| Module Identifier |
LAM0820 |
| Module Title |
INTERNATIONAL BANKING LAW |
| Academic Year |
2003/2004 |
| Co-ordinator |
Mr Andrew Campbell |
| Semester |
Semester 1 |
| Course delivery |
Seminars / Tutorials | 2 Hours Seminar. |
| Assessment |
| Assessment Type | Assessment Length/Details | Proportion |
|---|
| Semester Assessment | Seminar Presentation: | 20% |
| Semester Assessment | Essay: Students may choose one of the following:
1. 2 x 2500-3000 word essays.
2. 1 x 5000-6000 word essay. | 80% |
|
Learning outcomes
On completion of the module students will be expected to have detailed knowledge and understanding of some of the complex
legal topics which make up the subject of banking law. Students will also be able to critically assess the law in these areas and
will be able to analyse the issues from both a practical and theoretical perspective.
Brief description
The business sector depends on the banking system to provide the financial assistance which is necessary to finance trade at
both domestic and international level .A study of the law relating to the banking sector will give students an insight into the way
in which financial institutions operate and at the same time will enable students to understand the role of the legal process in the
regulation of the financial markets. Banking is very much an international industry and the importance of raising capital on the
international money markets is of particular importance and interest. Accordingly, both international syndicated loans and
Eurobonds are examined in this module.. This is particularly relevant due to the importance of London as an international
financial centre.
The system of legal supervision of the banking sector has become a topic of particular importance in recent years. The
changing role of banking supervision in the UK will be examined in depth and attention will be paid to EU and international
developments.. Regulation and supervision matters are particularly relevant in view of recent scandals such as B.C.C.I.
Money laundering has become one of the most important problems facing the international financial community and the
developing international efforts to combat this menace are subjected to detailed scrutiny.
Content
1. Banking Supervision
The structure of bank supervision in the U.K.
The role of the Bank of England
European and international aspects
Inquiry into the supervision of BCCI
2. International Syndicated Loans
Introduction and definition
Choice of applicable law
The ISL transaction in detail: (i) the lead manager (ii) other parties (iii) the loan agreement
3. Bonds - Eurobonds and International Bonds
Introduction and definition
Issue
Negotiability
Legal documentation
Legal relationship between the parties
Comparison of Eurobonds and ISLs
4. Control of Money Laundering
What is money laundering?
the UK response and the EU Directives
the wider international perspective
Reading Lists
Books
** Recommended Text
Cranston Principles of Banking Law
2nd.
Ellinger & Lomnicka, Modern Banking Law
2nd.
** Reference Text
Tennekoon Law of International Finance
Wood International Loans, Bonds and Securities Regulation
Hapgood, Paget's Law of Banking
12th.
Page & Ferguson, Investor Protection
Penn, Banking Supervision
Rider and Ashe, Money Laundering Control
Encyclopaedia of Banking Law
Campbell & Cartwright Banks in Crisis: The Legal Response
Notes
This module is at CQFW Level 7