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BANKER-CUSTOMER RELATIONSHIP
The relationship between banker and customer is mainly that of a debtor and creditor.
However, they also share other relationships.
Some of the important relationships they share are depicted below.
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(during the working hours) and on the date of maturity in the case of fixed
deposits. Today, banks also allow pre-mature withdrawals.
3) The creditor must make the demand for payment in a proper manner. The demand
must be in form of cheques; withdrawal slips, or pay order. Now-a-days, banks allow
e-banking, ATM, mobile-banking, etc.
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Banker as an agent performs many other functions such as payment of insurance premium,
electricity and gas bills, handling tax problems, etc.
Relationship of Advisor and Client
When a customer invests in securities, the banker acts as an advisor. The advice can be
given officially or unofficially. While giving advice the banker has to take maximum care
and caution. Here, the banker is an Advisor, and the customer is a Client.
Other Relationships
Other miscellaneous banker-customer relationships are as follows:
Obligation to Honour Cheques : As long as there is sufficient balance in the account of
the customer, the banker must honour all his cheques. The cheques must be complete and
in proper order. They must be presented within six months from the date of issue.
However, the banker can refuse to honour the cheques only in certain cases.
Secrecy of Customer's Account : When a customer opens an account in a bank, the
banker must not give information about the customer's account to others.
Banker's right to claim Incidental Charges : A banker has a right to charge a commission,
interest or other charges for the various services given by him to the customer. For e.g.
an overdraft facility.
Law of limitation on Bank Deposits : Under the law of limitation, generally, a customer
gives up the right to recover the amount due at a banker if he has not operated his
account since last 10 years.
So, these were some important banker-customer relationships.
ANTI-MONEY LAUNDERING
INTRODUCTION
Money laundering is a term used to describe a scheme in which criminals try to disguise
the identity, original ownership, and destination of money that they have obtained through
criminal conduct. The laundering is done with the intention of making it seem that the
proceeds have come from a legitimate source. A simpler definition of money laundering
would be a series of financial transactions that are intended to transform ill-gotten gains
into legitimate money or other assets.
DEFINITION
The act of disguising the source or true nature of money obtained through illegal means.
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laundering. Because the act is specifically used to hide illegally obtained money, it too is
unlawful.
PLACEMENT STAGE
The placement stage represents the initial entry of the "dirty" cash or proceeds of crime
into the financial system. Generally, this stage serves two purposes: (a) it relieves the
criminal of holding and guarding large amounts of bulky of cash; and (b) it places the money
into the legitimate financial system. It is during the placement stage that money
launderers are the most vulnerable to being caught. This is due to the fact that placing
large amounts of money (cash) into the legitimate financial system may raise suspicions of
officials.
The placement of the proceeds of crime can
bhttps://drive.google.com/file/d/0Bya4AWPjxuzydlpoVnF5SjJaWXhSVFZyNU02b2Fwa1o
tNVEw/view?usp=drivesdked to a country, or the launderer could use smurfs to defeat
reporting threshold laws and avoid suspicion. Some other common methods include:
1) Loan Repayment
2) Gambling
3) Currency Smuggling
4) Currency Exchanges
5) Blending Funds
LAYERING STAGE
After placement comes the layering stage (sometimes referred to as structuring). The
layering stage is the most complex and often entails the international movement of the
funds. The primary purpose of this stage is to separate the illicit money from its source.
This is done by the sophisticated layering of financial transactions that obscure the audit
trail and sever the link with the original crime.
During this stage, for example, the money
launderers may begin by moving funds electronically from one country to another, then
divide them into investments placed in advanced financial options or overseas markets;
constantly moving them to elude detection; each time, exploiting loopholes or discrepancies
in legislation and taking advantage of delays in judicial or police cooperation.
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INTEGRATION STAGE
Returning the money back into the financial world so that it appears legitimate.
ANTI-MONEY LAUDERING
DEFINITION
Anti-money laundering (AML) refers to a set of procedures, laws or regulations designed
to stop the practice of generating income through illegal actions. In most cases, money
launderers hide their actions through a series of steps that make it look like money that
came from illegal or unethical sources was earned legitimately.
