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;
individually conduct research in order to answer a pre-formulated research question and present your findings in an oral presentation;
identify arguments in support and against a pre-formulated proposition; and
weigh arguments and reach a conclusion on a preformulated proposition.
Timetable
Check MyTimetable.
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: 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 (100%)
At the discretion of the teaching staff, the examination may be written or oral
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.
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 (2nd edition).
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
Check the website under “course and exam enrollment” for information on how to register for the course.
Contact information
Coordinator: L.G.L. Ohnesorge LLM Mjur
Work address: Steenschuur 25, Leiden
Telephone number secretariat: 071-527 7235/7401
Institute/department
Institute: Privaatrecht
Department: Financial Law
Room number secretary: B2.43
Opening hours: 09.00-17.00
Telephone number secretary: +31 71 527 7235/7401
Remarks
In case of (corona)restrictions imposed by the government, this course description is subject to change.