Banking · Documentation and Legal Entities
Consider the following statements regarding bank documentation protocols for different legal entities: Statement 1: For a limited company, the bank must ensure execution is authorized by a Board Resolution under the Companies Act, 2013, specifying authorized officials. Statement 2: For an Equitable Mortgage, the Memorandum of Entry should be an internal record of a past deposit transaction and not signed by the mortgagor to avoid compulsory registration requirements under the Registration Act, 1908. Statement 3: For a Partnership Firm, a Partnership Letter is obtained to establish joint and several liability and govern account operations. Which of the following summaries regarding these statements is most accurate?
- 1Only Statement 1 and Statement 2 are legally relevant to modern banking as the Limited Liability Partnership (LLP) Act has entirely replaced traditional partnership documentation.
- 2Statement 2 is legally flawed because every Memorandum of Entry must be compulsorily registered under the Registration Act regardless of who signs it.
- 3All three statements accurately describe the standard legal documentation risk mitigation practices for different entity structures under Indian law.✓
- 4Statement 1 is flawed because the Doctrine of Indoor Management completely protects the bank even if no board resolution exists on record.
Correct answer
All three statements accurately describe the standard legal documentation risk mitigation practices for different entity structures under Indian law.
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