Question 1
In a Hindu Undivided Family (HUF) account, what happens upon the death of the Karta?
Upon the death of the Karta, the bank must stop operations to determine the new Karta (usually the next eldest coparcener). While recent laws allow daughters to be coparceners and potentially Karta, the succession must be formally established before operations resume to avoid legal disputes.
Question 2
A cheque drawn on a Partnership Firm's account is presented for payment after the death of one partner. The cheque is dated before the partner's death. The bank should:
Normally, the death of a partner dissolves the firm. However, regarding old transactions (cheques issued before death), the bank can pay them to avoid dishonor, provided the account has funds and the surviving partners don't object. The estate of the deceased partner remains liable for acts done before death.
Question 3
Which document is the "Charter" of a company and defines its constitution and scope of powers?
The Memorandum of Association (MoA) defines the company's relationship with the outside world and sets the limits (scope) of its operations. Any act outside the MoA is "Ultra Vires" (void). AoA defines internal rules.
Question 4
When opening an account for an Illiterate Person, which of the following is NOT a standard safeguard?
An illiterate person CAN open a single account. While joint operation is allowed, it is not mandatory that they must open a joint account. The other safeguards (witness, photo, no cheque book) are standard.
Question 5
Unregistered Clubs and Societies are not legal entities. Therefore, banks should typically avoid opening accounts for them to avoid issues related to:
Since an unregistered body has no separate legal existence, it cannot be sued in its own name. If the account goes into debit/overdraft, recovering money becomes legally complex as the bank has to sue individual members.
Question 6
In a Joint Account with "Jointly" operation instruction, if a cheque is issued signed by all, but one account holder sends a "Stop Payment" instruction:
The authority to *draw* funds is joint, but the authority to *revoke* the mandate (stop payment) is individual. Any single joint holder can stop payment to protect the funds.
Question 7
When opening an account for an Executor/Administrator, the bank must inspect the:
An Executor derives authority from the Will (confirmed by Probate). An Administrator is appointed by the court (Letter of Administration) if there is no will. These documents validate their legal standing.
Question 8
Why do banks generally not pay interest on Current Accounts?
Current accounts offer fluidity and unlimited transactions (cheques, transfers) which incurs high operational costs for banks. Hence, no interest is paid (though RBI deregulated this, most banks still don't pay to maintain margins).
Question 9
When a minor attains majority, what action must the bank take regarding his account operated by a guardian?
The guardianship terminates automatically when the minor attains majority. The bank must stop the guardian's operations and take fresh instructions and specimen signatures from the erstwhile minor.
Question 10
A "Certificate of Commencement of Business" is required to open a bank account for:
Under the Companies Act, a Public Limited Company needs a Certificate of Commencement of Business in addition to the Certificate of Incorporation to start operations and borrow money. Private companies only need Incorporation cert.