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Studiegids

nl en

Financial Law

Vak
2020-2021

Admission requirements

None. However, knowledge of commercial law (law of contracts and property law), as well as public law is recommended.

Description

Over the past two decades, regulation of financial institutions and financial markets has increased dramatically. Financial markets are highly regulated in order to protect the integrity and stability of the markets and the interests of investors in those markets. Banks, investment firms, investment funds and other financial institutions are subject to detailed obligations such as capital requirements, duties of care towards their clients, and disclosure requirements. Also, market conduct rules such as the prohibition of insider trading and market manipulation, the obligation to publicly disclose major holdings in listed companies and rules governing public takeover bids aim to ensure the proper functioning of financial markets as a whole. Many of these rules have been developed and are harmonised on the European level. This course provides an overview of the most important aspects of financial regulation. Also, important financial transactions are discussed. The perspective of this course is international.

This course will therefore cover the following elements:

  • an introduction to European banking and financial law, its primary focus on the EU regulatory aspects, i.e. legislative and supervisory;

  • the supervisory architecture of financial supervision in the EU, including the Banking Union;

  • the most important legislative instruments regulating stock markets and the issuance of and trade in securities, e.g. rules on prospectuses, market abuse and transparency;

  • the most important legislative instruments regulating banks, investment firms and investment funds; and

  • the most important financial contracts on, inter alia, loan finance, derivatives, collateralised finance and structured finance.

Course objectives

After completing this course, the student is able to:

  • identify the relevant categories of financial institutions, explain their differences and identify the applicable legislation;

  • set out the relevant financial supervisory authorities and their tasks and powers within the European supervisory architecture;

  • explain the workings of and the differences between the financial contracts used in various financial transactions;

  • identify and solve a case while applying relevant financial legislation; and

  • individually conduct research in order to answer a pre-formulated research question and present his/her findings in an oral presentation.

Timetable

The timetable of this course can be found in uSis.

Mode of instruction

Lectures

  • Number of (2 hour) lectures: 7

  • Names of lecturers: Prof. Matthias Haentjens, Prof. Rogier Raas, Prof. Pim Rank

  • Required preparation by students: reading of prescribed materials.

Seminars

  • Number of (2 hour) seminars: 7

  • Names of instructors: R. Spence LLM, L.G.L. Ohnesorge LLM Mjur

  • Required preparation by students: reading of prescribed materials, preparation of case studies and any other assignments. A student cannot be absent from the seminars.

  • Attendance at the seminars is compulsory.

Assessment method

Examination form(s)

  • Written exam (80%)

  • Oral presentation (20%)

  • At the discretion of the teaching staff, the examination may be written or oral.

Examination is open only to students who passed for the oral presentation (afgelegd met goed gevolg).
The oral presentation cannot be retaken.
The 20% score earned on the oral presentation will remain valid for the re-sit.

  • The final grade is given if the student has achieved a score on both parts (i.e. oral presentation, and the (written) exam or re-sit). Students pass the course when the final grade is a 5,5 or higher.
    If a student has not passed the course by the end of the academic year, partial grades for the (written) exam or oral presentation are no longer valid.

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), on the condition that this course is included in the compulsory components of the degree program. 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.

Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.

Reading list

Obligatory course materials

Literature M. Haentjens & P. de Gioia Carabellese, European Banking and Financial Law, Oxford: Routledge 2020.

Course information guide
To be published on Brightspace

Recommended course materials

  • M. Haentjens & P. de Gioia Carabellese, European Banking and Financial Law Statutes, Oxford: Routledge 2018.

  • Any additional recommended course materials will be published on Brightspace

Registration

Students have to register for courses and exams through uSis. Your registration for this course will give you access to the digital learning environment Brightspace.

Contact information

  • Coordinator: L.G.L. Ohnesorge LLM Mjur

  • Work address: Steenschuur 25, Leiden

  • Contact information: Kamerlingh Onnes Building, Room C2.22

  • Telephone number: +31 (0)71 527 7235 (secretariaat Financieel recht)

  • Email: financieelrecht@law.leidenuniv.nl

Institute/department

  • Institute: Privaatrecht

  • Department: Financial Law

  • Room number secretary: B2.43

  • Opening hours: 09.00-17.00

  • Telephone number secretary: +31 71 527 7235

  • Email: financieelrecht@law.leidenuniv.nl