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Course 2018-2019 a.y.

50063 - BANKING LAW

Department of Law

Course taught in English


Go to class group/s: 31

CLELI (6 credits - II sem. - OP  |  IUS/05)
Course Director:
ANDREA GIANNELLI

Classes: 31 (II sem.)
Instructors:
Class 31: ANDREA GIANNELLI


Prerequisites

None. However, some familiarity with corporate structure and capital markets in general may be useful.


Mission & Content Summary
MISSION

The course is designated to familiarise students with the key principles relating to modern banking law. Two main areas are covered: the first part of the course is dedicated to analyse 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.

CONTENT SUMMARY
  • Introduction.
  • 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.
  • 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 secured financing.
  • 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.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Define what a bank is and what activities it is entitled to carry out. In addition, students will be able to identify and illustrate various types of complex transactions that banks engage on the market.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Analyze and interpret EU banking regulation.
  • Assess proposal of new banking regulation 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.

Teaching methods
  • Face-to-face lectures
  • Online lectures
  • Individual assignments
  • Group assignments
  • Interactive class activities (role playing, business game, simulation, online forum, instant polls)
DETAILS

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.


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •     x
  • Individual assignment (report, exercise, presentation, project work etc.)
  • x    
  • Group assignment (report, exercise, presentation, project work etc.)
  • x    
    ATTENDING STUDENTS
    • Written exam.
    • During the second part of the course, students attending the class have the possibility to give an individual or a  group presentation relating to the topics to be discussed during the relevant lesson. 
    • Students not presenting a group assignment  are not able to achieve the maximum evaluation.
    NOT ATTENDING STUDENTS
    • Written exam.
    • Not possible to participate to group assigments.

    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS
    • Textbooks are provided at the beginning of the course.
    • Exam textbooks & Online Articles (check availability at the Library).
    Last change 07/06/2018 10:25