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.
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.
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.
Having passed the exam and participated to the classes of the business law course is highly recommended.
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 will be 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), without excluding the possibility to organize some in-person meetings where the pandemic and health situation would allow it. Videos of the lectures might be posted online to offer the opportunity not to miss a class in case of impediments.
Part I: Introduction and basic notions
Part II: Regulation of banks as special firms
Part III: Regulation of banks as contractual counterparty.
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, Antonveneta, Monte dei Paschi di Siena, Carige, Fortis-Dexia, 'four banks' cases, islamic finance, Brexit, Big tech, Amazon lending.
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.
Ricevimento: During the first semester 2020: right after the lessons hours (Monday and Friday 10.20 - 12-30) or when agreed with the Professor. When and if 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).
EUGENIA MACCHIAVELLO (President)
MARCO ARATO
ANDREA PERICU
1° sem.
14 Sept. 2020 - 11 Dec. 2020
BANKING LAW
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.
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.
Attendance to the course is recommended but not compulsory
