BANKING LAW

iten
Code
24675
ACADEMIC YEAR
2021/2022
CREDITS
6 credits during the 3nd year of 8699 Economics (L-33) GENOVA

6 credits during the 3nd year of 7995 LAW (LMG/01) GENOVA

6 credits during the 5th year of 7995 LAW (LMG/01) GENOVA

6 credits during the 4th year of 7995 LAW (LMG/01) GENOVA

6 credits during the 5th year of 7996 LAW (LMG/01) IMPERIA

6 credits during the 3nd year of 10842 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
Prerequisites
You can take the exam for this unit if you passed the following exam(s):
  • Economics 8699 (coorte 2017/2018)
  • INSTITUTES IN PRIVATE LAW 41135
  • INSTITUTIONS OF PUBLIC LAW 66707
  • Economics 8699 (coorte 2018/2019)
  • INSTITUTES IN PRIVATE LAW 41135
  • INSTITUTIONS OF PUBLIC LAW 66707
  • Economics 8699 (coorte 2019/2020)
  • INSTITUTES IN PRIVATE LAW 41135
  • INSTITUTIONS OF PUBLIC LAW 66707
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 at providing 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 and consumer protection; transparency, unilaterally modification, usury, etc.) 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.

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). The attendance to the latter is mandatory only for CLEC students.

During the academic year 2020/2021, lessons were primarily offered online in the days and time indicated (deploying innovative teaching techniques such as instant polls, auto-evaluation tests, forums, glossary, team-based learning to review and auto-assess its knowledge before the exams), with some in-person meetings where the pandemic and health situation allowed it. Videos of the lectures were posted online to offer the opportunity not to miss a class in case of impediments. 

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, virtual currencies, online banking, fintech banks, Big tech in the financial sector, islamic finance, Brexit, sustainable finance, practical cases related to the following 'scandals': Antonveneta, Monte dei Paschi di Siena, Carige, Fortis-Dexia, Venetian banks, 'four banks'.

RECOMMENDED READING/BIBLIOGRAPHY

Textbook and recommended material will be specified on Aulaweb, with differentiations for attending (60% of presence to online classes) and not-attending students. The latter will be required to study on the recommended manual as well as on additional material posted on aulaweb. However, they can discuss with the Professor the possibility to watch the recorded lectures online and prepare the exam on the same together with the slides. Anyway, the presence and participation to classes is highly recommended for the opportunity to interact and discuss with the Professor. Foreign students who feels the need to have a dedicated programme/syllabus, might contact the Professor to discuss such issue. 

TEACHERS AND EXAM BOARD

Office hours: During the first semester 2020: through Teams platform right after the lessons hours (Monday and Friday 10.20 - 12-30) or when agreed with the Professor. When in-presence classes are resumed: Monday, from 10.20 to 12.20, at Di.Gi., second floor, room 8, Via Vivaldi 22.  After the end of the lessons and during the second semester: by appointment, scheduled through an email (eugenia.macchiavello@unige.it). 

Exam Board

EUGENIA MACCHIAVELLO (President)

MARCO ARATO

ANDREA PERICU

LESSONS

TEACHING METHODS

Lessons (with active participation of students) and seminars (with presentations by students). The attendance to the latter is mandatory only for CLEC students.

During the academic year 2020/2021, lessons were primarily offered online in the days and time indicated (deploying innovative teaching techniques such as instant polls, auto-evaluation tests, forums, glossary, team-based learning to review and auto-assess its knowledge before the exams), with some in-person meetings where the pandemic and health situation allowed it. Videos of the lectures were posted online to offer the opportunity not to miss a class in case of impediments. 

LESSONS START

1° sem.

 

Class schedule

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 conditional on students taking and receive positive feedbacks on periodic auto-evaluation tests, attendance of other courses during the exam preparation (and as long as the epidemiologic and sanitary situation allows it). Students who fail the oral exam can repeat it with no limitations. Students non regularly attending classes might be required to present a research/report to show their ability to apply norms and critically analyse them. 

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. Through seminars (and individua research and reports agreed with the Professor of the course in case of non-attending students) students will be assessed for their ability to critically analyze topics and cases and apply rules to the same.

Exam schedule

Date Time Location Type Notes
10/01/2022 09:00 GENOVA Orale
07/02/2022 09:00 GENOVA Orale
06/06/2022 09:00 GENOVA Orale
27/06/2022 09:00 GENOVA Orale
15/07/2022 09:00 GENOVA Orale
05/09/2022 09:00 GENOVA Orale

FURTHER INFORMATION

Attendance to the course is recommended but not compulsory