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Studiegids

nl en

Anglo-American Financial Law

Vak
2021-2022

Course requirements

Bachelor rechtsgeleerdheid (zie ook OER).

Course information

Anglo-American Financial Law plays an indispensable role in international financial practice: a large share of the transactions entered into on international and national financial markets are subject to English law or the law of the State of New York. Standard documentation in financial transactions is often governed by or based on American or English law. Moreover, American and English legal norms and concepts in this area of law often serve as a source of inspiration for the European and Dutch legislature.

It follows that for a proper understanding of international financial transactions, it is essential to have an understanding of Anglo-American financial law. As a matter of fact, Rob Hazelhoff, whom our department is named after, was convinced that one cannot be properly active in international banking without having a basic understanding of American financial law.

This course focusses on a number of core concepts in American and English financial law. First, the course will give an introduction to the English law of contracts. In the subsequent weeks, a range of more specific themes will be explored: the regulation and liability of brokers and investment managers in the U.K., U.S. securities law and securities fraud litigation, and custody. Lectures will be taught by (guest) lecturers from the Netherlands, the United States and the United Kingdom who are experienced professionals in American and English financial law.

Course learning objectives

After completing this course, the student is able to:

  • identify and apply core concepts of English contract law to problem questions;

  • solve cases on brokers and investment managers liability with reference to relevant rules and case law;

  • identify and apply core concepts of US securities laws; and

  • solve problem questions of international securities custody with reference to relevant rules and case law.

Class schedule

Available at our website.

Mode of instruction

Lectures

  • Number of (2 hour) lectures: 10

  • Names of lecturers: prof. E. McKendrick and guest lecturers from the Netherlands and abroad

  • Required preparation by students: reading of prescribed materials

Examination method

Toetsvorm(en)

  • Written exam

  • The exam may be an oral exam, at discretion of the teaching staff

Examination material
The examination material includes the compulsory literature to be found in the course syllabus and all materials discussed during the lectures.

Regulation retake passed exams
The rules on retaking an exam that has been passed are applicable to this course (article 4.1.8.1 ff. OER), insofar as this course is taken as part of the compulsory curriculum of a degree (i.e. not as an elective course). Students who have obtained a passing grade at the first examination may, if certain conditions are met, retake the written exam at the moment that the regular retake of such exam takes place. Consult the OIC or the student website at ‘Course and exam enrolment’ for more information.

Language
This course is taught in English. The course materials consist of English-language literature and lectures will primarily be held in English. As an exception, guest lecturers may give lecturers in Dutch.

Course materials

Mandatory course materials

Literature:

  • Course materials shall be announced on Brightspace and in the syllabus

  • Syllabus

Additional materials

  • Additional materials shall be announced on Brightspace and in the syllabus

Registration

Students have to register for the lectures and working groups through uSis. With this registration you have access to the digital learning environment of this course in Brightspace. You may register up to 5 calendar days before the first teaching session begins.

Students have to register for exams and retakes through uSis. With this registration you also have access to the digital learning environment of this course in Brightspace You may register up to 10 calendar days before the exam or retake.

Contact

  • Course coordinator: L.G.L. Ohnesorge

  • Work address: Steenschuur 25, 2311 ES Leiden

  • Telephone number secretariat: 071-527 7235/7401 (secretariat Financial Law)

  • E-mail: financieelrecht@law.leidenuniv.nl

Institute/department

  • Institute: Privaatrecht

  • Department: Financial Law

  • Room number secretary: B2.43

  • Opening hours: 09.00-17.00

  • Telephone number secretariat: 071-527 7235/7401 (secretariat Financial Law)

  • E-mail: financieelrecht@law.leidenuniv.nl

Remarks

Language
This course is taught in English. The course materials consist of English-language literature and lectures will primarily be held in English. As an exception, guest lecturers may give lectures in Dutch.