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(1) Pledge is used when the lender (pledgee) takes actual possession of
assets (i.e. certificates, goods ). Such securities or goods are movable
securities. In this case the pledgee retains the possession of the goods
until the pledgor (i.e. borrower) repays the entire debt amount.
In case
there is default by the borrower, the pledgee has a right to sell the goods
in his possession and adjust its proceeds towards the amount due (i.e.
principal and interest amount). Some examples of pledge are Gold
/Jewellery Loans, Advance against goods,/stock, Advances against
National Saving Certificates etc.
to whom the goods / security has been hypothecated) will have to first
take possession of the security and then sell the same.
of this type of arrangement are Car Loans.
remains with the borrower but the same is hypothecated to the bank /
financer.
vehicle after giving notice and then sell the same and credit the proceeds
to the loan account. Other examples of these hypothecation are loans
against stock and debtors. [Sometimes, borrowers cheat the banker by
partly selling goods hypothecated to bank and not keeping the desired
amount of stock of goods.
Pledge
Type
of
Movable
Security
Hypothecatio Mortgag
n
e
Movable
Possession
Remains
withRemains
of
the
lender (pledgee) Borrower
security
Immovab
le
Usually
withRemains
with
Borrower
Gold
Loan,
Examples Advance againstCar / Vehilce
of
LoanNSCs,
AdvLoans,
AdvHousing
where
against
goodsagainst stockLoans
used
(also given underand debtors
hypothecation)
Pledge : Section 172 of the Indian Contract Act defines pledge as "The
bailment of goods as a security for the payment of a debt or performance
of a promise"
called Pawnee
To create a valid pledge in the eyes of Law, the three important points
needs to be noted : (a) Delivery of Possession : As in bailment, in pledge
too delivery of possession is required. For exmaple, in Revenue Authority
vs Sundarsanam Pictures, AIR 1968, it was held NOT to be pledge because
the film producer borrowed a sum of money from a financier and agreed to
deliver the final prints of the film when ready. Thus, there was no delivery
of the goods at the time of agreement; (b) Delivery is in return of a loan
or promise to perform something.
that delivery and loan take place at the same time. Delivery can be made
even after the loan is received.
Hypothecation:
was not defined under Indian Law for long time and was
What is an Assignment ?
The assignee
the bank should not be considered". However, when the interest on Fixed
Deposit account is credited to the Savings Bank accounts as per the
mandate of the customer, it is treated as a customer induced transaction.
However, it may be mentioned that some banks had certain internal
guidelines / periods before an account can be termed as dormant and / or
inoperative.
purpose, but the above period of two years is applicable as per RBI
guidelines. Therefore, as per RBI guidelines, there is no difference
between dormant accounts and inoperative accounts.
Section 26 of the Banking Regulation Act, 1949 provides, inter alia, that
every banking company shall, within 30 days after close of each calendar
year submit a return in the prescribed form and manner to the Reserve
Bank of India as at the end of each calendar year (i.e., 31st December) of
all accounts in India which have not been operated upon for 10 years.
Such deposits are considered as unclaimed deposits.
complying with these guidelines.
To check this trend, RBI has initiated a move and wanted banks to play a
pro-active role so that unclaimed deposits can be nipped in the bud
itself.
What are the Rules for banks for monitoring of Dormant / Inoperative
Accounts ? Is Bank Required to inform customer about his account
becoming dormant / inoperative?
However, where the account holder replies and gives the reasons for not
operating the account, bank will continue classifying the same as an
opertive account for one more year within which period the account holder
can operate the account. However, if the account holder still does not
operate the same during the extended period, the account will be
classified as inoperative at the end of the extended period.
Banks are also advised to ensure that the amounts lying in inoperative
accounts ledger are properly audited by the internal auditors / statutory
auditors of the bank.
Thus,
Yes, bank can charge as per the schedule of charges declared by the
bank.
