The Relationship Between Banker and Customer

Banker & Customer
Prof.Anoop Koshy George
Assistant Professor
Department of Economics
MarThoma College, Tiruvalla
Banker
 
Banking : “
Accepting
 for the purpose of 
lending
 or
investment 
of deposit money from the public,
repayable on demand 
or otherwise and
withdrawable 
by cheque draft order or otherwise”
Banker : Any person or institution involved in
banking business.
 
Customer
 
A person who 
has an account in a 
bank
 
is considered as its customer.
 
Relationship between Banker &
Customer
Bank & Customer
 
Banker & Customer Relationship – Nature of service provided by a
banker
Types of Relationships
Debtor & Creditor
Creditor & Debtor
Features
 
Creditor must demand payment
Security of debt
Right to give directions
Closure of account
Bailee and Bailor
 
Bailment is the delivery of goods or movable property by one person to another for
some purpose, upon a contract that they shall, when the purpose is full filled, be
returned or disposed according to the directions of the person delivering them.
The person delivering the goods is called bailor
The person to whom these are delivered is called the bailee.
Trustee and Beneficiary
 
Trust means the obligation of a person or a firm to look after or
preserve the properties of another person.
 
Agent & Principal
Lessor and Lessee
 
Owner of an asset who lends it for use to another one for
a periodic payment is called 
lessor
The one who takes the asset for use and making
periodical payment to the owner of the asset is called
lessee
.
Special Relationships
 
Obligation of a banker
Obligation to honour cheque
Obligation to maintain secrecy
Obligation to maintain proper records of the customer
Bankers right of general lien
Lien
 is the right of a person to 
retain the proper
ty in his possession,
belonging to another 
until the debt 
due from the owner of that property is
repaid.
Particular lien / Special Lien
Right of the 
CREDITOR 
to retain the
particular property until the particular
debt is repaid.
Eg.Tailor
General lien
Right of a 
creditor
 to retain any property belonging to
debtor  
until all the debts are repaid.
Lien on customers fund
Lien on documents of title of goods
Lien on FD receipt
Lien on Life insurance policy
Lien on cheque, promissory note etc.
Bank cannot exercise the right of lien
Safe deposit locker
Documents deposited for specific purposes
Securities held in trust
Rights cont.….
 
Bankers right to set off or combine accounts
Bankers obligation and right regarding appropriation of
payment.
BANKERS RIGHT NOT TO PRODUCE ORGINAL BOOKS OF
ACCOUNT UNDER BANKERS BOOK EVIDENCE ACT 1981
Bankers right to charge compound interest.
Bankers right to charge incidental charges – charges for
keeping the account
 
 
 
Banker and Garnishee order
 
Order issued by the court of law and served to the
banker, directing not to honour the cheque of a
customer, who happened to be a debtor judgement.
Order Nissi 
– provision regarding the amount to be
attached.
Order absolute 
– directing the banker to transfer the
credit balance of the debtor judgement to the credit of
the creditor judgement.
Types of bank account
 
Current Deposit or Running Account
 
Money can be deposited and withdrawn with out any limitations
Unlimited transactions
OD
Collection of cheques
No interest.
Ledger folio charges
Savings Account
 
To encourage saving habits
Restriction on withdrawals
Cheque book
Internet banking
Zero balance
Fixed Deposit
 
Repayable after the expiry of a fixed
period.
Loan facility
7days to 10 years.
Repayment of amount before
maturity is allowable.
Recurring Deposit
 
Depositors 
save and deposit 
regularly every
month a fixed instalment so that they are
assured of the sizeable amount at a later period.
Starting from Rs.50
6-120 months
Periodic payments
Maturity amount will be paid after the maturity
period
 
Certificate of Deposit
 
Deposit from corporate
entities
Minimum is Rs.100000/-
Issued at discount
7 to 365 days
NRI Accounts
 
Non residents can deposit the
foreign money
Converted to rupees at prevailing
interest rates.
Cheque
 
