Banking Law (Master in Banking and Finance Law)

10-05-19 web.xrh 0 comment

UNIVERSITY OF PIRAEUS

SCHOOL OF FINANCE &  STATISTICS

DEPARTMENT OF BANKING & FINANCIAL MANAGEMENT

POSTGRADUATE PROGRAMME

MASTER IN BANKING AND FINANCE LAW

BANKING LAW

ACADEMIC YEAR 2020 – 2021

1ST SEMESTER

Lecturer:  Dimitris G. Tsibanoulis,

(Ph.D., Johann Wolfgang Goethe University of Frankfurt)

 

The aim of this course is to present and analyse banking law (public and private). The course will cover the following topics:

 

Ι.         Public banking law: The supervision of the financial system

 

Α.        European and Greek banking law until the period of the international financial crisis

 

  1. The request for supervision of the banking system, which essentially rests on grounds of legal policy
    • The financial system and the role of banks
    • Forms of regulatory intervention through banking law
    • Banking activities
    • Bank financing
    • Interbank financing
    • Monetary law and the role of the European Central Bank – Monetary policy and the Eurosystem – The concept of money
    • Payment systems
    • Clearing and settlement systems of payments and transactions

 

  1. European banking law
    • The evolution of European banking law
    • The European passporting and its operating rules
    • Minimum harmonization and the home country control principle
    • Licensing and supervision of credit institutions
    • Deepening of the integrated financial area
  1. The Greek banking system
    • Formation of Greek banking law from  the law of intervention in modern banking law
    • Historical Background – The impact of secondary EU financial services law on the formation of Greek banking law over the last 40 years.

 

  1. The European Central Bank as a monetary authority

 

Β.        European and Greek banking law after the international financial crisis

  1. The international financial crisis, the debt crisis of member states and the impact on banking law – Regulatory developments in the EU and Greec1. The risks and the framework for dealing with insolvency of banks
    • Bank financing / recapitalization: Bail in – bail out – the issue of state aid
    • The banking announcements of the European Commission
    • The BRRD  (Bank  Recovery  and  Resolution  Directive  /Directive  for  the recovery and resolution of credit institutions)

 

  1. The financial crisis in Greece
    • The reaction of Greek legislator: Law 4021/2011
    • The special liquidation of Greek banks
    • The resolution of systemic banks and their recapitalization through the HFSF
    • Law 4335/2015 – Resolution rules of credit institutions
    • The PSI (The exchange of Greek government bonds in the context of public debt restructuring)

 

  1. The European Banking Union
    • European Banking as a supervisory authority
    • The mechanisms of the institutional framework of the European Banking Union

 

  1. The supervision of credit institutions in Greece
  • European Central Bank
  • Bank of Greece
  • Greek Banking legislation
  • Greek credit institutions and their regulation
  • The legislative framework and its development
  • Continuous liabilities of credit institutions
  • Micro-prudential supervision of credit institutions and the importance of macro- prudential rules

 

  1. Specific regulatory issues for credit institutions operating in Greece
  • The NPLs: Law 4354/2015 on the management of non-performing loans
  • Securitisation – Law 3156/2003 and Regulation 2017/2402/ EU
  • Law 4649/2019 on the State guarantee scheme for securitisations of loans originated by credit institutions (“Hercules”)

 

  1. Greek financial institutions and their supervision
    • Leasing companies
    • Factoring companies
    • Credit companies
    • Payment institutions
    • E-money institutions
    • Currency exchange offices
    • Credit and loan receivables servicing companies

 

  1. Alternative forms of financing and supervision rules

 

  1. Depositor guarantee schemes: The Hellenic Deposit & Investment Guarantee Fund (TEKE)

 

ΙΙ.      Private banking law

  1. The relationship of public / supervisory law of financial services (banking law, capital markets law, and insurance law) with private la
    • Sources of Greek banking law
    • Supervisory legislation and banking transactions
    • Codes of conduct
    • International Uniform Rules

 

  1. Banking activities – transactions
  • Acceptance of deposits – Categories, operation and legal nature
  • Credit agreements
  • Securitisation of liabilities
  • Transfer of loans – Non-Performing Loans
  • Other forms of financial transactions
  • The leasing agreement
  • The factoring agreement
  • Forfaiting
  • Payments and transfer of funds
  • The means of payment

 

  1. The bank-customer relationship
  • The contractual nature of bank transaction
  • Liabilities of credit institutions to their customers
  • The responsibility of the banks towards the other trading parties
  • Legislation on consumer protection while conducting banking operations
  1. Bank interest rates and compound interest

 

  1. Tort liability of credit institutions
    • Concurrent liability in tort and contract
    • Grounds for illegality in violation of law
    • Violations of welfare and security obligations in transactions