LWMTBL: International Banking and Finance Law

Module code: LWMTBL

Module provider: School of Law

Credits: 20

Level: Postgraduate Masters

When you'll be taught: Semester 1

Module convenor: Dr Andrea Miglionico, email: a.miglionico@reading.ac.uk

Pre-requisite module(s):

Co-requisite module(s):

Pre-requisite or Co-requisite module(s):

Module(s) excluded:

Placement information: NA

Academic year: 2024/5

Available to visiting students: Yes

Talis reading list: No

Last updated: 12 September 2024

Overview

Module aims and purpose

The purpose of this module is to examine the regulatory and private law aspects of banks and banking including both commercial banking and investment banks. Banks are among the most important financial institutions within any economy, nationally and internationally. This module addresses all aspects of the law governing the structure, operation and function of banks and banking markets from a national and international perspective. It examines on a comparative basis significant international standard as well as European and other national country models including the United Kingdom. No previous knowledge of banking or financial markets or finance theory is required although this is of value. It is assumed that students have no prior background expertise. The course provides all the necessary background material required on banking and financial markets and their structure and operation. 

Module learning outcomes

By the end of the module, it is expected that students will be able to: 

1. Critically assess the role of central banks from a combined legal and economic perspective.
2. Understand the tools and processes of financial supervision and crisis management.
3. Give advice about the role of central banks and regulatory agencies and the relationships between regulators, supervisors, and regulated institutions.
4. Give basic advice on cross-border resolution and insolvency of financial institutions.
5. Competence to identify the essence of long and complex readings time-efficiently. 
6. Develop coherent and solid legal arguments and communicate them effectively.

Module content

This module examines the regulation of the banking sector in the context of the multifaceted dynamics which operate in the international financial markets. Primarily the course addresses law and policy—it considers law in context, and so considers the market within which rules operate, as well the political, institutional, and historical context of rules. The aim is to provide an understanding of the debate on the appropriate institutional structures for regulating financial institutions at the national level, and the role of bank intermediaries. The course is premised upon the notion that the student of banking and finance law ought to develop a sound understanding of the various public policy choices available in financial markets in the light of regulatory theories, financial developments and public policy objectives. The course provides a critical and insightful view of current regulatory developments with the aim to identify the most appropriate regulatory policies towards increasingly complex financial phenomena and markets trends.

The module will cover topics such as:

• The Banking System
• Banking Conduct of Business
• The UK Bank-Customer Relationship
• Principles-Based Regulation and ‘Comply or Explain’ Approach
• Compliance function and internal controls in banks
• Bank Corporate Governance
• Bank Capital Rules
• The EU Banking Union: the SSM and SRM
• Banking loans and NPLs
• Money Laundering

Structure

Teaching and learning methods

Teaching is by seminar method, whereby material is prepared in advance and made available online for class discussion. This will strengthen student’s understanding of the more specialist issues which normally follow later in the academic year. Learning methods require the following components: 

• 11 weeks 2-hour seminars plus 3 weeks of assessment in Semester 1. Seminars are discussion-based classes  
• Assessed coursework  
• Non-assessed group presentation  

Study hours

At least 22 hours of scheduled teaching and learning activities will be delivered in person, with the remaining hours for scheduled and self-scheduled teaching and learning activities delivered either in person or online. You will receive further details about how these hours will be delivered before the start of the module.

Please note the independent study hours above are notional numbers of hours; each student will approach studying in different ways. We would advise you to reflect on your learning and the number of hours you are allocating to these tasks.

Semester 1 The hours in this column may include hours during the Christmas holiday period.

Semester 2 The hours in this column may include hours during the Easter holiday period.

Summer The hours in this column will take place during the summer holidays and may be at the start and/or end of the module.

Assessment

Requirements for a pass

Students need to achieve an overall module mark of 50% to pass this module.

Summative assessment

Penalties for late submission of summative assessment

The Support Centres will apply the following penalties for work submitted late:

Assessments with numerical marks

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of three working days;
• the mark awarded due to the imposition of the penalty shall not fall below the threshold pass mark, namely 40% in the case of modules at Levels 4-6 (i.e. undergraduate modules for Parts 1-3) and 50% in the case of Level 7 modules offered as part of an Integrated Masters or taught postgraduate degree programme;
• where the piece of work is awarded a mark below the threshold pass mark prior to any penalty being imposed, and is submitted up to three working days after the original deadline (or any formally agreed extension to the deadline), no penalty shall be imposed;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

Assessments marked Pass/Fail

• where the piece of work is submitted within three working days of the deadline (or any formally agreed extension of the deadline): no penalty will be applied;
• where the piece of work is submitted more than three working days after the original deadline (or any formally agreed extension of the deadline): a grade of Fail will be awarded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/qap/penaltiesforlatesubmission.pdf

You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Formative assessment

Formative assessment is any task or activity which creates feedback (or feedforward) for you about your learning, but which does not contribute towards your overall module mark.

In-class peer assessment for individual/group presentation  

Reassessment

Additional costs