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Regulation of Banking Activities

In: Italian Banking and Financial Law

Author

Listed:
  • Marco Pietropaolo

Abstract

The regulatory framework of banking activities in Italy have been traditionally characterized in the last 20 years by the central role of a consolidated law, regulating the main aspects of typical banking activity, that is the business of taking deposits or other repayable funds from the public and granting credits for its own account (see the definition of “credit institution” under Art. 4, para. 1, point 1, of EU Regulation no. 575/2013 (CRR) and, under the Italian legislation, the corresponding definition of banking activity in Art. 10 of Legislative Decree no. 385 of 1993). The mentioned consolidated law was adopted in 1993 (Legislative Decree no. 385 of 1 September 1993 — Testo Unico Bancario, Consolidated Banking Law, hereinafter TUB) in order to provide a comprehensive point of reference for the regulation of banking activities, repealing several provisions previously in force (see Art. 161 of the TUB, containing a long list of such provisions). The TUB grounded the Italian banking legislation on the EU law principles (single banking licence, home country control, mutual recognition) that were stemming from the EU banking directives (namely, the first and second EU banking directives, no. 77/780 and no. 89/646).

Suggested Citation

  • Marco Pietropaolo, 2015. "Regulation of Banking Activities," Palgrave Macmillan Studies in Banking and Financial Institutions, in: Domenico Siclari (ed.), Italian Banking and Financial Law, chapter 2, pages 3-20, Palgrave Macmillan.
    • Handle: RePEc:pal:pmschp:978-1-137-50759-4_2
    DOI: 10.1057/9781137507594_2
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