, mobile payments/
transfers/purchases and other banking services like ATM/debit cards, net banking
and third party fund transfers.
Features of Payments Banks:
Payments banks will do almost all the work that is currently being done by
commercial banks, but the payments banks will work under certain restrictions
like;
1. As the commercial banks, the payment banks will also accept the money of the
people as a deposit but the limit is xed, which means the payments banks can
accept deposits up to a maximum of Rs. 1 lakh from a customer.
2. Payments banks; will be entitled to issue ATM or debit cards to their customers
but cannot issue a credit card.
3. Payments banks; will be authorised to open both savings and current accounts
of their customers.
4. Payments banks cannot provide loans or lending services to customers.
5. Payments banks cannot accept deposits from the Non-Resident Indians (NRIs).
It means; the people of Indian origin who have settled abroad cannot deposit their
money in the payment banks.
6. Payments banks will be allowed to make personal payments and receive
remittances from the cross border on the current accounts.
7. Payments banks will have to deposit the amount in the form of a Cash Reserve
Ratio (CRR) with RBI as other commercial banks do.
8. Payments Banks will have to invest a minimum of 75% of its demand deposits
in government treasury/securities bills with maturity up to one year and hold a
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maximum of 25 %in currents and xed deposits with other commercial banks for
operational purposes.
9. Payment banks can provide the Facility of utility bill payments to its customers
and the general public.
10. Payments banks can not open subsidiaries to undertake Non-Banking
Financial Services activities.
11. Payments bank; with approval from RBI, can work as a partner with other
commercial banks and also can sell mutual funds, pension products, and
insurance products.
12. Payments banks must use the word "Payments Bank" in their names to look
di erent from other banks.
13. Payments banks will be allowed to provide internet banking and mobile
banking facility to their customers.
Functions of bank/banker
Two principal functions of banks are- accepting deposits and availing loans &
advances. We will discuss these two functions in quite detail in the following text:
1. Accepting deposits:
As mentioned earlier, banks accept money from the public or organizations/
businesses and provide services for on-demand withdrawal and interests. There
are primarily four types of deposit accounts as follows:
1. Saving deposit:
it is the simplest of all other types, and the important perk of this deposit account
is the facility for on-demand payment. Depositors also get a small amount of
interest on money deposited. Obligation to maintain a minimum balance amount
and restriction on the amount & number of withdrawals one can make are the
limitations of this account. This type is also known as a demand deposit.
2. Fixed deposit:
This type of deposit gets better interest, but a xed amount of money has to be
invested for a xed period. The depositor can not make withdrawals before the
maturity period. These are also called term/time deposits.
3. Recurring deposits:
This type of deposit, like xed deposits, does not support withdrawal before the
completion of the maturity period. This has a longer duration for maturity, and
deposits have to be made at regular intervals.
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4. Current deposits:
Unlike other call types, these deposits are neither bound to any withdrawal
limitations nor provide any interest on deposits. These are usually used for
business purposes.
2. Availing loans & advances:
As mentioned earlier, banks use the money collected in the form of deposits to
o er loans with quite higher interests in return to the needy. Loans or advances
o ered by the bank are of the following types:
1. Cash credit facility:
Banks provide these short-term loans with higher interests to businesses, generally
against some assets as a security.
2. Overdraft facility:
This service is also provided against some collateral and applies to current
account holders. This facility enables bank users to have a current account for
withdrawals of the high amount at the cost of high interests.
3. Bill/invoice discounting:
This is the discounting facility provided to businesses by a bank against due
payments of organizations.
4. Loans:
Bank provides secured or unsecured loans to an individual like home loans, car
loans, education loans, etc. these can be long-term/short term, and payments to a
bank can be made in installments.
Other than these two principal functions, banks also deal with other work aiding
Government or organizations policies and nancial a airs. These are known as
secondary functions of a bank, and these can be grouped into two broad
categories-
1. Agency functions:
These include functions related to making bill payments, collection of due
payments, etc. following are some speci c examples of these functions-
• Periodic payments
• Periodic collection
• Fund transfer
• Cheques negotiation
• Advisory services
2. Utility functions:
These include services such as locker services, house taxes, pension, AEPS
withdrawal, etc.
