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.

Question

What is the basic structure of a syndicated loan agreement?

(20 marks)

Answer

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Tags: Banking Arrangements, Loan Agreement Structure, Syndicated Loan
Level: Level 4

Topic: Conflicts of Law
Series: JULY 2020

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

Explain the significance of arbitration clauses in international banking arrangements.

Question

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

(20 marks)

Answer

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Tags: Arbitration Clauses, Dispute Resolution, International Banking
Level: Level 4

Topic: Conflicts of Law
Series: JULY 2020

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

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

Question

(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)

Answer

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Tags: Bonds Negotiability, Foreign Bonds, Legal Issues, Notes Negotiability
Level: Level 4

Topic: Conflicts of Law
Series: JULY 2020

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.

Question

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)

Answer

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Tags: Banks and Specialised Deposit-Taking Institutions Act, Collateral Registry, Credit Reference Bureau, Lending Duties
Level: Level 4

Topic: Conflicts of Law
Series: JULY 2020

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.

Question

(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)

Answer

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Tags: Documentary Credits, International Payments, Payment by Mistake, Payment Under Reserve, UCP 600
Level: Level 4

Topic: Legal Options
Series: JULY 2020

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.

Question

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]

Answer

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Tags: Contractual Obligations, Enforcement, foreign judgments, Ghana, international conventions, Recognition
Level: Level 4

Topic: Enforcement of Foreign Judgments
Series: OCT 2022

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.

Question

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]

Answer

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Tags: Asset Security, Factors, Guarantees, Indemnity, Letter of Comfort
Level: Level 4

Topic: Secured Finance and Guarantees in the International context
Series: OCT 2022

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

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

Question

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

[Total marks:20]

Answer

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Tags: documentary credit, International trade, letters of credit, parties, Roles
Level: Level 4

Topic: Legal Aspects of contract Guarantees and Performance Bonds
Series: OCT 2022

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

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

Question

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]

Answer

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Tags: Bond Characteristics, default events, Sovereign Lending Risks, term loans
Level: Level 4

Topic: Sovereign Risk/Sovereign Immunity Series
Series: OCT 2022

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

Distinguish between various pairs of concepts in corporate banking.

Question

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]

Answer

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Tags: asset securitisation, confirming bank, Country Risk, Governing Law, legal opinion, Loan Security, nominated bank, Prepayments, repayments, Sovereign Risk
Level: Level 4

Topic: Asset securitization
Series: October 2022

CBLP – APRIL 2023 – L4 – Q3 – Descriptions of Legal Concepts in Banking

Describe Ghanaian courts' jurisdiction in international banking disputes, ADR role, immunities of international organizations, agent's role in syndicated loans, and interest rate swaps.

Question

Describe the following:

(a) The jurisdiction of Ghanaian courts to adjudicate on disputes relating to international banking transactions

(b) The role of alternative dispute resolutions in banking transactions.

(d) Role of an agent in syndicated loan agreements.

(e) Interest rate swaps. (Each answer carries 6 Marks)

(Total: 30 Marks)

Answer

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Topic: Sovereign Risk/Sovereign Immunity
Series: APR 2023

CBLP – APRIL 2023 – L4 – Q2 – Legal Implications of Various Banking Concepts

Explain the legal implications of letter of comfort, rescheduling in term loans, discrepancies in international documents, tax avoidance schemes, and not selecting governing law in cross-border loans.

Question

Explain the legal implications of the following:

(a) Letter of comfort

(b) Rescheduling in term loan agreements

(d) Tax avoidance schemes

(e) Not selecting expressly the governing law in cross-border loan agreements. (Each answer carries 6 Marks)

(Total: 30 Marks)

Answer

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Tags: Document Discrepancy, Governing Law, Letter of Comfort, Rescheduling, Tax avoidance
Level: Level 4

Topic: Facility Letters and Term Loan Agreements
Series: APR 2023

CBLP – APRIL 2023 – L4 – Q1 – Implications of Barclays Bank Ruling on Banker-Customer Relationship

Describe the implications of the ruling in Barclays Bank Ltd. Vs. Sakari on the banker-customer relationship regarding duties in loan transactions.

Question

In the decided case of Barclays Bank Ltd. Vs. Sakari [1996-97] GLR 639 SC the court held that ‘the duty of the bank is to advance money and that of the customer is to repay the loan with interest, if any’ .

Describe the implications of this ruling on the banker customer relationship.

(30 Marks)

Answer

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Tags: Banker-Customer Relationship, Contractual Duties, Ghanaian Case Law, Loan Advancement, Repayment Obligations
Level: Level 4

Topic: Facility Letters and Term Loan Agreements
Series: APR 2023

CBLP – APRIL 2024 – L4 – Q6 – Advising Corporate Customer on Preserving Judgment and Borrower Information Memorandum in Loan Syndication

Advise a corporate customer on steps to prevent a potential judgment from becoming nugatory by freezing defendant's assets, and state the contents of a typical Corporate Borrower Information Memorandum in loan syndication.

