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China’s securities market has never been clearly market-oriented or under the firm rule of law. However, Kaili’s court case against the China Securities Regulatory Commission resulted in a landmark decision in favour of the plaintiff. Jingzhou Tao, managing partner of Coudert Brothers’ Beijing office, explains the importance of the ruling

Banks know that losses due to operational risk will cost them. But how much capital should they assign to cover those costs? Richard Bethell-Jones of Denton Wilde Sapte, London, assesses the Basle Committee’s attempts to develop guidelines

In December last year, the European Parliament approved several amendments to the 13th Directive on Company Law concerning Takeover Bids. The amendments include allowing the board to increase the share capital of the company during the period of acceptance, as long as shareholder authorization was received at a general meeting held not earlier than 18 months before the acceptance period began, and extending the duties of the directors to consider employment when giving their opinion on a bid. It is unlikely that either the European Commission or EU governments generally will accept these amendments. At present, the European Council has until April 2001 to finish its second reading of the Takeover Directive. If the amendments are not approved, the process of conciliation will begin, by which the Commission will attempt to broker a compromise. If no compromise is reached, the European Commission will have to start the process again with a new draft.

The new Belgian Company Code, the law of January 23 2001, and the Royal Decree of January 30 2001 which sets out the details of various general provisions in the Company Code, all came into effect on February 6 2001.

Commissioner Laura Unger has been appointed acting head of the Securities and Exchange Commission (SEC) until President George W Bush makes a final decision on a permanent appointment.

Christophe Caffard in conjunction with Philip Boys, Lovells, Paris, describes the legal and regulatory environment for online brokers in France

Electronic banking is becoming more and more fashionable in Switzerland. A great number of established banks now also offer their services on the internet. And so far five banks have been licensed to do exclusively e-banking. The Federal Banking Commission takes a liberal approach to this new form of banking. This supervisory authority considers the availability of e-banking in existing banks as a mere extension of sales channels which is not subject to an additional permit and must not even be notified to the FBC.

The Polish Parliament is working on changes to the Banking Law Act of 29 August 1997 (Journal of Laws of 1997, No 140, item 939 with subsequent amendments). The aim of the proposed amendments is to harmonize the Polish legal system with EU regulations. The main references in this process are the provisions of Directive No 2000/12, relating to the taking up and pursuit of the business of credit institutions and regulations, regarding consumer credits and electronic money.

"This should not be seen as a move to take on the best of Wall Street"

Allen & Overy has poached the senior partners of two US law firms in a bid to boost the firm's ability to offer transatlantic advice on US law for European and US clients.