The Rules
Banks are subject to particularly stringent regulation aimed at ensuring financial stability and protecting depositors. In order to operate, they must obtain prior authorisation and comply with specific rules - so-called prudential rules - set at European and national level, which aim to ensure sound and prudent management of the banking business.
Alongside this set of rules, there are numerous other provisions concerning, for example, the protection of competition, consumer protection, the fight against crime, as well as specific disciplines relating to banking products and services, such as mortgages, current accounts, payment services and investments. In fact, banks are enterprises that play a central role in the economic system, combining the collection of savings from the public with the exercise of credit. They raise funds through customer deposits or the issuance of bonds, and deploy them by granting loans to households and businesses, buying securities or carrying out transactions with other financial counterparties. They also offer essential services such as payments and may also perform other financial activities, including investment services.
A particularly stringent framework of rules
Banks are one of the main players in the financial market. The intermediation activity carried out by banks - transferring savings from those who have them to those who need them to finance their investments - is therefore particularly important and delicate because, on the one hand, it is necessary to ensure the financing of the economy and, on the other, it is based on the collection of savings from the public (an activity that is a prerogative of banks).
Therefore, also in light of the specific protection of savings provided for in Italy by Article 47 of the Constitution, the performance of banking activities is subject to particularly stringent regulation, aimed at ensuring financial stability and protecting depositors.
Over the decades, the set of rules regulating banking activities, in the multiple profiles indicated, has been progressively growing exponentially. In this regard, it should be pointed out that there are not only the primary rules (national laws, European directives and regulations), but a multiplicity of secondary-ranking implementing rules, as well as indications adopted by the Supervisory Authorities in various forms (such as guidelines and supervisory expectations).
It is important to remember that the opening of every current account, the granting of every loan, the execution of every payment, presuppose a series of procedures, controls and checks by the bank to ensure compliance with the complex regulatory framework (which hinges on the Consolidated Banking LawTUB of 1993 and on the Consolidated Law on Finance, TUF, of 1998) that regulates every aspect of banking activity, to protect financial stability and customers.
The rules of banking
In order to conduct banking business, specific prior authorisations are required - the absence of which is sanctioned, including by criminal law - and continuous compliance with a series of so-called prudential rules - including minimum capitalisation levels - defined at European and national level and inspired by internationally agreed standards by the Basel Committee. Prudential rules to ensure sound and prudent management are very numerous and articulated, including, among other things, besides capital requirements, rules on liquidity, risk concentration, lending, and the requirements, powers and responsibilities of the bank's governing bodies.
In addition to the regulatory framework aimed at ensuring financial stability, banks are subject to a large number of sector-specific regulations aimed at protecting other fundamental public interests, such as competition, consumer protection (e.g. transparency rules), and the fight against economic crime (e.g. anti-money laundering regulations). In addition to this, there are detailed regulations on specific products or services (e.g. mortgages, current accounts, payment services, investment in securities).
In any case, for the greater protection of savers, banks are required to join special depositor protection funds, which in the event of failure ensure the repayment of deposits up to an amount of EUR 100,000 (per depositor and per bank).
As enterprises among enterprises, banks are also subject to generally applicable regulations (including, for example, company law, labour regulations, data protection regulations).
Banks are also addressees of specific accounting and tax regulations; with reference to the tax world, banks also play the role of tax auxiliaries, being called upon to levy withholding taxes and carry out other fulfilments on behalf of clients.
The supervision of banks
To ensure compliance with the aforementioned regulatory framework, banks in Italy are subject to strict supervision by public and independent institutions including, in particular, the Bank of Italy, the Consob, l'Insurance Supervisory Authority (IVASS), theCompetition and Market Authority (AGCM), theData Protection Authority (GPDP) and theCommunications Guarantee Authority (AGCOM).
Banking supervision also has a European dimension, notably with the Single Supervisory Mechanism (MVU), which includes the European Central Bank (ECB) and the national supervisory authorities of the participating countries (for Italy, the Banca d'Italia). In addition, there are independent EU authorities to ensure a uniform level of regulation and supervision in the European banking sector (European Banking Authority, EBA) and to improve investor protection and promote stable and orderly financial markets (European Securities and Markets Authority, ESMA).
It also operates the European Insurance and Occupational Pensions Authority (EIOPA), the European Insurance and Occupational Pensions Authority, and theAuthority for Anti-Money Laundering and Countering the Financing of Terrorism (AMLA), the new European Anti-Money Laundering and Anti-Terrorist Financing Authority.