Customer:
The expression ‘Customer’ in the simple sense means, one who transacts himself
with the bank subject to certain terms and conditions as imposed by the Banker. In
other words, a person, who maintains an account with the bank may be regarded
as customer.
The term ‘customer of a bank’ has not been de ned in the Banking Regulation Act,
1949 or any other Act. By the term it is generally understood or mean an account
holder of bank. But this general understanding of the term has been quali ed by
banking experts and judgements of law courts. Hence, there is no satisfactory
de nition for the term ‘customer’.
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RELATIONSHIP BETWEEN BANKER AND CUSTOMER
Introduction
The relationship between a Banker and a Customer is based on trust. In today’s
world, banks are considered a pivotal element for the economy of the country. It is
an e ective banking system that paves the way for the proper growth of the
economy. Customers avail di erent kinds of services from the bank. This article
critically analyses di erent types of relationship between customer and banker. It
also discusses di erent legislations that protect the interest of the banker and
customer and also provide proper remedies to them.
Di erent kind of relationship
• Relationship of debtor and creditor
When a customer opens a bank account with the bank, he lls the form and other
requisites compulsory for the same. When he deposits money in his bank account,
he becomes a creditor to the bank. The bank becomes the debtor. The obligations
of the bank to carry further business from the deposits of the consumer are solely
dependent on their own choice. The bank can invest that money according to their
own convenience. If the consumer wants to take back that money, then he needs
to follow a procedure of withdrawal.
• Relationship of pledger and pledgee
When a customer pledges an article (goods and documents) with the banker as a
security for the payment of debt or performance of the promise, the customer
becomes a pledger and the banker becomes the pledgee.
• Relationship of bailor and a bailee
Section 148 of the Indian Contract Act, 1872 de nes Bailment, bailor and bailee. A
“Bailment” is the transfer of goods from one person to another for some purpose,
upon a contract that they shall return the goods after completion of the purpose or
will dispose of the goods according to the direction agreed as per the terms and
conditions of the contract. The person delivering the good is called the bailor and
the person to whom the good is delivered is called the bailee. Banks secure their
advances by taking some tangible assets as securities. Sometimes they keep
valuable items, or land and other things as security. By doing so, the bank
becomes the baillie and the consumer becomes the bailor.
• Relationship of lesser and lesse
Section 105 of Transfer of Property Act, 1882 de nes lease, lessor, lesse, premium
and rent.
A lease of immovable property is transferred to the right to enjoy the property for a
certain period of time. The transferor is the lessor. The transferee is called the
lessee.
• Relationship of trustee and bene ciary
When a bank receives money or other valuable securities, then the banker’s
position is of a trustee. On the other hand, when a bank receives money and uses
it in various sectors, the bank becomes the bene ciary.
DEPOSITS
A deposit is a nancial term that means money held at a bank. A deposit is a
transaction involving a transfer of money to another party for safekeeping.
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However, a deposit can refer to a portion of money used as security or collateral
for the delivery of a good.
Example of a Deposit
Deposits are also required on many large purchases, such as real estate or
vehicles, for which sellers require payment plans. Financing companies typically
set these deposits at a certain percentage of the full purchase price, and
individuals commonly know these kinds of deposits as down payments.
In the case of rentals, the deposit is called the security deposit. A security
deposit's function is to cover any costs associated with any potential damage
done to the property or asset rented during the rental period. A partial or a total
refund is applied after the property or the asset is veri ed at the end of the rental
period.
Types of Deposits
On the basis of purpose they serve, bank deposit accounts may be classi ed as
follows:
• Savings Bank Account
• Current Deposit Account
• Fixed Deposit Account
• Recurring Deposit Account
Let us see all of these in detail now!
Savings Bank Account
As the name suggests this type of account is suitable for people who have a
de nite income and are looking to save money. For example, the people who get
salaries or the people who work as laborers. This type of account can be opened
with a minimum initial deposit that varies from bank to bank. Money can be
deposited at any time in this account.
