Banking law is the general term for the laws governing how banks and other financial institutions conduct their business. Banks must comply with a myriad of federal, state and even local regulations.
Banking law is strongly influenced by public economic law, as it is a vital matter for the state and consumers.
It is a very technical law, which must ensure the legal security of the customers. This is why it results in a rather accentuated legal formalism. This technicality has led to the creation of specific legal mechanisms not found in commercial law, for example, the current account, discount or transfer.
Banking laws can exist in order to achieve many objectives, for example:
- Ensuring transparency for consumers;
- Reducing risks for bank customers;
- Preventing the misuse of banks for purposes such as money laundering;
- Allowing consumers to conduct banking transactions in complete confidentiality etc.;
- Ensuring the transparency of banking services and products;
- Ensuring the protection of consumer's privacy and confidentiality.
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