In my compliance role at Ecobank Ghana, handling cheque clearing under the Ghana Automated Clearing House (GACH) and Act 55, I’ve seen these issues frequently. Duties stem from common law and Act 930 for ethical banking.

a. Ten Legitimate Reasons for Dishonour of Cheques (10 marks):

1. Insufficient funds in the drawer’s account.
2. Cheque post-dated (presented before date).
3. Cheque stale (over 6 months old).
4. Alterations without drawer’s authentication.
5. Signature mismatch or unauthorized.
6. Account frozen by court order or BoG directive.
7. Drawer deceased or bankrupt.
8. Stop payment instruction by drawer.
9. Words and figures differ in amount.
10. Cheque mutilated or torn.

b. Five Duties a Bank Owes to Its Customers (10 marks):

1. Duty of Secrecy: Maintain confidentiality of account details, per Act 930 Section 52 and common law (Tournier v National Provincial Bank), except for legal disclosures like AML reporting.
2. Duty to Honour Cheques: Pay valid cheques if funds suffice, avoiding wrongful dishonour that could lead to damages, as in Ghanaian court cases.
3. Duty of Care: Exercise reasonable skill in advice or services, e.g., accurate forex rates, aligned with BoG’s Consumer Protection Directive.
4. Duty to Provide Statements: Regularly furnish account statements for transparency, mandatory under BoG guidelines post-digital shift.
5. Duty to Safeguard Deposits: Protect funds and items in safe custody, with liability for negligence, reinforced by Cyber Security Directive 2020 against fraud.