Topic: Conflicts of Law

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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 – Q3 – Assets as Security in Banking

Describe types of assets used as security and considerations for lenders in accepting them.

a) Describe the type of assets used by borrowers as security in banking transactions.

b) What must be considered by the lender in accepting assets as security?

(30 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 – 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 transactions, tax avoidance schemes, and not selecting governing law in cross-border agreements.

QUESTION TWO

Explain the legal implications of the following:

(a) Letter of comfort

(b) Rescheduling in term loan agreements

(c) Discrepancy in documents in international banking transactions

(d) Tax avoidance schemes

(e) Not selecting expressly the governing law in cross-border loan agreements.

(Each answer carries 6 Marks)

(Total: 30 Marks)

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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.

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)

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CBLP – APRIL 2023 – L4 – Q4 – Documentary Credits under UCP 600

Define documentary credit under UCP 600 and describe contractual relations between parties.

a) Under the ICC Uniform Customs and Practice for Documentary Credits (UCP) 600, how is a documentary credit defined? (10 Marks)

b) Describe the contractual relations between the parties to documentary credits. (10 Marks)

(Total: 20 Marks)

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PBL – APR 2024 – L1 – Q6 – Bank Duties to Customers and Secrecy Limitations

Discuss bank duties to customers and limitations on secrecy duty.

(a) Discuss the Duties of a Bank to its Customer under the Bank/Customer Relationship. (15 marks)

(b) What are the limitations to the Duty of Secrecy and Confidentiality? (5 marks)

(Total – 20 marks)

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PBL – APR 2024 – L1 – Q5 – Features of a Private Company

Describe the key features of a private company.

Describe the features of a Private Company.

(20 marks)

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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 – Q3 – Assets as Security in Banking

Describe types of assets used as security and considerations for lenders in accepting them.

a) Describe the type of assets used by borrowers as security in banking transactions.

b) What must be considered by the lender in accepting assets as security?

(30 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 – 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 transactions, tax avoidance schemes, and not selecting governing law in cross-border agreements.

QUESTION TWO

Explain the legal implications of the following:

(a) Letter of comfort

(b) Rescheduling in term loan agreements

(c) Discrepancy in documents in international banking transactions

(d) Tax avoidance schemes

(e) Not selecting expressly the governing law in cross-border loan agreements.

(Each answer carries 6 Marks)

(Total: 30 Marks)

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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.

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)

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CBLP – APRIL 2023 – L4 – Q4 – Documentary Credits under UCP 600

Define documentary credit under UCP 600 and describe contractual relations between parties.

a) Under the ICC Uniform Customs and Practice for Documentary Credits (UCP) 600, how is a documentary credit defined? (10 Marks)

b) Describe the contractual relations between the parties to documentary credits. (10 Marks)

(Total: 20 Marks)

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PBL – APR 2024 – L1 – Q6 – Bank Duties to Customers and Secrecy Limitations

Discuss bank duties to customers and limitations on secrecy duty.

(a) Discuss the Duties of a Bank to its Customer under the Bank/Customer Relationship. (15 marks)

(b) What are the limitations to the Duty of Secrecy and Confidentiality? (5 marks)

(Total – 20 marks)

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PBL – APR 2024 – L1 – Q5 – Features of a Private Company

Describe the key features of a private company.

Describe the features of a Private Company.

(20 marks)

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