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Assignment

Financial Institutions and Market

Submitted to,
Palash Saha
Course Instructor
Institute of Business Administration
Jahangirnagar University

Submitted by,
Shajidur Rashid Sajid
ID: 1793, 23rd Batch
Institute of Business Administration
Jahangirnagar University

Date of Submission: 30.08.2016

Summary of Bank Companies Act, 1991


Bank Companies Act, 1991 is a guideline for Banks is a guideline for Commercial Banks and the
Central Bank of the country as well. All banks of Bangladesh have to abide by the provisions of
this Act. This Act has given necessary power to the Central Bank i.e. Bangladesh Bank to control
the Commercial Banks and Specialized Banks in line with its monetary policy. This Act has 124
Sections. I will not discuss all the sections rather discussing ins and outs of this act.

Power of the Bangladesh Bank to control the law making of advances:


1. Whenever the Bangladesh bank is satisfied that it is necessary in interest of the public to do so,
it may make the policy subject to advances to be taken by the bank companies in general or their
bank company related or by any bank company in particular and when the policy has been so
determined or the bank company concern shall be bound to follow the policy that it determined.
2. Without prejudice to the generality of the poser conferred by sub-section, the Bangladesh
Bank may make directions to bank companies in general or to any bank company in particular or
any particular group of bank companies which is compulsory followed in respect of the
underwritten matters(a) The credit ceiling to be furnished;
(b) The ratio to be cited between the total advances and small loans or other loans;
(c) The motive of which advances may or may not be drawn;
(d) The maximum limit of the advances may be given to Bank Company, special classes of banks
or companies or person or group of persons;
(e) The secured advances and the margin of requirement; and
(f) The rate of interest to be determined on advances.

3. If any bank company default to comply with any direction referred to a subject mentioned in
clause (a) and (b) of sub-section (2), the Bangladesh Bank may order that banking company to
deposit at the Bangladesh Bank such amount of money as the letter may be determined; and the
said banking company shall be liable to comply with such order on that conditions as the
Bangladesh Bank may determine.
Provided that the Bangladesh Bank may not pass any order to the said bank company to
deposit such amount as exceeding the amount in regard of that the said default has been created.

4. The amount which is deposited with Bangladesh Bank under subsection (3) or any portion
thereof may be remitted by it to the Bank Company either conditionally or unconditionally by an
order in black and white i.e. in writing.
Power of the Bangladesh Bank to give of directions:
1. Where the Bangladesh Bank is satisfied that:
(a) In the public interest, or
(b) Improvement of the monetary and banking policy, or
(c) Prevention the affairs of any Bank Company having conducted detrimental of the interest of
the depositors or in a manner prejudicial to the interest of the depositors or in a manner
prejudicial to the interest of the Bank Company, or
(d) To make sure the proper management of any bank company in general, or
(e) It is inevitable to issue directions to banking company in general or in particular, it may issue
such directions as it thinks fit and the Bank Company shall be bound to carry out such directions.
2. The Bangladesh Bank may cancel or modify any direction issued under sub-section (1) on
representation to it or its own motion. Such cancellation or modification may be subject to any
condition.
The future power and sanction of the Bangladesh Bank:
1. The Bangladesh Bank may:
(a) Caution or prohibit Bank Companies generally or any bank company in particular against
making into any particular transaction or class of transactions.
(b) Require bank companies in general or any bank company particularly to refrain from such
action as it may specify in relation to any matter in relation to the business of that bank
companies or bank company or to take such action in relation there to as the Bangladesh Bank
thinks proper.
(c) On request of the concerned bank company and subject to the provisions under section 76.
(d) During the inspection under section 44 or after ending such inspection, by order in writing
and such condition as may be specified therein(i) Require the bank company to invite a meeting with its directions with a view to considering
any matter or may direct any officer of it in order to discuss such matter with an officer of the
Bangladesh Bank;
(ii) Deputy any of its officers to observe the proceedings at any meeting of the board of
director of the bank company or of any committee or of any other body constituted by it and
require the bank company in order to give an opportunity to that officer to be heard as such
meetings, and require the officers to send a report at such meeting to the Bangladesh Bank.