Question

a). HAKUNA MATATA COMPANY LIMITED is a Private Limited Liability Company that operates an account with the Spintex Road Branch of your Bank. You are the Corporate Relationship Manager of the account, which is a very active one at the Branch. Today, Mr. Hakuna Matata visits your office and informs you that the Company is in court with Kofi Brokeman, whom he has sued for breach of contract. He tells you that the civil trial is far advanced and that he has a very realistic chance of getting a judgment in favour of the Company. He is, however, worried that before the conclusion of the trial, Kofi Brokeman may move out of Ghana to frustrate the execution of the judgment, funds held in QUE SERA SERA Bank, which the Company could fall on for the satisfaction of any judgment debt, if a verdict goes in favour of the Company. He is worried that without any assets of Kofi Brokeman to fall on, a judgment in favour of the Company may be futile. Explain in detail, the steps you will advise your corporate customer to take in order not to render his expected judgment nugatory. (10 Marks)

b). Briefly state the contents of a typical Corporate Borrower Information Memorandum in Loan Syndication. (10 Marks)

[Total = 20 Marks]

Answer

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Tags: Asset Freezing, Borrower Information Memorandum, Corporate Advice, Judgment Preservation, Loan Syndication, Mareva Injunction
Level: Level 4

Topic: Syndicated loan agreement (Primary Syndication)
Series: APR 2024

CBLP – APRIL 2024 – L4 – Q5 – Assessable vs Chargeable Income, Letter of Comfort, and Forum Non-Conveniens

Differentiate between assessable and chargeable income, explain a Letter of Comfort in third-party security, and discuss the doctrine of Forum Non-Conveniens in international banking transactions.

Question

a). Differentiate between Assessable Income and Chargeable Income. (5 Marks)

b). Within the context of third-party security, what is a Letter of Comfort? (5 Marks)

c. What is the doctrine of ‘Forum Non-Conveniens’ and what is its utility in conflicts that may arise in International Banking transactions? (10 Marks)

[Total = 20 Marks]

Answer

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Tags: Assessable Income, chargeable income, Forum Non-Conveniens, International Banking Conflicts, Letter of Comfort, Taxation, Third-Party Security
Level: Level 4

Topic: Jurisdiction
Series: APR 2024

CBLP – APRIL 2024 – L4 – Q4 – Constitutional and Statutory Framework for Double Tax Treaties in Ghana and ISDA Master Agreement

Outline the constitutional and statutory framework for double tax treaties in Ghana and explain the main terms of the International Swap Dealers Association (ISDA) Master Agreement.

Question

a. What is the Constitutional and Statutory framework for Double Tax Treaties in Ghana? (10 Marks)

b. Briefly explain the main terms of the International Swap Dealers Association (ISDA) Master Agreement. (10 Marks)

[Total = 20 Marks]

Answer

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Tags: Double Tax Treaties, Ghana Constitution, International finance, ISDA Master Agreement, Revenue Administration Act, Swaps
Level: Level 4

Topic: Swaps and Related Instruments
Series: APR 2024

CBLP – APRIL 2024 – LEVEL 4 – Q3 – Terms in Documentary Credits

Explain five terms used in documentary credits: confirmed, back-to-back, revolving, red clause, and standby letters of credit

Question

Explain the following terms as used in the context of Documentary Credits.

i. Confirmed Credits (6 Marks)

ii. Back-to-Back Credits (6 Marks)

iii. Revolving Credits (6 Marks)

iv. Red Clause Credits (6 Marks)

v. Standby Letters of Credit (6 Marks)

[Total =30 Marks]

Answer

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Tags: Back-to-Back Credits, Confirmed Credits, Documentary Credits, International Trade Finance, Red Clause Credits, Revolving Credits, Standby Letters of Credit, UCP 600
Level: Level 4

Topic: Legal Aspects of contract Guarantees and Performance Bonds
Series: APR 2024

CORPORATE BANKING LAW AND PRACTICE – APRIL 2024 – LEVEL 4 – Q2 – Events of Default, Duties of Credit Bureaus, and Choice of Law Factors

List and explain five events of default in facility letters/term loans, state five duties of licensed credit bureaus under Act 726, and five factors influencing choice of law in international banking contracts

Question

a). Events of Default Clauses exist in Facility Letters and Term Loan Agreements. List and explain five (5) occurrences that will constitute Events of Default on the part of the customer. (10 Marks)

b. Section 21(1) of the Credit Reporting Act, 2007 (Act 726) provides the duties of a Licensed Credit Bureau. State five (5) of these duties. (10 Marks)

c. State five (5) factors that may influence the choice of law in International Banking Contracts. (10 Marks)

[Total = 30 Marks]

Answer

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Tags: Choice of Law, Credit Reporting Act 2007 Act 726, Events of Default, Facility Letters, International Banking Contracts, Term Loan Agreements
Level: Level 4

Topic: Conflicts of Law
Series: APR 2024

CORPORATE BANKING LAW AND PRACTICE – APRIL 2024 – LEVEL 4 – Q1 – Realization of Collateral without Court Order and Distribution of Proceeds

Outline the steps for a lender to realize collateral without a court order using BOG Notice and Act 1052, and explain the distribution of sale proceeds under Section 70(1).

