At least once in life everyone thinks about moving. Either to a bigger home if the family is growing; or to a smaller one, if the kids are leaving and the actual home is going to be too big for you. Whatever your reason may be, selling a house is always an opportunity.
Home loans, if well used may help you to make a good deal from your property’s sell. There are many suitable options, depending on your situation and what you are looking for. Even with bad credit, and also if you are still repaying your home mortgage.
Types Of Home Loans
There are many options to be evaluated within home loans, you should start evaluating first what is that you want to do. If you want to switch to a bigger home, to a smaller one, and how would you like to invest the extra benefit obtained from the selling, if any.
There are two important home loan categories that you should look at when thinking about moving. Those are, home purchasing loans and home improvement loans.
Home improvement loans point to, as their name says, improve your current home. Either if there are any reparations to be done, or if you would like to make your home look better before selling it, these kinds of loans may be a good help. If you do the right modifications, your home value could be increased by the time you find a buyer. Financial companies will also approve loans for landscape improvements, such as constructing a swimming pool, if that is favorable to increase the property’s value.
Home purchasing loans, in the other hand, are meant to help you on your new home’s purchasing.
Different Options
You will find a wide range of loans within both, home improvement and home purchasing loans.
Home purchasing loans will vary according to what do you intend to do. In example, if you had purchased your actual home whit a home loan which you are still repaying, and the home you are willing to move to will also need extra finance, you could get a home conversion loan. These kinds of loans, place your actual loan into the new home, including the extra amount you need. If you do not have any previous home loan, you can have a mortgage loan or a home equity loan, just over the extra amount you need to buy your new home.
You will also find many options on home improvement loans, the most common are unsecured personal loans for home improvements, home mortgage refinancing, first mortgage loans and second loans.
Unsecured personal loans may be a little more expensive than secured loans since they represent more risk for the lender, but you will not need to have equity in your property or any other collateral to apply. Credit score may be a limitation for the borrowed amount, but you are still eligible even if you have bad credit.
Home mortgage refinancing and first mortgage loans, are good options to evaluate if you have purchased your home with a mortgage loan. First mortgage loans are offered by your current lender, to finance your home improvements over your existent mortgage. With home mortgage refinancing your actual mortgage loan will be refinanced. You will not be borrowing more money, but refinancing will lower your home mortgage monthly payments leaving you extra money to invest on improving your home.
Second loans are suitable if you have an equity in your property to justify the loan.
All these options, if well used may help you to obtain the best of your property’s sell. Try to search and compare as many lenders as you can before you decide to apply for any loan.

