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JAIIB AND DB&F Paper 3 Syllabus: Legal & Regulatory Aspects of Banking

Dear Readers,
So, in the previous articles, we read and discussed about
JAIIB/DB&F, exam pattern, Eligibility, Schedule, Registration fees and Syllabus
of Paper 2 in detail.
Now, in this article, we will be
discussing about the JAIIB/DB&F Subjects and Syllabus of PAPER 3 subject in details.
 
SUBJECTS OF EXAMINATION: 
 
(1) Principles & Practices of Banking, (Paper 1)
(2) Accounting & Finance for Bankers, (Paper 2)
(3) Legal & Regulatory Aspects of Banking (Paper 3)
 
PAPER 3 – LEGAL & REGULATORY ASPECTS OF BANKING


This Paper 3 Subject is divided into four Parts (A,B,C and D)
 
PART A – REGULATIONS AND
COMPLIANCE
Legal Framework of Regulation of
Banks
Business of Banking; Constitution
of Banks; RBI Act, 1934; Banking Regulation Act, 1949; Role of RBI; Govt. as a
Regulator of Banks; Control over Co-operative Banks; Regulation by other
Authorities.
Control over Organization of Banks
Licensing of Banking Companies;
Branch Licensing; Paid up Capital and Reserves; Shareholding in Banking
Companies; Subsidiaries of Banking Companies; Board of Directors; Chairman of
Banking Company; Appointment of Additional Directors; Restrictions on
Employment; Control over Management; Corporate Governance; Directors and
Corporate Governance.
Regulation of Banking Business
Power of RBI to Issue Directions;
Acceptance of Deposits; Nomination; Loans and Advances; Regulation of Interest
Rate; Regulation of Payment Systems; Internet Banking Guidelines; Regulation of
Money Market Instruments; Banking Ombudsman; Reserve Funds; Maintenance of CRR,
SLR; Assets in India.
Returns Inspection, Winding up,
Mergers & Acquisitions
Annual Accounts & Balance
Sheet; Audit & Auditors; Submission of Returns; Preservation of Records and
Return of Paid Instruments; Inspection and Scrutiny; Board for Financial
Supervision; Acquisition of Undertakings; Amalgamation of Banks; Winding up of
Banks; Penalties for offences.
Public Sector Banks and
Co-operative Banks
SBI and its Subsidiaries; Regional
Rural Banks; Nationalized Banks; Application of BR Act to Public Sector Banks;
Disinvestment of Shares by Govt.; Co-operative Banks
Financial Sector Legislative
Reforms
Need, Approach for Financial
Sector Legislative Reforms; Important Reforms
Recent Legislative Changes in RBI Act
Recent Legislative Changes in RBI
Act, Need thereof
Financial Sector Development
Council
Role and Functions of Financial
Sector Development Council
 
PART B – LEGAL ASPECTS OF
BANKING OPERATIONS
Different Types of Borrowers
Types of Borrowers; Limited
Liability Partnership
Types of Credit Facilities
Cash Credit, Overdraft, Demand Loans,
Term Loans, Bill Finance
Secured and Unsecured Loans,
Registration of Firms and Incorporation of Companies
Definition of Secured and
Unsecured loans; Need for Secured Loans; Registration of Firms; Consequences of
Non-registration of Firms; Incorporation of a Company
Indemnities
Definition of Contract of
Indemnity; Features of Indemnity Contract & Guarantee; Scope and
Application of Indemnity Contracts to Banks; Obligations of a Banker;
Precaution & Rights of an Indemnity Holder
Bank Guarantees
Definition and Types of Bank
Guarantees; Banker’s Duty to Honour Guarantee; Precautions to be taken for
Issuance of Bank Guarantee; Precautions to be taken for Payment under Bank
Guarantee; Invocation & Enforcement.
Letters of Credit
General Considerations of Letters
of credit; Parties to a Letter of credit; Types of Letters of credit; Documents
under a Letter of credit; UCPDC 600; Banks obligation for payment of Letter of
credit.
Deferred Payment Guarantees
Purpose of DPGs; Methods of
Payment
Laws Relating to Bill Finance
Class of Bills and Laws Governing
Bills; Classification of Bills; Categories of Bill Finance; Bill Finance and
Legal Position of Banker
Various Types of Securities
Types of Securities; Escrow
Arrangements; Trust and Retention Arrangements.
Laws Relating to Securities and
Modes of Charging – I
Mortgage; Types of Mortgage;
Enforcement of Mortgages
Laws Relating to Securities and
Modes of Charging – II
Lien; Pledge; Hypothecation; etc.
Registration and Satisfaction of
Charges
Definition of Charge; Procedure
for Registration of Charge; Effect of Non-registration of Charges; Provisions
of Law relating to Registration of Charges
Case Laws on Responsibility of
Paying Bank
Negotiable Instruments Act and
Paying Banks; Liability of Paying Banker; Payment in due course; Payment in
Good Faith; Whether Payment under Mistake Recoverable
Case Laws on Responsibility of
Collecting Bank
Statutory protection to Collecting
Bank; Duties of Collecting Bank
 
