- 20 Marks
LPB – APR 2016 – L3 – Q1 – Definition of Bank Customer and Duties Owed by Bank
Explain what constitutes a bank customer under Ghanaian banking law, given the Banking Act 2004's definitions of banking business but lack of customer definition; list five duties a bank owes to its customer arising from the contractual relationship upon account opening.
Question
(i) The Banking Act 673 of 2004 under section 3 provides that “No person other than a body corporate incorporated in Ghana shall carry on the business of banking in Ghana.” And $90 also provides that “Banking business” means:
(a) accepting deposits of money from the public, repayable on demand or otherwise and withdrawable by cheque, draft, orders or by any other means.
(b) financing, whether in whole or in part or by way of short-, medium- or long-term loans or advances, of trade, industry, commerce or agriculture and
(c) any other business activities that the Bank of Ghana may prescribe or recognize as being part of banking business.
The Banking Act does not define a “Customer”. Explain what makes a person a bank’s customer in banking law terms.
ii. The opening of an account by a customer with a bank involves a contractual relationship with rights and obligations both for the bank and the customer. What are 5 (five) of the duties that a bank owes its customer.
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