“A cheque is a 
bill of exchange 
drawn on a 
specified
banker
 and not expressed to be payable otherwise than
on 
demand
 and its includes the electronic image of
truncated cheque and cheque in the electronic form”
Unconditional order
,drawn on a specified banker and is
always 
payable on demand.
Features
 
Must be in writing
Unconditional order
Drawn on a bank
Signed by the drawer
Payment for a fixed sum of money
Payee must be certain
Payable on demand
Parties
 
Drawer : party who draws the cheque
Drawee : always be the bank where the drawer
has bank a/c.
Payee : the person to whom the amount of the
cheque is made payable
Kinds of Cheques
 
Bearer Cheque : cheque which can be encashed by the
bearer.
Order cheque : cheque contains the name of payee
Blank cheque : cheque on which drawer puts his signature and
leaves all other columns blank.
Anti dated cheque : cheque which bears a date earlier than
the date of issue.
Post dated cheque : cheque which bears a date later than the
date of issue.
Stale cheque : cheque which is not presented for payment
within three months from the date of issue of cheque.
Mutilated cheque: cheque which is torn into two or more
pieces.
Marked cheque : “marked good for payment”
Dishonour of cheque
 
As per Sec.31 of Indian Negotiable instrument act 1881.
Sufficient credit balance must be available.
Cheque must be drawn in proper form and its
complete in order.
Cheque should be presented for payment within a
reasonable time.
No legal bar preventing the payment of cheque.
Amount of the cheque.
Drawers signature
 
 
 
Crossing of cheque
 
Crossing is an instruction given to the paying banker to
pay the amount of the cheque through an account only
and not directly to the person presenting it at the
counter of the paying banker.
Drawing two parallel transverse lines across the face of
the cheque with or with out the word ‘&co’ or with the
name of collecting banker between the lines.
General crossing
 
Drawing two parallel lines on the face of the cheque
constitutes general crossing.
The cheque bears an abbreviation
‘&Co’
Not negotiable
a/c payee
The effect of general crossing is that the cheque
must be presented to the paying banker through
any bank where the payee has bank account.
Special Crossing
Drawing of two parallel lines on the face of  the cheque and inserting
the name of the collecting between the two parallel transverse lines is
known as special crossing.
Opening of crossing
 
If the crossing of the cheque is cancelled, its called
opening of the cheque.
Drawer
“pay cash’ and cancel the crossing by putting signature
of the drawer.
Endorsement
 
En = upon  + dorsum = the back
Act of signing on the back or on the face of a negotiable
instrument or on a slip of paper attached to it for the
purpose of negotiation.
Endorser
 : The person who endorses the negotiable
instrument
Endorsee
 : the person to whom it is endorsed.
 
Kinds of endorsement
Blank Endorsement or General or bearer Endorsement
Endorser merely signing on the back of the instrument without mentioning the
name of the person to whom the instrument is endorsed.
Full Endorsement or Special
Endorser sign on the back of the instrument by writing the name of the person
to whom it is endorsed.
Restrictive Endorsement
Endorser signing on the back of the instrument by restricting the further
negotiation of the instrument.
Pay Mr.X or Order
(Sd) Mr.y
Pay Mr.X only
(Sd) Mr.y
Conditional Endorsement 
: endorser signing on the back and he makes liability on the
instrument  and right of the endorsee to receive the payment of
the instrument depends on happening of a specified event.
Facultative Endorsement 
: the endorser signing on the back of
the instrument after writing the name of the endorsee and waives
or surrender his right to receive the notice of dishonour by adding
words ‘notice of dishonour waived’.
San recourse endorsement 
: type of endorsement in which
endorser frees himself from any liability related to the
endorsement.
Pay Mr.X or Order on the arrival of
mr.w at cochin port by 07
November 2011
(Sd) Mr.y
Pay Mr.X or Order
Notice of Dishonour waived
(Sd) Mr.y
Pay Mr.X or Order
Sans recourse
(Sd) Mr.y
 
 
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Exploring the dynamics of the relationship between a banker and a customer, including definitions, types of relationships, features, and the roles of debtor/creditor, bailee/bailor, and trustee/beneficiary in the banking context.

