N_PrFFS Law in Finance and Financial Services

University of Finance and Administration
Summer 2022
Extent and Intensity
2/2. 5 credit(s). Type of Completion: zk (examination).
Teacher(s)
Ing. Žaneta Boučková, Ph.D. (seminar tutor)
doc. JUDr. Ing. Otakar Schlossberger, Ph.D. (seminar tutor)
Guaranteed by
doc. JUDr. Ing. Otakar Schlossberger, Ph.D.
Department of Finance – Departments – University of Finance and Administration
Contact Person: Dita Egertová
Timetable of Seminar Groups
N_PrFFS/cFPH: Wed 8:45–9:29 S35, Wed 9:30–10:15 S35, Ž. Boučková
N_PrFFS/pFPH: Tue 10:30–11:14 S35, Tue 11:15–12:00 S35, 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
To provide students with integrated and systematic basic knowledge on basis of banking law, securities law and directives of the EC Commission including the interpretation of the principles of mutual relation of national legislation and modifications by Community law EC / EU. Students will be able to explain the legal position of banks and other financial institutions such with reference to applicable laws, the legal status of clients of financial institutions, the legislation defining the rights and obligations of the parties when providing product line finačnního market. In addition, the student will be after the completion of this course unable to include the relevant financial product under the applicable legal standard.
Learning outcomes
After completion of this course the student will be able to: - explain the legal position of the bank and other financial institutions with reference to applicable legal standards, - Apply the legal status of clients of financial institutions, - to explain the legislation defining the rights and obligations of the parties to the supply of financial market products, - able to classify the relevant financial product under the applicable legal standard.
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
  • KARFÍKOVÁ, Marie. Teorie finančního práva a finanční vědy. Praha: Wolters Kluwer, 2018. Právní monografie. ISBN 978-80-7552-935-0.
  • RABAN, Přemysl a kol. Závazkové právo. Brno: Václav Klem - vydavatelství a nakladatelství, 2019. ISBN 978-80-87713-18-1
  • KOTÁSEK, Josef. Právo cenných papírů. V Praze: C. H. Beck, 2014. ISBN 978-80-7400-515-2.
  • HRUBÁ-SMRŽOVÁ, Petra a Petr MRKÝVKA. Finanční a daňové právo. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, s.r.o, 2020. ISBN 978-80-7380-796-2.
    recommended literature
  • ÚZ č. 1327 - Ochrana spotřebitele, spotřebitelský úvěr, požadavky na výrobky, ČOI
  • zákon č. 90/2012 Sb., o obchodních korporacích
  • Aplikace práva EU v ČR - vybrané problémy, Nakladatelství Aleš Čeněk, Praha-Plzeň, 2009
  • zákon č. 89/2012 Sb., občanský zákoník
  • ÚZ č. 1331 - Bankovnictví, Finanční konglomeráty, Praní špinavých peněz, Stavební spoření, Centrální evidence účtů
  • ÚZ č. 1299 - Platební styk, oběh hotovosti, směnárny, finanční arbitr
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 80%, in the controlled group consultations in combined form of study 75%. 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.
Information on the extent and intensity of the course: 16 hodin KS/semestr.
The course is also listed under the following terms Winter 2011, summer 2012, Winter 2012, Winter 2013, Winter 2014, Winter 2015, Winter 2016, Winter 2017, Winter 2018, Summer 2020, Summer 2021, Winter 2022, Winter 2023, Winter 2024.
  • Enrolment Statistics (Summer 2022, recent)
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