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1) The Money Laundering Control Act of 1986, which prohibits engaging in any
transactions involving proceeds generated from illegal activities.
2) The 1988 Anti-Drug Abuse Act, which expanded the definition of financial
institution to include car dealers and real estate personnel, requiring them to file
reports on transactions involving large amounts of currency.
3) The 1992 Annunzio-Wylie Anti-Money Laundering Act, which requires more
strict sanctions for violations of the BSA, and requiring additional verifications,
recordkeeping, and reporting for wire transfers.
4) The Money Laundering Suppression Act of 1994 requires banks to develop and
institute training in anti money laundering examination procedures.
5) The Money Laundering and Financial Crimes Strategy Act of 1998 requires
banking agencies to develop training for examiners.
Unfortunately, as these money laundering
regulations are put into place, criminals work to find new methods to prevent their activity
from becoming detected or considered suspicious.
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INTRODUCTION
What is a Negotiable Instrument?
A Negotiable Instrument is that document that includes a promise to pay a certain
amount of money to the bearer of the document. Its a mode of transferring a debt from
one person to another. Negotiable Instruments are always in written form.
Examples - a cheque, a promissory note, a bill of exchange.
DEFINITION
Documents of a certain type which are used in commercial transactions and monetary
dealings, are known Negotiable instruments.
1) Negotiable means transferable by delivery and
2) instrument means a written document by which a right is created in favor of some
person. Thus, negotiable instrument means a document which is transferable by
delivery.
According to Section 13(i) of negotiable instrument Act, 1881 a negotiable instrument
includes and means a promissory note, bill of exchange or cheque.
CHARACTERISTICS
Freely Transferrable: The property in a negotiable instrument gets transferred by a
simple process of mere delivery if it is payable to bearer, endorsement and delivery or
payable to order.
Recovery: One can sue upon the instrument in his own name.
Presumption as to Considerations: These instruments are presumed to have been
1. made,
2. drawn,
3. accepted,
4. endorsed,
5. negotiated
6. or transferred for consideration.
Payable to Order or Bearer: It must be payable either to order or bearer.
Holders title free from all defects: The holder (one who acquires the instrument in good
faith and for consideration) in due course gets title free from all defects.
Presumption as to Holder-:Every holder of negotiable instrument is presumed to be
holder in due course.
KINDS OF NEGOTIABLE INSTRUMENTS
KINDS
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PROMISSORY NOTE
Promissory note is defined by Section 4 of the Negotiable Instruments Act.
A promissory note is a financial instrument that contains a written promise by one party
(the note's issuer or maker) to pay another party (the note's payee) a definite sum of
money, either on demand or at a specified future date. A promissory note typically
contains all the terms pertaining to the indebtedness, such as the principal amount,
interest rate, maturity date, date and place of issuance, and issuer's signature.
FORMAT
FEATURES /CHARACTERISTICS
1) The promise must be in writing.
2) The promise must be signed by the maker or payer.
3) The promise must be unconditional.
4) The amount to be paid must be definite in terms of money.
5) It must be payable on demand or at a fixed or determinable future date.
6) It must be payable to a definite person. The Payee must be certain.
7) Promissory note must bear stamp at the rate prescribed by law of a country.
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BILL OF EXCHANGE
According to Section 5 of the Negotiable Instruments Act,
A bill of exchange is an instrument in writing containing an unconditional order, signed by
the maker, directing a certain person to pay a certain sum of money only to, or to the
order of, a certain person or to the bearer of the Instrument.
FORMAT
FEATURES
1) The order to pay a bill must be unconditional one.
2) The order to pay must be made in writing on the bill.
3) The bill must be signed by the drawer of the bill. Without signature of the drawer
the bill will not be genuine one.
4) The order to pay under a bill must be addressed to a certain person which, of
course, includes individuals, firm, company, corporation etc.
5) The amount to be paid under a bill must be certain one.
