50063 - BANKING LAW
CLMG - M - IM - MM - AFC - CLEFIN-FINANCE - CLELI - ACME - DES-ESS - EMIT - GIO
Course taught in English
Go to class group/s: 31
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.
- 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.
Attending students have the possibility of presenting individual or group assignments to be agreed during the second part of the course.
Textbooks are provided at the beginning of the course.
None. However, some familiarity with corporate structure and capital markets in general may be useful.