Banks and Other Financial Institutions Act 2020

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Questions and Answers

What is the minimum fine for a bank that fails to comply with relevant provisions?

  • N2,000,000 (correct)
  • N3,000,000
  • N500,000
  • N1,000,000

Which of the following is NOT a condition that must be fulfilled before a bank can pay dividends on its shares?

  • A certain percentage of net profits must be transferred to the shareholders (correct)
  • Adequate provisions for contingent losses have been made
  • Capital ratio requirements are met
  • All preliminary expenses have been written off

What action must a manager or officer take if they have a personal interest in a loan or credit facility?

  • Declare the nature of the interest to the bank (correct)
  • Ignore the interest and proceed with the loan
  • Dissolve the interest before making the loan
  • Transfer the interest to another officer

What is the imprisonment term for a director or officer who fails to comply with the requirements stated?

<p>Three years (B)</p> Signup and view all the answers

What is one primary purpose of transferring net profits to the reserve fund?

<p>To ensure sufficiency for business purposes (D)</p> Signup and view all the answers

What must the applicant do upon receiving notification of a granted licence?

<p>Pay the prescribed licence fee (C)</p> Signup and view all the answers

What is the minimum penalty for a bank that contravenes the regulations regarding foreign banks without a physical presence?

<p>N20,000,000 (D)</p> Signup and view all the answers

In what way can the Bank use sums deposited in accordance with an application for a non-interest bank?

<p>Invest them in non-interest bearing securities (D)</p> Signup and view all the answers

What happens to the investment income if a licence is not granted after investment of a deposited sum?

<p>The income is treated as income of the licenced institution (A)</p> Signup and view all the answers

What can the Bank do regarding the conditions of a granted licence?

<p>Vary or revoke any conditions or impose new ones (C)</p> Signup and view all the answers

What is the consequence for a bank failing to comply with the conditions of its licence?

<p>It is liable to a penalty of not less than N20,000,000 (B)</p> Signup and view all the answers

What is the additional penalty for each day a bank continues to contravene regulations after the first penalty?

<p>N500,000 (C)</p> Signup and view all the answers

What can occur if a bank fails to comply with the minimum paid-up share capital requirement?

<p>Revocation of the bank's license. (A)</p> Signup and view all the answers

How are voting rights distributed among shareholders in a bank?

<p>Proportional to individual contributions to paid-up share capital. (D)</p> Signup and view all the answers

Under what condition can a suit be maintained against a registered holder of a share in a bank?

<p>If the holder is a minor or has a mental illness. (C)</p> Signup and view all the answers

What can the Governor do with the approval of the Board concerning bank licenses?

<p>Revoke the license if certain conditions are met. (A)</p> Signup and view all the answers

If a bank goes into liquidation, what is the status of its license?

<p>The license is automatically revoked. (C)</p> Signup and view all the answers

What does it indicate if a bank is critically undercapitalised?

<p>The capital adequacy ratio is below the prescribed minimum. (B)</p> Signup and view all the answers

What could be a reason for revocation of a bank's license?

<p>Conducting business in an unsound manner. (B)</p> Signup and view all the answers

What ensures that no suit can be maintained against a registered shareholder due to another individual's title?

<p>The inherent rights of registered shareholders. (C)</p> Signup and view all the answers

What action will result if a bank does not commence banking operations within 12 months after obtaining a license?

<p>The bank's license is revoked. (D)</p> Signup and view all the answers

What is the minimum penalty for a bank that fails to comply with provisions stated in subsection (4)?

<p>N5,000,000 (C)</p> Signup and view all the answers

Which of the following is included in the definition of specified liquid assets?

<p>Treasury bills (B)</p> Signup and view all the answers

What percentage of net profits must a bank transfer to its statutory reserve fund if it is less than its paid-up share capital?

<p>30% (B)</p> Signup and view all the answers

During a deficiency period, what must a bank obtain before granting increases in loans or credit facilities?

<p>Prior approval in writing from the Bank (B)</p> Signup and view all the answers

Which of the following is NOT considered a regulated liquid asset?

<p>Investment in real estate (B)</p> Signup and view all the answers

What is the required action if a bank's statutory reserve fund equals or exceeds its paid-up share capital?

<p>Transfer at least 15% of net profits (A)</p> Signup and view all the answers

What happens if a bank continues to contravene the provisions beyond the initial penalty?

