{"id":3489,"date":"2012-04-03T13:15:10","date_gmt":"2012-04-03T03:15:10","guid":{"rendered":"http:\/\/sites.thomsonreuters.com.au\/journals\/?p=3489"},"modified":"2012-04-03T13:15:10","modified_gmt":"2012-04-03T03:15:10","slug":"journal-of-banking-and-finance-law-and-practice-update-march-2012","status":"publish","type":"post","link":"https:\/\/sites.thomsonreuters.com.au\/journals\/2012\/04\/03\/journal-of-banking-and-finance-law-and-practice-update-march-2012\/","title":{"rendered":"Journal of Banking and Finance Law and Practice update: March 2012"},"content":{"rendered":"

The latest issue of the\u00c2\u00a0Journal of Banking and Finance Law and Practice<\/em> (Volume 23 Part 1) contains the following material:<\/p>\n

Articles<\/h3>\n

Proprietary rescission and the impact of insolvency<\/a> <\/em><\/strong>\u00e2\u20ac\u201c <\/em>Alexandra M Whelan<\/p>\n

In the context of insolvency, the privileged position of creditors with vested proprietary interests in assets held by the insolvent or bankrupt is uncontroversial. For a creditor, holding a vested proprietary interest may be the difference between being paid out in full and not being paid at all. This article considers how the law treats an equitable proprietary right to rescind (a \u00e2\u20ac\u0153mere equity\u00e2\u20ac\u009d) after the commencement of bankruptcy or liquidation. In particular, it examines the situation where the party with the proprietary right to rescind does not elect to exercise that right until after the party holding the relevant property goes into liquidation or bankruptcy, and explains the Australian and British jurisprudence on mere equities and proprietary interests in the context of insolvency. The article provides an overall assessment of the law and proposes a way forward that attempts to reconcile the aims of insolvency, the statutory regimes, jurisprudence and relevant policy considerations.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

Regulating the entry of foreign banks into China\u00e2\u20ac\u2122s banking sector<\/em><\/strong><\/a> <\/strong>\u00e2\u20ac\u201c <\/em>He Wei Ping<\/p>\n

This article provides an overview of the means available for foreign banks to enter the Chinese banking sector. Emphasis is given to the current legal and regulatory framework in relation to five available vehicles: representative offices; foreign branches; local incorporation; equity participation; and county banks. In highlighting the regulatory controls surrounding these means, this article seeks to identify and critically review the regulatory implications for foreign banks and their operations in China.<\/p>\n

To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n

Sections<\/h3>\n

BANKING LAW AND BANKING PRACTICE<\/a> \u00e2\u20ac\u201c Alan L Tyree <\/em>and John Sheahan SC<\/em><\/p>\n