law

I. The banking supervision 1. General framework. The purposes of supervision according to the Consolidated Banking Act. 2. Historical profile. The evolution of the supervisory model from the banking law of 1936 to the Consolidated Banking Act. Structural supervision and prudential supervision. 3. Types and tools of supervision. On-site and off-site checks. Information supervision, inspection supervision, regulatory supervision, consolidated supervision. Corporate governance rules. Supervision of relationship between the bank and its customers. 4. The revision of the European institutional architecture. The reasons for the European banking union. The financial crisis of 2007 and following. The new European Authorities. The Single Supervisory Mechanism (SSM) and the role of the ECB (EU Regulation no. 1024/2013). The separation between supervisory and monetary policy functions. The legal basis and legal nature of the SSM. The division of competences between the ECB and the National Competent Authorities (ECB Framework Regulation No. 468/2014). The organization and structures of the SSM. 5. Bank crisis management. The instruments of the Banking Consolidation Act and the guarantee funds of depositors. The European perspectives. Early intervention, resolution of banks (BRRD directive 2014/59 / EU and its transposition in Italy) and depositor protection systems (DGS directive 2014/49 / EU). 6. Alternative ways of solving banking crises. The recent Italian experience. II. Profiles of commercial and corporate law A. The banking company 1. The bank as an enterprise. Outlines of the history of the problem. The activities of the bank. 2. Legal form and regime of the banking company. The authorization. Enrollment in the appropriate register. 3. Banking company governance: are there any peculiarities with respect to common company law? 4. The banking company in group form. Discipline of credit groups. Credit groups and common law industrial groups. 5. Reorganization of the banking business through merger, demerger, spin-off and other operations. 6. Banking concentrations. 7. Crisis and insolvency of the banking company (reference to form I). B. Banking transactions and contracts 1. The sources of the discipline. Law and collective autonomy. The problem of the effectiveness of NUB. 2. Distinction between active and passive operations. Credit granting and savings collection activities. 3. Banking transparency. 4. The form of bank contracts and the regime of the amorphous bank contract and the single-signature contract. 5. The bank account. 6. The bank deposit. 7. Safekeeping services (securities deposit; deposit in safe deposit boxes). 8. Financing operations: mortgage; credit facility agreement; pledge; leasing. 9. Bank guarantees. 10. The bank's remuneration for the financing activity. 10.1. The commission clauses. 10.2. The interests. The anatocism and the problem of compound interest. The problem of wear. 11. The portability of the financing operation. 12. Consumer credit. C. Payment services. 1. The general provisions. 2. European discipline: between PSD1 and PSD2. 3. Payment instruments: bank check; bank transfer; direct debit from the current account; credit and debit cards. Collection management services: Riba, Mav, Rid.

A good knowledge of Institutions of Private Law, Commercial Law and Administrative Law, proven by passing the relevant exams, is a prerequisite for a successful study of banking law. It may also be very useful, given the proximity and complementarity between the two disciplines, to study banking law and the law of financial markets and intermediaries at the same time.

For the correct preparation of the exam: - constant consultation of the regulatory sources in force at the time of the examination (relevant EU sources from time to time; T.U.B. and secondary regulations of the Supervisory Authority; Civil Code) is mandatory; - students can prepare the exam on the basis of handouts and materials distributed in class.

The attendance on regular basis, although not mandatory, is recommended in order to achieve the expected learning outcomes.

The examination consists of either a written or oral examination. If the written test is adopted, it will consist of some open-ended questions to be answered by the student within a predetermined time frame (usually 1 hour). To pass the examination it is necessary to demonstrate sufficient knowledge of the positive regulation of banking companies and their activities (including contractual relations with customers), as well as the duties and powers of the banking supervisory authorities. In order to obtain a high mark, a high or excellent knowledge of the positive discipline is required, as well as an ability to systematically link the various themes and institutes and the ability to identify the solution of practical problems.

The course consists of a series of lectures during which students are encouraged to continuously interact with the teachers. The lessons illustrate the positive discipline of the various institutes, with constant reference to supranational and national regulatory sources and with in-depth discussion of practical cases (decisions of the judicial authority, decisions of arbitration bodies) useful for bringing theoretical discourse closer to empirical reality. The active and assiduous participation in the lessons is strongly encouraged in order to allow the full achievement of the training objectives.