Withdrawals can be made either by signing a withdrawal form or by issuing a
cheque or by using an ATM card. Normally banks put some restriction on the
number of withdrawal from this account. Interest is allowed on the balance of
deposit in the account. The rate of interest on savings bank account varies from
bank to bank and also changes from time to time. A minimum balance has to be
maintained in the account as prescribed by the bank.
Current Deposit Account
Big businessmen, companies, and institutions such as schools, colleges, and
hospitals have to make payment through their bank accounts. Since there are
restrictions on the number of withdrawals from a savings bank account, that type
of account is not suitable for them. They need to have an account from which
withdrawal can be made any number of times.
Banks open a current account for them. Like a savings bank account, this account
also requires a certain minimum amount of deposit while opening the account. On
this deposit, the bank does not pay any interest on the balances. Rather the
account holder pays a certain amount each year as an operational charge.
These accounts also have what we call the overdraft facility. For the convenience
of the accountholders banks also allow withdrawal of amounts in excess of the
balance of the deposit. This facility is known as an overdraft facility. It is allowed to
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some speci c customers and up to a certain limit subject to previous agreement
with the bank concerned.
Fixed Deposit Account
Some bank customers may like to put away money for a longer time. Such
deposits o er a higher interest rate. If money is deposited in a savings bank
account, banks allow a lower rate of interest. Therefore, money is deposited in a
xed deposit account to earn interest at a higher rate.
This type of deposit account allows the deposit to be made of an amount for a
speci ed period. This period of deposit may range from 15 days to three years or
more during which no withdrawal is allowed. However, on request, the depositor
can encash the amount before its maturity. In that case, banks give lower interest
than what was agreed upon. The interest on a xed deposit account can be
withdrawn at certain intervals of time. At the end of the period, the deposit may be
withdrawn or renewed for a further period. Banks also grant a loan on the security
of the xed deposit receipt.
Recurring Deposit Account
While opening the account a person has to agree to deposit a xed amount once
in a month for a certain period. The total deposit along with the interest therein is
payable on maturity. However, the depositor can also be allowed to close the
account before its maturity and get back the money along with the interest till that
period.
The account can be opened by a person individually, or jointly with another, or by
the guardian in the name of a minor. The rate of interest allowed on the deposits is
higher than that on a savings bank deposit but lower than the rate allowed on a
xed deposit for the same period.
The Recurring Deposit Accounts may be of the following types:
1. Home Safe Account or Money Box Scheme: For regular savings, the bank
provides a safe or box (Gullak) to the depositor. The safe or box cannot be
opened by the depositor, who can put money in it regularly, which is collected
by the bank’s representative at intervals and the amount is credited to the
depositor’s account. The deposits carry a nominal rate of interest.
2. Cumulative-cum-Sickness deposit Account: A certain xed sum is deposited
at regular intervals in this account. The accumulated deposits over time along
with interest can be used for payment of medical expenses, hospital charges,
etc.
3. Home Construction deposit Scheme/Saving Account: In this account, we can
deposit the money regularly either for the purchase or construction of a at or
house in future. The rate of interest o ered on the deposit, in this case, is
relatively higher than in other recurring deposit accounts.
SECURITY
VARIOUS KINDS OF SECURITIES
Bank accepts various kinds of tangible assets as security after creating the charge.
Some important types of securities are as under:
1. LAND & BUILDING/REAL ESTATE
It is common security accepted by the banks. During the lending bank mortgaged/
creation of charged the landed property in favour of the bank. The advantage of
these types of securities is that their value generally increases over time. It is xed
and cannot be shifted to another place. It can be freehold or leasehold property.
Valuation of the property is required for acceptance as a security in the loan
account. The advantages and disadvantages of this form of security cannot be
universally applied to all lands and it depends on the nature of the land o ered. We
shall now discuss both the advantages and disadvantages.