6) The money under a bill must be paid in legal tender currency.
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CHEQUE
Cheque is an instrument in writing containing an unconditional order, addressed to a
banker, sign by the person who has deposited money with the banker, requiring him to pay
on demand a certain sum of money only to or to the order of certain person or to the
bearer of instrument."
FORMAT
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Bearer Cheque: When the words "or bearer" appearing on the face of the cheque are
not cancelled, the cheque is called a bearer cheque. The bearer cheque is payable to the
person specified therein or to any other else who presents it to the bank for payment.
However, such cheques are risky, this is because if such cheques are lost, the finder of
the cheque can collect payment from the bank.
Order Cheque: When the word "bearer" appearing on the face of a cheque is cancelled
and when in its place the word "or order" is written on the face of the cheque, the cheque
is called an order cheque. Such a cheque is payable to the person specified therein as the
payee, or to any one else to whom it is endorsed (transferred).
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Crossed Cheque: Crossing of cheque means drawing two parallel lines on the face of the
cheque with or without additional words like "& CO." or "Account Payee" or "Not
Negotiable". A crossed cheque cannot be encashed at the cash counter of a bank but it can
only be credited to the payee's account.
Anti-Dated Cheque: If a cheque bears a date earlier than the date on which it is
presented to the bank, it is called as "anti-dated cheque". Such a cheque is valid upto
three months from the date of the cheque.
Post-Dated Cheque: If a cheque bears a date which is yet to come (future date) then it
is known as post-dated cheque. A post dated cheque cannot be honoured earlier than the
date on the cheque.
Stale Cheque: If a cheque is presented for payment after three months from the date
of the cheque it is called stale cheque. A stale cheque is not honoured by the bank.
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Hundis
An age-old tradition of business transactions, peculiar to India, Hundis are negotiable
instruments written in various vernacular local languages in the country. The term is
derived from the Sanskrit word hundi which means to collect. These are generally in the
form of bills of exchange but may sometimes look like promissory notes in shape and
contents.
In other words, a hundi, though a negotiable instrument, is not necessarily a bill of
exchange as defined in the Act per se. Hundis are popular among Indian merchants,
especially those operating in sub-urban areas, even today, and are governed by the
Negotiable Instrument Act,1881 unless there is a local usage to the contrary.
1) Darshani hundi
2) Shahjog hundi
3) Dhanijog hundi
HUNDIS 4) Jawabee hundi
5) Firmanjog hundi
6) Miadi hundi
7) Namjog hundi
8) Jokhmi hundi
9) Zikri hundi
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TYPES OF ACCOUNTS
1) Savings Accounts
2) Current Accounts
3) Recurring Deposits Accounts
4) Fixed Deposit Account
5) Joint Account
6) DEMAT Account
7) NRI Account
SAVINGS ACCOUNTis an interest-bearing deposit account held at a bank or another
financial institution that provides a modest interest rate. Banks or financial institutions
may limit the number of withdrawals you can make from your savings account each month,
and they may charge fees unless you maintain a certain average monthly balance in the
account. In most cases, banks do not provide checks with savings accounts.
CURRENT ACCOUNT - Current Accounts are basically meant for businessmen and are
never used for the purpose of investment or savings. These deposits are the most liquid
deposits and there are no limits for number of transactions or the amount of transactions
in a day. Most of the current account are opened in the names of firm / company accounts.
Cheque book facility is provided and the account holder can deposit all types of the
cheques and drafts in their name or endorsed in their favour by third parties. No interest
is paid by banks on these accounts. On the other hand, banks charges certain service
charges, on such accounts.
RECURRING DEPOSITSFixed amount is deposited at regular intervals for a fixed term
and the repayment of principal and accumulated interest is made at the end of the term.
These deposits are usually targeted at persons who are salaried or receive other regular
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income. A Recurring Deposit can usually be opened for any period from 6 months to 120
months.
