BANK HOLDING COMPANIES (2) (BUS 508)

Professors Sara Kelsey and Kathleen Scott

This course will examine in detail the Bank Holding Company Act (BHCA) and related laws, such as the Gramm-Leach-Bliley Act of 1999, explaining the policy goal of the “separation of banking from commerce” from the BHCA’s origins to recent developments tied to the current financial crisis and address topical questions, including whether “deregulation” under the Act and related statutes, such as Glass-Steagall, have contributed to the crisis, whether private equity firms should be able to own banks, and whether there are regulatory gaps in the current framework. This course will also examine what constitutes a “bank,” a “financial holding company,” control for purposes of determining the applicability of non-voting equity investments, and the treatment of foreign banks under the BHCA. (Open to LL.M. Students Only)