B_BPr Banking Law

University of Finance and Administration
Summer 2014
Extent and Intensity
2/1. 5 credit(s). Type of Completion: zk (examination).
Teacher(s)
doc. JUDr. Ing. Otakar Schlossberger, Ph.D. (seminar tutor)
Guaranteed by
doc. JUDr. Ing. Otakar Schlossberger, Ph.D.
Department of Law – Departments – University of Finance and Administration
Contact Person: Ing. Barbora Ptáčková
Timetable of Seminar Groups
B_BPr/cPPPH: each even Wednesday 12:15–12:59 E304, each even Wednesday 13:00–13:45 E304, O. Schlossberger
B_BPr/pPPPH: Wed 10:30–11:14 E304, Wed 11:15–12:00 E304, O. Schlossberger
B_BPr/vPPPH: Fri 14. 2. 13:45–15:15 E126, Sat 1. 3. 9:45–11:15 E123, 11:30–13:00 E123, Fri 14. 3. 13:45–15:15 E126, O. Schlossberger
Prerequisites
There are no prerequisites for this course.
Course Enrolment Limitations
The course is offered to students of any study field.
Course objectives
The aim of this course is to provide students with a comprehensive and systematic overview of the basics of banking law, securities law and selected EU law directives including the interpretation of the basic principles of mutual respect of national treatment and adjustment of Community law. The aim of this course is to provide students with a comprehensive and systematic overview of the basics of banking law, securities law and selected EU law directives including the interpretation of the basic principles of mutual respect of national treatment and adjustment of Community law. The course builds on the selected objects from III. semester, especially civil and administrative law. Course is designed to further the knowledge of cold   this field so that this knowledge can be applied in practice
Syllabus
  • 1. Banking law and legal regulation of relations on the financial markets. Basic principles of the legislation. Public and private law. National treatment and modification by Community law EC / EU, their relationship, the principle of subsidiary and proportionality. 2. Principle of the regulation and supervision of the financial markets, European and national authorities. Content of licensing, regulation and supervision, monitoring, information, measures, responsibility. 3. Czech National Bank and its legal status as a central bank. Currency stability and monetary law, foreign currencies, payment system. CNB as the supervisory authority for financial markets in the Czech Republic (banking, capital market, insurance). Financial conglomerates. 4. Finacial institutions, their concepts and rules in Community law. The principle of a single banking license and home country supervision. 5. Bank and its legal status under Czech law. Specific requirements for the corporation as a legal form of banks, banking license, qualified participation in a bank, requirements for bank staffing, persons with a special relationship to the bank . Legislation requirements for the bank activities. Cancellation and termination of the bank, t bank transformation. 6. Bank transactions and their legal regulation. Acceptance of deposits from the public and contract accounts. Lending and credit contract, mortgage, building savings. Other banking transactions and their legal basis. 7. Legal regulation of investment activities and investment instruments. Securities, their definition, types, form and nature. Central Depositary. 8. Providers of investment services and their status under Community law and Czech law. Investment firm. Merchant Securities, investment broker, tying agent. Banks and investment activities. 9. Contracts for securities. Public traded securities, market operator. Prospect. The community Directive and Czech adjustment. Financial security. 10. The legal regulation of collective investment in community and Czech law. 11. Community and Czech system of financial market protection. Legislation of prohibition of market manipulation and abuse of inside information. Market protection against legalization of money laundering. 12. Penalty for violation of obligations on the financial markets. Administrative offences, their concept and types. Management. Administrative offences of legal persons, business individuals, business individuals´ violations in the financial markets.
Literature
    required literature
  • Tichý, L., Rainer, A., Svoboda, P., Zemánek, J., Král, R.: Evropské právo. 2. vydání. Praha: C. H. Beck, 2004
  • ÚZ 911 - Cenné papíry a ÚZ 917 Bankovnictví
  • Bakeš, M. a kol.: Finanční právo, 5. část, 5. vyd. Praha: C. H. Beck, 2012 - povinná literatura, příp. lze použít i vydání 4. z roku 2009 od stéjného vydavatele.
  • Kotásek, J. a kol.: Kurs obchodního práva – právo cenných papírů, 5. vyd. Praha: C. H. Beck, 2009 - povinná literatura
    recommended literature
  • Aplikace práva EU v ČR - vybrané problémy, Nakladatelství Aleš Čeněk, Praha-Plzeň, 2009
Teaching methods
Lessons take the form of lectures, seminars, workshops in full-time study and managed group consultations in combined study. Minimum obligatory participation in seminars / workshops in full-time studies are 75%, in the controlled group consultations in combined form of study 50%. Students who do not fulfill the mandatory level of participation may be given during the semester the additional study duties (to the extent that will demonstrate study results and obtained competencies necessary for successful conclusion of course).
Assessment methods
The course is completed with a credit and verbal exam. To obtain the credit to be fulfilled: Full-time study: running credit test (60% points min), preparation of presentations on the topic addressed by teacher and presentation within the exercises (40% points min), active participation in exercises during the AR (academic year), test that can be done verbally or in written form. Combined form of study: credit test (60% points min), working-out replying to questions from the methodology sheets (mainstays) - (40% points min). For both forms of study: Answer 2 of the 60 topic questions correctly is required to pass the exam.
Language of instruction
Czech
Further comments (probably available only in Czech)
The course can also be completed outside the examination period.
General note: Aa1.
Information on the extent and intensity of the course: 8 hodin KS/semestr.
The course is also listed under the following terms Winter 2007, Winter 2008, Summer 2013, Summer 2015, Summer 2016, Summer 2017, Summer 2018, Summer 2019, Summer 2020, Summer 2021, Summer 2022, Summer 2023, Summer 2024, Summer 2025.
  • Enrolment Statistics (Summer 2014, recent)
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