
Welcome to the website of the Institute of Banking Law. The Chair, the lecturers and our assistants are primarily concerned with questions regarding banking law.
Director: Prof. Dr. iur. Susan Emmenegger
Welcome to the website of the Institute of Banking Law. The Chair, the lecturers and our assistants are primarily concerned with questions regarding banking law.
Director: Prof. Dr. iur. Susan Emmenegger
On the 19th of November, the Institute for Civil Law, together with the Department of Economics, organized the “CBDC Research Forum Bern”, bringing together national and international researchers and practitioners. The event was held under Chatham House rule and virtually connected 30 participants from Switzerland, Austria, Germany, Liechtenstein and Italy for talks and discussion.
With the increasing acceptance and usability of virtual currencies, central banks and state actors began to explore and adopt emerging solutions to further digitize financial markets. After China, for example, tested a first prototype of a Central Bank Digital Currency
(CBDC) in practice, the European Central Bank also presented plans to introduce a digital Euro to the public. Similarly, the SNB in cooperation with SIX has been exploring and evaluating DLTs as an alternative CBDC and settlement infrastructure since 2019.
Talks and discussions provided insights into practical developments, case studies and empirical research into emerging CBDC systems.
Furthermore, implications from a financial market, supervisory and civil law perspective were discussed in detail.
Speakers: Raphael Auer (Keynote, BIS), Nino Landerer (SNB), Jonas Groß (University of Bayreuth), Aurelia Brine (University of Marburg), Corinne Zellweger-Gutknecht (Basel University), Marco Dell’Erba (University of Zurich), Simon Hess (University of Salzburg) and Christoph Kreiterling (BAFIN).
In October 2020, the EU commission published a questionnaire on sustainable corporate governance. The European Company Law Experts Group (ECLE) is critical with regard to the way the questions are posed: the main objective seems to be to confirm preconceived views regarding the need for a pan-european regulation.
The principle of equivalence has established itself as a leitmotif for the EU's relationship with financial service providers from third countries. The Institute of Banking Law's working paper offers an introduction to the issue. The equivalence tables provide an overview of the current status of the equivalence procedures (including their impact and their significance for Switzerland). An in-depth analysis can be found in Emmenegger/Bigler, Fortress Europe: EU Equivalence Procedures in Financial Services [Fortress Europe: Die Äquivalenzverfahren der EU im Bereich der Finanzdienstleistungen, SZW 2/2019].
The Swiss Banking Law Conference now has its own website: sbt.unibe.ch (in German). We are delighted to welcome you again to this year's Banking Law Conference.
IBL-Team
The Department for Gender Equality, in its portrait series, addresses the question 'What is excellence, really?'. Among the more than 50 portrayed women and men is Prof. Dr. med. Susan Emmenegger, in a double portrait with Prof. Dr. med. Axel Tschentscher. The two of them discuss their own career paths, the hurdles and good fortune and advise: 'Stick with it - it's worth it!'
On Thursday, the Blockchain Taskforce released its recommendations on how to regulate and develop the industry in Crypto Valley in the town of Zug. Federal Councilor Johann N. Schneider-Ammann accepted the white paper drawn up by about 50 people as part of the Blockchain Summit - Crypto Valley in Zug.
The White Paper presents several options for how digitally transmitted claims could be exempted from the requirement for the written form. A prerequisite would be the keeping of a decentralized trade repository. The working group ICO/Token, under the direction of Prof. Dr. med. Mirjam Eggen (University of Bern), has deepened their analyses and recommendations in a position paper and published it at the Blockchain Summit.
Innovation and Regulation: Prof. Christie Ford
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