Professional Documents
Culture Documents
Notes On Banking
Notes On Banking
In 1955 we had the banking Act launched and some of the traits/tenents
/characteristics of the Banking Act included;
- Banks were required to have paid up capital of 1 million UGX
- Register with the registrar of companies
- The banking Act provided for sector regulation
However there was no central bank to regulate, monitor the work of the
other banks. the luck of a CB was in part due to the fact that hitherto
that the foreign banks that had their own management systems,
supervision rules and prudential regulations.
In 1965, the savings and credit Bank was restructured in to the Uganda
commercial Bank, UCB extended banking services to rural areas and
steadily expanded its branch network through out the 1960’s and 70’s.
in 1966 Bank of Uganda was launched as the central Bank. According to
the 1966, Bank of Uganda Act;
- The central Bank had powers to control credit of commercial Banks
- The central Bank could control the purpose for which loans were
granted and the class of business.
- The Act set the maximum time for loan and advances
- The act also set the time and maximum
- The central bank also had powers to determine the rates of interest,
commercial banks could not charge interests depending on risks and
neither could they use the interest rates to attract deposits.
- However the CB was not given power to burry minimum paid up capital
or adjust it.
1969
1969 saw the repealing of the 1955 Banking Act with radical under
hones of post-independence quota and quote modes of doing business.
Some of the tenents of the 1969 Act included;
i) Only companies registered in Uganda were allowed to carry on
banking business
ii) The min-paid up capital was 20 million
iii) Banks were to make mandatory period returns
iv) Capital reserves were built into the Act (security that then Bank
must maintain as they lend out money)
v) The Act prohibited unsecured credit facilities and loans.
However the Act had some limitations.
Note
The expansion of the banking sector was based on a very inadequate
legal framework which would threaten systematic collapse of the banking
sector nearly a decade later. An alternative argument says that the legacy
of Bch colonial rule and the dominancy of foreign owned banks- because
these banks were subsistence and they had their own prudential
management rules challenged the creation of a robust legal framework
for the sector. The flip side however, the government at the time should
have exercised diligence when rolling out local banks.
Commercial banking environment
The rapid expansion of the cooperative society Bank and UCB – operated
in an environment that was short of experience and professional
personnel. These circumstances coupled with the weak regulatory
framework undermined the banks efficiency and internal controls. The
banks were managed in the absence of prudential lending regulations-
leading UCB to accumulate non performing loans of 75% of it total
portfolio. The 1990’s also stored an increase in the number of players
including Greenland Bank, Teffe Bank, CERUDEB and many others.
However the increase in the number of banking players was increasingly
met by banking challenges including but not ltd to;
i) Automatic liquidity support for UCB from the central Bank
ii)UCB lacked proper accounting procedures,
ii) Political influences and patronage –this was supplemented by
corruption practices.
iii) Lack of regulation
iv) Since most loans were politically influenced, borrowers repayment
feedback was poor
v) Absence of supervisor/advisor
vi) Lack of proper accounting procedures across the sector
Political instability
Weak law regime.
Read
Financial institutions Act and note. Depositor protection and monetory
stability
i) Under capitalization
ii)Prohibited transaction
iii)Insides lending
v)Deposit protection fund
vi)Competition
vii) Licensing
vii) Credit reference bureau
ix)Cooperate governance
A162 (2)
In performing its functions the BOU shall conform to this constitution
but shall not be subject to the direction or control of any person or
authority.
Note
Banking business involves the acceptance of deposits of money from the
public, repayable.
On demand
At the expiry of a fixed period
After notice and employment of such deposits by lending or the risk of
the person accepting such deposits.
The business also involves presenting the another bank for payment,
cheques, drafts of orders received from customers in the capacity of the
banker.
Qn
a) What documents are a prerequisite when submitting an application for
a license under the FIA
b) Describe the licensing process.
S 26-28 set the capital requirements for carrying out business with the
financial institutions. The minimum capital requirements is 4 B.
minimum paid up capital is no les the 1 bn shillings for non-bank.
S26 (3) The minister may review the requirements by SI with approval of
parliament.
On going capita adequacy requirement S 27(1)
Liquid Assets A liquid Asset is that asset that can be converted into each
quickly with minimal impact to the price received- liquid assets are
generally regarded as cash because their prices are relatively stable when
sold on the open market. S 28(6).