  • Banker
  • Customer
  • Relationships
  • Banking
  • Finance

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  1. Banker & Customer Prof.Anoop Koshy George Assistant Professor Department of Economics MarThoma College, Tiruvalla

  2. Banker Banking : Accepting for the purpose of lending or investment of deposit money from the public, repayable on demand or otherwise and withdrawable by cheque draft order or otherwise Banker : Any person or institution involved in banking business.

  3. Customer A person who has an account in a bank is considered as its customer. A/c Banking transaction Frequency

  4. Relationship between Banker & Customer

  5. deposits loans Bank & Customer Safe deposit locker Collecting cheques payments Banker & Customer Relationship Nature of service provided by a banker

  6. Types of Relationships Debtor & Creditor Creditor & Debtor Bailee & Bailor Lessor & Lessee Agent & Principal

  7. Debtor & Creditor Banker Customer Debtor Creditor

  8. Creditor & Debtor Banker Customer Creditor Debtor

  9. Features Creditor must demand payment Security of debt Right to give directions Closure of account

  10. Bailee and Bailor Bailment is the delivery of goods or movable property by one person to another for some purpose, upon a contract that they shall, when the purpose is full filled, be returned or disposed according to the directions of the person delivering them. The person delivering the goods is called bailor The person to whom these are delivered is called the bailee. Banker Customer Bailee Bailor

  11. Trustee and Beneficiary Trust means the obligation of a person or a firm to look after or preserve the properties of another person. Banker Customer Trustee Beneficiary

  12. Agent & Principal Banker Customer Agent Principal

  13. Lessor and Lessee Owner of an asset who lends it for use to another one for a periodic payment is called lessor The one who takes the asset for use and making periodical payment to the owner of the asset is called lessee. Banker Customer Lessor Lessee

  14. Special Relationships Obligation of a banker Obligation to honour cheque Obligation to maintain secrecy Obligation to maintain proper records of the customer

  15. Bankers right of general lien Lien is the right of a person to retain the property in his possession, belonging to another until the debt due from the owner of that property is repaid. General lien Special lien

  16. Particular lien / Special Lien Right of the CREDITOR to retain the particular property until the particular debt is repaid. Eg.Tailor

  17. General lien Right of a creditor to retain any property belonging to debtor until all the debts are repaid. Lien on customers fund Lien on documents of title of goods Lien on FD receipt Lien on Life insurance policy Lien on cheque, promissory note etc.

  18. Bank cannot exercise the right of lien Safe deposit locker Documents deposited for specific purposes Securities held in trust

  19. Rights cont.. Bankers right to set off or combine accounts Bankers obligation and right regarding appropriation of payment. BANKERS RIGHT NOT TO PRODUCE ORGINAL BOOKS OF ACCOUNT UNDER BANKERS BOOK EVIDENCE ACT 1981 Bankers right to charge compound interest. Bankers right to charge incidental charges charges for keeping the account

  20. Banker and Garnishee order Order issued by the court of law and served to the banker, directing not to honour the cheque of a customer, who happened to be a debtor judgement. Order Nissi provision regarding the amount to be attached. Order absolute directing the banker to transfer the credit balance of the debtor judgement to the credit of the creditor judgement.

  21. Types of bank account CA SB FD RD CD

  22. Current Deposit or Running Account Money can be deposited and withdrawn with out any limitations Unlimited transactions OD Collection of cheques No interest. Ledger folio charges

  23. Savings Account To encourage saving habits Restriction on withdrawals Cheque book Internet banking Zero balance

  24. Fixed Deposit Repayable after the expiry of a fixed period. Loan facility 7days to 10 years. Repayment of amount before maturity is allowable.

