Highlights on Overview of Banks, Specialised Deposit-Taking Institutions, Financial Holding Company, and Deposit Taking Microfinance Institution

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Meaning of a Bank - Section 156 of the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930)

A body corporate which engages in the deposit-taking business and is issued with a banking licence in accordance with this Act;

For an entity to be considered a bank, there must be:

  1. Incorporation.
  2. A banking licence.
  3. Engagement in deposit taking business.
Meaning of Deposit Taking Business – Section 156 of Act 930

This means the business of

  1. Taking money on deposit and making loans or other advances of money; and
  2. Financial activities prescribed by the Bank of Ghana for purposes of this definition;
Meaning of a Bank – United Dominion Trust Ltd v. Kirkwood [1966] 1 All ER 968

Per Lord Denning,

There are, therefore, two characteristics usually found in bankers today:

  1. they accept money from, and collect cheques for, their customers and place them to their credit;
  2. they honour cheques or orders drawn on them by their customers when presented for payment and debit their customers accordingly. These two characteristics carry with them also a third, namely,
  3. they keep current accounts, or something of that nature, in their books in which the credits and debits are entered.

Those three characteristics are much the same as those stated in Paget’s Law of Banking (6th Edn) (1961), p 8: “No-one and nobody, corporate or otherwise, can be a ‘banker’ who does not (i) take current accounts; (ii) pay cheques drawn on himself; (iii) collect cheques for his customers.”

Meaning of Specialised Deposit-Taking Institution – Section 156 of Act 930

This is:

A body corporate which engages in the deposit-taking business and is issued with a licence to engage in the deposit-taking business in accordance with this Act.

For an entity to be considered a specialised deposit-taking institution, there must be:

  1. Incorporation.
  2. Engagement in deposit taking business.
  3. A licence to engage in the deposit taking business.
Meaning of Deposit Taking Microfinance Institution – Section 156 of Act 930

This is

A company that controls a bank or a specialised deposit-taking institution which is subject to registration requirements under this Act;

Meaning of Deposit Taking Microfinance Institution – Section 156 of Act 930

This is

A specialised deposit-taking institution engaged primarily in the provision of deposit-taking and credit services targeted at low income clients and the economically active poor;

The End
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