JAIIB · PPB

DIFFERENT MODES OF CHARGING SECURITIES

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 does 'charge' mean in the context of bank lending?

A

A charge is a legal right created by a borrower in favour of a lender over an asset as security for repayment of a loan. It gives the lender the right to recover dues by selling the charged asset in case of default.

Q

What is the legal basis for a bank to create a charge over borrower's assets?

A

Contractual agreement between borrower and lender bank

Q

What is a 'pledge' as a mode of charging security?

A

Pledge is the bailment of goods as security for payment of a debt, where the pledgee (lender) takes actual possession of the goods. The pledgee can sell the goods without court intervention upon default by the pledgor (borrower).

Q

Which section of the Indian Contract Act, 1872 governs pledge?

A

Sections 172 to 179 of the Indian Contract Act, 1872

Q

Under which Act is pledge governed in India?

A

Pledge is governed by Sections 172 to 179 of the Indian Contract Act, 1872. These sections define the rights and duties of both the pledgor and the pledgee.

Q

What is the minimum amount of a mortgage deed that requires compulsory registration?

A

Mortgages above Rs. 100 require compulsory registration

Q

What is a 'hypothecation' as a mode of charging security?

A

Hypothecation is a charge on movable assets where possession remains with the borrower but the lender has a right over the assets in case of default. It is commonly used for vehicles, stock-in-trade, and book debts.

Q

What is an 'anomalous mortgage' under the Transfer of Property Act?

A

A mortgage not falling under any of the five defined types

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