CODE 103980 ACADEMIC YEAR 2024/2025 CREDITS 6 cfu anno 3 DIRITTO ED ECONOMIA DELLE IMPRESE 11122 (L-14) - LA SPEZIA 6 cfu anno 3 DIRITTO ED ECONOMIA DELLE IMPRESE 11122 (L-18) - LA SPEZIA SCIENTIFIC DISCIPLINARY SECTOR IUS/05 LANGUAGE Italian TEACHING LOCATION LA SPEZIA SEMESTER 2° Semester PREREQUISITES Propedeuticità in ingresso Per sostenere l'esame di questo insegnamento è necessario aver sostenuto i seguenti esami: LAW AND BUSINESS ADMINISTRATION 11122 (coorte 2022/2023) LAW OF OBLIGATIONS AND CONTRACTS 103723 2022 CONSTITUTIONAL SYSTEM AND FUNDAMENTAL RIGHTS 103725 2022 TEACHING MATERIALS AULAWEB OVERVIEW The course aims at providing students with adequate instruments to understand and critically analyze the financial sector from the legal point of view. We will examine prudential regulation, conduct of business rules and the main contracts, taking into account 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 AIMS AND LEARNING OUTCOMES Knowledge and understanding: the students will acquire adequate knowledge and understanding of the main concepts and rules in the area of banking law, capital markets and competition (with particular regard to TUB, TUF and EU law) (advanced alphabetic-functional competence with open badge) Ability to apply knowledge and understanding. The students will be able to apply the knowledge to practical cases, conduct research and understand and solve technical issues emerging in practice in deploying technology to the financial sector Critical and autonomous thinking. The students will develop the ability to use and apply their knowledge from a theoretical and practical point of view in different contexts, with autonomous critical thinking (advanced personal compentence with open badge) Communication skills. The students will acquire the ability to use the technical language used by lawyers and by the financial sector to communicate with professionals, experts but also the general public; thanks to the participation to the seminars and work groups, students will develop soft skills (presentation, communication, team work: advanced social competence; creative competence with open badge) Learning skills. The students will develop learning skills which will allow them to keep deepen independently new issues and future applications in the area of financial markets and to adequately deal with the challenges that might emerge in their future working context (advanced learn how to learn competence with open badge). TEACHING METHODS Lessons (with active participation of students; instant pools, case-based learning) and seminars (with presentations by students; project-based and case-based teaching; team based learning, debate, etc.). SYLLABUS/CONTENT Part I: Introduction and basic notions The financial sector in historical perspective. Principles and structure of financial regulation and supervision The legal notion of bank and banking activity. Bank and banking activity in the law. Authorisation Specialty of banks after the financial crisis Non-bank financial institutions: 106 TUB, payment institutions, e-money institutions and others (taking into account PSD 2 reform). Types of activities reserved to banks, of bank permissible activities, prohibited activities. Financial market and investment services Notion of financial product, financial instruments and investment services Activity reserved to investment firms and authorisation Supervisory Architecture: Italian financial Authorities Recent developments in European Financial Regulation and Supervision: Lamfalussy and the European passport; ESRB, ESAs and the Banking Union (and the role of the ECB in banking supervision); Capital Markets Union Other authorities and division of competences International authorities: Basel Committee on Banking Supervision, FSB, etc. Part II: Regulation of financial intermediaries. Prudential regulation Rules and instruments of prudential regulation and supervision. Sources of law groups; crises and resolutions Deposit guarantee schemes and investor protection systems Part III: Regulation of financial intermediaries: conduct rules and contracts Applicable law. General regimes (banking, investment) Special regimes Cosumer protection and special regimes (consumer credit and residential mortgages) Aspects of competition law Part IV: Sustainable finance Sustainable development; role of sustainable finance Notion and characteristics of sustainable finance; limits and obstacles; EU action plan; focus on EU green taxonomy, SFDR, review of delegated acts of MiFID II, AIFMD/UCITS, climate-related benchmark regulation, Ecolabel, EU Green bond standards, CSRD; ISSB; sustainability and prudential regulation. Part V: competition law The course will be complemented by seminars prepared by group of students (on a voluntary basis, obtaining additional points and 4 open badges) addressing practical cases or certain topics deserving special attention to better understand banking regulation, such as: microcredit, peer-to-peer lending and investment-based crowdfunding, virtual currencies, crypto-assets and stablecoin, online banking, fintech banks, Antonveneta, Monte dei Paschi di Siena, Carige, Fortis-Dexia, 'four banks' cases, islamic finance, Brexit, Big tech, Amazon lending, Gamestop, Wirecard, etc.. RECOMMENDED READING/BIBLIOGRAPHY Please see the course's page on Aulaweb for updated information. TEACHERS AND EXAM BOARD EUGENIA MACCHIAVELLO Ricevimento: A meeting (in presence or through Teams) with the teacher can be agreed writing an e-mail to eugenia.macchiavello@unige.it Anyway, Prof. Macchiavello is generally available: - in La Spezia, right before the start of classes on Thursdays - In Genoa, at the Department of law - business and economic law section, via Balbi 22, second floor, stair on the left on Mondays and Tuesdays and at the Department of economics, second floor, room 8, Via Vivaldi right before/after classes Exam Board EUGENIA MACCHIAVELLO (President) MATTEO GARGANTINI CHRISTIAN MEZZANO (Substitute) LUISA NENCI (Substitute) CHIARA VALENTI (Substitute) LESSONS LESSONS START February 2025 Class schedule The timetable for this course is available here: Portale EasyAcademy EXAMS EXAM DESCRIPTION Oral exam aimed at verifying both the general understanding of the area of study and the knowledge on specific topics. For students participating to classes (at least 60%) there might be the possibility to take a mid-term exam on the first part of the syllabus. The final grade will be then be determined by the average of mid-term grade and the oral exam grade plus possible additional points received with the active participation in class and seminars/working groups. ASSESSMENT METHODS Students will be graded based on a oral exam, with questions to test their knowledge about specific topics but also about the underlying rationales of financial regulation and reasoning. For students attending 60%, a mid-term exam might contribute to the final grade and additional points granted based on the active participation in class and the preparation of presentations in working groups classes. Students with a disability or SLD certification may request the use of compensatory measures (e.g. additional time, concept maps and diagrams, modifications in the written/oral mode) during the examination, following the procedure indicated in the guidelines (p. 5) published here. Exam schedule Data appello Orario Luogo Degree type Note 16/12/2024 11:00 GENOVA Orale 16/01/2025 10:30 LA SPEZIA Orale 30/01/2025 10:30 LA SPEZIA Orale 29/05/2025 10:30 LA SPEZIA Orale 19/06/2025 10:30 LA SPEZIA Orale 10/07/2025 10:30 LA SPEZIA Orale 11/09/2025 10:30 LA SPEZIA Orale Agenda 2030 - Sustainable Development Goals Decent work and economic growth Industry, innovation and infrastructure Responbile consumption and production Climate action Peace, justice and strong institutions Partnerships for the goals OpenBadge PRO3 - Soft skills - Alfabetica avanzato 1 - A PRO3 - Soft skills - Personale avanzato 1 - A PRO3 - Soft skills - Sociale avanzato 1 - A PRO3 - Soft skills - Creazione progettuale base 1 - A PRO3 - Soft skills - Imparare a imparare base 1 - A