Banking And Financial Services Law In Ghana Flashcards
(101 cards)
[T /F] There’s both statutory and judicial definitions of a bank under Ghanaian law
False. Only statutory definition
Lord Denning’s definition of a bank in the case of United Domination Trust Ltd. V. Kirkwood.
An institution that;
- Accepts money and collects cheques for customer’s credit
- Honouring cheques and debiting customer’s account and
- Keeping accounts for customers in the bank’s books in order to enter the credits of the customer.
Bank, section 156 of Act 930
Is a body corporate which engages in the deposit taking business and issued with a license in accordance with the Banks and Specialized Deposit-Taking Institutions Act, 2016 (Act 930)
Specialized Deposit-Taking (SDTI)
Is a body corporate which engages in the deposit taking business and it is issued with a license to engage the deposit-taking business in accordance with Act 930.
Financial Holding Company
A company that controls a bank or a specialized deposit-taking institution which is subject to registration requirements under Act 930
An affiliate of a company
A body corporate of which the company is a subsidiary, a subsidiary of the company, or a body corporate that is under a common control with the company
[T /F] All banks in Ghana are deposit-taking institutions but not all deposit taking institutions are banks
True
Permissible activities of banks and SDTI, section 18(1) of Act 930.
(a) acceptance of deposits and other repayable funds from the
public;
(b) lending;
(c) financial leasing;
(d) investment in financial securities;
(e) money transmission services;
(f) issuing and administering of means of payment including
credit cards, travellers cheques, bankers’ drafts and electronic
money;
(g) guarantees and commitments;
(h) trading for own account or for account of customers in
(i) money market instruments,
(ii) foreign exchange, or
(iii) transferable securities;
(i) participation in securities issues and provision of services
related to those issues;
(j) advice to undertakings on capital structure, acquisition and
merger of undertaking;
(k) portfolio management and advice;
(l) keeping and administration of securities;
(m) credit reference services;
(n) safe custody of valuables;
(o) electronic banking;
(p) payment and collection services;
(q) bancassurance;
(r) non interest banking services; and
(s) any other services that the Bank of Ghana may determine
[T /F] SDTI is prohibited from engaging in the trade of foreign exchange or offer services denominated in foreign currency. Section 18(2) of Act 930
True
Enactments that a bank and SDTI are required to comply with, section 18(3) of Act 930.
- Securities Industry Act, 1993 (PNDCL 333)
- Foreign Exchange Act, 2006 (Act 723)
- Credit Reporting Act, 2006 (Act 726)
- Insurance Act, 2006 (Act 724)
Credit unions are licensed and supervised by
The Non-Bank Financial Institutions (NBFI) Act, 2008 (Act 774)
A credit union
Is a body corporate established as a co-operative and not for profit but to provide savings, credit and other financial services to members of that body corporate based on a common bond and linkage of association.
[T/F] Act 930 targets only for-profit business organizations in the financial service industry.
True.
[T /F] Banker-customer relationship is controlled by statue and case law
True.
What are these cases related to; Great Western Railway Co. Ltd v. London and County Banking Co. & Bank of West Africa v. Appenteng
The qualification of a bank customer
Banks services to customer
- Honouring it’s cheques
- Making periodic payments authorized by customer
- Collecting payments due to him
Bank customer
A person who has a relationship based on a general or specific contract with a bank
Natural persons as customers
- Individual adults above 18 years
- Minors
- Agents, eg, trustees, executors, administrators
Unincorporated groups and artificial personalities as customers
- Clubs
- Associations
- Churches
- Partnerships
- Government and government agencies
- Public corporations
- Liquidators
- Schools, universities
- NGO
- Embassies
- Agencies of international organizations in Ghana
Importance of banks to customers
- Deposit cash
- Bank to.make and receive payments and transfers on their behalves
- Deposit valuables other than cash
- Seeking investment and financial advice
Modern banking services
- Electronic banking
- Investment banking
- Financial advisory services
- Financial leasing
- Credit reference
What case is related to Foley v Hill, Harley v Ejura Farms (Ghana) Ltd, Kwetey V Botchway
Deposit taking, debtor-creditor relationship
Enactments affecting lending/borrowing relationships of banks and their customers
- Credit Reporting Act, 2007 (Act 726)
The credit bureau can disclose the state of a borrower’s financial affairs to a bank or lender to enable that lender make informed lending decisions - Borrowers and Lending Act 2008 (Act 773)
An Act to provide the legal framework for credit, to improve standards of disclosure of information by borrowers and lenders, to prohibit certain credit practices, to promote a consistent enforcement framework related to credit, and to provide for related matters
Enactments that regulate payments and money transfer
- The payment systems act, 2003
2. The bills of exchange act, 1961 (Act 55)