Can bank charge for reactivating the same i.e. making the account again
an active account?
However, banks can not charge any fee /charges for converting a
dormant / inoperative account as operative.
What are the guidelines for unclaimed accounts ?
We have already explained about unclaimed deposits.
banks
that
they
should
display
the
list
of
RBI has
unclaimed
Many business organization needs funding for fulfilling their monetary requirement.
The funding can either be short term or long term. Nowadays people choose a short
term loan like cash credit and overdraft. Cash Credit is a type of facility provided
by the bank or financial institution in which, a company can withdraw an amount
more than what he holds in his credit against the security of stock. Overdraft is
another facility, in which the bank permits the customer to debit his current account
below zero but only up to a specified limit. After a complete research, a compilation
of difference between cash credit and overdraft is made considering various
criterion.
CASH CREDIT
OVERDRAFT
Meaning
BASIS OF
COMPARISO
CASH CREDIT
OVERDRAFT
Security
Account
Pledge or hypothecation of
inventory.
and property.
Current Account
Definition of Overdraft
Overdraft means the act of overdrawing money from the bank account. Bank
Overdraft is a facility provided by the bank to its customers withdraw money more
than the amount he holds in his account. The overdraft limit sanctioned is
predefined by the bank depending upon the securities pledged or repayment
capacity of the Account holder. The drawing limit is specified by the bank or
financial institution may vary from bank to bank and borrower to borrower. Interest
is charged on the amount utilized not on the limit sanctioned. Amount withdrawn
above the specified limit will be subject to additional charges.
The overdraft are repayable on demand i.e. the bank has the right to call the money
lent to the customer at short notice. Cheque book is provided to the account holder
to operate these account.
When the overdraft facility is provided without any security in order to meet urgent
financial needs, it is known as Clean Overdraft. However, when it is provided
against the security of assets like land & building, shares, debentures, etc. it is
known as Secured Overdraft.
3. For availing cash credit facility the borrower must have a cash credit account
with the bank or financial institution. Conversely, Overdraft facility can be
availed by the borrower, if he has a current account with the bank.
4. Cash credit facility is given against the pledge or hypothecation of inventory
or other current assets or collateral security. Overdraft facility is given against
the security of fixed assets (if securitised).
Similarities
Payable on demand
Money can be withdrawn more, than the amount actually available in the
account.
Security
Limit
Line of credit
Conclusion
For fulfilling the working capital requirement of the company at the time of need,
the banks provides many facilities. These facilities include cash credit, overdraft, bill
discounting and working capital loan, etc. Cash credit and Overdraft are the popular
ones, they are very similar in many aspects. The difference between cash credit and
overdraft is quite subtle. But, overdraft is one of the oldest concept as compared to
the cash credit.
Difference between Overdraft and Cash Credit
Overdraft and cash credit are widely used external sources of finance for
availing short term borrowing at some cost. Both cash credit and overdraft are used
by businesses to manage short term working capital requirements. However, they
differ on various aspects which include nature of account, charges and fees,
amount, purpose, type of security, use of funds, interest rate etc.
Both these facilities are repayable on demand and therefore classified as sources of
finance payable on demand or loans payable on demand. However, these facilities
are rarely re-called in real-life scenario except in very rare circumstance like
customers business and financial position is going from bad to worse phase as time
passes by or in case when the value of the security is found extremely low during
period re-valuation of the security or during renewal of the facility.
Although both these facilities are very similar in nature, one needs to understand
cash credit vs. overdraft difference in order to understand them better.
Cash Credit Facility
Account requirement
Security Requirement
End Use
Overdraft Facility
Rate of Interest
periodic intervals.
The rate of interest charged under The rate of interest charged
cash credit facility is lesser than under over draft facility is higher
what is usually charged under the than what is usually charged
overdraft facility.
under the cash credit facility.
which no specific collateral is offered; instead, clean overdrafts are granted against
the worth of the individual. This is usually only possible when the borrower has a lot
of funds parked at the financial institution and enjoys a long-standing relationship
with the bank.
