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BANKING LAW

CODE 24675
ACADEMIC YEAR 2022/2023
CREDITS
  • 6 cfu during the 3nd year of 8699 ECONOMIA E COMMERCIO(L-33) - GENOVA
  • 6 cfu during the 3nd year of 7995 GIURISPRUDENZA(LMG/01) - GENOVA
  • 6 cfu during the 4th year of 7995 GIURISPRUDENZA(LMG/01) - GENOVA
  • 6 cfu during the 5th year of 7995 GIURISPRUDENZA(LMG/01) - GENOVA
  • 6 cfu during the 5th year of 7996 GIURISPRUDENZA(LMG/01) - IMPERIA
  • 6 cfu during the 3nd year of 10842 SERVIZI LEGALI ALL'IMPRESA E ALLA PUBBLICA AMMINISTRAZIONE (L-14) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/05
    LANGUAGE Italian
    TEACHING LOCATION
  • GENOVA
  • IMPERIA
  • SEMESTER 1° Semester
    PREREQUISITES
    Prerequisites
    You can take the exam for this unit if you passed the following exam(s):
    • Economics 8699 (coorte 2020/2021)
    • INSTITUTES IN PRIVATE LAW 41135
    • 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 AULAWEB

    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.

    The in presence, online or hybrid nature of classes will depend on the University's teaching guidelines in force at the time.

    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. 

    As regards the academic year 2022/23 (please check on Aulaweb for updated information), the recommended material is the following: 

    1. Brescia Morra, Il diritto delle banche, il Mulino, 2020 (or most recent edition)
    2. Material uploaded on Aulaweb (section dedicated to non-attending students)
    3. 2 chapters (out of the 6 indicated) from the book: Paracampo (ed.), FINTECH Seconda edizione riveduta e aggiornata, (Giappichelli, 2019)

    TEACHERS AND EXAM BOARD

    Exam Board

    EUGENIA MACCHIAVELLO (President)

    MARCO ARATO

    CHRISTIAN MEZZANO

    ANDREA PERICU

    LESSONS

    LESSONS START

    1° sem.: 19 September 2022

     

    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.

    Foreign, disabled and other persons needing special attention can contact the teacher for dedicated answers and solutions.

    Exam schedule

    Date Time Location Type Notes
    19/12/2022 09:00 GENOVA Orale
    10/01/2023 09:00 GENOVA Orale
    30/01/2023 09:00 GENOVA Orale
    05/06/2023 09:00 GENOVA Orale
    19/06/2023 09:00 GENOVA Orale
    07/07/2023 09:00 GENOVA Orale
    11/09/2023 09:00 GENOVA Orale

    FURTHER INFORMATION

    Attendance to the course is recommended but not compulsory