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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 20^TH AND THE 21^ST 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