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Bocconi Legal Papers

Securities Law

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Full-Text Articles in Law

The Regulation Of Covered Bonds Issued By Italian Banks, Valentina Miscia Jan 2008

The Regulation Of Covered Bonds Issued By Italian Banks, Valentina Miscia

Bocconi Legal Papers

The present work aims to provide an overview on the regulation of covered bonds which is in force in some European countries (Germany, France and Spain), and then to deeply analyze the recently-enacted Italian regulation. After a brief introduction on what covered bonds are, an insight into Law no.130, 30th April 1999 is given, also in comparison with securitization operations. A specific reading is provided with respect to regulation set by the Treasury Ministerial Decree no.310, 14th December 2006, and the Bank of Italy Instructions no.501981, 17th May 2007. The work focuses on authorized issuers and special purpose vehicles, on …


Information Duties In Providing Investment Services To Retail Customers, Federico Longobardi Jan 2008

Information Duties In Providing Investment Services To Retail Customers, Federico Longobardi

Bocconi Legal Papers

The present paper analyses, after discussing in general terms the value of information in financial markets, conduct rules under article 21(b) of Italian decree 58/1998 and articles 26, 28 and 29 of Italian financial intermediaries regulation (containing the so- called “know your customer rule”, “know your merchandise rule”, “suitability rule”). Where appropriate, it is discussed which measures ought to be adopted to comply with the contents of the Directive 2004/39/EC; moreover, due attention is paid to the rules regulating foreign markets and to the suggestions coming from economic analysis of law. The last part of the paper briefly describes the …


New Perspective On Market Abuse: Outsider Trading As An Outlawed Conduct, Jacopo Busnach Ravenna Jan 2008

New Perspective On Market Abuse: Outsider Trading As An Outlawed Conduct, Jacopo Busnach Ravenna

Bocconi Legal Papers

The following paper illustrates how the Market Abuse Directive 2003/6/EC has backed up previous legislation by contemplating a new form of outlawed behaviour which an outsider may carry out by exploiting her informative advantage. After a general analysis of the features of such conduct, relevant for both criminal and administrative law, its main characteristics are underlined in a comparative perspective with US law. A schematic outline of the most critical analyses on outsider trading regulation is also carried out. The paper eventually deals with two controversial applications of the rules under Italian decree 58/1998, recently modified.

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