Further, banks also provide a combination of demand and time deposits in the form
of various products. Examples of such products include Recurring Deposits, Flexible RDs,
Multiplier FDs, Special Term deposit accounts etc
FIXED DEPOSIT ACCOUNT is an investment account and a type of savings account in
which money is deposited for a stated period of time and a fixed interest rate is paid at
the end of that period. It is a safer investment option when compared to other investment
types such as shares or the money market
JOINT ACCOUNTA joint account is an account that belongs to more than one person.
Joint accounts are often set up by couples that are living together or people who have
finances that are closely linked. Both current and savings accounts can be opened jointly.
Joint accounts can be set up so each individual account holder can use the account or so
that all account holders have to authorize transactions. With a joint account, you are liable
for any debts run up by other account holders.
DEMAT ACCOUNT Stocks in Demat account remain in dematerialized form.
Dematerialization is the process of converting physical shares into electronic format. A
demat account number is required to enable electronic settlements of all the trades.
Demat account functions like a bank account, where you hold your money and respective
entries are done in bank passbook. In a similar form, securities too are held in electronic
form and are debited or credited accordingly. A demat account can be opened with no
balance of shares. You can have a zero balance in your account.
NRI ACCOUNT In India banking terminology, the term NRI Account refers to funds
deposited by a Non-Resident Indian or NRI with a financial institution authorized by the
Reserve Bank of India to provide such services.A Non-Resident Indian is an Indian citizen
who primarily resides outside of India.
1) Non Resident Ordinary Accounts: (NRO): Any person resident outside of India can
open this account. Normally, when a resident becomes a non resident, his domestic
rupee account gets converted into the NRO account. This helps the NRI to get his
credits which accrue in India, for example rent or interest from investments.
2) Non-Resident (External) Rupee Account: (NR(E)RA This account was introduced as
NRE scheme in 1970. Its a Rupee account and the NRI can remit money to India
from the funds abroad. This means that depositor is exposed to the Currency rates
risk.
3) Foreign Currency Non-Resident Account: (FCNR): Foreign Currency Non-Resident
Account Bank or FCNR (B) was first introduced in 1993. It replaced the existing
FCNR (A) scheme. This account is opened by the NRIs in 6 designated currencies as
follows:US Dollar (USD) For Example: -Great Britain Pound (GBP),Euro
(EUR),Japanese Yen (JPY),Canadian Dollar (CAD),Australian Dollar (AUD)
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LOAN
A loan is an arrangement in which a borrower takes money from a lender or a financial
institution and promises to return it within a fixed period of time and at a fixed rate of
interest, which is determined at the time the loan is granted. In most of the cases, a loan
is returned in fixed installments and each installment is a fixed amount of money.
Secured Loan: A secured loan is one in which you get loan against an asset that you
possess. For example, you can take a loan against your property, a vehicle that you own,
your jewelry etc. If by any chance you are unable to pay back the money you have taken as
loan, the financial institution will sell that asset and recover the amount. The interest
rates may be lower for secured loans as compared to unsecured loans. The financial
institution from which you take a secured loan usually estimates the market value of the
asset you keep as security.
Unsecured Loan: If you do not have an asset to keep as security, you can get an unsecured
loan. However, in order to qualify for this loan you would have to have a good record of
credit history and have a good income. The interest rates for unsecured loans are usually
higher as compared to secured loans.
Letter of Credit: A letter of credit (LC) is type of credit facility wherein the bank
guarantees that the seller will receive payment on certain conditions. In the event that
the buyer is unable to make payment on the purchase, the bank will cover the outstanding
amount. Letter of credit is used in international and domestic trade transactions to ensure
that payment will be received where the buyer and seller may not know each other and are
operating in different countries.
Bank Guarantee: A Bank guarantee is a promise from a bank that the liabilities of a debtor
will be met in the event that the debtor fails to fulfill contractual obligations.
Priority Sector Lending: The overall objective of priority sector lending program is to
ensure that adequate institutional credit flows into some of the vulnerable sectors of the
economy, which may not be attractive for the banks from the point of view of profitability
Example :- MSMEs Credit ,Rural and Agricultural Loans.