I. The banking supervision 1. General framework. The purposes of supervision according to the Consolidated Banking Act. 2. Historical profile. The evolution of the supervisory model from the banking law of 1936 to the Consolidated Banking Act. Structural supervision and prudential supervision. 3. Types and tools of supervision. On-site and off-site checks. Information supervision, inspection supervision, regulatory supervision, consolidated supervision. Corporate governance rules. Supervision of relationship between the bank and its customers. 4. The revision of the European institutional architecture. The reasons for the European banking union. The financial crisis of 2007 and following. The new European Authorities. The Single Supervisory Mechanism (SSM) and the role of the ECB (EU Regulation no. 1024/2013). The separation between supervisory and monetary policy functions. The legal basis and legal nature of the SSM. The division of competences between the ECB and the National Competent Authorities (ECB Framework Regulation No. 468/2014). The organization and structures of the SSM. 5. Bank crisis management. The instruments of the Banking Consolidation Act and the guarantee funds of depositors. The European perspectives. Early intervention, resolution of banks (BRRD directive 2014/59 / EU and its transposition in Italy) and depositor protection systems (DGS directive 2014/49 / EU). 6. Alternative ways of solving banking crises. The recent Italian experience. II. Profiles of commercial and corporate law A. The banking company 1. The bank as an enterprise. Outlines of the history of the problem. The activities of the bank. 2. Legal form and regime of the banking company. The authorization. Enrollment in the appropriate register. 3. Banking company governance: are there any peculiarities with respect to common company law? 4. The banking company in group form. Discipline of credit groups. Credit groups and common law industrial groups. 5. Reorganization of the banking business through merger, demerger, spin-off and other operations. 6. Banking concentrations. 7. Crisis and insolvency of the banking company (reference to form I). B. Banking transactions and contracts 1. The sources of the discipline. Law and collective autonomy. The problem of the effectiveness of NUB. 2. Distinction between active and passive operations. Credit granting and savings collection activities. 3. Banking transparency. 4. The form of bank contracts and the regime of the amorphous bank contract and the single-signature contract. 5. The bank account. 6. The bank deposit. 7. Safekeeping services (securities deposit; deposit in safe deposit boxes). 8. Financing operations: mortgage; credit facility agreement; pledge; leasing. 9. Bank guarantees. 10. The bank's remuneration for the financing activity. 10.1. The commission clauses. 10.2. The interests. The anatocism and the problem of compound interest. The problem of wear. 11. The portability of the financing operation. 12. Consumer credit. C. Payment services. 1. The general provisions. 2. European discipline: between PSD1 and PSD2. 3. Payment instruments: bank check; bank transfer; direct debit from the current account; credit and debit cards. Collection management services: Riba, Mav, Rid.

A good knowledge of Institutions of Private Law, Commercial Law and Administrative Law, proven by passing the relevant exams, is a prerequisite for a successful study of banking law.

For the correct preparation of the exam: - constant consultation of the regulatory sources in force at the time of the examination (relevant EU sources from time to time; T.U.B. and secondary regulations of the Supervisory Authority; Civil Code) is mandatory; - students can prepare the exam on the basis of handouts and materials distributed in class

The attendance on regular basis, although not mandatory, is recommended in order to achieve the expected learning outcomes.

The examination consists of either a written or oral examination. If the written test is adopted, it will consist of some open-ended questions to be answered by the student within a predetermined time frame (usually 1 hour). To pass the examination it is necessary to demonstrate sufficient knowledge of the positive regulation of banking companies and their activities (including contractual relations with customers), as well as the duties and powers of the banking supervisory authorities. In order to obtain a high mark, a high or excellent knowledge of the positive discipline is required, as well as an ability to systematically link the various themes and institutes and the ability to identify the solution of practical problems.

The course consists of a series of lectures during which students are encouraged to continuously interact with the teachers. The lessons illustrate the positive discipline of the various institutes, with constant reference to supranational and national regulatory sources and with in-depth discussion of practical cases (decisions of the judicial authority, decisions of arbitration bodies) useful for bringing theoretical discourse closer to empirical reality. The active and assiduous participation in the lessons is strongly encouraged in order to allow the full achievement of the training objectives