ADVANTAGES:
The advantage of collateral security of Land & Building are as under;
(i) The advantage that land has over other types of securities is that its value
generally increases with time. With every fall in the value of money, the value of
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land goes up, and due to its scant availability in developing areas, its value is
bound to increase.
ii) It cannot be shifted, a fact which sometimes is also a disadvantage.
(iii) The securitisation of the mortgaged property can be done without court
intervention under SARFAESI Act 2002.
DISADVANTAGES:
The disadvantage of collateral security of Land & Building are as under;
(I) VALUATION IS AT TIMES DIFFICULT:
The value of a building depends on several factors such as location, size of
property, amenities, etc., this makes the valuation very di cult. Buildings and the
materials used in the buildings are not alike. Buildings must be valued on a
conservative basis because of the limited market in the event of a sale.
(II) ASCERTAINING THE TITLE OF THE OWNER:
The banker cannot obtain a proper title unless the borrower himself has title to the
property to be mortgaged. In India, the laws of succession particularly those
relating to Hindus and Muslims being very complicated, it is di cult to ascertain
whether a person has a perfect title to the property or not. Title veri cation must
also be done to know whether the property was encumbered. Bank’s advocate has
to be done by verifying records with the Registrar’s o ce, which involves expense
and time. In the case of agricultural land, with the introduction of land ceiling
legislation, legislation protecting the tenants’ rights, absence of up-to-date and
proper land records, it has become less valuable as security.
(III) DIFFICULT TO REALIZE THE SECURITY:
Land is not easily and quickly realizable, due to the lack of a ready market. It may
take months to sell and sometimes if the market is not favourable, it may fetch a
lower price than what was anticipated. After the SARFAESI Act 2002, now the
bank can securitize the mortgaged property without the intervention of the court.
(IV) CREATING A CHARGE IS COSTLY:
The security can be charged either by way of a legal mortgage or by way of an
equitable mortgage. An equitable mortgage may be created by a simple deposit of
title deeds with or without a memorandum. Since the remedies under a legal
mortgage are better than those under an equitable mortgage. However, completing
a legal mortgage involves expenses including stamp duty and a lot of formalities.
LEIN
What is a Lien?
The term lien refers to a legal claim or legal right which is made against the assets
that are held as collaterals for satisfying a debt. A lien can be established by a
creditor or a legal judgement. The purpose of the lien is to guarantee an underlying
obligation such as the repayment of the loan. In case the borrower fails to satisfy
this underlying obligation, the lender or the creditor has the legal right to seize the
asset that is subject of the lien. Many types of liens are used to secure assets.
The three main types of lien are bank, real estate and tax. When it comes to
property, the contract on the property needs to be paid. In case the contract is not
paid, the lender has the legal right to seize the property as well as to sell the
property. Liens can be of various types depending on who they are generated by. A
creditor, legal judgement or tax authority can generate a lien.
How does a Lien work?
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When giving out a loan to a borrower, the creditor is always faced with a risk that
the borrower may fail to repay the given amount on time or just won’t repay it at all.
To avoid this, the concept of a lien is considered to be highly useful. A lien
provides the creditor with the legal rights to seize and sell the collateral assets or
property which is the subject of the lien without the consent of the lien holder or
the borrower. When the lien is granted on an inventory or any other un xed
property, it is known as a oating lien.
Although, liens are often voluntary and consensual like the lien on the property for
a loan, there also exist involuntary or statutory liens. Involuntary liens are where the
creditor or the lender seeks a legal action against the borrower for nonpayment of
the loan. After such legal action is taken, a lien can be placed on assets including
property as well as bank accounts.
Some liens are also led with the government in an e ort to let the public know
that the lienholder has an interest on the property or on the asset. Having a public
record of a lien helps the people to know that a particular asset or property is
subject to a lien and if they are interested to buy that particular asset or property,
the lien rst needs to be released as the asset or property cannot be sold with the
lien. This is something that will help all the interested buyers to know about the
nancial record of the asset or the property before making a decision of buying it.