The evidence (Bankers book Act) provides that a bank or banker means
any person carrying on banking business in Uganda
The stamps Act- Banker means a bank and any person acting as a
banker
The BOU Act- defines the Bank as the bank of Uganda established under
Act.
The FIA defines a bank to mean any co licensed to carry on financial
institutions business as its principle business and includes all branches
and offices of that company in Uganda.
Please also review the capital mkts authority Act as well as the money
lenders Act.
Case law defn of bank
Case law like the statutes have not defined the word bank but have listed
the xtics of the banking business.
In the case of UNITED DOMINIONS TRUST LTD V KIRKWOOD (1966) 2
QB 431 it was noted that there are three characteristics usually found
in bankers today;
i)They accept money from and collect cheques for their customers and
place them to their credit
ii) They honour cheques for orders drawn on them by their customers
when presented for payment and debit their customers accordingly,
iii)They keep current accounts or study of that nature in their books in
which the credit and debits are entered.
No one and no body corporate or otherwise can be a banker who does
not;
a) Take current account
b) Pay cheques drawn on himself
c) Collect cheques for his customers
N.B
Duration is not of the essence when determining the relationship between a
banker and customer.
REF. GREAT WESTERN RAILWAY CO V LONDON COUNTY BANKING
CO. LTD (1901) AC 414
If a person has no account with the bank and is not about to open on account
with the bank, the fact that the bank renders some casual service to or for him
does not qualify him as a customer. However an agreement to open an account
is sufficient to constitute a person a customer of a bank.
Court held that a person need not have a series of dealings with the bank before
he acquires the status of a customer. He becomes a customer the moment the
bank receives money/cheque and agrees to open an account for him.
A person becomes a customer of a bank when he/she goes to the Bank with
money/cheque and asks to have an account opened in his/her name and the
bank accepts the money /cheque and is prepared to open an account in the
name of that person. After that he/she acquires customer’s status.
Joachimson v swiss bank corp . There is only a contract between banker &
customer& the term of the contract include the following.
a) The bank undertakes to receive money and collect bills for its customer’s
accounts
b) The proceeds received are not to be held in trust for the customer but the bank
borrows the proceeds and undertakes to repay them.
c) The promise to repay is to repay at the branch of the bank where the account is
kept and during working hours.
d) It includes a promise to repay any part of the amount due against any written
order of the customer addressed outstanding in the ordinary course of business
for two or three business days
Q. It is term of the contract that the bank will not cease to do business with a
customer, except upon reasonable notice.
f)The customer undertakes to exercise reasonable care in executing his/her
written orders so as not to mislead the bank or participate forgery.
g)The bank is not liable to payable full amount to the customers balance unless
where this is demanded.
The customers must exercise reasonable care to inform the bank of his or her
account has been forged. This means if any forgery arrives, the customer owes a
duty to the bank
This was stated in the LONDON JOINT STOCK BANK V
Reasonable care.
The customer has a duty to the banker to exercise reasonable care in drawing
cheques so as not to perpetuate as the customer and banker are under a
contractual relationship it is obvious that is drawing a cheque, the customer is
bound to take usual and reasonable steps to prevent forgery. If a cheque a
written order in drawn in such a way as to facilitate or enable a third party
increase the amount on the cheque through dishonest means, forgery is in such
circumstances is not a remote but a very natural consequence of negligence the
customer is liable.
The duty of the customer to exercise reasonable care in executing his/her written
order so as not to mislead the bank or to facilitate forgery. The same principle
was laid down in the case of
SOACHIMSON V SWISS BANK CORPORATION (1921) 3 KB 110
This duty had already been recognized in the case of LONDON JOINT STOCK
BANK V MAC MILLAN AND ATHUR 1915 AC 77, where the House of Lords
said that a cheque drawn by a customer is in point of law a mandate to the
banker to pay the amount according to the tenor of the cheque.
5. The customer must go to or instruct his or her bank when he/she requires
payment
It is not incumbent on the banker to seek out the customers.
This is contrary to the normal lending requirements whereby it’s the debtor who
should seek out his creditor to effect payment.
6. Before making demand for payment, the customer must be sure that his
account has the necessary funds to meet his or her order. Alternatively he/she
can (customer) make prior arrangements for over draft facilities to be available
from his/her banker.
7. A customer must pay reasonable interest and omission and other charges for
banking services.
1. NON DISCLOSURE