Retail Loans: The banks offer an array of various retail loan products such as home loans,
automobile loans, personal loans (such as loans for marriage, medical expenses etc. ), credit
cards, consumer loans (for TV sets, personal computers etc) and loans against time
deposits and loans against shares. All of them come under the umbrella of retail loans. The
target market for retails loans are the consumers in the middle and high income segment,
salaried or self employed. Banks participate in the credit scoring programme to judge the
credit worthiness of individuals. While granting such loans, banks use reports from
agencies such as the Credit Information Bureau (India) Limited (CIBIL).
Cash Credit is a short-term cash loan to a company. A bank provides this type of funding,
but only after the required security is given to secure the loan. Once a security for
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repayment has been given, the business that receives the loan can continuously draw from
the bank up to a certain specified amount.
Overdraft is an extension of credit from a lending institution when an account reaches
zero. An overdraft allows the individual to continue withdrawing money even if the account
has no funds in it or not enough to cover the withdrawal. Basically, overdraft means that
the bank allows customers to borrow a set amount of money.
OPENING PROCEDURE
1) Decide the Type of Bank Account you want to Open: There are several types of
bank accounts such as Saving Account, Recurring Account, Fixed Deposit Account
and Current Account. So a decision regarding the type of account to be opened
must be taken.
2) Approach any Bank of choice & meet its Bank Officer:Once the type of account
is decided, the person should approach a convenient bank. He has to meet the bank
officer regarding the opening of the account. The bank officer will provide a
proposal form (Account Opening Form) to open bank account.
3) Fill up Bank Account Opening Form - Proposal Form: The proposal form must be
duly filled in all respects. Necessary details regarding name, address, occupation
and other details must be filled in wherever required. Two or three specimen
signatures are required on the specimen signature card. If the account is opened in
joint names, then the form must be signed jointly. Now a days the banks ask the
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applicant to submit copies of his latest photograph for the purpose of his
identification.
4) Give References for Opening your Bank Account: The bank normally required
references or introduction of the prospective account holder by any of the existing
account holders for that type of account. The introducer introduces by signing his
specimen signature in the column meant for the purpose The reference or
introduction is required to safeguard the interest of the bank.
5) Submit Bank Account Opening Form and Documents: The duly filled in proposal
form must be submitted to the bank along with necessary documents. For e.g. in
case of a joint stock company, the application form must accompany with the
Board's resolution to open the account. Also certified copies of articles and
memorandum of association must be produced.
6) Officer will verify your Bank Account Opening Form: The bank officer verifies
the proposal form. He checks whether the form is complete in all respects or not.
The accompanying documents are verified. If the officer is satisfied, then he
clears the proposal form.
7) Deposit initial amount in newly opened Bank Account: After getting the proposal
form cleared, the necessary amount is deposited in the bank. After depositing the
initial money, the bank provides a pass book, a cheque book and pay in slip book in
the case of savings account. In the case of fixed deposits, a fixed deposit receipt
is issued. In the case of current account, a cheque book and a pay in slip book is
issued. For recurring account, the pass book and a pay in slip book is issued.
CLOSING PROCEDURE
1) Account Closure Form: First of all you need to collect Savings/Current Bank
Account Closure Form from bank. Once you have the Account Closure Form, you
need to fill it up completely.
Usually the Account Closure Form in bank will ask you for the following information:
1) Name of Account Holder,2) Account Number, 3)Mobile Number.
You have the option to receive your balance amount by (1) Cash (2) Cheque/Draft
(3) Balance transfer to any other Bank account (4) Signature of Authorized
Signatory of the respective Savings/Current Account.
2) Returning your Debit Card, Cheque Book & Passbook: Once you have the duly
filled Account Closure Form, you need to make sure that you gather all what you got
from your Branch like your Debit Card, Cheque Book &Passbook.You need to
surrender all of these at the bank while closing your Savings/Current Bank Account.
3) Submitting ID & Address Proof Documents: To make sure that you are the same
account holder, you need to provide the photostat copies of the Address Proof and
ID Proof Documents associated with your Account.