PLEDGE
A Pledge is a process in which when an individual or group of individuals go to a
bank or any other nancial institution to avail of the loan, the bank asks for the
possession that the borrower has by himself, and keeps it to the bank. The
possessions can not be any property or lounges, they can be papers such as
certi cates and goods.
The major di erence is that the security that is seized by the bank or any other
nancial institution can only be movable goods or objects. The seized security
possession is kept under the bank until the borrower pays the entire debt
completely.
This term “pledge” is discussed in Section 172 of the Indian Contract Act enacted
in 1872.
The Indian Contract Act de nes what is bailments. The bailment is the process of
delivery of objects where there are terms and conditions applied to each good with
some purpose, when that purpose of the lending money is completed or
accomplished, then the pledged goods will be returned to the bailer.
The pledgee which is the bank here has the right to sell the possessions seized
from the borrower without worrying about informing the court and any
interventions if the borrower is not been able to repay the bank loan.
MORTGAGE
What is a Mortgage Loan?
In this case, the property is transferred to the lender, who can then earn pro ts
from the same. Usufructuary mortgage usually does not o er full ownership but
rather a temporary right.
English Mortgage
The collateral can come under the possession of the lender if the borrower fails to
make full repayment of the loan during the tenure originally agreed upon.
Sub Mortgage
If a prospective borrower has a less than ideal credit history or a low credit score
and the lender would like to o er a loan, they tend to do so at higher interest rates.
It is done to ensure recovery of their money in case the borrower failed to make
payments. These are termed as sub mortgage loans.
Mortgage Loan Process
ASSIGNMENT
What Is an Assignment?
Assignment most often refers to one of two de nitions in the nancial world:
Examples
A wage assignment is a forced payment of an obligation by automatic withholding
from an employee’s pay. Courts issue wage assignments for people late with child
or spousal support, taxes, loans, or other obligations. Money is automatically
subtracted from a worker's paycheck without consent if they have a history of
nonpayment. For example, a person delinquent on $100 monthly loan payments
has a wage assignment deducting the money from their paycheck and sent to the
lender. Wage assignments are helpful in paying back long-term debts.
Options Assignment
Options can be assigned when a buyer decides to exercise their right to buy (or
sell) stock at a particular strike price. The corresponding seller of the option is not
determined when a buyer opens an option trade, but only at the time that an
option holder decides to exercise their right to buy stock. So an option seller with
open positions is matched with the exercising buyer via automated lottery. The
randomly selected seller is then assigned to ful ll the buyer's rights. This is known
as an option assignment.
Once assigned, the writer (seller) of the option will have the obligation to sell (if a
call option) or buy (if a put option) the designated number of shares of stock at the
agreed-upon price (the strike price). For instance, if the writer sold calls they would
be obligated to sell the stock, and the process is often referred to as having the
stock called away. For puts, the buyer of the option sells stock (puts stock shares)
to the writer in the form of a short-sold position.
Example
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Suppose a trader owns 100 call options on company ABC's stock with a strike
price of $10 per share. The stock is now trading at $30 and ABC is due to pay a
dividend shortly. As a result, the trader exercises the options early and receives
10,000 shares of ABC paid at $10. At the same time, the other side of the long call
(the short call) is assigned the contract and must deliver the shares to the long.
Hypothecation
What Is Hypothecation?
Hypothecation occurs when an asset is pledged as collateral to secure a loan. The
owner of the asset does not give up title, possession, or ownership rights, such as
income generated by the asset. However, the lender can seize the asset if the
terms of the agreement are not met. Hypothecation is di erent from a mortgage,
lien, or assignment.
Hypothecation in Mortgages
Hypothecation occurs most commonly in mortgage lending. A mortgage is a type
of loan that's secured by an underlying property. The borrower technically owns
the house, but because the house is pledged as collateral, the mortgage lender
has the right to seize the house if the borrower cannot meet the repayment terms
of the loan agreement—which occurred during the foreclosure crisis.
Auto loans are similarly secured by the underlying vehicle. Unsecured loans, on the
other hand, do not work with hypothecation because there is no collateral to claim
in the event of default. As hypothecation provides security to the lender because of
the collateral pledged by the borrower, it is easier to secure a loan, and the lender
may o er a lower interest rate than on an unsecured loan.