Industry Shake-up
In December 2003 Mzwimbi went on a well deserved family vacation to the United States, satisfied with the progress and confident that his sprawling empire was on a solid footing. However a call from a business magnate in January 2004 alerted him to what was termed a looming shake- up in the financial services sector. It appears that the incoming governor had confided in a few close colleagues and acquaintances about his plans. This confirmed to Mzwimbi the fears that were arising as RBZ refused to accommodate banks which had liquidity challenges.
The last two months of 2003 saw interest rates soar close to 900% p.a., with the RBZ watching helplessly. The RBZ had the tools and capacity to control these rates but nothing was done to ease the situation. This hiking of interest rates wiped out nearly all the bank’s income made within the year. Bankers normally rely on treasury bills (TBs) since they are easily tradable. Their yield had been good until the interest rates skyrocketed. Consequently bankers were now borrowing at higher interest rates than the treasury bills could cover. Bankers were put in the uncomfortable position of borrowing expensive money and on-lending it cheaply. An example at Royal Bank was an entrepreneur who borrowed $120 million in December 2003, which by March 2004 had ballooned to $500 million due to the excessive rates. Although the cost of funds was now at 900% p.a., Royal Bank had just increased its interest rates to only 400% p.a, meaning that it was funding the client’s shortfall. However this client could not pay it and just returned the $120 million and demonstrated that he had no capacity to pay back the $400 million interest charge. Most bankers accepted this anomaly because they thought it was a temporary dysfunction perpetuated by the inability of an acting governor to make bold decisions. Bankers believed that once a substantive governor was sworn in he would control the interest rates. Much to their dismay, on assuming the governorship Dr. Gono left the rates untamed and hence the situation worsened. This scenario continued up to August 2004, causing considerable strain on entrepreneurial bankers.
On reflection, some bankers feel that the central bank deliberately hiked the interest rates, as this would allow it to restructure the financial services sector. They argue that during the cash crisis of the last half of 2003, bank CEOs would meet often with the RBZ in an effort to find solutions to the crisis. Retrospectively they claim that there is evidence indicating that the current governor though not appointed yet was already in control of the RBZ operations during that time period and was thus responsible for the untenable interest rate regime.
In January 2004, after his vacation, Mzwimbi was informed by the RBZ that Royal had been accommodated for $2 billion on the 28th of December 2003. The Central Bank wanted to know whether this accommodation should be formalized and placed into the newly created Troubled Bank Fund. However, this was expensive money both in terms of the interest rates and also in terms of the conditions and terms of the loan. At Trust Bank, access to this facility had already given the Central Bank the right to force out the top executives, restructure the Board and virtually take over the management of the bank.
Royal Bank turned down the offer and used deposits to pay off the money. However the interest rates did not come down.
During the first quarter of 2004 Trust Bank, Barbican bank and Inter-market Bank were identified as distressed and put under severe corrective orders by the Central Bank.
Royal Assault
Royal Bank remained stable until March 2004. People who had their funds locked up in Inter-market Bank withdrew huge sums of funds from Royal Bank while others were moving to foreign owned banks as the perception created by Central Bank was read by the market to mean that entrepreneurial bankers were fraudsters.
Others withdrew their money on the basis that if financial behemoths like Intermarket can sink, then it could happen to any other indigenous controlled bank. Royal Bank had an advantage that in the smaller towns it was the only bank, so people had no choice. However even in this scenario there were no stable deposits as people kept their funds moving to avoid being caught unawares. For example in one week Royal Bank had withdrawals of over $40 billion but weathered the storm without recourse to Central Bank accommodation.
At this time, newspaper reports indicating some leakage of confidential information started appearing. When confronted, one public paper reporter confided that the information was being supplied to them by the Central Bank. These reports were aimed at causing panic withdrawals and hence exposing banks to depositor flight.
Statutory Reserves
In March 2004, at the point of significant vulnerability, Royal Bank received a letter from RBZ cancelling the exemption from statutory reserve requirements. Statutory reserves are funds, (making up a certain percentage of their total deposits), banks are required to deposit with the Central Bank, at no interest.
When Royal Bank began operations, Mzwimbi applied to the Central Bank – then under Dr Tsumba, for foreign currency to pay for supplies, software and technology infrastructure. No foreign currency could be availed but instead Royal Bank was exempted from paying statutory reserves for one year, thus releasing funds which Royal could use to acquire foreign currency and purchase the needed resources. This was a normal procedure and practice of the Central Bank, which had been made available to other banking institutions as well. This would also enhance the bank’s liquidity position.
Even investors are sometimes offered tax exemptions to encourage and promote investments in any industry. This exemption was delayed due to bungling in the Banking Supervision and Surveillance Department of the RBZ and was thus only implemented a year later, consequently it would run from May 2003 until May 2004. The premature cancellation of this exemption caught Royal Bank by surprise as its cash flow projections had been based on these commencing in May 2004.
When the RBZ insisted, Royal Bank calculated the statutory reserves and noted that, due to a decline in its deposits, it was not eligible for the payment of statutory reserves at that time. When the bank submitted its returns with zero statutory reserves, the Central Bank claimed that the bank was now due for the whole statutory reserve since inception. In effect this was not being treated as a statutory reserve exemption but more as a penalty for evading statutory reserves. Royal Bank appealed. There were conflicting opinions between the Bank Supervision and Capital Markets divisions on the issue as Bank Supervision conceded to the validity of Royal’s position. However Capital Markets insisted that it had instructions from the top to recall the full amount of $23 billion. This was forced onto Royal Bank and transferred without consent to the Troubled Banks Fund at exorbitant rates of 450% p. a.
FML Saga
When FML was demutualising, the executives were concerned about the possibility of being swallowed by its huge strategic partner, Trust Holdings. FML approached Royal Bank and other banks to act as buffers. The agreement was that FML would fund the deal by placing funds with Royal Bank so that Royal would not fund it from its balance sheet.
Consequently FML would leave the deposits with Royal Bank for the tenor of the loan. The deal was consummated through Regal Asset Managers and was to mature in December 2004, at which time it was anticipated that the share price of First Mutual would have blossomed, allowing Royal Bank to harvest its investment and exit profitably. The deal resulted in Regal Asset Managers owning 57 million FML shares. Royal Bank gave FML some securities in the form of treasury bills as collateral for the deposit.
The Reserve Bank and the curator wrote off this investment because at that time FML was suspended at the ZSE. However the fact that it was suspended did not invalidate its value. Recent events have shown that this investment has generated huge capital value for Regal Asset Managers as the ZSE rebounded. Yet the curator valued this investment negatively. Around March 2004 there had been a contagion effect at FML due to the challenges at Trust Bank. This resulted in the forced departure of the FML CEO and chairman. FML was suspended from the local bourse as investigations into the financing structure of Capital Alliance’s acquisition were carried out. Because of the pressure brought to bear on FML, it wanted to withdraw the deposits held by Royal Bank, contrary to the agreement. FML could not locate and return the treasury bills that had been provided as collateral by Royal. Royal Bank suspected that these had been placed with ENG, another asset management company which collapsed in December 2003. A public row broke out. Royal Bank executives sought counsel from Renaissance Merchant Bank, which had brokered the deal, and the Chairman of the ZSE, who both agreed with Royal that the deal was legitimate and FML had to honour the agreement. At this stage FML sought court intervention in an attempt to force Royal Bank into liquidation. Even the curator contested the FML position resulting in his taking it for arbitration. Royal’s position remained that if FML fails to return the securities then it will not get the funds.
Royal bank directors claimed political interference on the issue. The Royal Bank executives believe that the governor, against his better judgment, decided to act against Royal Bank under the pretext of the political pressure. In retrospect, the political support for cracking the whip at Royal gave credence to the rumour that the governor had an underlying agenda in taking Royal and merging it into ZABG because of its strong branch network.
Royal Bank had been warned by friendly RBZ insiders that if it ever accessed the Troubled Bank Fund it would be in trouble, so it sought to avoid this at all costs.
However on 4th August 2004, Royal was served with papers that effectively placed it under the curator. Interestingly, the curator’s contract was signed two days earlier. Until this time no depositor had ever failed to withdraw his deposits from Royal Bank.
The lack of credibility of the Reserve Bank in handling this case is exposed when one considers that some banks were given more than eight months to stabilize under curators, e.g. Intermarket and CFX Banks, and were able to recover. But Royal and Trust Bank were under the curator for less than two months before being amalgamated. The press raised concerns about the curators assuming the role of undertaker rather than nurse, and hence burying these banks.This seemed to confirm the possibility of a hidden agenda on the part of the Central Bank.
Victor Chando
Chando was an excellent financial engineer who set up Victory Financial Services after a stint with MBCA. He had been the brains behind the setting up of the predecessor of Century Discount House which he later sold to Century Holdings. Royal Bank initially had an interest in discount houses and so at inception had included Victor as a significant shareholder. He later acquired Barnfords Securities which Royal intended to bring in-house.
Victory Financial Services was involved in foreign currency dealings, using offshore companies that bought free funds from Zimbabweans abroad and purchased raw materials for Zimbabwean corporations. One such deal with National Foods went sour and the MD reported it to the Central Bank. On investigations the deal was found to be clean but the RBZ went ahead to publish that he was involved in illegal foreign currency transactions and linked this to Royal Bank. However this was a transaction done by a shareholder as an account holder, in which the bank had no interest. What confused matters, was that Victory Financial Services was housed in the same building as Royal Bank.
After failing to nail Chando to any criminal charges, the Central Bank issued an order for Royal Bank to force him out as a shareholder and board member. It is ridiculous that the Central Bank would vet who is a shareholder or not in banks – particularly when the people had no criminal records.
Negotiations with OPEC were underway for it to take over Chando’s shareholding. The Reserve Bank was aware of these developments. OPEC would then help in the recapitalization as well as open up lines of credit for the bank.
The Arrest
In September 2004 the executive directors of Royal Bank, Mzwimbi and Durajadi, were arrested on five allegations of fraudulently prejudicing the bank. One of the charges was that they fraudulently used depositors’ funds to recapitalize the bank.
Three of the charges after police investigations were dropped, as they were not true. The two remaining charges were:
a) a conflict of interest on loans that were made available to the directors. The RBZ alleges that they did not disclose their interests when companies controlled by them accessed loans at concessionary rates from the bank. However the enterprising bankers dispute these charges, as they claim the Board minutes prove that this interest was disclosed. Even the annual financial statements of the bank acknowledge that they accessed loans as part of their employment contract with the bank.
b) money was owed to Finsreal Asset Management. However Mzwimbi argues that Finsreal actually owes them money and not the other way round. Royal Bank shareholders needed to inject money for recapitalization of the bank and were requested to deposit their funds with Finsreal Asset Management. Since some had not paid their portion of the recapitalization by the due date, Royal Financial Holdings, which had an account with Finsreal, paid the money on behalf of the shareholders – who were then indebted to Royal Financial Holdings. Somehow the RBZ confused this transaction as the bank’s funds and therefore accused the
shareholders of using depositors’ funds to recapitalize.
By retrospectively analyzing the court case wherein the Royal Bank executive directors are accused of defrauding the bank it appears that the RBZ created a falsehood in order to frustrate the bankers. The curator who initially refused to take a stand before the RBZ appointed Independent Appeal, has in court clearly testified that no monies were stolen from the bank by the directors and that the curator did not (contrary to RBZ assertions) recommend charges against the bankers. In January 2007 the former executive directors of Royal Bank were acquitted by the High Court on the remaining criminal charges after the prosecution failed to present a convincing argument.
Royal Bank assets were sold by the curator to ZABG barely two months after being placed under the curator, without any audited financial statements. The speed at which an agreement of sale was reached is astonishing. The owners of Royal Bank went to court and, after a protracted legal struggle, the court ruled that the assets were sold illegally and hence the sale was “illegal and of no force or effect and therefore null and void”. The court then directed that the owners should appeal to the Central Bank for a determination of the actions of the curators. The Central Bank begrudgingly set up an “independent panel” to adjudicate the case. Strangely ZABG continued to trade on the illegal assets.
The panel advised that the appeal by Royal bank be rejected as it would be difficult to disentangle it from ZABG. They also cited the fact that ZABG had some contractual obligations with third parties who may not want to do business with Royal bank. This strange ruling fails to explain why these considerations were not made when the amalgamation was done. The ruling also redefined the agreements between the curator of Royal bank and ZABG as not being an “agreement of sale” even though the parties which entered into the agreement clearly intended it to be viewed as such. This was a way of circumventing the Supreme Court ruling that the agreement of sale was null and void.
But the panel did not explain how this disposal of the assets should be considered if it was not a sale.
Consequently the major shareholders of Royal appealed to the Minister of Finance who upheld the RBZ decision. Mzwimbi and his colleagues have therefore appealed to the courts. In the meanwhile there was a failed attempt to sell the disputed assets by ZABG despite the outstanding legal challenge. Just ice delayed is justice denied.
Mzwimbi and his team have been denied access to all bank records and yet are expected to defend themselves. As he characteristically puts it, “We are going into this fight blind folded and our hands bound, while fighting someone who has armour and a sword.”