(iii) Require the bank company to send to any officer specified by the Bangladesh Bank the
order communications in relation to any meeting of the board of directors of the bank company
or of any committee or of any other constituted by it;
(iv) Any of its officer for the purpose of observing the manner where the affairs of the bank
company or of its branches are being conducted.
(v) Within the specified period, require the bank company within such time as the Bangladesh
Bank may specify in the order, such changes in its management as the Bangladesh Bank may
bring under consideration as it thinks necessary in consequence of the state of affairs disposed on
during or after the inspection.
2. The Bangladesh Bank shall make an annual report to the government trending to progress of
banking in the country. In this report, it is suggested with a view to strengthening of banking
business throughout the country and the required steps to be taken in that behalf shall be stated.
The restrictions on purchase of shares of bank:
1. The share of Bank shall not be come under centralization of any person, company or the
members of the same family, on person, no company or member of the family either individually
or jointly or in both ways, shall buy more than ten percent (10%) of the share of a bank.
2. A buyer shall make an oath declaration at the time of buying shares of a bank that he is not
purchasing the share as nominee or in Benami of other person and he has never bought any share
in Benami share before.
3. If the subject matter of the submitted oath or declaration paper is proved, as false, the all the
share of concerning Bank shall be fortified to the Bangladesh Bank.
4. If anyone maintained in sub-section (1) holds more share than fixed in that sub-section
immediately before the coming into being of the Bank Companies Amdt. Act. 1995 (Act XXV of
1995), more shares than determined in this section, within one year of the coming in being of
that amendment, he shall sell such shall share to a person who is not the member of the said
company or family or to a company or institute who has not taken share in that company.
5. If additional share, which is mentioned in sub-section (4), is not sold within the limited and
time conditions that are mentioned therein. In this field, that additional share shall be vested with
the Government or any institution fixed by the Government, the Government of the said
institution shall pay the value or market value, which is less between the two.

6. Notwithstanding contained in this sub-section, it shall not be applicable to the Government.


Explanation- In this sub-section the said family consists of wife, husband, father, mother, sons
and daughters, brothers and sisters of any person and all those who are defendant on such person.
The restrictions of paying of Loan and Advances:
1. No Bank Company shall(a) Draw any loans or advances against the security of its own share; or
(b) Without security the person mentioned below draw any loan; or advances to any of the
following persons of institutions or draw any loan or advances in cases where those persons are
grantors: (i) Any of its directors; (ii) Any of the members of the family of any its directors; (iii)
Any commercial institution or private company in which the Bank Company or any of its
directors or any member of the family of any directors are interested as director proprietor of
partner;
(iv) Any public limited company which is at any means regulated by the company itself or any of
its directors or any member of the family of any of its directors or the shares of those are held by
any of the said persons to such an extent about giving it regulate of no less than 20% of the
voting rights.
2. No Bank Company under the following ground, draw loans or advances to any of the
following persons of institutions without the approving of the majority of the directors, having
the director concern- (a) To any of its directors; or (b) Persons, commercial institution or
company in which any of the directors of the said Bank company is willing to as partner, director
or guarantor.
Explanation- In this sub-section director means the directors wife, husband, father, mother,
son, daughter, brother, sister and other persons dependent on the Director.
3. Repealed.
4. The managing director of every bank company shall, before the close of the month succeeding
that to which the return relates, submit to the Bangladesh Bank a return in the form and manner
prescribed by rules, and in the same return the following particulars shall be mentioned- (a) All
loans and advances sanctioned by it to companies, private or public, in which the banking
company or any or its directors is concerned as director; and (b) All loans and advances
sanctioned by it to public companies in which the banking company or any of its directors is
concerned as managing agent or guarantor.

5. If on verifying of any return which is submitted under sub-section (4), it appears to the
Bangladesh Bank that any loans or advances referred in that sub-section have been granted to the
detriment of the interests of the depositors of the Bank company the Bangladesh Bank may by
order in writing for forbidding the Bank Company granting loans or advances or impose
restrictions on the granting of that loans and advances on the grant thereof as it thinks proper and
may be like pass an order directing the bank to secure the payment in advances of any such loans
or advances within such time as may be specified in the order.