JAIIB · PPB

A RESPONSIBILITY OF COLLECTING BANK

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Principles and Practices of Banking — JAIIB.

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Q

What is the primary responsibility of a collecting bank under the Negotiable Instruments Act, 1881?

A

A collecting bank is responsible for collecting the proceeds of cheques, bills, and other negotiable instruments on behalf of its customers and must exercise due care and diligence in the collection process.

Q

What is the legal basis for the collecting bank's statutory protection in India?

A

Section 131 of the Negotiable Instruments Act, 1881.

Q

Under what section of the Negotiable Instruments Act does a collecting bank get protection against conversion claims?

A

Section 131 of the Negotiable Instruments Act, 1881 provides statutory protection to a collecting bank, shielding it from liability for conversion if it collected a cheque in good faith and without negligence.

Q

What must a collecting bank prove to avoid liability for wrongful conversion?

A

It acted in good faith and without negligence.

Q

What does 'holder in due course' mean in the context of a collecting bank?

A

A holder in due course is a person who acquires a negotiable instrument for value, in good faith, and without notice of any defect; a collecting bank acting as holder in due course gets greater rights and protections.

Q

Which amendment extended Section 131 protection to collecting banks in India?

A

The Negotiable Instruments (Amendment) Act, 2002.

Q

What is meant by 'conversion' in the context of collecting bank liability?

A

Conversion refers to the wrongful dealing with another person's property, including cheques; a collecting bank can be held liable for conversion if it collects a cheque for someone not entitled to it, unless statutory protection applies.

Q

What is the collecting bank's duty when a cheque is payable to a firm but deposited into a partner's personal account?

A

It must verify authority; collecting without inquiry invites liability.

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