PART C – BANKING RELATED LAWS
Recovery of Debts due to Banks and
Financial Institutions Act, 1993(DRT Act)
Objective of the Act, Constitution
of Tribunal, Procedure to be followed, Enforcement process
Securitisation and Reconstruction
of Financial Assets and Enforcement of Securities Interest Act (SARFAESI)
Constitutional Validity;
Definitions; Regulation & Reconstruction; Enforcement of Security Interest;
Central Registry; Offences & Penalties; Miscellaneous Provisions
Banking Ombudsmen Scheme
Purpose; Extent; Definitions;
Establishment; Powers; Procedure for Redressal Grievance
Bankers Books Evidence Act, 1891
Applicability; Definition;
Important Provisions
The Legal Services Authorities
Act, 1987
Lok Adalats- Organisation;
Jurisdiction; Disposal of Cases; Awards
The Consumer Protection Act, 1986
and CERSAI
Preamble, Extent &
Definitions; Consumer Protection Councils; Consumer Disputes Redressal
Agencies; Objectives and important provisions of Central Registry of
Securitisation Asset Reconstruction and Security Interest of India
The Law of Limitation
Definition; Computation of
Limitation; Important Provisions in schedule to the Limitation Act
Tax Laws
Income Tax; Commodity Transaction
Tax; Service Tax
Negotiable Instruments Act, 1881
Applicability; Definition;
Important Provisions
Payment & Settlements Systems
Act, 2007
Applicability; Definition;
Important Provisions
 
PART D – COMMERCIAL LAWS WITH
REFERENCE TO BANKING OPERATIONS
Indian Contract Act, 1872
Meaning and essentials of
contract; Contract of Indemnity & Rights of Indemnity Holder; Contract of
Guarantee; Contract of Bailment; Contract of Pledge; Contract of Agency
The Sale of Goods Act, 1930
Features; Sale & Agreement to
Sell; Conditions and Warranties; Express & Implied; Rights of Unpaid Seller
Indian Partnership Act, 1932
Definition & Types of
Partnerships; Relation of partners to one another & to third Parties; Minor
admitted to benefits of partnership; Dissolution of a firm; Effect of non
registration; Limited liability partnerships formation, registration, rights
and liabilities of partners
Definition and features of a
company
Definition & Features of a
Company; Distinction between Company and Partnership
The Companies Act, 1956 (Now
Companies Act, 2013 )
Definition, Features & Types
of companies; Memorandum and Articles of Association; Doctrine of Ultra Vires,
Constructive Notice, Indoor Management; Membership of Company- Acquisition,
Cessation, Register, Rights & Duties of Members, Prospectus; Directors;
Winding up of Companies
Foreign Exchange Management Act,
1999
Important Terms; Powers of RBI,
Regulation and Management; Directorate of Enforcement
Transfer of Property Act, 1882
Sale, Mortgage of Immovable
Property; Types of Mortgages; Sale with and without court
intervention; Lease of Immovable
Property
The Right to Information Act, 2005
Applicability; Definition;
Important Provisions
Right to Information and
Obligation of Public Authorities
Obligations; Procedure; Disposal;
Appeal; Orders; Penalties.
The Prevention of Money Laundering
Act, 2002
Obligations; Records to be
Maintained; Procedure for Maintaining & Furnishing Information; Maintenance
& Verifications of Records of Identity of Clients.
Information Technology Act, 2000
Definitions; Electronic
Governance; Certifying Authorities; Digital Signature Certificates; Penalties;
Appeal.
On the very next upcoming Articles, we will
be discussing about the
subjects and how to
plan for it, study for it. We will be starting up with Notes, Quizzes and
finally we together will start the preparation for these.
 
We want our readers to be on the top of every profession specially
our Banking aspirants and bankers who think that there is no way to stop where
you are and there is never a stop to your growth. And believe us You can’t miss
these courses. It is not mandatory but yes it is very very important for your
knowledge and growth in any banking or financial institution.
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