Unit PRIVATE LAW FOR ECONOMICS-BANKING AND FINANCE LAW
- Course
- Business economics and management
- Study-unit Code
- A003023
- Location
- TERNI
- Curriculum
- In all curricula
- Teacher
- Simone Mezzacapo
- Teachers
-
- Simone Mezzacapo
- Hours
- 84 ore - Simone Mezzacapo
- CFU
- 12
- Course Regulation
- Coorte 2022
- Offered
- 2022/23
- Learning activities
- Caratterizzante
- Area
- Giuridico
- Academic discipline
- IUS/05
- Type of study-unit
- Opzionale (Optional)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- PRIVATE LAW FOR ECONOMICS
- Distance contracts, electronic documents and electronic signatures (simple, advanced and qualified).
- EU principles and rules on the protection of personal data in the digital economy.
- Protection of consumers and users of banking and financial services.
- Protection of consumer and user of payment services.
BANKING AND FINANCE LAW
- Introduction and subject matter. The evolution of the regulatory framework.
- The EU and Italian financial supervisory authorities, the European system of financial supervision.
- The banking activity and banking regulation.
- Lending and financing services and article 106 of the Italian CBA.
- Payment services and e-Money.
- Antimoney laundering rules and controls.
- Business regulation. The supervision on firms regulated by the Italian CFA.
- Business regulation. Fit and proper requisites for shareholders and members of management and controlling, corporate governance.
- Investment services and activities.
- Distance marketing of financial services.
- Collective investment in transferable securities and investment funds.
- Prudential regulation.
- Crisis management measures.
- Other intermediaries: pension funds; financial intermediaries, securitization companies.
- Trading venues.
- Public offers of financial products.
- Takeover bids.
- Companies transparency; insider trading; market abuses.
- Regulation of issuers of financial instruments. - Reference texts
- Reference documentes:
a) the most updated version of the Testo Unico Bancario (Legislative Decree n. 385/1993) and Testo Unico della Finanza (Legislative Decree n. 58/1998) which can be downloaded for free at www.bancaditalia.it and www.consob.it.
b) the most updated version of the GDPR which can be downloaded for free at www.garanteprivacy.it.
Refecence books:
1) F. CAPRIGLIONE, Manuale di Diritto Bancario e Finanziario (Cedam, Padova, 2019)
or in alternative
2) Filippo Annunziata, La disciplina del mercato mobiliare, Giappichelli, last published version
and in addition
3) Alessandra Quarta, Guido Smorto, Diritto Privato dei Mercati Digitali (Le Monnier, Milano, 2020), except chapter 5 e 6.
- Educational objectives
- Learning outcomes:
1) knowledge and understanding: the national and EU regulation of banks, financial intermediaries, Payment Institutions, e-Money institutions, investment firms, collective investment in transferable securities and investment fund managers, trading of financial instruments.
2) applying knowledge and understanding: compliance experts, analysis and implementation of banking and financial regulation. - Prerequisites
- In order to get the most out of class attendance and in any case prior to the beginning of the exam preparation, it is recommended to have successfully completed all mandatory preparatory examinations and have adequate knowledge of the main elements of: Public Law, Private Law, Commercial Law, European Union law.
- Teaching methods
- face-to-face classes and lectures.
Possibility to organize (on a voluntary basis) seminars and student groups for the analysis and discussion (during ad hoc lectures) of specific subjects. - Other information
- none
- Learning verification modality
- One oral exam.
The exam consists of a discussion of some of the course topics of about 15-20 minutes and is aimed at verifying the knowledge of the matter and the ability to analise, explain and applying the concepts studied.
It is possible to consult the texts of relevant laws and regulations.
Info on support services for students with disabilities and/or learning disability please visit http://www.unipg.it/disabilita-e-dsa - Extended program
- - Introduction, subject matter and evolution of the regulation.
- The EU and Italian supervisory authorities
- Business regulation. The supervision of banks, financial intermediaries, Payment Institutions, e-Money institutions and investment firms.
- Business regulation. Fit and proper requisites for shareholders and members of management and controlling, corporate governance.
- Banking activity, collecting of savings from the public, payment services and e-money, investment services and activities.
- Distance marketing of financial services.
- Collective investment in transferable securities and investment funds.
- Prudential regulation.
- Crisis management measures.
- Other intermediaries: pension funds; financial intermediaries, securitization companies.
- Trading venues.
- Public offers of financial products.
- Takeover bids.
- Companies transparency; insider trading; market abuses.
- Regulation of issuers of financial instruments.
- Antimoney laundering rules and controls.