There are many taxpayers who have found themselves on the wrong side of the IRS because they used the services of unscrupulous tax preparers. There are also others who have had their refunds embezzled by preparers. It is therefore, important that you research a tax preparer before signing up for his or her services. Below are some tips that will help you spot a crooked preparer:

From different surveys, it is seen that the number of customers taking payday loan as well as payday lending companies are increasing frequently. If you are a person taking the payday loan for the first time or want to gather information regarding payday loan, then this article will be of great help to you.
Definition of payday loan:-
Payday loan is a very short term loan. Usually the term is 1-2 weeks. There are other names of payday loan like – “Cash Advance”, “Paycheck loan”, “Check loans”, and “Payroll advance loans”. After you get your paycheck, the loan is to be repaid. If you can not repay the loan amount plus lender’s charges for payday loan on your payday, you can rollover the loan amount by paying extra fees to the lender plus you have to pay the interest along with for the rollover period. So, payday loan can be termed a “Loan Sharking”.
Necessity of payday loan:-
By the end of the month, you may face some problems in maintaining some urgent family expenses like paying off your Medical Bills, Phone Bills, and Electric Bills, House Rent or some other utility bills. These things usually happen when you fail to maintain a proper budget at the time of getting your paychecks or not keeping your expenses up to your income limit. Hence in order to meet such urgent expenses you need a payday loan.
Payday loan companies:-
There are so many companies who are promoting check cashing facilities online. Besides some banks and other financial institutions also provides you with a payday loan. You can apply online for a payday loan or you can visit physically to an institution to avail a payday loan.
Conditions to be satisfied to get an instant payday loan:-
The criteria of different payday loan companies are-
1. You must have a job or there should be a regular source of income.
2. You should have a Checking A/c in a bank.
3. You should be an US citizen.
4. You should be at least 18 years of age.
5. Your monthly income should be at least $1000 Per Month.
Best application time of payday loan:-
If you apply for the loan from Monday to Thursday, you will get the loan on the next working day, i.e. Tuesday to Friday. If you apply for the loan on Friday, then you will get the loan on the next Monday, and if you apply on Saturday or Sunday, you will get the loan on Tuesday.
So the best time to apply for the loan is Monday to Thursday.
When will you get the money?
As the process is very simple to get the loan amount, in general you will get your loan amount within 24 hours of application. Company will check your documents and verify your data with an automated system named as VPN Based software, and then approve your loan. The entire process of verification of your identity and depositing the money to your Checking A/c takes 24 hours of time. There are some companies who will deposit the loan amount in less than 24 hours.
Costs of payday loan:-
Usually a payday loan company charges 15 to 30 USD per $100 borrowed. So, if you borrow $100, you will have to pay 115 to 130 USD on the very next payday. The APR of payday loan cash advance interest boosts up to 391%.
Maximum limit of payday loan:-
If you are taking a payday loan for the first time, you may get up to $500 for the first time. After you repay back your first loan amount in time, you can avail more than $500 when you revisit the company for another payday loan.
Think before taking a payday loan:-
1. You should keep in mind the APR factor of the loan before taking it. You should find the company which is charging a lower APR than its competitors.
2. You should take care about the privacy of your document and information. So, if the tendency of the company is to process applicant’s information in an encrypted page, you should think that your information will not be licked out, and then you can proceed on.
3. You should read the company policy and legal matters complied with before submitting an application form to them.
Repayment of payday loan:-
The lender company will take the money off from your checking A/c on the date of your payday. You should be ready and aware about your payday and the amount to be repaid. If you fail to repay the loan on the scheduled date then you may have to ask the lender to rollover your loan amount.
Alternatives to payday loan:-
1. In order to avoid taking such high interest loan like payday loan cash advance, you should make an appropriate budget which is according to your income.
2. You may also save certain amount of money from your paycheck every time you get it.
3. Before taking a payday loan cash advance, you should be looking for a loan from a friend or relative as they will not take any interest for lending the money to you. Another thing is also involved here that if you not be able to repay the money in future, you may not have to run away from your creditors.

Banks manage financial assets and the success of that management is dependent on the capabilities of the persons who manage those assets.
Therefore growth in this sector is dependent on effective management and leadership capacity and dominance in retail services is directly related to the expansion of the branch network through which the bank’s retail products and services are distributed.
The central departments or bank headquarters form the nerve center of the bank by providing direction, developing new products and services, handling high value investments, treasury management and credit activities. However, it is through the network of bank branches that the retail services developed by the central marketing function are distributed. The network of branches acts like the five senses as well as the arms and the legs of the body by sending critical information from the field to the central departments and executing the corporate strategy by successfully linking the needs of the public to the products and services developed to meet those needs.
The quality and the quantity of that exchange between the branches and the central departments have a great impact on the ability of the bank to leverage its products and services in the market. Simply put, the branches are the points of sales for all the retail products and services developed by the bank. Even though sophisticated, high-value products and services are facilitated by the central departments concerned, the ‘retail services’ are the ‘Cash Cow’. A bank’s ability to expand its branch network through which its products and services are distributed is therefore critical to its growth and profitability.
The question arises – “What is that growth dependent on? And the answer is – “It is dependent on the human capabilities available in the form of individuals who have the skills, the knowledge, the experience and the personality to successfully manage newly established branches. Herein lies one of the major challenges faced by many banks: Their need and their readiness to open new branches both in the home country and abroad is frustrated by the scarcity of individuals who are genuinely capable of successfully launching a new branch or ‘turning-around’ an existing branch.
The purpose of this article is to explore some of the reasons for the scarcity and to suggest some things that can be done about it the in the short term and in the longer term.
8 Challenges and 8 Possible Solutions
Challenge 1: There is no training and development program designed specifically to prepare individuals to move from ‘competent employee’ to ‘competent branch manager’ with the requisite leadership skills.
Solution: Identify individuals with leadership potential as early as possible in their careers through various activities and through multiple sources and methods. For example, if ‘leadership’ is identified as one of the core competencies of the bank and it is fully integrated into the appraisal system at all levels, there will be regular feedback through the performance appraisal system. This feedback can be further validated through regular Assessment and Development Centers designed to identify talent in various areas. Once identified, a clear career path should be presented to these individuals and a systematic development program applied to ensure that we not only identify capable individuals but that we retain them. A clear career path with well defined requirements for moving from one position to another contributes very strongly towards the retention of ambitions and talented leaders. When linked to ‘Succession Planning’ there will also be a timeline that ensures adequate preparation for successors and minimal disruption of work due to sudden departures.
Challenge 2: The competition for talented individuals who have the potential to lead is very high because the demand far exceeds the supply. This increases cost because salary levels have to be raised in order to attract and hopefully keep the best talent.
Solution: Recognize that intelligent and talented individuals are looking for something more than just the salary. So make your bank one that attracts the kind of people you want. Intelligent individuals with leadership capability are looking for a credible organization where they can grow and where they are given the opportunity to contribute as well as enjoy the fun and challenge of working in that place.
Challenge 3: The type of person who is good at managing the branch operations and attending to all the administrative details may not necessarily be good at leading and managing a bank branch from a commercial perspective. Therefore the assumption that it is possible to promote the operations manager to branch manager and then bring someone up from the ranks to handle operations is simply not valid.
Solution: Recognize that ‘Work Preferences’ are an even more powerful predictor of job satisfaction and productivity than academic qualifications and experience. ‘Work Preferences’ must be measured, understood and built into career management and staff retention programs. A person who is good at one thing may not necessarily be good at another. The ‘Work Preferences’ that make a good operations manager are the exact opposite of those that make a good branch manager. When Operations Manager and Branch Manager positions are filled with individuals whose ‘Work Preferences’ are congruent with their skills and their roles it leads to complementary. This increases to a high degree the potential for a great performance. Therefore ‘Work Preferences’ should be factored into the recruitment, selection, career planning, talent management, and succession planning and retention programs of the bank.
Challenge 4: The ‘Critical Success Factors’ for the position of Branch Managers need to be redefined so they reflect current market realities. The branch manager certainly needs to have a solid foundation in the banking know-how that brings the highest revenues to the bank – Credit and Trade Finance. There are far too many branch managers that are not really able to discuss business affairs with their more sophisticated clients in a satisfactory manner. Moreover, many are also unable to adequately coach their staff on the effective preparation of credit files or trade finance documentation and credit.
Solution: Develop a rigorous testing and evaluation system in these areas and use it as a pre-requisite for promotion to the position of Branch Manager. In other words, if candidates for promotion to the position of Branch Manager are unable to pass a knowledge test and a practical skills assessment, they will have to develop their abilities and pass the tests and assessments in these areas before their promotion can go through.
This will contribute to building a sense of professionalism in the sector.
Challenge 5: There is little or no emphasis on the essential ‘soft skills’ for branch management. This includes the effective management of people – inspiring, motivating, developing and challenging them to get the best results. The soft skills are underrated in comparison with banking techniques, whereas they are equally important. Here there are a wide range of skills that are vital to success; the least of which are customer relationship management that goes beyond dinners and lunches or funerals and weddings. Business Ethics is another critical area that must receive attention in light of the recent global economic crisis.
Solution: Develop a set of corporate values and a clear set of interpersonal and managerial competencies that are ingrained into the psyche of every employee through an ongoing coaching and mentoring program. Train and develop your managers so that coaching and mentoring is part and parcel of their daily routine. As they communicate these values and build the competencies into daily behavior, they will contribute to the creation of a new corporate culture where those who do not fit will move out and those who do will move up. This will increase the supply of better qualified candidates for leadership and managerial positions.
Challenge 6: Many think of the Branch Manager as a Public Relations Officer or a Liaison Officer facilitating the exchange of documents and information between the central departments and the branch. In fact many banks have designed the job of the branch manager so that he or she is no more than an informed ‘button clicker’ authorizing transactions through the bank’s operating system. Certainly the ‘control’ function is a very important one and one that cannot be relinquished. However, it has to be considered in light of the role of the branch manager and the optimal utilization of capacity.
Solution: Answer the question of what exactly is the role of the branch manager and what is the most valuable contribution that such a manager should be making. Unless this question is discussed in depth and in light of the future strategy of the bank the role of the branch manager will remain vague and will by necessity be defined by the personal preferences of the individual occupying that position. Those who like dealing with people will become Public Relations Officers, those who like dealing with things and with numbers will become Controllers, those who like ‘challenges’ will become Demanding Bosses. Each role has its merit but the bank needs to decide which role it wants to emphasize and to select its managers accordingly. The important thing is that the decision must be aligned with the banks corporate strategy for growth and expansion.
Challenge 7: From the branch manager’s perspective the question always arises: “Do I have any real power or authority within this centrally controlled structure?” There is no doubt that there are those who will take charge and confidently communicate with the central departments and get the support they need and there will be those who perceive themselves as waiting for orders and are therefore not really responsible in the final reckoning.
Solution: This relationship needs to be considered and clearly defined including the identification of the inevitable ‘grey areas’. Some individuals will be able to rise to the occasion but are waiting to be invited or to be told that they do have permission of the ‘powers that be’ to interact assertively and openly with the Central Departments. They are on the same side.
Challenge 8: Branch Managers also ask: “Where do I go from here? What is my future? Do I remain a Branch Manager for the rest of my life?”
Solution: The answers to these questions are critical to attracting suitable candidates for the position. This is also linked to the role we want our branch managers to play. Are we looking for ambitious entrepreneurs with a solid ethical grounding who are prepared to go after promising opportunities? Or are we looking for ‘button clickers’ who will scrutinize the details, follow the rules and religiously adhere to procedures? Or are we looking for someone who enjoys being a Public Relations officer and gets along really well with people but lacks the solid banking knowledge that will yield high returns from these customer relationships?
This is an important decision as it will determine who you get to fill the position. If you don’t want to settle for taking the first ‘okay’ candidate, a decision must be taken.
Looking at these Human Capital challenges and solutions leads us to propose two main courses of action. One is to make the most of the current situation and the other is to be better prepared for the future. Below are the details on both approaches.
Short Term Human Capital Investment:Take advantage of the current crisis to recruit the talent you really want and to build a pool from which to choose in the future. In the Harvard Business Review you will find steps of consideration to ensure that when you do hire, you hire the right person, at the right time, with the right skills to ensure that when you need specific outcomes, your people are able to deliver.
Hiring Top Executives: A Comprehensive End-to-End Process
1. Anticipate the Need