CASH CREDIT
What is Cash Credit?
A Cash Credit (CC) is a short-term source of nancing for a company. In other
words, a cash credit is a short-term loan extended to a company by a bank. It
enables a company to withdraw money from a bank account without keeping a
credit balance. The account is limited to only borrowing up to the borrowing limit.
Also, interest is charged on the amount borrowed and not the borrowing limit. To
learn more, check out CFI’s Credit Analyst Certi cation program.
Important Features of Cash Credit
1. Borrowing limit
A cash credit comes with a borrowing limit determined by the creditworthiness of
the borrower. A company can withdraw funds up to its established borrowing limit.
2. Interest on running balance
In contrast with other traditional debt nancing methods such as loans, the interest
charged is only on the running balance of the cash credit account and not on the
total borrowing limit.
3. Minimum commitment charge
The short-term loan comes with a minimum charge for establishing the loan
account regardless of whether the borrower utilizes the available credit. For
example, banks typically include a clause that requires the borrower to pay a
minimum amount of interest on a predetermined amount or the amount withdrawn,
whichever is higher.
4. Collateral security
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The credit is often secured using stocks, xed assets, or property as collateral.
5. Credit period
Cash credit is typically given for a maximum period of 12 months, after which the
drawing power is re-evaluated.
Example of Cash Credit
Company A is a phone manufacturer and operates a factory where the company
invests money to purchase raw materials to convert them into nished goods.
However, the nished goods inventory is not immediately sold. The company’s
capital is stuck in the form of inventory. In order for Company A to meet its
expenses while waiting for its nished goods inventory to convert into cash, the
company takes a cash credit loan to run its business without a shortfall.
Advantages of Cash Credit
1. Source of working capital nancing
A cash credit is an important source of working capital nancing, as the company
need not worry about liquidity issues.
2. Easy arrangement
It can be easily arranged by a bank, provided that collateral security is available to
be pledged and the realizable value of such is easily determined.
3. Flexibility
Withdrawals on a cash credit account can be made many times, up to the
borrowing limit, and deposits of excess cash into the account lower the burden of
interest that a company faces.
4. Tax-deductible
Interest payments made are tax-deductible and, thus, reduce the overall tax
burden on the company.
5. Interest charged
A cash credit reduces the nancing cost of the borrower, as the interest charged is
only on the utilized amount or minimum commitment charge.
Disadvantages
1. High rate of interest
The interest rate charged by a loan on cash credit is very high compared to
traditional loans.
2. Minimum commitment charges
A minimum commitment charge is imposed on the borrower regardless of whether
the company utilizes its cash credit or not.
3. Di culty in securing
The short-term loan is extended to the borrower depending on the borrower’s
turnover, accounts receivable balance, expected performance, and collateral
security o ered. Therefore, it can be di cult for new companies to obtain.
4. Temporary source of nance
The loan is a short-term source of nancing. A company cannot rely on it for an
extended period of time. After the expiration of the loan, it must be renewed under
new terms and conditions.
OVERDRAFT
What Is an Overdraft?
An overdraft occurs when there isn't enough money in an account to cover a
transaction or withdrawal, but the bank allows the transaction anyway. Essentially,
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it's an extension of credit from the nancial institution that is granted when an
account reaches zero. The overdraft allows the account holder to continue
withdrawing money even when the account has no funds in it or has insu cient
funds to cover the amount of the withdrawal.
Basically, an overdraft means that the bank allows customers to borrow a set
amount of money. There is interest on the loan, and there is typically a fee per
overdraft. At many banks, an overdraft fee can run upwards of $35.
Overdraft Protection
Some but not all banks will pay overdrafts automatically, as a courtesy to the
customer (while charging fees, of course.) Overdraft protection provides the
customer with a further tool to prevent embarrassing shortfalls that re ect poorly
on your ability to pay.
