L’organizzazione del capitale nell’impresa bancaria

A reflection on the role of the capital in the banking company drives to inter- ests protected by the banking system discovering. Concerning Banks, the legislation is driven to assure a sufficient link between the “regulatory capital” and Bank’s activities, particularly taking into account risks, therefore “regulatory capital” must be commensurate with risks. Thus, own funds become the first safeguard against banking-related risks and, at the same time, a reference parameter for the assessments of the Supervisory Au- thority. As a consequence, total internal capital amount is the result of an or- ganization process which, together with the adoption of adequateness of gov- ernance and management of liquidity risk, forms an integral part of the com- pany management and contributes to determine the strategies and the current overall operations of the banks. In conclusion, it must be underlined that capital’s requirements are expression of the adequacy of organization and both, together, realizes the principle of sound and prudent management. In banking companies, the lawmaker, in addition to tightening the discipline on capital, considers the principle of sound and prudent management as essential as the cardinal principle of the entire system of the regulation law. The sound and prudent management becomes functional to the achievement of the purposes set by the art. 47 of the Constitution by creating a link between sound and prudent management and the protection of the savings. From the analysis carried out on the discipline of the social capital in the bank- ing company, three points of reflection can be highlighted: 1) in the relation- ship between individual claims, assets and collective interests, it emerges how each individual claim effectively contains a segment of public interest and as- sumes an organizational value of the company; 2) with the establishment of capital requirements by the Supervisory Authority, the autonomy spaces of banking companies are compressed to rebalance the protection of interests, so that regulation becomes an ordering criterion for both authority and freedom; 3) the intervention of the Supervisory Authority finds its legitimation in the art. 47 of the Constitution and pursues the aim of maximizing the public interest intended as protection of savings, so that its power is legitimized if and to the extent of how it maximizes the enjoyment of the rights of the person and bal- ances the compressible component of those rights.