Advantages and Disadvantages of Bank Overdraft
A bank overdraft is a temporary facility extended by a bank to corporates and other
clients to withdraw funds from their account in excess of the balance. This facility is
provided by the bank for a fee and interest is charged on the excess amount that is
withdrawn for the length of the time. It is important to know the advantages and
disadvantages of the bank overdraft facility in order to use it effectively.
An overdraft facility allows the facility holder to withdraw money from the account
despite having no balance. There is usually a limit on the amount that can be
overdrawn from the account. The overdraft limit is usually set by the banks basis
the amount of working capital and credit worthiness of the facility taker.
Advantages of Bank Overdraft:
Handles Timing Mismatch of Flow of Funds: A bank overdraft is
usually helpful for a business where it has cash flows moving in an out many
times during a month. In other words, if sales proceeds and purchases result in
flow of money in and out many times during a week / month; an overdraft
facility allows managing cash flow gaps that might arise due to timing
mismatch.
o Helps in Keeping Good Track Record: It helps to maintain a good
payment history as any payment made via cheque does not bounce due to
insufficient funds, which may have been made against some receivable,
which may come a couple of days later.
o Timely Payments: It also aids in ensuring that timely payments are made
and no late payments penalties are faced, as payments would be made
even if there is no balance in the account.
o Less Paperwork: Overdraft facility is usually easy to avail compared
to long term loans which may require more paperwork.
Flexibility: Overdraft facility is flexible in the nature that one may take it
whenever required for whatever amount (up to the limit allotted) and for even
as less as one or two days.
Benefit in Interest Cost: Since the interest is calculated only on the
amount of funds utilized, there are great savings in the interest cost when
compared to a normal loan taken on fixed interest rate. In other loans, you have
to pay interest even if you are not using the money. The meter of interest starts
with the payments you make but it stops instantly when there are receipts.
Higher Interest Rates: Overdraft facility comes with a cost. The cost is
usually higher than the other sources of borrowing. Also if one goes above or
exceeds the overdraft limit, the charges thereby are much higher.
Conclusion:
Overdraft is a temporary facility obtained by the companies to meet their ultra-short
term cash shortage / requirement. One needs to bear in mind that such facility
comes with high cost and should be used as a stop gap management of funds or as
an emergency activity rather than a routine funding activity. Higher dependence on
overdraft for working capital management indicates poor working capital
management and a liquidity constraint faced by the company. Only temporary
working capital should be financed by bank overdraft. The permanent working
capital should be financed by long term loans having lower interest rates.
Current Account Vs Saving Account
Whenever we go for opening an account in a bank, one thing comes to our mind
which type of account is best suited for us a saving account, current account,
recurring deposit account or a fixed deposit account. People normally go for either
saving bank account or current account, but they are still confused between the
two. Here, a full fledged research on it is conducted, which will help you to
understand the difference between them.
1. Comparison Chart
2. Definition
3. Key Differences
4. Similarities
5. Conclusion
Comparison Chart
BASIS OF
SAVING ACCOUNT
DIFFERENCE
Meaning
CURRENT ACCOUNT
a person.
to a business.
Suitable for
Individual
Businessman or company
Interest
Yes
No
Withdrawals
Limited
Unlimited
Issue of
Yes
No
Passbook
Nomination facility
Conclusion
We have discussed in detail about both the entities and it is quite clear that the two
are important in place. If we talk about the major difference between them, it is the
number of transactions withdrawal or deposit .
Letters of credit
What is a letter of credit?
A letter of credit - sometime known as 'documentary credit' - is basically a
guarantee from a bank that a particular seller will receive a payment due from a
particular buyer. The bank guarantees that the seller will receive a specified amount
of money within a specified time. In return for guaranteeing the payment, the bank
will require that strict terms are met. It will want to receive certain documents - for
example shipping confirmation - as proof.