The dollar amount of overdraft protection varies by account and by bank. Often,
the customer needs to speci cally request it. There are a variety of pros and cons
to using overdraft protection, but one thing to bear in mind is that banks aren't
providing the service out of the goodness of their hearts. They usually charge a fee
for it.
BANK GRAUNTEE
What Is a Bank Guarantee?
A bank guarantee is a type of nancial backstop o ered by a lending institution.
The bank guarantee means that the lender will ensure that the liabilities of a debtor
will be met. In other words, if the debtor fails to settle a debt, the bank will cover it.
A bank guarantee enables the customer (or debtor) to acquire goods, buy
equipment, or draw down a loan.
Types of Bank Guarantees
A bank guarantee is for a speci c amount and a predetermined period of time. It
clearly states the circumstances under which the guarantee is applicable to the
contract. A bank guarantee can be either nancial or performance-based in nature.
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In a nancial bank guarantee, the bank will guarantee that the buyer will repay the
debts owed to the seller. Should the buyer fail to do so, the bank will assume the
nancial burden itself, for a small initial fee, which is charged from the buyer upon
issuance of the guarantee.
For a performance-based guarantee, the bene ciary can seek reparations form the
bank for non-performance of the obligation as laid out in the contract. Should the
counterparty fail to deliver on the services as promised, the bene ciary will claim
their resulting losses from non-performance to the guarantor – the bank.
For foreign bank guarantees, such as in international export situations, there may
be a fourth party – a correspondent bank that operates in the country of domicile
of the bene ciary.
LETTER OF CREDIT
What Is a Letter of Credit?
A letter of credit, or a credit letter, is a letter from a bank guaranteeing that a
buyer’s payment to a seller will be received on time and for the correct amount. If
the buyer is unable to make a payment on the purchase, the bank will be required
to cover the full or remaining amount of the purchase. It may be o ered as a
facility.
What is insurance?
Insurance is a way to manage your risk. When you buy insurance, you purchase
protection against unexpected nancial losses. The insurance company pays you
or someone you choose if something bad happens to you.
Principles of Insurance
In insurance, there are 7 basic principles that should be upheld, ie Insurable
interest, Utmost good faith, proximate cause, indemnity, subrogation, contribution
and loss of minimization.
1. Principle of Utmost Good Faith
This is a primary principle of insurance. According to this principle, you have to
disclose all the information that is related to the risk, to the insurance company
truthfully.
You must not hide any facts that can have an e ect on the policy from the insurer.
If some fact is disclosed later on, then your policy can be cancelled. On the other
hand, the insurer must also disclose all the features of a life insurance policy.
2. Principle of Insurable Interest
According to this principle, you must have an insurable interest in the life that is
insured. That is, you will su er nancially if the insured dies. You cannot buy a life
insurance policy for a person on whom you have no insurable interest.
3. Principle of Proximate Cause
While calculating the claim for a loss, the proximate cause, i.e., the cause which is
the closest and the main reason for a loss should be considered.
Though it is a vital factor in all types of insurance, this principle is not used in Life
insurance.
4. Principle of Subrogation
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This principle comes into play when a loss has occurred due to some other
person/party and not the insured. In such a case, the insurance company has a
legal right to reach that party for recovery.
5. Principle of Indemnity
The principle of indemnity states that the insurance will only cover you for the loss
that has happened. The insurer will thoroughly inspect and calculate the losses.
The main motive of this principle is to put you in the same position nancially as
you were before the loss. This principle, however, does not apply to life insurance
and critical health policies.
6. Principle of Contribution
According to the principle of contribution, if you have taken insurance from more
than one insurer, both insurers will share the loss in the proportion of their
respective coverage.
If one insurance company has paid in full, it has the right to approach other
insurance companies to receive a proportionate amount.
7. Principle of Loss Minimisation
You must take all the necessary steps to limit the loss when it happens. You must
take all the necessary precautions to prevent the loss even after purchasing the
insurance. This is the principle of loss minimization.
What is IRDAI?
The Insurance Regulatory Development Authority of India (IRDAI) is a regulatory
body created with the aim of protecting the policyholder’s interest. It also regulates
and sees to the development of the insurance industry.