<p>It incurs an additional penalty of N100,000 for each day of contravention (C)</p> Signup and view all the answers

What minimum percentage must a bank's holding of specified liquid assets be according to the requirements?

<p>Equal to or less than prescribed amounts (C)</p> Signup and view all the answers

Which of the following statements is correct regarding identifiable losses before transferring to the reserve fund?

<p>All identifiable losses must first be made good (C)</p> Signup and view all the answers

What may the bank require from a bank with a holding company?

<p>To calculate and maintain a minimum capital adequacy ratio on a consolidated basis (A)</p> Signup and view all the answers

What are some of the prohibitions the bank may impose on non-compliant banks?

<p>Accepting new deposits and paying cash dividends (C)</p> Signup and view all the answers

What powers does the bank have if a bank fails to comply with specified capital adequacy ratios?

<p>To impose additional holding actions or prohibitions (C)</p> Signup and view all the answers

What is required from banks in terms of liquid assets?

<p>To hold a minimum amount as prescribed by the central bank (A)</p> Signup and view all the answers

What may banks with a subsidiary be required to maintain?

<p>A minimum capital adequacy ratio on a consolidated basis (A)</p> Signup and view all the answers

What should a bank do if it fails to meet specified capital adequacy ratios?

<p>Prepare a capital reconstitution plan acceptable to the bank (C)</p> Signup and view all the answers

How are assets and liabilities due to other banks treated?

<p>They must be offset, and any surplus included or deducted (C)</p> Signup and view all the answers

What happens to long-term advances under certain conditions?

<p>They may be excluded from a bank's demand liabilities with approval (D)</p> Signup and view all the answers

Which activity may a bank be prohibited from if it fails to observe capital adequacy ratios?

<p>Advertising for or accepting new deposits (A)</p> Signup and view all the answers

What is the main focus of a capital adequacy ratio?

<p>Ensuring banks maintain sufficient capital to cover risks (B)</p> Signup and view all the answers

Flashcards

Licence fee

The fee a bank must pay to the Bank before they can operate in Nigeria.

Investment income

The return on investment that a bank receives after depositing funds for license application.

Varying Licence Conditions

The Bank can change the terms of a license granted to a bank.

Revoking Licence

The Bank can revoke the license of a bank if they break the terms of the license.

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Imposing New Conditions

The Bank can set new terms for a license even after it has been granted.

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Compliance with Licence Conditions

A bank in Nigeria must comply with all of the terms in their license.

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Bank's Power to Judge Compliance

The Bank can decide if a bank has met all the conditions of their license.

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Liability

A financial institution's obligation to repay a debt or fulfill a commitment, including potential future losses.

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Capital ratio requirement

The ratio of a bank's capital (equity) to its assets (loans, investments). This ratio is used to assess the bank's financial strength and risk tolerance.

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Credit facility

Any financial arrangement that allows a borrower to access funds, such as loans, overdrafts, or lines of credit.

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Declare

A formal statement revealing a manager or officer's personal interest in a loan or credit facility.

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Collateralisation

Assets used as security to reduce the risk of a loan default. This can include things like property or financial instruments.

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Minimum Paid-Up Share Capital Requirement

The minimum amount of capital that a bank must hold to operate, determined by the central bank. This helps ensure that banks are financially stable and can absorb potential losses.

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Liquidation

The process of a bank being shut down and its assets being distributed to creditors.

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Winding Up

The process of a bank ceasing to operate and its assets being distributed to creditors.

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Financial Stability

Actions or inactions that threaten the stability of the financial system, such as a bank failing, or a market crash.

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Banking Operations

The process of a newly licensed bank beginning its operations and offering banking services.

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Capital Adequacy Ratio

A measure of a bank's financial health, calculated as the ratio of its capital to its risk-weighted assets. This is used to assess a bank's ability to absorb potential losses.

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Revocation of a Bank's License

The central bank's authority to revoke a bank's license if the bank fails to meet regulatory requirements or engages in risky practices.

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Voting Rights of Shareholders

The right of shareholders to vote in proportion to the amount of capital they have invested in a bank.

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Critically Undercapitalized Bank

A bank that does not have enough capital to meet its obligations or to withstand potential losses is considered critically undercapitalized.

