Master degree in Law. This course is part of the Advanced Master Law and Finance.
This course is one of the two core courses of the curriculum. It focuses on the transactions concluded by banks and other financial institutions that are mainly aimed at providing finance. The course will start with an introduction to private international law, i.e. conflict of laws regimes, for the question which law applies to a certain transaction is of paramount importance in any international transaction. Subsequently, various categories of transactions will be discussed. These transactions will be introduced with structure charts and their underlying (economic) rationale, after which their legal complexities will be dissected. Transactions so analysed will include loan finance, securitisations and covered bonds (i.e. structured finance), derivatives, and repurchase and securities lending agreements (i.e. collateralised finance). Always, attention will be paid to insolvency law, because insolvency law is the background scenario of any solid transaction analysis. This analysis will include the legal tools that permit amendment (restructuring) of the most common financial obligations. Additionally, because the shape financial transactions take is often influenced by tax considerations, attention will be paid to the most relevant (international) tax issues that play a role in international finance.
Course learning objectives
The objective of this course is to provide information and insight in the most important financial transactions that are concluded internationally by banks and other financial institutions and that are mainly aimed at providing finance. After completion of the course:
Students obtain an overall perspective and understanding of how banks and other financial institutions provide finance;
More specifically, students obtain knowledge and understanding of how to determine which law applies to a certain (international) transaction, and which court would be competent to resolve disputes involving such a transaction;
Students have general understanding of financial restructuring tools (schemes);
Students obtain knowledge and understanding of the (economic) rationale and structuring of the most important categories of transactions that are concluded on the (international) financial markets;
Students are able to critically analyse different categories of financial transactions;
Students are able to critically analyse the rules applicable to those transactions, including conflict of laws rules, private and insolvency law rules, as well as tax law rules, and are able to apply those rules to a concrete transaction.
Mode of instruction
This course is taught in a classroom setting with mandatory class attendance. Only when required by government regulation or decided by the Programme Board, teaching will be conducted in an online setting.
Lectures & seminars
Number of (2 hour) lectures & seminars: 20
Names of lecturers: Prof. Dr. Bart Joosen; Prof. Dr. Rogier Raas; Prof. Dr. Pim (W.A.K.) Rank; Prof. Dr. Henk Vording; Ilya Kokorin LLM.
Required preparations by students: reading of prescribed materials, preparation of case studies and any other assignments.
Written assignment: 30%
Final exam: 70%
The final grade, on the scale from 1 (poor) to 10 (outstanding), for the course is established by determining the weighted average of the written assignment and the final exam, and rounded to full grades. Grade 6 (5.5 rounded) is a pass.
The written assignment will require you to write an essay on on one of the topics discussed in the course. The final exam will be a written exam or an oral exam. The final exam covers all the material delivered during the lectures. Further information about the written assignment will be communicated to students through Brightspace closer to the respective assignment due dates.
Course reader and additional literature is distributed through Brightspace.
Submission of written assignment via Brightspace using Turnitin.
M. Haentjens & P. de Gioia-Carabellese, European Banking and Financial Law (2nd edn, London: Routledge 2020).
Ph. Wood, Law and Practice of International Finance (Sweet & Maxwell 2008, or the reprint 2011).
M. Bogdan and M.P. Sender, Concise Introduction to EU Private International Law (4th edn, Europa Law Publishing 2019).
As well as articles and papers specifically assigned per week as set out in the course reader or Brightspace. Course reader is available on Brightspace.
Ilya Kokorin LLM
Ms. Orsolya Kalsbeek-Bagdi
Email address: email@example.com
Disclaimer: Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2023 may only be done with the approval and consent of the Faculty Board and Programme Director.