• Conducting ongoing, proactive analysis of future needs.
• Continually evaluating the pool of potential talent.
• Developing rigorous periodic forecasts of the company’s talent needs.

 
2. Specify the Job
 

• Defining the specific demands of the job.
• Specifying which skills and experience are relevant.
• Identifying the team the candidate will need to work with or recruit.

3. Develop the Pool

• Developing a large pool.
• Including insiders, outsiders, inside­rs, outsiders, and outside-insiders.
• Considering people on the periphery of the organization (employees in remote offices, consultants, suppliers, customers).
• Tapping your networks and involving the right external partners.
• Asking candidates’ peers for nominations.

4. Assess the Candidates

• Using a small number of high-caliber, well-trained, properly motivated interviewers.
• Employing rigorous behavioral event interviews.
• Conducting detailed reference checks.
• Including top stakeholders in candidate assessment.

5. Close the Deal

• Demonstrating active support for the candidate’s interests.
• Describing the job realistically.
• Involving the hiring manager personally, not just HR, in closing the deal.
• Ensuring that compensation is fair to other employees.
• Involving C-level for top positions.

6. Integrate the Newcomer

• Using veteran top performers as mentors.
• Making sure the newcomer checks in regularly with boss, mentor, and HR even when no problems have arisen.

7. Audit and Review

• Removing bad hires within the first year.
• Regularly reviewing recruiting practices.
• Identifying and rewarding excellent interviewers.
• Holding all assessors accountable for the quality of their evaluations.

Source: Fernandez-Araoz, C, Groysberg, B and Nohria, N 2009, ‘The Definitive Guide to Recruiting in Good Times and Bad’, Business Harvard Review, vol. 87, no. 5, pp.79.
Long Term Human Capital Investment:
Identify, develop and retain top talent by using a number of structured and unstructured innovations in ‘Talent Management.’
Build Your Own Talent Pool
Forward-looking Banks today realize that what limits their ability to expand and develop retail operations is the availability of qualified managers to head new branches. The absence of an effective second or third line management layer within a bank means that the bank will face a succession crisis if there isn’t a swift and effective response to this reality.
The challenge is how to make sure that the right persons have been selected and that the path of their development and training will be one that properly prepares them to carry the bank into the 21st century. More importantly, will these individuals be ready to respond to the impact of the political, legal / regulatory, environmental and social changes in the world and in the region? Will they be prepared to handle the reality of borderless financial markets and the ever-increasing pace of technology driven change?
There is no doubt that banks already have or are actively recruiting high potential individuals to lead their banks into the future. The problem, however, is how to accurately identify and accelerate the development of these high potential people so that they can get to where you need them to be in 1 or 2 years instead of five or ten. The second challenge is how to retain them.
These are the challenges that this Bank Branch Manager Accreditation program addresses.
CRITICAL PROGRAM SUCCESS FACTORS
This is an ambitious program and dictates that we proceed with full awareness of the necessary conditions to ensure success.

1. Full support and or commitment from top management.
2. Selection on merit and competence so that the investment is made in the right people and the program is perceived as credible.
3. Selection on merit and competence so that the investment is made in the right people and the program is perceived as credible.
4. Address the expectations of all stakeholders to prevent misconceptions regarding the outcomes of the program.
5. Develop a supportive succession and retention plan for those in the program and those directly impacted by them.
6. Set a realistic budget for this project and demonstrate the high return on investment.
7. Give the program the optimal time for successful implementation.

OBJECTIVES
The main purpose of this program is to prepare successful individuals to fit smoothly into the role of future Branch Manager of fast-growing banks that have a regional and or international client base. This will involve a number of subordinate objectives:

1. Train and develop future Bank Branch Managers quickly, effectively and economically.
2. Use techniques that will bring out the best in your staff and help you decide, without a doubt, where each one will perform best.
3. Ensure that the development program is totally targeted to your bank’s culture and business strategy.
4. Identify those who can deal with high change and high stress business environments.
5. Differentiate the true team players from those who do better alone.
6. Change your corporate culture to reflect the values and competencies that are vital to the future success and sustainability of your business.
7. Provide real management experience at low risk to you and your staff.
8. Involve more than one group in the change process to ensure maximum ‘buy-in’ or ownership of the development process.
9. Increase the supply of qualified candidates and so reduce the risk of poaching by competitors.

The more we know of human nature and the workings of the human brain, the more we realize that the story of our lives is written in every cell of our body and shaped by every significant relationship. The importance of getting the right people in the right place and the right group of people working together cannot be overestimated. The right outcomes will seem to come as if by magic.

This is a critical time for CNBC Fast Money with initial tests being conducted. It was noted that the CNBC rating has plummeted in the past years as cynical stock traders tried to escape the slowly crumbling industry. However, CNBC executives believe that the market is reviving to its old glory, even with the verge of new competition. How can we say that this US financial investing TV programis profitable?
Even though CNBC ratings might have been suffering from negatives, the network is still in high-revenue tier. Take note of its pretax income of about $ 270 million. With the US reserves and economic monitoring will continue to be the meat of financial talk shows, which is really the nature of the network’s plan to entice its viewers. However, this financial TV program is seen to be more appealing to a more natural type of consumerists or those traders who doesn’t give so much fuss about the weak points but just want to try venturing out with stocks and try to be rich. Is stock-picking important to CNBC?
The answer is yes. The kind of stock-picking in CNBC Fast Money is quite sensitive. In the past trading years in 1990s, CNBC received criticisms for including too many members in the panel who sometimes crazily peddling on stocks even without careful analysis. But CNBC defended that they had found a way to offer new responsible programs. However, the primary idea of the show will still revolve around turning money in the shortest period of time. What are expected changes in CNBC Fast Money?
Since news and analysis on financial trends have turned into measly commodity of the financial world, the network has to consider presenting news and financial information in the most innovative way without compromising responsible programming. The executive producers also want to include cultural relevancy on the program by providing access to the viewers and teaching them how to use such information for their stock trading. How could this happen?
Perhaps the secret of CNBC Fast Money is to widen its appeal without compromising its reputation among its advertisers. The network targets Class A and B market to maintain its standing as a major player in the business world. Fast Money TV program is indeed a primary network asset of CNBC. However, programming is in constant change with new ideas cropping up to develop the program and to implement changes. Talk shows and late night shows could be a challenge yet Fast Money is still a major TV phenomenon.

