BANKING LAW

BANKING LAW

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Code
24675
ACADEMIC YEAR
2019/2020
CREDITS
6 credits during the 3nd year of 8699 Economics (L-33) GENOVA

6 credits during the 3nd year of 8709 LEGAL SERVICES IN BUSINESS AND PUBLIC ADMINISTRATION (L-14) GENOVA

SCIENTIFIC DISCIPLINARY SECTOR
IUS/05
LANGUAGE
Italian
TEACHING LOCATION
GENOVA (Economics)
semester
1° Semester
Prerequisites
Teaching materials

OVERVIEW

The course aims at providing students with adequate instruments to understand and critically analyze the banking sector from the legal point of view. We will examine banking regulation (prudential regulation/supervision and contracts), taking into accout recent developments and scientific debates within the sector, both nationally and internationally, and using seminars to analyze the most interesting and relevant to banking law cases, while developing research and critical analysis skills. 

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to provide students with adequate instruments to understand and critically analyze banking sector from the legal point of view. We will examine banking regulation (with a focus on Italian law but looking also at the European and International levels) with reference, as an example, to the rules about the taking up and pursuit of banking activity, ownership of banks, supervision (e.g. regulatory supervision about governance, risk management, own funds, etc.), crisis management, etc. and regulation pertaining banking contracts (client protection, consumer protection, transparency) also with an overview of the main banking contracts. The above mentioned analysis will take into account the most recent developments and scientific debates within the sector, both nationally and internationally. Furthermore, the course will include seminars, where students will have the opportunity to analyze, under the guidance of the professor but at the same time developing their own research, analysis and presentation skills, the most interesting and relevant to banking law cases. Attendance is particularly recommended to foreign students in order to receive specific support by the professor. The professor is in any case available for questions and other requests.

AIMS AND LEARNING OUTCOMES

The active participation to the course (lectures and seminars) will allow students to: 

- gain knowldge of banking regulation (prudential regulation and supervision as well as contracts);

- understand the reasons and reasoning behind the adoption of each rule;

- apply the rules to specific cases and new phenomena (Fintech, crowdfunding, etc.);

- be exposed to current discussions at national and international level, potentially leading to future regulatory reforms in the sector;

- develop research, analysis and reasoning skills, ability to present their research to an adience and participate to the discussion

- improve the ability to work in group;

- develop the ability to link different topics, even from different courses.

PREREQUISITES

Having passed the exam and participated to the classes of the business law course is highly recommended. 

Teaching methods

Lessons (with active participation of students) and seminars (with presentations by students).

SYLLABUS/CONTENT

Part I: Introduction and basic notions

  1. The hisotry of banks 
  2. The legal notion of bank and banking activity.
    1. Bank and banking activity in the law.
    2. Specialty of banks after the financial crisis
    3. Non-bank financial institutions: 106 TUB, payment institutions, e-money institutions and others (taking into account PSD 2 reform).
    4. Types of activities reserved to banks, of bank permissible activities, prohibited activities.
  3. Supervisory Architecture:
    1. Italian Banking Authorities
    2. Recent developments in European Banking Supervision: ESRB, ESAs (in particular, EBA) and the Banking Union (and the role of the ECB in banking supervision).
    3. Other authorities and division of competences
  4. European and International Perspective
    1. Evolution of banking supervision and regulation in Europe (European passport, home country control, Banking Union) 
    2. International authorities: Basel Committee on Banking Supervision, FSB, etc.
    3. Future reforms

Part II: Regulation of banks as special firms 

  1. Applicable law. Prudential regulation.
    1. Sources of law
    2. Authorisation process and requirements 
    3. Prudential supervision (eg capital requirements, corporate governance, containement of risks)
    4. Supervisory powers and measures 
    5. Banking groups
    6. Banking crises and resolutions
    7. Deposit guarantee schemes 
  2. Types of banks and regulation 
    1. Mutual banks 
    2. Public banks and banking foundations 
    3. Ethical banks
  3. Sanctions

Part III: Regulation of banks as contractual counterparty.

  1. Applicable law.
  2. General aspects and some particular clauses (unilateral modification, anatocism, interest rates and usury.
  3. Cosumer protection and special regimes (consumer credit and residential mortgages)
  4. Overview of different types of banking contracts 

In the last years, the course has been complemented by seminars addressing practical cases or certain topics deserving special attention to better understand banking regulation, such as: microcredit, peer-to-peer lending, Bitcoin, online banking, fintech banks, Antonveneta, Monte dei Paschi di Siena, Carige, Fortis-Dexia, 'four banks' cases, islamic finance, Brexit. 

RECOMMENDED READING/BIBLIOGRAPHY

Textbook and recommended material will be specified on Aulaweb

TEACHERS AND EXAM BOARD

Ricevimento: During the first semester; Monday, from 10.20 to 12.20, at Di.Gi., second floor, room 8, Via Vivaldi 22.  During the second semester: by appointment, scheduled through an email (eugenia.macchiavello@unige.it). 

Exam Board

EUGENIA MACCHIAVELLO (President)

ANDREA PERICU

MARCO ARATO

LESSONS

Teaching methods

Lessons (with active participation of students) and seminars (with presentations by students).

LESSONS START

1° sem.

16 sept. 2019 - 13 dec. 2019

ORARI

L'orario di tutti gli insegnamenti è consultabile su EasyAcademy.

Vedi anche:

BANKING LAW

EXAMS

Exam description

Oral exam but active participation in class and presentations and comments at seminars will be taken into account for the final grade of students regularly attending classes. A mid-term written exam might take place for students regularly attending classes under the condition that students will keep attending other courses during the exam preparation. Students who fail the oral exam can repeat it with no limitations

Assessment methods

The exam will assess the students' knowledge of the topics in the syllabus, their understanding of the reasons and reasoning behind each rule, their ability to link different topics, develop a legal reasoning and discuss problematic legal issues, 

Exam schedule

Date Time Location Type Notes
20/07/2020 09:00 GENOVA Orale
07/09/2020 09:00 GENOVA Orale

FURTHER INFORMATION

Attendance to the course is recommended but not compulsory