Banking and Financial Markets Law (MRV250)

The course "Banking and Financial Markets Law" provides students with an in-depth understanding of the legal issues that arise in banking regulation and law. The course investigates the recent developments in banking law, with the new legislation put in place at the international level. The course provides students with an in-depth understanding of the legal issues that arise in banking regulation and law. The course aims to investigate the recent developments in banking law, with the new legislation put in place at international, European and national levels in the aftermath of the crisis.

The course is divided into three sections with different subject areas that disentangle the rationales and main elements of financial regulation into three components: the "why", the "who", and the "how".

During the first section (the "why"), the reasons behind the regulation and supervision of banks are dealt with. This section addresses the market failures associated with the banking sector (negative externalities, bank run, domino effect, bailout) from a law and economics perspective.

During the second section (the "who"), the financial regulatory system, with the regulatory authorities and supervisory functions at the national level, at the European Union (EU) level, as well as at the global level, are identified and explained.

During the third section (the "how"), the focus is on substantive banking regulation. During this section, the regulation of payment and settlement systems, capital and liquidity controls, supervision of banks as well as bank insolvency and resolution is covered.

The course ends by providing "glimpses" of Financial Technology (FinTech) and Money Law. By building on the knowledge gained through the course, this part aims to display and examine how financial technology impacts traditional finance and business transactions. Topics will be dealt with, i.e., virtual currencies and crypto assets, peer-to-peer lending, blockchain technology, ICOs, and NFTs.

The course aims to push the boundaries of educational experience for students.

Students will be exposed to a wide range of stimulating activities spanning from mandatory lectures and in-focus lectures from guest lecturers and practitioners to advanced optional activities such as moot courts, research paper assignments and tailored study trips to central banks and European agencies.

The course is offered on the condition that there is a sufficient number of enrolled students, it may be cancelled if fewer than 10 students are enrolled by August 20th for the autumn semester.


Course description for study year 2024-2025

Facts

Course code

MRV250

Version

1

Credits (ECTS)

10

Semester tution start

Autumn

Number of semesters

1

Exam semester

Autumn

Language of instruction

English

Offered by
Time table

View course schedule

Content

The course will contain the following topics:

1. Introduction. Market Failures as a justification to financial law

2. The EU banking law-making process

3. The concept of banking supervision and supervisory powers. Distinction between "prudential" supervision and "conduct" supervision

4. The European Supervisory Authorities as European Agencies

5. The European Banking Union

6. The Single Supervisory Mechanism and the relationship between the European Central Bank and the National Competent Authorities

The Single Resolution Mechanism and the Single Resolution Authority

7. Monetary law

8. The Substantive Rules (capital requirements/liquidity requirements/corporate governance/the authorization procedure)

9. FinTech, Digitalisation and platforms

Learning outcome

Knowledge

The objective of the course is that students have knowledge about:

  • the main reforms that unfolded after the financial crisis
  • differences sources of banking law.
  • of the supervisory practices at national and European and international level
  • the main regulatory strategies applied to banking and finance
  • the regulatory bodies function (BIS; FSB; EBA; …)

Skills

The objective of the course is that students develop the skills to:

  • Analyse different sources of banking law
  • examine of the main regulatory strategies applied to banking and finance
  • understand and explain the criticisms and issues of banking and financial law
  • can discuss the interaction between international, European and national regulatory developments and take into consideration the societal context underpinning banking and financial law

Required prerequisite knowledge

None

Exam

Form of assessment Weight Duration Marks Aid
Individual written exam 1/1 3 Hours Letter grades

Coursework requirements

Assignment
There will be one written assignment which the students must hand in in order to be allowed to take the final exam. The assignment will be discussed in class later on.

Course teacher(s)

Course coordinator:

Andrea Minto

Course teacher:

Andrea Minto

Study Program Director:

Lana Bubalo

Method of work

Estimated workload

Videos 2 hours - for introduction and expectation regulation, and repetition purposes

Reading of curriculum 72 hours - everyone has to read the specified curriculum before class.

Lectures 36 hours

Group work/ written assignment 32 hours (work in groups, individual hand-ins, review in class)

Self-study 80 hours

Exam 18 hours

Administrative work 10 hours

Overlapping courses

Course Reduction (SP)
Banking and Financial Markets Law (MFJ130_1) 10

Open for

All masters students at UiS.

Course assessment

There must be an early dialogue between the course supervisor, the student union representative and the students. The purpose is feedback from the students for changes and adjustments in the course for the current semester.In addition, a digital subject evaluation must be carried out at least every three years. Its purpose is to gather the students experiences with the course.

Literature

The syllabus can be found in Leganto