UPSC CSAT : Reading comprehension Home Exercise- 11 PASSAGE B

Wednesday 18 March 2015

Reading comprehension Home Exercise- 11 PASSAGE B


Internet banking is a potential legal nightmare, “there can be as many as 200 legal systems with which any one internet banking transaction may have to comply, most jurisdictions don’t recognize on- line contract formation and internet retail banking could cost your bank billions in customer claims, “says Mark Lewis, Partner at Arnheim Tite & Lewis, Price water house Cooper’s UK correspondent law firm.

Lewis adds: “you UK internet banking transactions will need to comply with the Banking Act 1987 and regulations made under it such as the Banking Act (Advertisement) Regulations 1988, as well as the Financial Services Act 1986 and the regulations made under, it the Consumer Credit act 1974 and the regulations made infer it the code of conduct for t he Advertising of interest – Bearing Accounts, the Banking Code of Practice, the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1994, the UK law implementing the proposed Directive on Distance Marketing of Financial and the proposed Directive on Certain Legal Aspects of Electronic commence in the Internal Market – and that’s   just in the Uk.”

Despite the difficulties, Lewis remains bullish, “Banks operate in a highly regulated market, but e-business is happening anyway. Can you afford to hold back while you worry about all of those 200 jurisdictions whose legal systems could stand in the way? It’s true that there are lots of legal barriers but you can find your way round same and minimize other.”

There are four principal areas of concern for anyone seeking to enter the e-banking market. The first stems from the recognition that a bank cannot go to it alone. “Apart from banks, the parties involved include network and communication providers, technology platform providers, retailers, consultants, internet service providers and so on,” says Lewis, “the key is to decide how such interests should be represented and the optimum number to make a joint venture vehicle workable bearing in mind the go to-market time for e-business projects.”

Next is the need to overcome systemic legal barriers. This is the risk that legal systems do not recognize, or else create uncertainty in banks’ legal rights and responsibilities or the effectiveness of e-banking transactions, “says Lewis.

There are new laws or initiatives on the stocks that will tackle some of these barriers. They include the proposed EU electronic commerce directive mentioned above, the UK electronic commerce bill and a proposed EU digital signatures directive. Then there is the service dependency/ liability risk- that you and your e-banking joint venture partners could face greater responsibility or liability than you should either because you have accepted it or because it is imposed upon you. “ you need to establish clear terms of engagement, allocating wish  between parties setting out the service dependencies and limiting parties ‘ liability for direct and consequential losses”, says Lewis. But the challenge is to make e-banking a worthwhile proposition for the customer.

The final component is the regulatory environment. “ The regulatory environment presents two types of risks that laws either in place or to be enacted will severely hamper your ability to undertake e-baking and the risk that you will underestimate the impact of those laws or the time it can take to manage them.”

By way of example. Lewis points to the litany to the litany of UK regulations quoted above. “Again , some regulations can be overcome while some can’t Assess the regulatory requirements at the outset; allow time than you can possibly have imagined and structure your e-banking business to gain regulatory approval. If you can’t then seek official opinions or other comfort or else work well within the limits of your proposed project or trade and be prepared to restructure it fall within the legal limits.” In short as with all massive advances in the way we live and do business, the law may be slow to catch up but that isn’t reason for not participating.

6.       In this passage the author seems to be saying that:

A.      It is not worth venturing into- e-banking as it is beset by innumerable legal wrangles.
B.      With more banks keen to explore internet banking the legal and regulatory problems remain immense, but here are ways to minimize the impact.
C.      With more banks joining the e- banking bandwagon, the need of the hour is to overcome systemic legal barriers.
D.      With e-banking becoming more of  reality, banks need to jump headlong into the rat- race

7.       With which of the following statements is Lewis least likely to agree?
A.      Banks should stay away from e-banking until the legal wrangles are sorted out
B.      Most legal systems require stronger and higher levels of proof for electronic transactions.
C.      Liability risk in e-banking is likely to arise when parties fail to foresee risks that are not usually prevalent in traditional banking.
D.      When regulatory laws are determined,  they hamper the smooth working of e-banking

8.       On the basis of the last paragraph, it can be implied that:
A.      The early  bird catches the worn
B.      There’s no use crying over spilt milk
C.      Do not pull all your eggs in one basket
D.      Nothing ventured, nothing  gained

9.       The tone of Lewis’s remarks as quoted by the author is:

A.      Cautionary
B.      Advisory
C.      Admonitory
D.      Reproving

10.   What is the meaning of word ‘litany’ as used in the penultimate paragraph?

A.      Psalm
B.      List
C.      Benediction
D.      Ditty


Answer:

6.       B    option A seems tempting but throughout the passage Lewis defends e-banking and says it is worth giving a try. Option C gets only a passing reference. Hence B.

7.       A   Lewis is of the opinion that legal wrangles should not stop banks from venturing into e-banking. Hence A.

8.       D   Lewis exhorts bankers to take a risk and minimize or circumvent legal barriers. Hence D

9.       B    Lewis shows ways and means by which legal wrangles and risks can be minimized. Hence B

10.   B    ‘litany’ is a word with religious undertones. All the words given in the options are synonyms of litany. But in the context, it specifically refers to the array of laws as applicable in the UK. Hence B.


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