Banking and Financial Law

The main problems related to the exercise of banking and lending activity pertain to the lawfulness of contractual conditions, the different ways of granting credit to clients, the establishment of collateral and personal guarantees, typical and non typical, the enforcement of collateral and personal guarantees, typical and non typical, the different types of actions in defence of the bank's credit rights, the preparation and revision of banking agreements in compliance with current regulations and with respect to the Supervisory Authority, the trading of credit instruments.

Within the field of financial law, particular consideration is given to assistance and advice to intermediaries in the placement of savings and investment instruments to clients, in trading financial instruments, including derivatives, with clients, and in managing any disputes.

Knowing every aspect of the industry regulations without neglecting the general rules: this is the basic tenet that drives us in providing assistance in a field where special rules take on particular significance. In addition to the traditional banking relations, the payment systems and the electronic money institutions, credit cards, investment services and in particular the area of derivative financial instruments and complex financial instruments are, for clients, problem-filled topics, that are often far from simple.

We know our clients’ needs: to reduce costs and obtain solutions.

Providing assistance on every aspect of relations with the banking enterprise and within the scope of investment services, on the basis of the experience accumulated in the industry, for us means acting in a practical, fast and reliable way.

Insights_

6
7_
2021
News
Corporate governance of banks: update on Banca d’Italia’s supervisory provisions

Banca d’Italia has issued an update on the supervisory provisions concerning banks’ corporate governance (Circular No. 285/2013). The amendments are targeted at strengthening Italian banks’ governance structures and taking into account changes in European guidelines (the so-called CRD V directive and EBA Guidelines).


22
6_
2021
News
BANCA D’ITALIA DISMISSES SANCTION PROCEEDINGS AGAINST TWO OF THE FIRM’S CLIENTS

Negrolex, with a team led by Ettore Maria Negro and Donatella D’Ambrosio, has assisted two members of the Board of Directors of a well-known Italian bank in sanction proceedings brought by Banca d’Italia. Although at the conclusion of the preliminary investigation phase, the Institutional Relations Service proposed the application of a fine, Banca d’Italia’s Directorate (Governing Board), having assessed all the records of the proceedings, decided not to pursue the sanction procedure against the Firm’s two clients.


21
6_
2021
News
Consob – Annual meeting with the financial market

On Monday 14 June 2021, the Chairman of Consob has hold the annual Meeting with the Financial Market on the occasion of the presentation of the Consob Report for 2020.


16
6_
2021
News
Borsa Italiana – Notice no. 19366/2021

With Notice no. 19366 of 3 June 2021, Borsa Italiana published the latest amendments to the Instructions for the Market Rules which will come into force on 21 June 2021 (the amendments to the Instructions for the ETFplus Market will enter into force subject to the positive outcome of the tests).


16
6_
2021
News
Arbiter for Financial Disputes

The 2020 Annual Report of the Arbiter for Financial Disputes (ACF), the entity established at Consob in 2016 for alternative dispute resolution between retail investors and intermediaries authorised to provide investment services, in the event of a breach by the latter of their obligations of diligence, transparency, integrity and information, has been published.


13
11_
2015
News
Defects of leased assets

With decision no. 19785/2015, filed on 5th October 2015, the Joint Sections of the Supreme Court (L.A. Rovelli Presiding –A. Spirito Reporting Judge) issued their judgement on the matter of financial leases, addressing the issue of the remedies the user may invoke in cases of defects of the leased asset.