Module SXL-4405:
International Banking Law

Module Facts

Run by School of Law

15 Credits or 7.5 ECTS Credits

Semester 2

Organiser: Dr Mark Hyland

Overall aims and purpose

The aim of this module is to enable students to understand the legal aspects of UK and International Banking Law. The module will be taught taking into account the general economic and philosophical underpinning of international banking regulation. Attention will be paid to the many significant changes that affected UK Banking Law during and after the credit crunch. Students will be introduced to the new banking regulatory bodies established in the wake of the credit crunch. Some of the more practical aspects of banking such as banking products, loan agreements and loan agreement term sheets, security, guarantees, restructurings and insolvencies, alternative lending, asset based finance and crowd funding will also be covered.

Course content

This module will provide students with a sound understanding of the law and practice of modern international banking. It will examine the legal framework of international banking and related legal issues and consider current trends in international and UK banking. There will be analysis of the regulation and prudential supervision of banks in the UK and EU. Some of the more practical aspects of banking law, both domestic and international, will be examined. There are, for instance, banking products; the drafting and negotiation of Loan Agreements; Security and the different types of security that can be taken (fixed charges, floating charges, factoring, leasing etc); how security works; in an international context with multi-national business and assets located in different jurisdictions; Group structures and guarantees, full analysis of a loan agreement; secured lending structures; restructurings and insolvencies; alternative lending (equity and mezzanine structures), trading of loans, asset based finance and crowd funding. A selection of the following themes will also be treated: capital adequacy; Market Abuse Directive (MAD I & II) and Market Abuse Regulation (MAR); and, MiFID and MiFID 2.

Assessment Criteria

good

Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

a. Deployment of information that goes beyond simple reliance on standard secondary sources; b. Clear and coherent argument; c. Some critical insight and evaluation d. Evidence of advanced analysis and management of data.

Similarly work that falls within this band will be well written and presented with some possibility of pursuing research at doctoral level.

threshold

Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student’s own research. It shows an ability of apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.

excellent

Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

Learning outcomes

  1. Identify, understand and contextualise the bank’s role in the international financial system and critically analyse any inherent weaknesses in which the role of international law help in correcting those deficiencies identified;

  2. Apply with consistency and coherency Basel III in banking financial statements and practical recording;

  3. Evaluate and explain the reasons for and techniques of banking regulation, supervision thereby critically examining and discussing the importance of capital regulation;

  4. Critically evaluate and analyse the methods in international regulation reflecting on comparisons with regional banking regulations in amongst other places the Middle East, Asia, and Europe;

  5. Assess critically with evidence the regulatory components of the global financial system;

  6. Identify and understand Securities Regulation issues arising in day-to-day financial transactions and dealings and to provide analysis and advice expected of an expert in the field;

  7. Demonstrate knowledge and application of complex statutory instruments such as FMSA 2000 and Securities Exchange Act 1934;

  8. Critically analyse issues of conflict of Securities Regulations;

  9. Demonstrate a critical appreciation and evaluation of the policies and values underpinning Securities Regulations and to develop a legal comparative perspective;

  10. Research and apply the appropriate rules relevant to securities issuance.

Assessment Methods

Type Name Description Weight
Written assignment 100

Teaching and Learning Strategy

Hours
Private study 128
Seminar

The module will consist of 11 x 2 hours seminars. Each seminar introduces students on the fundamental issue on the relevant area, followed by a practical issue in practice. For each seminar students are required to be prepared in advance on the essential readings together with own attempt to the questions for which they are expected to discuss in the seminar.

Other form of teaching may be used from time to time. Practitioners from the relevant fields to give a practical view.

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Transferable skills

  • Literacy - Proficiency in reading and writing through a variety of media
  • Computer Literacy - Proficiency in using a varied range of computer software
  • Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
  • Exploring - Able to investigate, research and consider alternatives
  • Information retrieval - Able to access different and multiple sources of information
  • Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
  • Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
  • Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
  • Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
  • Management - Able to utilise, coordinate and control resources (human, physical and/or financial)
  • Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
  • Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
  • Leadership - Able to lead and manage, develop action plans and objectives, offer guidance and direction to others, and cope with the related pressures such authority can result in

Subject specific skills

  • Demonstrate knowledge and understanding of advanced level theories concerning Law & Banking. Candidates will develop special research skills (via the Legal Research module) and critical thinking across a range of Law & Banking areas and an understanding of the complex context in which lawyers and banking personnel in this inter-disciplinary area work, and are faced with.
  • demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
  • demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
  • present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
  • write sustained critical expositions of any given area of the legal subjects studied and present the findings clearly, logically and coherently;
  • write sustained critical expositions of the legal subjects studied in International, Commercial and Business Law and present the findings clearly, logically and coherently;

Courses including this module