Questions 1 - Question and answers for
banking
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Banking Law and Usage (University of South Africa)
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Banking Questions — Semester 1
2016 ठ⃚
Study Unit 1:
Question 1:
Define Banking
That part of the law that regulates the legal relations of banks in their capacity
as FINANCIAL institutions.
Question 2:
Define public-banking law
The public banking law governs the legal relationships between banks and
government organs (especially the Registrar of Banks) whom are in a position of
authority to the banks and includes legal rules providing for state control over
money and banking in general and banking operations in particular.
Question 3:
Define private-banking law
The civil banking law governs the legal relationships between banks and their
clients as well as third parties who contract with banks or in another way
affected by banking operations. This part of the banking law is mainly applied
obligations (contract and delict).
Question 4:
What is the main provision on fundamental rights? (Article 33)
¥ Everyone has the right to administrative action that is lawful, reasonable
and procedurally fair.
¥ Everyone whose rights are adversely affected by administrative action, the
right to be given written reasons.
¥ National legislation must be enacted to give these rights to give effect and
should:
1 - provision for review of administrative action by a court or, where
appropriate, an independent and impartial tribunal;
2 - state is obliged to provide the rights in subsections (1) and (2) to give
effect, and
3 — promote an effective administration.
Question 5:
How to ensure the right continued efficient functioning of the banking
system?
¥ public banking law that control and regulate banking institutions to ensure
their solvency
Critical Law Studies cc '
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CLS cc
Banking Questions — Semester 1
2016ठ⃚
¥ civil banking law which provides legal certainty regarding the rights and
obligations that arise when individual transactions take place
Question 6:
To what extent can the fundamental rights under section 36 (1) for
general applicable law be limited?
¥ When its reasonable
¥ justifiable in an open and democratic society based on human dignity,
equality and freedom .
¥ and taking into account all relevant factors, including the following:
. the nature of law
. the importance of the purpose of limiting
. the nature and extent of the restriction
. the relationship between the limitation and its purpose and
. A less restrictive way to the goal
Question 7:
What is the primary objective of the Reserve Bank?
Pursuant to section 224 (1) —to protect the domestic and foreign value of the
currency in the interest of balanced economic growth in the Republic.
Study Unit 2: Sources of Banking law
Question 1:
What are the sources of banking law?
¥ Banks Act
¥ Inspection of Financial Institutions Act
Critical Law Studies cc '
Downloaded by Kalua Mike ()
banking
, lOMoARcPSD|50337824
Banking Law and Usage (University of South Africa)
Downloaded by Kalua Mike ()
, lOMoARcPSD|50337824
1 ठ⃚
CLS cc
Banking Questions — Semester 1
2016 ठ⃚
Study Unit 1:
Question 1:
Define Banking
That part of the law that regulates the legal relations of banks in their capacity
as FINANCIAL institutions.
Question 2:
Define public-banking law
The public banking law governs the legal relationships between banks and
government organs (especially the Registrar of Banks) whom are in a position of
authority to the banks and includes legal rules providing for state control over
money and banking in general and banking operations in particular.
Question 3:
Define private-banking law
The civil banking law governs the legal relationships between banks and their
clients as well as third parties who contract with banks or in another way
affected by banking operations. This part of the banking law is mainly applied
obligations (contract and delict).
Question 4:
What is the main provision on fundamental rights? (Article 33)
¥ Everyone has the right to administrative action that is lawful, reasonable
and procedurally fair.
¥ Everyone whose rights are adversely affected by administrative action, the
right to be given written reasons.
¥ National legislation must be enacted to give these rights to give effect and
should:
1 - provision for review of administrative action by a court or, where
appropriate, an independent and impartial tribunal;
2 - state is obliged to provide the rights in subsections (1) and (2) to give
effect, and
3 — promote an effective administration.
Question 5:
How to ensure the right continued efficient functioning of the banking
system?
¥ public banking law that control and regulate banking institutions to ensure
their solvency
Critical Law Studies cc '
Downloaded by Kalua Mike ()
, lOMoARcPSD|50337824
2 ठ⃚
CLS cc
Banking Questions — Semester 1
2016ठ⃚
¥ civil banking law which provides legal certainty regarding the rights and
obligations that arise when individual transactions take place
Question 6:
To what extent can the fundamental rights under section 36 (1) for
general applicable law be limited?
¥ When its reasonable
¥ justifiable in an open and democratic society based on human dignity,
equality and freedom .
¥ and taking into account all relevant factors, including the following:
. the nature of law
. the importance of the purpose of limiting
. the nature and extent of the restriction
. the relationship between the limitation and its purpose and
. A less restrictive way to the goal
Question 7:
What is the primary objective of the Reserve Bank?
Pursuant to section 224 (1) —to protect the domestic and foreign value of the
currency in the interest of balanced economic growth in the Republic.
Study Unit 2: Sources of Banking law
Question 1:
What are the sources of banking law?
¥ Banks Act
¥ Inspection of Financial Institutions Act
Critical Law Studies cc '
Downloaded by Kalua Mike ()