Income tax preparation is an important aspect of everybody’s life. Each April 15th, United States citizens scramble to get their tax return preparation completed in time for the deadline. In order to make income tax preparation easier, there are many tools available to help make the process smoother. Free income tax preparation and online income tax preparation are methods that are readily available to help make tax season a bit easier.
Free income tax preparation is often available as an incentive for refund anticipation loans. A tax specialist will analyze your finances and prepare your taxes. If it is determine you are entitled to a refund, they take a percentage of that refund.Consequently, the tax preparation service makes money, but not until your refund comes through. There is no out-of pocket expense to you, plus you get the added assurance that your tax preparation is done thoroughly and accurately.
Online income tax preparation is available at many locations to assist you with your filing. The income tax preparation software usually consists of an easy-to-use interface which asks a series of questions. You will answer each question then move to the next screen. Some questions will not be applicable to your particular situation so you will choose the “not applicable” option and continue. The professional income tax preparation software thinks of everything for you. You do not have to be familiar with tax laws or the complexities of tax preparation. Instead, the software will cue you to the possible deductions you may be allowed to take.
Simply answer all the questions on the tax preparation software as completely as you can and your tax refund or payment will be automatically calculated for you. You will then have the option to print out the forms for your signature and submission. If you choose this option, print all the necessary forms that the tax preparation software informs you that you will need. Sign all the forms where appropriate, and attach any supporting documentation. Most income tax preparation software will generate a checklist that you can use to ensure all supporting documentation and forms are properly enclosed.
Many online income tax preparation software systems have electronic submission capabilities. This way, you can file all the necessary tax paperwork without having to go to the post office to wait in long lines. This is especially useful when it gets closer to the tax deadline and many people are rushing to get their taxes posted. The lines can be outrageous and being able to file your return from the comfort of your own home is much more convenient.
Tax preparation help can be found on numerous websites and at the Internal Revenue Service website. If you have a question about the proper way to complete your tax preparation or what forms to file, the Internal Revenue Service website is a great place to look for tax preparation help. Income tax preparation software also often has available tax help files and links for resources.
Tax preparation services are another useful option for tax preparation. Tax preparation services can often be found in kiosks in shopping centers or malls as well as in stand-alone offices. Tax preparation services work for a fee, but they hire highly skilled accountants and tax specialists who will know exactly how to most effectively prepare your taxes to get the maximum amount of deductions. The person who prepares your taxes will walk you through a series of questions and will possibly ask to see certain types of documentation. This process will assist them in developing the most thorough and accurate tax return possible.
Federal and state income tax preparation can often seem like a daunting task. Free tax preparation is available for those who are concerned about their budget. Any fees that are applicable are generally deducted from your refund so there are no up-front costs. Online income tax preparation is available for those who want the convenience of preparing and filing taxes online. You can avoid the long lines and hassle of the post office by choosing this option and you can generally get your refund, if there is one, directly deposited into your checking account. Income tax preparation services are also available at a fee, and are generally used for more complex tax returns. All options are readily available and easy to use. Any of these options will make your tax preparation much easier and less stressful.

1. Payday loans trap consumers in “cycle of debt”
Although the phrase “cycle of debt” is a favorite among industry critics, it is not based on the truth. Researchers and American state regulators consistently report that 70-80% of customers use payday cash advances between once a year and once a month.
It is important to understand that a payday advance is not meant to be a long term loan. What a payday loan has done is assist millions of families with emergency needs. This means that a payday advance is given only under the agreement that it will be paid off on the applicant’s next payday (hence the term, payday advance). Short-term loan providers also operate a rollover service to help keep the payday advance applicant from being stuck in a long term, high interest rate loan.
2. All operate as loan sharks
A payday loan provided by a reputable payday loan or cash advance company does not take advantage of people. It is meant to be used only for a short term emergency situation by employed persons who need a little bit of help between paydays for emergencies. This is a very common occurrence when most families live pay check to pay check and may not be financially prepared for emergency repairs, travel or medical expenses. In reality, quick payday loans fill a necessary component in the economic world.
3. Rude employees
Payday loan companies do not compete on the price of their loan, therefore it is important for them to compete on other aspects of the service to create a competitive advantage. One of these ways is through customer service and to ensure all employees are financially knowledgeable and are fully qualified for the job to certify their customers are given an excellent customer service. This is further enhanced through the recording and monitoring of telephone calls in and out of the company.
4. Target vulnerable people, the poor etc
Payday advances are marketed toward subprime clients without a distinction in employment or culture. In fact, payday loans are marketed toward those people earning between £10 000 and £25 000 per year. Most payday advance members are under 45 years old and all applicants are currently employed with a steady income and have an active checking account. In reality, payday advances are meant for working adults with an immediate emergency need that cannot be satisfied through bank and union loans.
5. Hide fees and have high interest rates
The payday cash loan facility is required by law to disclose any application fees, interest rates and other fees. In accordance with OFT guidelines, it is a legal requirement that all fees and rates must be clearly outlined and disclosed to the customer.
A payday loan does have high interest rates. This is not because the lender is trying to take advantage of emergencies, but because they are a short term lender. The payday loans are meant to be short term loans, not long term loans that are constantly refinanced with monthly statements. This means that the payday loan company assumes greater risk at the same profit level as other financial institutions.
6. Threaten customers with coercive collection practices
Short-term loan providers are committed to collecting past due accounts in a professional, fair and lawful manner involving no criminal actions. In accordance with BBCA’s guidelines, companies in the UK may not pursue criminal actions against a customer as a result of the customer not repaying their loan. If absolutely necessary and after all other approaches have been tried, the lender may turn the issue over to a collection agency.
7. Operate outside the OFT guidelines
All short-term loan lenders should follow OFT guidelines and are dedicated to practicing all practices and collections in the best way possible. The company strives to educate the consumer and to make sure that our borrowers clearly understand the payday loan process. This is in accordance within the customer selection criteria in a Responsible Lending policy.
8. Unethical
Many posts have been written on consumer forums about how payday loan lenders are unethical and immoral for taking money from people who need it the most. This is not the objective of payday advances; these short-term loans are meant to tie over consumers until payday and be paid back on time. One loan provider operate a ‘Responsible Lending’ policy, listed in this policy are guidelines stating that the company’s charges are transparent and only lend to customers who can pay the loan back. The company also offers a payment plan option if customers are unable to pay back the loan on time; this allows them to pay back a small amount per week which the customer can afford.
Short-term loan lenders who offer payday advances have also been seen to partner with a charity to match customer donations made through the website. For example, one lender has partnered with Starlight Children’s Foundation to match the 50p donation, customers can choose to make on their interest payment.
9. Adds unauthorized charges to accounts
Payday loan providers only charge customers what they owe, and do not want to charge customers more for their loan. All companies ethical practices and responsible lending policy ensures customers only pay back the interest payments and charges which are relevant to their account.
10. Employees are trained to set hooks
Employees from payday loan providers are trained purely for business purposes, and to help customers as much as they can. Employees from short-term loan providers pride themselves on excellent customer service and helping customers out. To employees from this short-term loan lender happy customers mean increase commission.

