Law, Financial Regulation and Compliance
The course “Law, Financial Regulation and Compliance” 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 the international, European and national level. The course could ideally be 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 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, bail out) 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”), 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 covers also Financial Technology (FinTech) and crypto law. By building on the knowledge gained through the course, this part aims to display and examine how financial technology is impacting traditional finance and business transactions. Topics i.e. virtual currencies and crypto assets, peer-to-peer lending, blockchain technology, ICOs ,NFTs will be dealt with. Finally, the course is examining professional ethics and the best practices in the financial sector, in particular by taking into account the CFA Institute Code of Ethics and Standards of Professional Conduct.
This course offers an overview of the major legal and regulatory challenges concerning international, EU and Swiss financial and banking markets. The objective of the course is to enable students to navigate the current financial regulatory framework and understand its recent developments mostly driven by technological innovation and sustainability issues. Student will be provided with the legal tools to identify the regulatory risks the daily business practice of a bank is exposed to, branching out into retail banking, private banking, wealth management or investment banking. The course covers compliance topics, such as, anti-money laundering prevention, conduct of business rules, the prevention of insider dealing, emphasizing the increasing relevance of ethical behaviour and of corporate culture in the financial industry.
Modalità di insegnamento
Teaching will primarily be practice-oriented and interactive, thereby focusing on a number of current real-life cases. Students are encouraged to actively contribute to in-class discussions and they will furthermore be required to deliver a few mandatory written assignments (e.g. reaction papers, discussion of cases) during the semester. Participants are not required to buy a specific textbook. Reading materials (e.g. scientific publications, policy papers issued by International Organizations, excerpts from the leading international financial press) will be provided on iCorsi. 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, in-focus lectures from guest lecturers, practitioners, to advanced optional activities such as moot courts, research paper assignments and tailored study trips to central banks and European agencies.
Final written exam (open questions).