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YORK - MIAMI - LA - HONG KONG - DUBAI - SINGAPORE - BEIJING
Syllabus
for Law of Trusts
Law and Administration
- LLM111
I.
COURSE DESCRIPTION
This
course presents a very in-depth comparative approach to
the relationships, rights, duties, obligations, created
and/or embodied in jurisprudence and statutory regime for
entities and also fiduciary relationships absent a entity
with legal personality. The course particularly focuses
on trusts and trustees but also examines other entities
including corporate type legal persons with limited or unlimited
liability for members and partnerships. This course
then examines Civilian law entities, such as the foundation,
stiftung, and stichting,
as well as addressing the recognition of entities cross-border
between Civilian and Common law jurisdictions and the Hague
Convention and its potential uses is considered.
This is not a tax course but rather a substantive
law course. Generally, it is taken concurrently with
Tax of Trusts, Companies, and other Entities. This course is taught by Dr Daan Ribbens, author of numerous
academic articles and books on comparative legal issues
associated with entities.
II.
PURPOSE
An LLM executive level course.
This course will be taught at the executive level
and will employ case studies as well as global case analysis.
Generally, this course is taken concurrently with Taxation
of Trusts, Companies, Partnerships and Other Entities.
- 3
credits
- elective
course
- no
prerequisites
III.
COURSE PROCEDURE
This course will involve fourteen weekly modules
that are delivered through on-line instruction pursuant
to current program specifications.
Each module will contain text material, study guide
instruction, and weekly interactive participation.
Text material may contain a combination of code sections,
cases, and commentary materials.
Study guides will contain commentary materials upon
the text materials with imbedded exercises and assignments
to be completed either independently or within a group of
two to five persons.
Assignments may be submitted directly to the Instructor
or submitted to the classroom.
Each module, selected students may be called upon to deliver
answers in the Internet based classroom to questions posed
by the instructor.
Questions may be posed in case study form or in issue
form. Answers
may be short (one page) form or long form (five page analysis).
During the semester, module based audio and videotape lecture
construction will be explored as well as the provision to
students through streaming technology.
During the sixteen-week semester, the students will
have two technology skills and control weeks.
The first week of the course, the student will spend
the time acquiring and testing the necessary accessing components
of the course, including: blackboard skills, database access,
proxy server access, material download, and other technical
issues. Also,
students will introduce themselves and identify with each
other (camaraderie and network building).
During the third week, students will be given another
breather week to check the quality of their acquired technology
technical skills and offsite database access in order to
identify any problem areas that require immediate correcting.
During the semester, each student will receive at
least two detailed feedback sessions from the Instructor
through the detailed marking of his/her/group study guide
assignments and/or class participation.
Separately, the Instructor is available for office
hour private counseling through email, telephone, and perhaps
by residential office appointment.
Other assignments may receive feedback and will receive
a grade, recorded in the online grade book that students
may assess their performance.
IV.
ATTENDANCE AND PARTICIPATION
This
online course requires attendance which is measured by (1)
the modular-weekly interactive participation opportunities
in the classroom, (2) mandatory weekly participation through
being called upon to address the class for certain modules
as well as (3) modular study guide assignments.
Missing mandatory weekly participation assignments
is the equivalent of being not prepared in class and will
result in a zero for that assignment.
Not turning in study guide assignments will result
in a zero for that assignment.
V.
EVALUATION OF STUDENT PERFORMANCE
Grades will be determined through a combination of
factors, as follows:
final
exam 50%;
weekly
study guide assignments – 25%
weekly
participation 25%
VI.
REQUIRED TEXTS
Electronic
texts edited and authored by the Instructor, supplemented
by reference materials.
Reference materials will include source materials
and secondary materials.
VII.
REFERENCE MATERIAL
Reference
material will be drawn and accessed from Internet enabled
databases.
VIII.
WEEKLY SYLLABUS
MODULE
ONE: WHAT IS A TRUST?
MODULE
TWO: SUI-GENERIS NATURE OF THE TRUST
MODULE
THREE: CLASSIFICATION AND TYPES OF TRUSTS
MODULE
FOUR: DRAMATIS
PERSONAE
MODULE
FIVE: FORMAL REQUIREMENTS FOR THE CREATION OF A TRUST, THE
ESSENTIALS OF A TRUST, THE CONSTITUTION OF A TRUST AND THE
LEGALITY OF THE TRUST
MODULE
SIX: MAJOR INCIDENTS OF TRUSTEES’ FIDUCIARY DUTIES
7 MODULE
SEVEN: THE STAND-OFF BETWEEN CIVIL AND COMMON LAW WITH REGARD
TO THE TRUST
MODULE
EIGHT: TRUSTS IN THE CIVIL LAW (CONTINUED) AND IN OTHER
JURISDICTIONS
MODULE
NINE: CONFLICTS OF LAW, THE HAGUE CONVENTION AND THE EXPORTING
OF TRUSTS
10 MODULE
10: JURAL/LEGAL RELATIONS , (NON-JURISTIC) ENTITIES AND
JURISTIC ENTITIES
MODULE
11: PARTNERSHIP: THE PARTNERSHIP IDEA AND PARTNERSHIP PROPER
(INTUITU/DELECTUS PERSONAE)
MODULE
TWELVE: PARTNERSHIP: THE PUBLIC [ISSUE] PARTNERSHIP AND
JOINT STOCK COMPANIES
MODULE
THIRTEEN: THE PARTNERSHIP IDEA: THE COMMANDITE- PARTNERSHIP
ORLIMITED LIABILITY PARTNERSHIP (INTUITUS PECUNIAE)
MODULE
FOURTEEN: THE PARTNERSHIP IDEA: THE QUASI-PARTNERSHIP
COMPANY, THE INCORPORATED PARTNERSHIP, THE CLOSE CORPORATION,
THE SOCIÉTÉ
À RESPONSABILITE LIMITEÉ (SARL),
THE BESLOTEN VENNOOTSCHAP
MET BEPERKTE AANSPRAKELIJKHEID (BVBA),
GESELLSCHAFT MIT BESCHRÄNKTER HAFTUNG (GMBH),
THE CLOSE CORPORATION IN THE U.S.A., THE CLOSE CORPORATION
(CC) OR BESLOTE KORPORASIE
(BK) IN SOUTH
AFRICA AND THE
LIMITED
LIABILITY PARTNERSHIP
(LLP) IN THE UNITED KINGDOM
MODULE
FIFTEEN: THE TRUST AND THE PARTNERSHIP IDEA IN SYMBIOSIS,
THE JOINT STOCK COMPANY OF THE 20TH AND THE 21ST
CENTURY: THE SO-CALLED BUSINESS OR TRADING TRUST (INTUITU
PECUNIA) [AND]/OR
INTUITU PERSONA
MODULE
16: FOUNDATION, STIFTUNG,
STICHTING AND STIGTING
(UNIVERSITAS RERUM)
LLM
Online Course Requirements for AAFM Financial Board Certification:
- CWM
Chartered Wealth Manager - Take LLM 131, and LLM200
- CTEP
Chartered Trust & Estate Planner - Take: LLM111 and
LLM 131
- CPM
Chartered Portfolio Manager - Take LLM 222
- CRA
Chartered Risk Manager - Take LLM106 and 110
- CAM
- Chartered Asset Manager - Take LLM 104 and LLM 105
- CMA
- Chartered Market Analyst - Take LLM 333 (Must of Masters
Degree, JD or CPA)
- RFS
- Registered Financial Specialist - LLM 101 and LLM 102
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