The United States government provides many benefits to the members that are now serving or have serve in the past in the US military. Active and former members of the United States military can take advantages of benefits ranging from education incentives to compensation for disability occurred while in the military to even life insurance programs. One of the most used and most important is the Veteran Home Loan Program that provides assistance in financing a home loan.
There are currently over 23 millions living veterans and just little less than 10% of these veterans have taking advantage of this great benefit. But there is also another government backed home mortgage loan that veterans may want to consider also. This government backed loan is the FHA Home Loan Program.
So if you are an active member of the military, a veteran, or even a surviving or current spouse of a veteran you may want to compare the advantages and disadvantages of both the VA Home Loan Program and the FHA Home Loan Program.
You need to be fully informed before you buy a home because it is a huge decision and making the wrong decision can cost you thousands of dollars in the future.
VA Home Loan Program VS FHA Home Loan Program
VA home mortgage loans are similar to many conventional home mortgage loans but they do have many great benefits that are not found in conventional loans such as: you do not need a down payment, your credit scores can be lower than what is required for conventional loans, and you can “rolled” the closing and loan fees back into the mortgage thus making it a 100% financing loan.
The FHA Home Mortgage Loan Program is the most popular of mortgage loan programs for non-veterans and is growing in popularity because of the tight mortgage market today.
They have some of the same advantages of the VA home mortgage loans such as: they are easier to refinance, more lenient on the credit scores to qualify, and certainly lower down payment than conventional loans. The FHA home mortgage loan down payment is currently 3.5 of the purchase price of the home.
VA Home Mortgage Loan Eligibility Requirements
A veteran will have to get a Certificate of Eligibility that is issued to by the military to qualified veterans. The Certificate of Eligibility will also include the entitlement amount, which is the portion of the mortgage loan that the VA will guarantee. You can get the Certificate of Eligibility from the VA or you can have your mortgage lender get it for you on the Internet.
One big difference from a VA mortgage loan and a FHA mortgage loan is almost anyone can get a FHA mortgage loan, only people that are or have been in the military can be a VA mortgage loan.
There are no income limits for FHA loans, but there are limits on how much a person can borrow and it varies from each county in the country. You can find out from your mortgage lender what the limit is in your area.
VA home mortgage loans do have limits on how much you can borrow but the limits can currently go up to $729,000 in some parts of the country.
Another difference from FHA loans and VA loans is VA does not require a mortgage insurance premium called a PMI. FHA loans do require mortgage insurance (MIP). By getting a VA home mortgage loan you will save this expense which can be quite costly over the years.
VA home loan makes sense if you are a qualifying member or veteran of the military and they will allow you to take advantage of today’s very low interest rate plus you can buy a home with 100% financing.
If you don’t want to tackle the slight hassle of dealing with the VA or you do not have available VA entitlement then a FHA home loan will make the most sense.
Whether you choose the Veteran Home Loan Program or the FHA Home Loan Program you will need to work with an approved mortgage lender who will help you through the mortgage and closing process.
Owning a home is still the American dream and the government has two great programs to help you to achieve that dream, so get more information on the Veteran Home Loan Program and the FHA Home Loan Program and make that American dream happen for you!