Why use a letter of credit?
Letters of credit are most commonly used when a buyer in one country purchases
goods from a seller in another country. The seller may ask the buyer to provide a
letter of credit to guarantee payment for the goods.
The main advantage of using a letter of credit is that it can give security to both the
seller and the buyer.
Advantages for sellers
By asking for an appropriate letter of credit a seller is reassured that they will
receive their money in full and on time. A letter of credit is one of the most secure
methods of payment for exporters as long as they meet all the terms and
conditions. The risk of non-payment is transferred from the seller to the bank (or
banks).
Advantages for buyers
When a buyer uses a letter of credit they get a guarantee that the seller will honour
their side of the deal and provide documentary proof of this.
Other things to consider
It's important to be aware of the additional costs involved in using a letter of credit.
Banks make charges for providing them, so it's sensible to weigh up the costs
against the security benefits.
If you're an exporter you should be aware that you'll only receive payment if you
keep to the strict terms of the letter of credit. You'll need to give documentary proof
that you have supplied exactly what you contracted to supply. Using a letter of
credit can sometimes cause delays and other administrative problems.
A Letter of Credit is a payment term mostly used for long-distance and international
commercial transactions.
Letters of credit are indispensable for international transactions since they ensure
that payment will be received. Using documentary letters of credit allows the seller
to significantly reduce the risk of non-payment for delivered goods, by replacing the
risk of the buyer with that of the banks. Letters of credit have become a crucial
aspect of international trade , due to differing laws in each country and the difficulty
of knowing each party personally.
After trade between countries made it impossible to do business by traditional
payment methods, Letters of credit make it possible to do business worldwide.
Originally, Letter of Credit was literally a letter written by the buyer's bank to the
seller's bank promising that they guarantee to pay the seller in case of the buyer's
default.
In modern business world, a letter of credit is basically an undertaking by a bank to
make a payment to a named Beneficiary within a specified time, against the
presentation of documents which is strictly in compliance with the terms of the
letter of credit.That is to say, banks issue letters of credit as a way to ensure sellers
that they will get paid as long as they do what they've agreed to do. Hence, in
essence, letter of credit is a promise to pay.This mechanism has its own jargon:The
Buyer is the Applicant or the Account Party and the Seller or the Ultimate Recipient
of Funds is the Beneficiary.
The Bank that issues the LC is referred to as the Issuing Bank which is generally in
the country of the Buyer.The Bank that Advises the LC to the Seller is called the
Advising Bank which is generally in the country of the Seller
Abbreviations for 'letter of credit' include L/C, LC, and LOC .In the very beginning,
one must note that Letters of credit deal in documents, not goods, thus the Bank
scrutinizes the 'documents' and not the 'goods' for making payment which explains
why the technical term for Letter of credit is 'Documentary Credit'.
In this context, the process works both in favour of both the buyer and the seller.
The instrument is designed to reduce the risk taken by each party. The Seller gets
assured that if documents are presented on time and in the way that they have
been requested on the LC the payment will be made and Buyer on the other hand is
assured that the bank will thoroughly examine these presented documents and
make sure that they meet the terms and conditions stipulated in the LC.
Letter of credit advantages for the seller
The seller has the obligation of buyer's bank's to pay for the shipped goods;
Reducing the production risk, if the buyer cancels or changes his order
The opportunity to get financing in the period between the shipment of the
goods and receipt of payment (especially, in case of deferred payment).
The seller is able to calculate the payment date for the goods.
The buyer will not be able to refuse to pay due to a complaint about the
goods
The bank will pay the seller for the goods, on condition that the latter
presents to the bank the determined documents in line with the terms of the
letter of credit;
The buyer can control the time period for shipping of the goods;
In the case of issuing a letter of credit providing for delayed payment, the
seller grants a credit to the buyer.