What Is Assurance?
Assurance refers to nancial coverage that provides remuneration for an event that
is certain to happen. Assurance is similar to insurance, with the terms often used
interchangeably. However, insurance refers to coverage over a limited time,
whereas assurance applies to persistent coverage for extended periods or until
death. Assurance may also apply to validation services provided by accountants
and other professionals.
Good procurement
Procurement processes must be robust and fair to all the parties involved, such as
contractors, consultants, and purchasers. They must meet the standards for good
practice expected of public entities. Our team can provide an invaluable
independent review of public entities’ processes and procedures.
Contract management
Whether public entities are handling a major supply contract or a small
professional services contract, good practice is essential. Our team can review
contracting practices and provide independent advice.
Information systems
Computerised information systems, a major part of most businesses, need to be
put into e ect and managed e ectively. Our Information Systems Audit and
Assurance team can assess information systems to help public entities to better
manage risks.
Managing risks
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Identifying, analysing, and mitigating or eliminating risks is integral to the
reputation of a public entity. All public entities need systems to avoid con icts of
interest and to show that the entity adheres to professional accounting, legal, and
nancial standards. Public entities need to show that they have appropriate quality
assurance, external review, and training for managing risks. Understanding good
practice thoroughly means our specialists can provide quality assurance for public
entities’ practices.
Managing assets
Managing assets well will result in an organisation reducing risks and getting better
value for money. Public entities will want e ective plans for managing their assets
e ectively and e ciently. Our specialists have wide experience in advising on
asset management and can provide assurance on planning.
Governance
Getting governance right is vital to protect and enhance the performance of a
public entity. Good governance contributes to an open, fair, and transparent public
sector. Our team has wide experience identifying where governance works well
and where improvements can be made.
Sensitive spending
An example of sensitive spending is giving private bene t to an individual – for
example, spending on travel, accommodation, and hospitality. A public entity
might spend money on something considered unusual for that organisation’s
purpose and/or functions. A public entity’s sensitive spending needs to stand up to
the scrutiny of Parliament and the public. With extensive knowledge of the public
sector, our team is well positioned to provide public entities with assurance about
sensitive spending.
Managing performance
Managing performance e ectively is critical to the success of a well-run public
entity. Managing performance well should provide managers with the information
that they need to make decisions, help to guide and manage sta , and provide
information to stakeholders and the public about the services that a public entity
provides. Our specialists’ thorough understanding of best practice means that they
can provide quality assurance for public entities.
Discretionary expenditure
All of a public entities’ discretionary spending should have a clear and appropriate
business purpose and be properly authorised. Our specialists can o er assurance
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that a public entities’ discretionary spending is appropriate and complies with
policies.
What is an actuary?
Actuaries are professionals in the nancial industry who use their expertise to
perform risk assessments and develop plans for limiting the impact of nancial
risks. They research theory and case studies in the eld of actuarial science to help
businesses and organizations make decisions about their nancial security and
liability management. Actuaries must have a complex understanding of math,
economics and computer science and be skilled in calculating probability and
interpreting statistics to identify major and minor risk factors and help a business
reasonably prepare for changing conditions.
Role of an Actuary in an Insurance Company
It is ideal for insurance companies to create policies that bear minimal risk and can
generate stable returns. Estimating risk and return from each proposal also in turn
aids in assuring policyholders that their claims will be settled.
With regards to insurance, actuarial practices involve analysing factors related to a
customer’s life expectancy, construction of mortality tables that help one to have a
measurement of predictability and o ering insight to brokers.
Actuarial science mostly nds its application in the life insurance mortality analysis.
However, they can also be applied in case of other general insurance elds like
property and liability insurance.
Sometimes recommendations for the determination of premium for insurance
policies made by actuaries can also have a positive impact on the behaviour of
policyholders. For instance, premium payable by non-smokers for life insurance
policies is often signi cantly lesser than that for smokers. This might push
individuals to quit smoking to avail their life insurance policies at a lower premium.
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