Once you have followed these 3 steps to close Bank Account, your request
will be processed and your Bank Account will be closed.
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PRINCIPLES OF LENDING
INTRODUCTION
Lending involves elements of risks. The element of risk, in the main operations of a bank,
leads to the necessity ofcredit investigation. It presupposes right selection of borrower,
which needs complete and comprehensiveinvestigation of all the facts. As a matter of fact,
much of the worries of the lending banker is over if correct typeborrowers can be
selected. To arrive at a decision about selection of a borrower the banker needs to collect
a longchain of information about the borrower. Usual loan application forms when filled in
by the applicant provide thebanker with almost all the required particulars pertaining to
the advance. The bankers responsibility is to verifyand correlate those statements and to
prepare a credit report, which is expected to give a complete, clear, correctand reliable
record of the character, means and business integrity of the borrower. On the basis of
creditinformation and credit report, the banker may arrive at a reasonably correct
decision about the proposed advance.
PRINCIPLES OF LENDING
Safety: Before granting Loans and Advances banker must know5 Cs of the borrower:
Character Willingness to repay honesty, integrity, responsibility and attitude /
commitment of the borrower to repay
Capacity Success of the borrowers business as reflected in financial condition and
ability to repay through cash flow and earnings
Capital The borrowers stake in business as also his intrinsic financial strength as
reflected in his equity capital or net worth
Collateral The borrowers ability to offer quality assets to provide adequate protection
to the bank against default in repayment
Conditions Recent trends in borrower's line of activity and changing economic conditions
that might impact his financial conditions and thereby the ability to repay
Purpose: The purpose should be productive so that the money not only remain safe but
also provides a definite source of repayment. The purpose should also be short termed so
that it ensures liquidity. Banks discourage advances for hoarding stocks or for speculative
activities. There are obvious risks involved therein apart from the anti-social nature of
such transactions. The banker must closely scrutinize the purpose for which the money is
required, and ensure, as far as he can, that the money borrowed for a particular purpose is
applied by the borrower accordingly. Purpose has assumed a special significance in the
present day concept of banking.
Profitability- A commercial bank by definition is a profit hunting institution. The bank has
to earn profit to pay salaries to the staff, interest to the depositors, dividend to the
shareholders and to meet the day-to-day expenditure. Since cash is the least profitable
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asset to the bank, there is no point in keeping all the assets in the form of cash on hand.
The bank has got to earn income. Hence, some of the items on the assets side are profit
yielding assets. They include money at call and short notice, bills discounted, investments,
loans and advances, etc. Loans and advances, though the least liquid asset, constitute the
most profitable asset to the bank. Much of the income of the bank accrues by way of
interest charged on loans and advances. But, the bank has to be highly discreet while
advancing loans.
Liquidity- Liquidity is an important principle of bank lending. Banks lend money for short
periods only because they lend public money (money accept as deposits from people) which
can be withdrawn at any time by depositors. They, therefore, advance loans on the
security of such assets which can be easily converted into cash at a short notice. A bank
chooses such securities because if the bank needs cash to meet the urgent requirements
of its customers, it should be in a position to sell some of the securities at a very short
notice without disturbing their price much. There are certain securities such as central,
state and local government bonds which are easily saleable without affecting their market
prices.
Viability
Economic Feasibility- ensuring capacity, demand and supply position, cost of production,
sale prospects and price level.
Technical Feasibility raw materials supplies, government licensing, import policies,
transport bottlenecks, wage levels, labour situation, power and water supply, availability of
machineries and other civic facilities.
Financial Feasibility cost of production, and profitability, cash flow, estimated sources of
funds.
Managerial competence and availability of needed personnel both technical and skilled.
Spread/ Diversity: The advances should be as much broad-based as possible and must be
in keeping with thedeposit structure. The advances must not be in one particular direction
or to one particular industry. Again,advances must not be granted in one area alone.
National Interest: Bank has significant role to play in the economic development of a
country. The bankerwould lend if the purpose of the advance is for overall national
development.
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