Subject: CORPORATE BANKING – LAW AND PRACTICE

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CBLP – JUL 2020 – L4 – Q6 – Structure of Syndicated Loan Agreement

Describe the basic structure of a syndicated loan agreement.

What is the basic structure of a syndicated loan agreement?

(20 marks)

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CBLP – JUL 2020 – L4 – Q5 – Arbitration Clauses in International Banking

Explain the significance of arbitration clauses in international banking arrangements.

What is the significance of arbitration clauses in international banking arrangements?

(20 marks)

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CBLP – JUL 2020 – L4 – Q4 – Negotiability of Bonds and Notes

Describe negotiability of bonds and notes, explain legal issues, and discuss foreign bonds negotiability.

(a) Describe the nature of the negotiability of bonds and notes.

(b) Explain the legal issues with negotiability of bonds and notes-

(c) The negotiability of foreign bonds.

(20 marks)

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CBLP – JUL 2020 – L4 – Q2 – Duties in Lending Process

Describe duties of credit reference bureau and collateral registry in lending, and provisions under Section 62 of Act 930.

As part ofthe lending process,

(a) Describethe duties orfunctions ofthe following:

(i) credit reference bureau, and

(i,) collateral registry

(b) Provisions under sedion 62 of the Banks and Specialised Deposit-Taking

lnstitutions Act, 2016 (Act 930)

(30 Marks)

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CBLP – JUL 2020 – L4 – Q1 – Methods of Payment in Documentary Credits

Describe payment methods in UCP 600 Article 6(b) and explain issues with payment under reserve and payment by mistake.

(a) Describe the method of payments mentioned in Article 6b) of the UcP 600 for documentary credits.

(b)Explain the issues relatingto:

(i) payment under reserve

{ii) Payment by mistake.

(30 Marks)

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CBLP – OCT 2022 – L4 – Q6 – Foreign Judgments and International Conventions

Distinguish recognition from enforcement of foreign judgments in Ghana and describe relevance of international conventions on contracts.

a) Distinguish between the recognition and enforcement of foreign judgments in Ghana. [10 marks]

b) Describe the relevance of international conventions on contractual obligations. [10 marks]

[Total marks: 20]

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CBLP – OCT 2022 – L4 – Q5 – Letter of Comfort vs Indemnity and Asset Security Factors

Distinguish letter of comfort from indemnity and describe factors for taking assets as security.

a) Distinguish between a letter of comfort and an indemnity. [10 marks]

b) Describe the factors a bank must consider when taking an asset as a security. [10 marks]

[Total marks:20]

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CBLP – OCT 2022 – L4 – Q4 – Parties in Documentary Credit

Identify and explain roles of parties in a documentary credit transaction.

Identify the parties in a documentary credit and explain their roles in the transaction.

[Total marks:20]

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CBLP – OCT 2022 – L4 – Q3 – Risks, Bonds, and Defaults

Identify risks in sovereign lending, describe bond characteristics, and explain defaults in term loans.

a) Identify five (5) risks associated with sovereign lending transactions. [10 marks]

b) Describe five (5) key characteristics of bonds. [10 marks]

c) Describe what constitutes a default and describe five (5) events that would constitute default by a customer in a term loan transaction. [10 marks]

[Total marks:30]

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CBLP – OCT 2022 – L4 – Q2 – Distinctions in Banking Concepts

Distinguish between various pairs of concepts in corporate banking.

Distinguish between the following:

a) Asset securitisation and loan security. [6 marks]

b) Confirming bank and nominated bank. [6 marks]

c) Governing law in a loan agreement and legal opinion for a loan facility. [6 marks] d) Repayments and prepayments in loan transactions. [6 marks]

e) Country risk and sovereign risk. [6 marks

[Total marks:30]

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CBLP – JUL 2020 – L4 – Q6 – Structure of Syndicated Loan Agreement

Describe the basic structure of a syndicated loan agreement.

What is the basic structure of a syndicated loan agreement?

(20 marks)

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CBLP – JUL 2020 – L4 – Q5 – Arbitration Clauses in International Banking

Explain the significance of arbitration clauses in international banking arrangements.

What is the significance of arbitration clauses in international banking arrangements?

(20 marks)

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CBLP – JUL 2020 – L4 – Q4 – Negotiability of Bonds and Notes

Describe negotiability of bonds and notes, explain legal issues, and discuss foreign bonds negotiability.

(a) Describe the nature of the negotiability of bonds and notes.

(b) Explain the legal issues with negotiability of bonds and notes-

(c) The negotiability of foreign bonds.

(20 marks)

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CBLP – JUL 2020 – L4 – Q2 – Duties in Lending Process

Describe duties of credit reference bureau and collateral registry in lending, and provisions under Section 62 of Act 930.

As part ofthe lending process,

(a) Describethe duties orfunctions ofthe following:

(i) credit reference bureau, and

(i,) collateral registry

(b) Provisions under sedion 62 of the Banks and Specialised Deposit-Taking

lnstitutions Act, 2016 (Act 930)

(30 Marks)

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CBLP – JUL 2020 – L4 – Q1 – Methods of Payment in Documentary Credits

Describe payment methods in UCP 600 Article 6(b) and explain issues with payment under reserve and payment by mistake.

(a) Describe the method of payments mentioned in Article 6b) of the UcP 600 for documentary credits.

(b)Explain the issues relatingto:

(i) payment under reserve

{ii) Payment by mistake.

(30 Marks)

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CBLP – OCT 2022 – L4 – Q6 – Foreign Judgments and International Conventions

Distinguish recognition from enforcement of foreign judgments in Ghana and describe relevance of international conventions on contracts.

a) Distinguish between the recognition and enforcement of foreign judgments in Ghana. [10 marks]

b) Describe the relevance of international conventions on contractual obligations. [10 marks]

[Total marks: 20]

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CBLP – OCT 2022 – L4 – Q5 – Letter of Comfort vs Indemnity and Asset Security Factors

Distinguish letter of comfort from indemnity and describe factors for taking assets as security.

a) Distinguish between a letter of comfort and an indemnity. [10 marks]

b) Describe the factors a bank must consider when taking an asset as a security. [10 marks]

[Total marks:20]

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CBLP – OCT 2022 – L4 – Q4 – Parties in Documentary Credit

Identify and explain roles of parties in a documentary credit transaction.

Identify the parties in a documentary credit and explain their roles in the transaction.

[Total marks:20]

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CBLP – OCT 2022 – L4 – Q3 – Risks, Bonds, and Defaults

Identify risks in sovereign lending, describe bond characteristics, and explain defaults in term loans.

a) Identify five (5) risks associated with sovereign lending transactions. [10 marks]

b) Describe five (5) key characteristics of bonds. [10 marks]

c) Describe what constitutes a default and describe five (5) events that would constitute default by a customer in a term loan transaction. [10 marks]

[Total marks:30]

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CBLP – OCT 2022 – L4 – Q2 – Distinctions in Banking Concepts

Distinguish between various pairs of concepts in corporate banking.

Distinguish between the following:

a) Asset securitisation and loan security. [6 marks]

b) Confirming bank and nominated bank. [6 marks]

c) Governing law in a loan agreement and legal opinion for a loan facility. [6 marks] d) Repayments and prepayments in loan transactions. [6 marks]

e) Country risk and sovereign risk. [6 marks

[Total marks:30]

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