  25. Recurring Deposit Depositors save and deposit regularly every month a fixed instalment so that they are assured of the sizeable amount at a later period. Starting from Rs.50 6-120 months Periodic payments Maturity amount will be paid after the maturity period

  26. Certificate of Deposit Deposit from corporate entities Minimum is Rs.100000/- Issued at discount 7 to 365 days

  27. NRI Accounts Non residents can deposit the foreign money Converted to rupees at prevailing interest rates.

  28. Cheque A cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and its includes the electronic image of truncated cheque and cheque in the electronic form Unconditional order,drawn on a specified banker and is always payable on demand.

  29. Features Must be in writing Unconditional order Drawn on a bank Signed by the drawer Payment for a fixed sum of money Payee must be certain Payable on demand

  30. Parties Drawer : party who draws the cheque Drawee : always be the bank where the drawer has bank a/c. Payee : the person to whom the amount of the cheque is made payable

  31. Kinds of Cheques Bearer Cheque : cheque which can be encashed by the bearer. Order cheque : cheque contains the name of payee Blank cheque : cheque on which drawer puts his signature and leaves all other columns blank. Anti dated cheque : cheque which bears a date earlier than the date of issue. Post dated cheque : cheque which bears a date later than the date of issue. Stale cheque : cheque which is not presented for payment within three months from the date of issue of cheque. Mutilated cheque: cheque which is torn into two or more pieces. Marked cheque : marked good for payment

  32. Dishonour of cheque As per Sec.31 of Indian Negotiable instrument act 1881. Sufficient credit balance must be available. Cheque must be drawn in proper form and its complete in order. Cheque should be presented for payment within a reasonable time. No legal bar preventing the payment of cheque. Amount of the cheque. Drawers signature

  33. Crossing of cheque Crossing is an instruction given to the paying banker to pay the amount of the cheque through an account only and not directly to the person presenting it at the counter of the paying banker. Drawing two parallel transverse lines across the face of the cheque with or with out the word &co or with the name of collecting banker between the lines.

  34. General crossing Drawing two parallel lines on the face of the cheque constitutes general crossing. The cheque bears an abbreviation &Co Not negotiable a/c payee The effect of general crossing is that the cheque must be presented to the paying banker through any bank where the payee has bank account.

  35. Special Crossing Drawing of two parallel lines on the face of the cheque and inserting the name of the collecting between the two parallel transverse lines is known as special crossing.

  36. Opening of crossing If the crossing of the cheque is cancelled, its called opening of the cheque. Drawer pay cash and cancel the crossing by putting signature of the drawer.

  37. Endorsement En = upon + dorsum = the back Act of signing on the back or on the face of a negotiable instrument or on a slip of paper attached to it for the purpose of negotiation. Endorser : The person who endorses the negotiable instrument Endorsee : the person to whom it is endorsed.

  38. Kinds of endorsement Blank Endorsement or General or bearer Endorsement Endorser merely signing on the back of the instrument without mentioning the name of the person to whom the instrument is endorsed. Full Endorsement or Special Endorser sign on the back of the instrument by writing the name of the person to whom it is endorsed. Restrictive Endorsement Endorser signing on the back of the instrument by restricting the further negotiation of the instrument. Pay Mr.X or Order (Sd) Mr.y Pay Mr.X only (Sd) Mr.y

  39. Conditional Endorsement : endorser signing on the back and he makes liability on the instrument and right of the endorsee to receive the payment of the instrument depends on happening of a specified event. Facultative Endorsement : the endorser signing on the back of the instrument after writing the name of the endorsee and waives or surrender his right to receive the notice of dishonour by adding words notice of dishonour waived . San recourse endorsement : type of endorsement in which endorser frees himself from any liability related to the endorsement. Pay Mr.X or Order on the arrival of mr.w at cochin port by 07 November 2011 (Sd) Mr.y Pay Mr.X or Order Sans recourse (Sd) Mr.y Pay Mr.X or Order Notice of Dishonour waived (Sd) Mr.y

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