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Capital Adequacy

The ability of a bank to meet its financial obligations as they become due. It is measured by the capital adequacy ratio, which is calculated by dividing a bank's capital by its risk-weighted assets.

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Prescribed Capital Adequacy Ratio

The Bank of Nigeria can set specific capital requirements for banks based on their risk profiles and the overall health of the financial system. This allows for greater flexibility in regulating banks with varying levels of risk.

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Additional Capital Requirements

The central bank can require banks to maintain extra capital beyond the standard requirements when it determines a particular bank faces higher than usual risks (e.g., specific investments or lending practices).

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Consolidated Capital Adequacy Ratio

When a group of companies, including banks, are linked under a parent company, the Bank of Nigeria can require them to calculate their financial strength on a consolidated basis. Meaning that the parent company's capital is considered along with its subsidiaries' capital.

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Prohibitions for Non-Compliance

Actions that the Bank of Nigeria can take if a bank does not meet the prescribed capital adequacy ratios. These actions are designed to ensure financial stability and protect depositors.

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Capital Reconstitution Plan

A plan outlining how a bank intends to increase its capital to meet the prescribed ratios. It is created when a bank falls short of the required capital levels and needs to improve its financial position.

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Specified Liquid Assets

Specific types of assets that banks hold to ensure they have sufficient funds available to meet their obligations. These could include cash, government bonds, or other highly liquid instruments.

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Long-Term Advances

Loans that are due to be repaid over a long period, typically exceeding a year. These are considered less risky for banks because the repayment period is extended

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Offsetting Assets and Liabilities

A process where assets and liabilities owed between banks are offset. Essentially, if two banks owe each other money, the amounts are adjusted to simplify the calculation of specified liquid assets.

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Reserve Requirements

Banks are legally required to maintain a specified amount of liquid assets, reserves, and securities. This helps ensure the stability of the banking system and prevents excessive lending.

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Restricted lending during reserve deficiency

Banks are prohibited from increasing loans or credit facilities without prior approval from the Central Bank during periods when their required reserves fall below the prescribed level.

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Transparency of reserve management

Banks are required to provide information to the Central Bank to demonstrate that they are complying with reserve requirements.

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Statutory Reserve Fund

A mandatory fund that banks are obligated to build up overtime, contributing a percentage of their profits. This reserve helps strengthen the bank's financial position and protects against potential losses.

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Paid-Up Share Capital

The minimum amount of capital that a bank must have to be operational. It represents the owner's investment in the bank and serves as a buffer against losses.

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Licensed Bank

A bank licensed to operate in Nigeria.

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Maturity

The date when a debt, such as a bond or loan, is due to be repaid.

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Bank

A bank that is subject to the guidelines and regulations outlined in the Central Bank of Nigeria Act.

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Central Bank of Nigeria (CBN)

The government agency responsible for regulating and supervising the Nigerian banking industry.

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Study Notes

Federal Republic of Nigeria Official Gazette

  • Gazette number 183, dated November 17th, 2020, Volume 107
  • Government Notice number 163
  • Supplement published: Banks and Other Financial Institutions Act, 2020
  • Pages 651-734

Act Summary

  • The document is the Banks and Other Financial Institutions Act, 2020
  • It outlines the functions, powers, and duties of the Central Bank of Nigeria.
  • It covers the licensing and operation of banks in Nigeria.
  • This includes minimum share capital requirements, restructuring, and reorganisation of banks.
  • It further details the duties of banks, including maintaining reserve funds, dividend restriction, and disclosure by directors, managers, and officers.
  • It covers the issue of banking crisis resolution and related tools.
  • It discusses specialised banks and other financial institutions, regulations, and resolution tools.
  • It includes provisions on banking sector resolution fund, contributions, and levies.
  • The act also includes a special tribunal for the enforcement and recovery of loans.
  • It contains provisions for the proper operation of books, accounts, and records of banks.
  • It defines the conditions for granting banking licences.
  • It specifies offenses and penalties for misconduct, breach of regulations, and lack of compliance with the Act.
  • It outlines the jurisdiction of the Federal High Court.

Financial Information

  • Annual subscription for the Gazette: Local - ₦45,000; Overseas - ₦60,500 (Surface Mail), ₦75,000 (Air Mail)
  • Price per issue: ₦3,000

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