50063 - BANKING LAW
Course taught in English
Go to class group/s: 31
None. However, some familiarity with corporate structure and capital markets in general may be useful.
The course is designated to familiarize students with the key principles relating to modern banking law. Two main areas are covered: the first part of the course is dedicated to analyze the main principles of banking regulation with a particular focus on EU Directives relating to banks and banking activities; the second part of the course is aimed at discussing different types of transactions entered into by banks, both for funding purposes and for the purpose to provide credit to clients. In this latter regard, a particular attention is given to structured finance transactions.
- Banking regulation in the EU: scope, objectives.
- Banks and free movement rules; the harmonised regulatory regime applicable to banks.
- Investment banking vs retail banking.
- The principles of supervision over banks. The Banking Union.
- Banks' capital structure and different types of securities issued by banks (shares, bonds, hybrid securities to satisfy regulatory capital requirements).
- Banks' crisis regulation.
- Syndicated bank loans and and internation standards of facility agreements.
- Proprietary security interests (mortgage, charge, pledge) and quasi-security interests.
- Securitisations and asset-backed securities.
- Project finance and other asset finance transactions.
- Intercreditor arrangements with a particular focus on orders of priority among creditors and subordination.
- Derivative transactions: legal definitions and contractual framework.
- Define what a bank is and what activities it is entitled to carry out.
- Identify and illustrate various types of complex transactions that banks engage on the market.
- Analyze and interpret EU banking regulation.
- Assess impact of new banking regulation implemented in the context of the post-financial crysis reforms.
- Evaluate banking transactions from a risk assessment and contractual protection perspective.
- Examine and compare pros and cons of different structures in order to achieve the best credit protection for a bank.
- Face-to-face lectures
- Online lectures
- Guest speaker's talks (in class or in distance)
- Individual assignments
- Group assignments
- Interactive class activities (role playing, business game, simulation, online forum, instant polls)
Due to the particular nature and structure of the course, class attendance is essential. The material necessary for the preparation of the exam are available on the Bboard platform of the course, divided by argument and uploaded in from time to time during the course. Additional readings may be added to an already distributed reading list on a given topic, following discussion in class and/or regulatory developments during the course. Any such updates are announced in class and reflected on the relevant reading list posted on the course Bboard platform. Students are responsible for obtaining an updated reading list from the course Bboard platform. Students attending the classes are requested to review the material before the relevant lesson.
|Continuous assessment||Partial exams||General exam|
- Written exam.
- During the second part of the course, students attending the class have the possibility to prepare an individual or a group assignment relating to the topics indicated by the teacher following the mid-term break.
- Students not presenting a group or individual assignment will not be able to achieve the maximum evaluation.
- Written exam.
- Still possible to participate to group / individual assigments.
- Students not presenting a group or individual assignment will not be able to achieve the maximum evalutation.
- Textbooks are provided at the beginning of the course.
- Exam textbooks & Online Articles (check availability at the Library).