Banking law

Banking law

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A law^[3] Banking is a specialised legal discipline that governs the activities and relations of financial institutions. It regulates the taking of deposits, the granting of loans and various banking operations, covering both public and private sector interactions. The field includes critical regulatory aspects such as regulations^[2] to combat money laundering^[1] (AML) and is supervised by national monetary authorities. Different countries have different regulatory structures: the Bank of Portugal, the Monetary Authority of Macao and the National Monetary Council of Brazil each supervise their respective financial systems. Important legal scholars such as Lehmann, Canas, Cordeiro and Godinho have contributed significant research to understanding the complex landscape of banking law. This branch of law^[4] aims to ensure financial transparency, protect clients' interests and maintain systemic stability through comprehensive legal rules and supervisory mechanisms.

Terms definitions

1. ↑ money laundering. Money laundering is the process of disguising the origin of illegally obtained funds through complex financial operations. This global economic issue emerged prominently in the late 1980s, driven mainly by profits from drug trafficking. International efforts to combat money laundering include the recommendations of the Financial Action Task Force (FATF) and various regulatory frameworks. Techniques range from electronic funds transfers and shell companies to cryptocurrency transactions. Estimates of the global economic impact suggest that 2-5% of economic activity involves laundered funds. Legal responses include international conventions, national regulations and EU Anti-Money Laundering Directives. Financial institutions play a crucial role in detecting suspicious transactions, while emerging challenges include virtual currencies and evolving laundering methods. The practice not only threatens economic stability but also intersects issues such as terrorist financing and asset concealment, making it a complex global concern that requires multinational co-operation and sophisticated investigative strategies.

2. ↑ regulations. Regulations are normative acts issued by the executive branch, characterised by abstraction, generality and imperativeness. They serve to detail higher normative acts and are mainly limited by constitutional and legal frameworks. Classifications include regulatory, delegated, autonomous and independent types, ranging in scope from internal administrative effects to external general effects. They can be spontaneous or provoked, and cover various levels of governmental competence, including federal, state, municipal and territorial. Autonomous regulations directly explain the Constitution and constitute primary normative acts, while independent regulations also interpret constitutional provisions. The principle of legality prevails in contemporary constitutional systems, ensuring that regulations operate within defined legal limits. Academic work by authors such as Francisco, Leal and Velloso has contributed to understanding the complex nature and function of regulatory mechanisms.

Banking law (Wikipedia)

This article or section contains a list of references at the end of the textbut its sources are unclear because are not cited in the body of the articlewhich jeopardises reliability information. Help improve this article inserting quotes in the body of the article. (August 2021)

O Banking Law is a branch of law that deals with the rules and regulations governing the activities and relationships between banks, financial institutions and their clients. It can also be described as the set of rules and principles specifically applicable to the whole of banking in the broad sense, comprising the taking of deposits, the lending of funds, and a series of other types of active and passive operations.

Banking law also includes public law rules aimed at regulating and supervising banking activity. Other more general aspects, such as the rules on the prevention of money laundering (or money laundering) also have a direct impact on banking.

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