Banking Fraud is posing threat to Indian Economy. Its vibrant effect can be understood be the fact that in the year 2004 number of Cyber Crime were 347 in India which rose to 481 in 2005 showing an increase of 38.5% while I.P.C. category crime stood at 302 in 2005 including 186 cases of cyber fraud and 68 cases cyber forgery. Thus it becomes very important that occurrence of such frauds should be minimized. More upsetting is the fact that such frauds are entering in Banking Sector as well.
In the present day, Global Scenario Banking System has acquired new dimensions. Banking did spread in India. Today, the banking system has entered into competitive markets in areas covering resource mobilization, human resource development, customer services and credit management as well.
Indian’s banking system has several outstanding achievements to its credit, the most striking of which is its reach. In fact, Indian banks are now spread out into the remotest areas of our country. Indian banking, which was operating in a highly comfortable and protected environment till the beginning of 1990s, has been pushed into the choppy waters of intense competition.
A sound banking system should possess three basic characteristics to protect depositor’s interest and public faith. Theses are (i) a fraud free culture, (ii) a time tested Best Practice Code, and (iii) an in house immediate grievance remedial system. All these conditions are their missing or extremely weak in India. Section 5(b) of the Banking Regulation Act, 1949 defines banking… “Banking is the accepting for the purpose of lending or investment, deposits of money from the purpose of lending or investment, deposits of money from the public, repayable on demand or otherwise and withdraw able by cheque, draft, order or otherwise.” But if his money has fraudulently been drawn from the bank the latter is under strict obligation to pay the depositor. The bank therefore has to ensure at all times that the money of the depositors is not drawn fraudulently. Time has come when the security aspects of the banks have to be dealt with on priority basis.
The banking system in our country has been taking care of all segments of our socioeconomic set up. The Article contains a discussion on the rise of banking frauds and various methods that can be used to avoid such frauds. A bank fraud is a deliberate act of omission or commission by any person carried out in the course of banking transactions or in the books of accounts, resulting in wrongful gain to any person for a temporary period or otherwise, with or without any monetary loss to the bank. The relevant provisions of Indian Penal Code, Criminal Procedure Code, Indian Contract Act, and Negotiable Instruments Act relating to banking frauds has been cited in the present Article.
EVOLUTION OF BANKING SYSTEM IN INDIA
Banking system occupies an important place in a nation’s economy. A banking institution is indispensable in a modern society. It plays a pivotal role in economic development of a country and forms the core of the money market in an advanced country.
Banking industry in India has traversed a long way to assume its present stature. It has undergone a major structural transformation after the nationalization of 14 major commercial banks in 1969 and 6 more on 15 April 1980. The Indian banking system is unique and perhaps has no parallels in the banking history of any country in the world.
RESERVE BANK OF INDIA-ECONOMIC AND SOCIAL OBJECTIVE
The Reserve Bank of India has an important role to play in the maintenance of the exchange value of the rupee in view of the close interdependence of international trade and national economic growth and well being. This aspect is of the wider responsibly of the central bank for the maintenance of economic and financial stability. For this the bank is entrusted with the custody and the management of country’s international reserves; it acts also as the agent of the government in respect of India’s membership of the international monetary fund. With economic development the bank also performs a variety of developmental and promotional functions which in the past were registered being outside the normal purview of central banking. It also acts an important regulator.
BANK FRAUDS: CONCEPT AND DIMENSIONS
Banks are the engines that drive the operations in the financial sector, which is vital for the economy. With the nationalization of banks in 1969, they also have emerged as engines for social change. After Independence, the banks have passed through three stages. They have moved from the character based lending to ideology based lending to today competitiveness based lending in the context of India’s economic liberalization policies and the process of linking with the global economy.
While the operations of the bank have become increasingly significant banking frauds in banks are also increasing and fraudsters are becoming more and more sophisticated and ingenious. In a bid to keep pace with the changing times, the banking sector has diversified it business manifold. And the old philosophy of class banking has been replaced by mass banking. The challenge in management of social responsibility with economic viability has increased.
DEFINITION OF FRAUD
Fraud is defined as “any behavior by which one person intends to gain a dishonest advantage over another”. In other words , fraud is an act or omission which is intended to cause wrongful gain to one person and wrongful loss to the other, either by way of concealment of facts or otherwise.
Fraud is defined u/s 421 of the Indian Penal Code and u/s 17 of the Indian Contract Act. Thus essential elements of frauds are:
1. There must be a representation and assertion;
2. It must relate to a fact;
3. It must be with the knowledge that it is false or without belief in its truth; and
4. It must induce another to act upon the assertion in question or to do or not to do certain act.
BANK FRAUDS
Losses sustained by banks as a result of frauds exceed the losses due to robbery, dacoity, burglary and theft-all put together. Unauthorized credit facilities are extended for illegal gratification such as case credit allowed against pledge of goods, hypothecation of goods against bills or against book debts. Common modus operandi are, pledging of spurious goods, inletting the value of goods, hypothecating goods to more than one bank, fraudulent removal of goods with the knowledge and connivance of in negligence of bank staff, pledging of goods belonging to a third party. Goods hypothecated to a bank are found to contain obsolete stocks packed in between goods stocks and case of shortage in weight is not uncommon.
An analysis made of cases brings out broadly the under mentioned four major elements responsible for the commission of frauds in banks.
1. Active involvement of the staff-both supervisor and clerical either independent of external elements or in connivance with outsiders.
2. Failure on the part of the bank staff to follow meticulously laid down instructions and guidelines.
3. External elements perpetuating frauds on banks by forgeries or manipulations of cheques, drafts and other instruments.
4. There has been a growing collusion between business, top banks executives, civil servants and politicians in power to defraud the banks, by getting the rules bent, regulations flouted and banking norms thrown to the winds.
FRAUDS-PREVENTION AND DETECTION
A close study of any fraud in bank reveals many common basic features. There may have been negligence or dishonesty at some stage, on part of one or more of the bank employees. One of them may have colluded with the borrower. The bank official may have been putting up with the borrower’s sharp practices for a personal gain. The proper care which was expected of the staff, as custodians of banks interest may not have been taken. The bank’s rules and procedures laid down in the Manual instructions and the circulars may not have been observed or may have been deliberately ignored.
Bank frauds are the failure of the banker. It does not mean that the external frauds do not defraud banks. But if the banker is upright and knows his job, the task of defrauder will become extremely difficult, if not possible.
Detection of Frauds
Despite all care and vigilance there may still be some frauds, though their number, periodicity and intensity may be considerably reduced. The following procedure would be very helpful if taken into consideration:
1. All relevant data-papers, documents etc. Should be promptly collected. Original vouchers or other papers forming the basis of the investigation should be kept under lock and key.
2. All persons in the bank who may be knowing something about the time, place a modus operandi of the fraud should be examined and their statements should be recorded.
3. The probable order of events should thereafter be reconstructed by the officer, in his own mind.
4. It is advisable to keep the central office informed about the fraud and further developments in regard thereto.
Classification of Frauds and Action Required by Banks
The Reserve Bank of India had set-up a high level committee in 1992 which was headed by Mr. A… Ghosh, the then Dy. Governor Reserve Bank of India to inquire into various aspects relating to frauds malpractice in banks. The committee had noticed/observed three major causes for perpetration of fraud as given hereunder:
1. Laxity in observance of the laid down system and procedures by operational and supervising staff.
2. Over confidence reposed in the clients who indulged in breach of trust.
3. Unscrupulous clients by taking advantages of the laxity in observance of established, time tested safeguards also committed frauds.
In order to have uniformity in reporting cases of frauds, RBI considered the question of classification of bank frauds on the basis of the provisions of the IPC.
Given below are the Provisions and their Remedial measures that can be taken.
1. Cheating (Section 415, IPC)
Remedial Measures.
The preventive measures in respect of the cheating can be concentrated on cross-checking regarding identity, genuineness, verification of particulars, etc. in respect of various instruments as well as persons involved in encashment or dealing with the property of the bank.
2. Criminal misappropriation of property (Section 403 IPC).
Remedial Measure
Criminal misappropriation of property, presuppose the custody or control of funds or property, so subjected, with that of the person committing such frauds. Preventive measures, for this class of fraud should be taken at the level the custody or control of the funds or property of the bank generally vests. Such a measure should be sufficient, it is extended to these persons who are actually handling or having actual custody or control of the fund or movable properties of the bank.
3. Criminal breach of trust (Section 405, IPC)
Remedial Measure
Care should be taken from the initial step when a person comes to the bank. Care needs to be taken at the time of recruitment in bank as well.
4. Forgery (Section 463, IPC)
Remedial Measure
Both the prevention and detection of frauds through forgery are important for a bank. Forgery of signatures is the most frequent fraud in banking business. The bank should take special care when the instrument has been presented either bearer or order; in case a bank pays forged instrument he would be liable for the loss to the genuine costumer.
5. Falsification of accounts (Section 477A)
Remedial Measure
Proper diligence is required while filling of forms and accounts. The accounts should be rechecked on daily basis.
6. Theft (Section 378, IPC)
Remedial Measures
Encashment of stolen’ cheque can be prevented if the bank clearly specify the age, sex and two visible identify action marks on the body of the person traveler’s cheques on the back of the cheque leaf. This will help the paying bank to easily identify the cheque holder. Theft from lockers and safe deposit vaults are not easy to commit because the master-key remains with the banker and the individual key of the locker is handed over to the costumer with due acknowledgement.
7. Criminal conspiracy (Section 120 A, IPC)
In the case of State of Andhra Pradesh v. IBS Prasad Rao and Other, the accused, who were clerks in a cooperative Central Bank were all convicted of the offences of cheating under Section 420 read along with Section 120 A. all the four accused had conspired together to defraud the bank by making false demand drafts and receipt vouchers.
8. Offences relating to currency notes and banks notes (Section 489 A-489E, IPC)
These sections provide for the protection of currency-notes and bank notes from forgery. The offences under section are:
(a) Counterfeiting currency notes or banks.
(b) Selling, buying or using as genuine, forged or counterfeit currency notes or bank notes. Knowing the same to be forged or counterfeit.
(c) Possession of forged or counterfeit currency notes or bank-notes, knowing or counterfeit and intending to use the same as genuine.
(d) Making or passing instruments or materials for forging or counterfeiting currency notes or banks.
(e) Making or using documents resembling currency-notes or bank notes.
Most of the above provisions are Cognizable Offenses under Section 2(c) of the Code of Criminal Procedure, 1973.
FRAUD PRONE AREAS IN DIFFERENT ACCOUNTS
The following are the potential fraud prone areas in Banking Sector. In addition to those areas I have also given kinds of fraud that are common in these areas.
Savings Bank Accounts
The following are some of the examples being played in respect of savings bank accounts:
(a) Cheques bearing the forged signatures of depositors may be presented and paid.
(b) Specimen signatures of the depositors may be changed, particularly after the death of depositors,
(c) Dormant accounts may be operated by dishonest persons with or without collusion of bank employees, and
(d) Unauthorized withdrawals from customer’s accounts by employee of the bank maintaining the savings ledger and later destruction of the recent vouchers by them.
Current Account Fraud
The following types are likely to be committed in case of current accounts.
(a) Opening of frauds in the names of limited companies or firms by unauthorized persons;
(b) Presentation and payment of cheques bearing forged signatures;
(c) Breach of trust by the employees of the companies or firms possessing cheque leaves duly signed by the authorized signatures;
(d) Fraudulent alteration of the amount of the cheques and getting it paid either at the counter or though another bank.
Frauds In Case Of Advances
Following types may be committed in respect of advances:
(a) Spurious gold ornaments may be pledged.
(b) Sub-standard goods may be pledged with the bank or their value may be shown at inflated figures.
(c) Same goods may be hypothecated in favour of different banks.
LEGAL REGIME TO CONTROL BANK FRAUDS
Frauds constitute white-collar crime, committed by unscrupulous persons deftly advantage of loopholes existing in systems/procedures. The ideal situation is one there is no fraud, but taking ground realities of the nation’s environment and human nature’s fragility, an institution should always like to keep the overreach of frauds at the minimum occurrence level.
Following are the relevant sections relating to Bank Frauds
Indian Penal Code (45 of 1860)
(a) Section 23 “Wrongful gain”.-
“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.
(b) “Wrongful loss”
“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
(c) Gaining wrongfully.
Losing wrongfully-A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
(d) Section 24. “Dishonestly”
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.
(e) Section 28. “Counterfeit”
A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.
BREACH OF TRUST
1. Section 408- Criminal breach of trust by clerk or servant.
2. Section 409- Criminal breach of trust by public servant, or by banker, merchant or agent.
3. Section 416- Cheating by personating
4. Section 419- Punishment for cheating by personation.
OFFENSES RELATING TO DOCUMENTS
1) Section 463-Forgery
2) Section 464 -Making a false document
3) Section 465- Punishment for forgery.
4) Section 467- Forgery of valuable security, will, etc
5) Section 468- Forgery for purpose of cheating
6) Section 469- Forgery for purpose of harming reputation
7) Section 470- Forged document.
8) Section 471- Using as genuine a forged document
9) Section 477- Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
10) Section 477A- Falsification of accounts.
THE RESERVE BANK OF INDIA ACT, 1934
Issue of demand bills and notes Section 31.
Provides that only Bank and except provided by Central Government shall be authorized to draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the bills, hundis or notes payable to bearer on demand of any such person
THE NEGOTIABLE INSTRUMENTS ACT, 1881
Holder’s right to duplicate of lost bill Section 45A.
1. The finder of lost bill or note acquires no title to it. The title remains with the true owner. He is entitled to recover from the true owner.
2. If the finder obtains payment on a lost bill or note in due course, the payee may be able to get a valid discharge for it. But the true owner can recover the money due on the instrument as damages from the finder.
Section 58
When an Instrument is obtained by unlawful means or for unlawful consideration no possessor or endorse who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, accept or holder, or from any party prior to such holder, unless such possessor or endorse is, or some person through whom he claims was, a holder thereof in due course.
Section 85:
Cheque payable to order.
1. By this section, bankers are placed in privileged position. It provides that if an order cheque is endorsed by or on behalf of the payee, and the banker on whom it is drawn pays it in due course, the banker is discharged. He can debit his customer with the amount so paid, though the endorsement of the payee might turn out to be a forgery.
2. The claim protection under this section the banker has to prove that the payment was a payment in due course, in good faith and without negligence.
Section 87. Effect of material alteration
Under this section any alteration made without the consent of party would be void. Alteration would be valid only if is made with common intention of the party.
Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to the credit of that account is insufficient to honor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offense and shall, without prejudice.
Section 141(1) Offenses by companies.
If the person committing an offense under Section 138 is a company, every person who, at the time the offense was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly.
SECURITY REGIME IN BANKING SYSTEM
Security implies sense of safety and of freedom from danger or anxiety. When a banker takes a collateral security, say in the form of gold or a title deed, against the money lent by him, he has a sense of safety and of freedom from anxiety about the possible non-payment of the loan by the borrower. These should be communicated to all strata of the organization through appropriate means. Before staff managers should analyze current practices. Security procedure should be stated explicitly and agreed upon by each user in the specific environment. Such practices ensure information security and enhance availability. Bank security is essentially a defense against unforced attacks by thieves, dacoits and burglars.
PHYSICAL SECURITY MEASURES-CONCEPT
A large part of banks security depends on social security measures. Physical security measures can be defined as those specific and special protective or defensive measures adopted to deter, detect, delay, defend and defeat or to perform any one or more of these functions against culpable acts, both covert and covert and acclamation natural events. The protective or defensive, measures adopted involve construction, installation and deployment of structures, equipment and persons respectively.
The following are few guidelines to check malpractices:
1. To rotate the cash work within the staff.
2. One person should not continue on the same seat for more than two months.
3. Daybook should not be written by the Cashier where an other person is available to the job
4. No cash withdrawal should be allowed within passbook in case of withdrawal by pay order.
5. The branch manager should ensure that all staff members have recorder their presence in the attendance registrar, before starting work.
Execution of Documents
1. A bank officer must adopt a strict professional approach in the execution of documents. The ink and the pen used for the execution must be maintained uniformly.
2. Bank documents should not be typed on a typewriter for execution. These should be invariably handwritten for execution.
3. The execution should always be done in the presence of the officer responsible for obtain them,
4. The borrowers should be asked to sign in full signatures in same style throughout the documents.
5. Unless there is a specific requirement in the document, it should not be got attested or witnessed as such attestation may change the character of the instruments and the documents may subject to ad volrem stamp duty.
6. The paper on which the bank documents are made should be pilfer proof. It should be unique and available to the banks only.
7. The printing of the bank documents should have highly artistic intricate and complex graphics.
8. The documents executed between Banker and Borrowers must be kept in safe custody,
CHANGES IN LEGISLATION AFTER ELECTRONIC TRANSACTIONS
1. Section 91 of IPC shall be amended to include electronic documents also.
2. Section 92 of Indian Evidence Act, 1872 shall be amended to include commuter based communications
3. Section 93 of Bankers Book Evidence Act, 1891 has been amended to give legal sanctity for books of account maintained in the electronic form by the banks.
4. Section 94 of the Reserve Bank of India Act, 1939 shall be amended to facilitate electronic fund transfers between the financial institutions and the banks. A new clause (pp) has been inserted in Section 58(2).
RECENT TRENDS OF BANKING SYSTEM IN INDIA
In the banking and financial sectors, the introduction of electronic technology for transactions, settlement of accounts, book-keeping and all other related functions is now an imperative. Increasingly, whether we like it or not, all banking transactions are going to be electronic. The thrust is on commercially important centers, which account for 65 percent of banking business in terms of value. There are now a large number of fully computerized branches across the country.
A switchover from cash-based transactions to paper-based transactions is being accelerated. Magnetic Ink character recognition clearing of cheques is now operational in many cities, beside the four metro cities. In India, the design, management and regulation of electronically-based payments system are becoming the focus of policy deliberations. The imperatives of developing an effective, efficient and speedy payment and settlement systems are getting sharper with introduction of new instruments such as credit cards, telebanking, ATMs, retail Electronic Funds Transfer (EFT) and Electronic Clearing Services (ECS). We are moving towards smart cards, credit and financial Electronic Data Interchange (EDI) for straight through processing.
Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001
Further the Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001 was introduced in Parliament to curb the menace of Bank Fraud. The Act was to prohibit, control, investigate financial frauds; recover and restore properties subject to such fraud; prosecute for causing financial fraud and matters connected therewith or incidental thereto.
Under the said act the term Financial Fraud has been defined as under:
Section 512 – Financial Fraud
Financial frauds means and includes any of the following acts committed by a person or with his connivance, or by his agent, in his dealings with any bank or financial institution or any other entity holding public funds;
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The active concealment of a fact by one having knowledge or belief of the fact;
3. A promise made with out any intention of performing it;
4. Any other act fitted to deceive;
5. Any such act or omission as the law specially declares to be fraudulent.
Provided that whoever acquires, possesses or transfers any proceeds of financial fraud or enters into any transaction which is related to proceeds of fraud either directly or indirectly or conceals or aids in the concealment of the proceeds of financial fraud, commits financial fraud.
513(a) – Punishment for Financial Fraud
Whoever commits financial fraud shall be: (a) Punished with rigorous imprisonment for a term, which may extend to seven years and shall also be liable to fine.
(b)Whoever commits serious financial fraud shall be punished with rigorous imprisonment for a term which may extend to ten years but shall not be less than five years and shall also be liable for fine up to double the amount involved in such fraud.
Provided that in both (a) and (b) all funds, bank accounts and properties acquired using such funds subjected to the financial fraud as may reasonably be attributed by the investigating agency shall be recovered and restored to the rightful owner according to the procedure established by law.
CONCLUSION
The Indian Banking Industry has undergone tremendous growth since nationalization of 14 banks in the year 1969. There has an almost eight times increase in the bank branches from about 8000 during 1969 to mote than 60,000 belonging to 289 commercial banks, of which 66 banks are in private sector.
It was the result of two successive Committees on Computerization (Rangarajan Committee) that set the tone for computerization in India. While the first committee drew the blue print in 1983-84 for the mechanization and computerization in banking industry, the second committee set up in 1989 paved the way for integrated use of telecommunications and computers for applying technogical breakthroughs in banking sector.
However, with the spread of banking and banks, frauds have been on a constant increase. It could be a natural corollary to increase in the number of customers who are using banks these days. In the year 2000 alone we have lost Rs 673 crores in as many as 3,072 number of fraud cases. These are only reported figures. Though, this is 0.075% of Rs 8,96,696 crores of total deposits and 0.15% of Rs 4,44,125 crores of loans & advances, there are any numbers of cases that are not reported. There were nearly 65,800 bank branches of a total of 295 commercial banks in India as on June 30, 2001 reporting a total of nearly 3,072 bank fraud cases. This makes nearly 10.4 frauds per bank and roughly 0.47 frauds per branch.
An Expert Committee on Bank Frauds (Chairman: Dr.N.L.Mitra) submitted its Report to RBI in September 2001. The Committee examined and suggested both the preventive and curative aspects of bank frauds.
The important recommendations of the Committee include:
o A need for including financial fraud as a criminal offense;
o Amendments to the IPC by including a new chapter on financial fraud;
o Amendments to the Evidence Act to shift the burden of proof on the accused person;
o Special provision in the Cr. PC for properties involved in the Financial Fraud.
o Confiscating unlawful gains; and preventive measures including the development of Best Code Procedures by banks and financial institutions.
Thus it can be concluded that following measures should necessarily be adopted by the Ministry of Finance in order to reduce cases of Fraud.
o There must be a Special Court to try financial fraud cases of serious nature.
o The law should provide separate structural and recovery procedure. Every bank must have a domestic inquiry officer to enquirer about the civil dimension of fraud.
o A fraud involving an amount of ten crore of rupees and above may be considered serious and be tried in the Special Court.
The Twenty-ninth Report of the Law Commission had dealt some categories of crimes one of which is “offenses calculated to prevent and obstruct the economic development of the country and endanger its economic health.” Offenses relating to Banking Fraud will fall under this category. The most important feature of such offenses is that ordinarily they do not involve an individual direct victim. They are punishable because they harm the whole society. It is clear that money involved in Bank belongs to public. They deposit there whole life’ security in Banks and in case of Dacoity or Robbery in banks the public will be al lost. Thus it is important that sufficient efforts should be taken in this regard.
There exists a new kind of threat in cyber world. Writers are referring it as “Salami Attack” under this a special software is used for transferring the amount from the account of the individual. Hence the culprits of such crimes should be found quickly and should be given strict punishment. Moreover there is requirement of more number of IT professionals who will help in finding a solution against all these security threats.