Question

a. Rule 15 of BOG Notice No. BG/GOV/SEC/2021/07 introduced by the Bank of Ghana pursuant to Section 77 of the Borrowers and Lenders Act, 2020 (Act 1052) for the effective implementation of the Act, provides for the realization of collateral by a lender without a court order upon a borrower’s default. Using the BOG Notice and Section 62(1) of Act 1052, outline the steps a lender must take to realize collateral without a Court Order. (20 Marks)

b. Section 70(1) of the Borrowers and Lenders Act, 2020 (Act 1052) provides for the distribution of proceeds of the sale of collateral by a lender. Outline how the sales proceeds are distributed when the collateral is realized. (10 Marks) [Total = 30 Marks]

Answer

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Topic: Secured Finance and Guarantees in the International context
Series: APR 2024

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.

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

Explain the significance of arbitration clauses in international banking arrangements.

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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.

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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.

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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.

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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.

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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.

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

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

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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.

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

Distinguish between various pairs of concepts in corporate banking.

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CBLP – APRIL 2023 – L4 – Q3 – Descriptions of Legal Concepts in Banking

Describe Ghanaian courts' jurisdiction in international banking disputes, ADR role, immunities of international organizations, agent's role in syndicated loans, and interest rate swaps.

You're reporting an error for "CBLP – APRIL 2023 – L4 – Q3 – Descriptions of Legal Concepts in Banking"

CBLP – APRIL 2023 – L4 – Q2 – Legal Implications of Various Banking Concepts

Explain the legal implications of letter of comfort, rescheduling in term loans, discrepancies in international documents, tax avoidance schemes, and not selecting governing law in cross-border loans.

You're reporting an error for "CBLP – APRIL 2023 – L4 – Q2 – Legal Implications of Various Banking Concepts"

CBLP – APRIL 2023 – L4 – Q1 – Implications of Barclays Bank Ruling on Banker-Customer Relationship

Describe the implications of the ruling in Barclays Bank Ltd. Vs. Sakari on the banker-customer relationship regarding duties in loan transactions.

You're reporting an error for "CBLP – APRIL 2023 – L4 – Q1 – Implications of Barclays Bank Ruling on Banker-Customer Relationship"

CBLP – APRIL 2024 – L4 – Q6 – Advising Corporate Customer on Preserving Judgment and Borrower Information Memorandum in Loan Syndication

Advise a corporate customer on steps to prevent a potential judgment from becoming nugatory by freezing defendant's assets, and state the contents of a typical Corporate Borrower Information Memorandum in loan syndication.

You're reporting an error for "CBLP – APRIL 2024 – L4 – Q6 – Advising Corporate Customer on Preserving Judgment and Borrower Information Memorandum in Loan Syndication"

CBLP – APRIL 2024 – L4 – Q5 – Assessable vs Chargeable Income, Letter of Comfort, and Forum Non-Conveniens

Differentiate between assessable and chargeable income, explain a Letter of Comfort in third-party security, and discuss the doctrine of Forum Non-Conveniens in international banking transactions.

You're reporting an error for "CBLP – APRIL 2024 – L4 – Q5 – Assessable vs Chargeable Income, Letter of Comfort, and Forum Non-Conveniens"

CBLP – APRIL 2024 – L4 – Q4 – Constitutional and Statutory Framework for Double Tax Treaties in Ghana and ISDA Master Agreement

Outline the constitutional and statutory framework for double tax treaties in Ghana and explain the main terms of the International Swap Dealers Association (ISDA) Master Agreement.

You're reporting an error for "CBLP – APRIL 2024 – L4 – Q4 – Constitutional and Statutory Framework for Double Tax Treaties in Ghana and ISDA Master Agreement"

CBLP – APRIL 2024 – LEVEL 4 – Q3 – Terms in Documentary Credits

Explain five terms used in documentary credits: confirmed, back-to-back, revolving, red clause, and standby letters of credit

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CORPORATE BANKING LAW AND PRACTICE – APRIL 2024 – LEVEL 4 – Q2 – Events of Default, Duties of Credit Bureaus, and Choice of Law Factors

List and explain five events of default in facility letters/term loans, state five duties of licensed credit bureaus under Act 726, and five factors influencing choice of law in international banking contracts

You're reporting an error for "CORPORATE BANKING LAW AND PRACTICE – APRIL 2024 – LEVEL 4 – Q2 – Events of Default, Duties of Credit Bureaus, and Choice of Law Factors"

CORPORATE BANKING LAW AND PRACTICE – APRIL 2024 – LEVEL 4 – Q1 – Realization of Collateral without Court Order and Distribution of Proceeds

Outline the steps for a lender to realize collateral without a court order using BOG Notice and Act 1052, and explain the distribution of sale proceeds under Section 70(1).

You're reporting an error for "CORPORATE BANKING LAW AND PRACTICE – APRIL 2024 – LEVEL 4 – Q1 – Realization of Collateral without Court Order and Distribution of Proceeds"

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