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Anglo-American Financial Law

Vak
2022-2023

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

Check MyTimetable.

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

Regulation retake passed exams
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8.1 and further of the Course and Examination Regulations). Students who have passed the exam may retake the final written assessment (test) of the course if they meet certain requirements. To retake a passed exam, students need to ask the Student Administration Office (OIC) for permission. For more information, go to 'course and exam enrollment' > 'permission for retaking a passed exam' on the student website.

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

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:

  • All course materials are published on Brightspace and in the syllabus

  • Syllabus

Additional materials

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

Registration

Check the website under “course and exam enrollment” for information on how to register for the course.

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.