Mcq (New Topics-special Laws) - Part (14)

1. That a deposit is in the nature of a loan – a. Is inconsistent with the fiduciary duty imposed on banks in the handling thereof. b. Means that the same may be classified as a preferred credit. c. Means that the bank which has loaned the depositor money has a right to compensation if both loan obligations are already due and demandable, even without prior consent of the depositor. d. Means that in cases where banks are placed under receivership or liquidation, a depositor has no other means to recover on his deposit except through such receivership and liquidation proceedings where he will be treated as a creditor of the bank. 2. A time deposit differs from a demand deposit in that – a. Numbered accounts are not allowed for time deposits, but are allowed for demand deposits. b. Instruments issued pursuant to a time deposit are generally non-negotiable, while instruments issued pursuant to a demand deposit are negotiable. c. Funds in time deposit account earn interest, while funds in a demand deposit account cannot earn interest. d. Funds in a time deposit account cannot be withdrawn at any time, while funds in a demand deposit account can. 3. A bank dishonors a check drawn against an account with insufficient funds. Under which circumstances can the bank be held liable for such dishonor? a. If the depositor has another account in the bank with sufficient funds to cover the amount of the check drawn but the bank did not apply such funds to cover said check.  b. If the bank did not notify the depositor that it had  previously availed of its legal right to compensation and applied the funds in the checking account in payment of

depositor’s loan to the bank resulting in the insufficiency of the funds to cover the amount of the check drawn. c. If before dishonoring the check, the bank did not notify the depositor that his funds are insufficient to cover the amount of the check drawn as to give him an opportunity to deposit sufficient funds. d. If the bank does not allow the depositor to deposit the funds needed to cover the check drawn within a reasonable time after presentment in order to avoid dishonor of said check. 4. A Bank is liable to the depositor if it allows withdrawal of the funds in the depositor’s account by someone who is not actually authorized by the depositor, but who – a. Presents the passbook and a withdrawal slip signed by the depositor.  b. Surrenders the certificate of time deposit.

c. Appears as an authorized signatory of a corporate depositor in the latest board resolution submitted to the bank, but is actually no longer connected with the corporate depositor. d. Appears in the bank records as the depositor but is actually merely a trustee for the true owner of the funds. 5. What can a bank lawfully do or omit to do without violating its duty to exercise extraordinary diligence in the handling of deposits? a. Allowing a crossed check to be cashed provided that the payee is personally known to the bank. b. Accepting as deposit a check which is not indorsed by the payee, provided that the check is a manager’s check. c. Closing a demand deposit account with prior notice to a depositor who has been misusing such account repeatedly overdrawing against it. d. Disclosing information regarding “and/or” savings account  where one of the two depositors has given his written  permission for such disclosure.