Essays on Trustee

CHAPTER II

This chapter will seek to conduct an absolute inquiry into what makes up security interest laws in the United States. In order to lay the foundation for comparisons in subsequent chapters, the three main elements of the study of the Saudi system will be reviewed here in the context of U.S laws with an emphasis on California state law. The features of the California legal system will include the assessment of foreclosure rules and patterns in California. This will include a detailed fact-based evaluation of CCP580 (b), CCP580 (d) and CCP726 (a). The different components will enable the study ...

A unit trust is a form of a collective investment scheme that allows investors to pool their money for the purpose of investing in the Malaysian stock market and other approved investment portfolios (Hassan, 2016). The unit consists of three parties, the fund manager, the trustee, and the unit holder (Hassan, 2016). A unit trust is governed by a trust deed that outlines the objectives of the fund, the investment style, and the relationship between the unit holders, the fund manager, and the trustees (Fabozzi and Markowitz, 2011). The fund manager is responsible of investing the funds of the ...

I. Introduction: Estate Planning As the saying goes, nothing is more certain in life than death. As many lawyers are trained, if you know that an event will happen, it is best to prepare for that event in order to put yourself in the best possible situation to take advantage of circumstances when the event occurs. The law’s response to effectively preparing for the ultimate eventuality is known as estate planning. Estate planning, in essence, is the process and procedures performed by an individual to arrange for the transfer of their “estate” in anticipation of death or incapacity ( ...

Describe civil and criminal penalties that might arise from Ima’s death

Under the provisions of the Occupational Health and Safety Act (OSHA) 1970, all employers are responsible for creating adequately safe working environment (Pinnington, Macklin & Campbell, 2007). The possibilities of employee contact with uninsulated wire is a situation, when life of this employee becomes jeopardized, as well as there is a possibility of getting serious bodily damages. In this case, the affected employee, or the family members are entitled to claiming general damages from the employee. Furthermore, because the omissions of Walexron are conspicuously blatant (uninsulated wire obviously poses a huge hazard to the employee and visitors of the facility) ...

Introduction

The Federal Acquisition Regulations (FAR) governs procurement procedures in most government entities. However, some federal government entities are governed by additional laws such as DFAR and GSAR. These regulations stipulate the procedures and rules to be adhered to by government agencies when conducting business. FAR was enacted to protect the interests of the federal government as a trustee to tax payers. Consequently, it tends to favor the federal government and by extension, the taxpayers. Besides, it seeks to protect business entities that contract with the government from abuses by the federal government owing to the fact that the federal ...

Influence of Black Greek Sorority: Recruiting and Retaining African American Women Leaders in Higher Education

20 pages 20 references

Introduction

A demographic shift is happening that can potentially be an opportunity for African American females to step into leadership positions in community colleges. In 2007 60 percent of the presidents were 61 or older meaning that they are ready for retirement (Weisman and Vaughn 2007). The ageing of the baby boom generation means that the anticipated level of retirement for community college presidents as a whole was 15 percent for 2015 (Shults, 2001).Forty nine community college presidents retired in 2011 (AACC, 2012). The large turnover due to retirements is an opportunity to fill executive ...

Despite the redistributive powers granted to courts in matters related to divorce, there is a limited statutory regime that offers adequate governance of financial consequences on cases. Therefore, the majority agrees that the current form of constructive trust in family affairs remains unsatisfactory. In this regard, the constructive trust in family law is associated with risk of injustice posed by the litigants. Tension between legal objectives arises when the courts attempt to combine various principles of law to provide justice. Also, a huge amount of legal waste is generated when judicial manipulation is applied to ensure fairness in justice ...

Governing Policy, Board Members, Roles, Responsibility

Stakeholders, Clients, and Community [Institution Title]

Introduction

Every organizations are not without a stakeholder. It only means that every organization is rightfully composed of different individuals who are classified as the “organization’s stakeholders.” In an article published in 2014, the author described the stakeholders as the brand of the organization. In other words, the stakeholders serve as an image that represents the organization and what it generally stands for. There are two types of stakeholders. These include the (a) external stakeholders, and (b) internal stakeholders . Each type of stakeholders have a specific role in the organization and each contributes ...

Executive Summary

This dissertation deals with the disclosure obligations of the Charities in the UK in regards to the executive remuneration to the public and stakeholders. One of the means of disclosure is the annual report of the Charities also known as the Trustees’ Annual Report to be submitted to the Charities Commission which is the authority charged with the oversight of the charities in regard to their compliance with what is known as SORP. There were criticisms in the media about the excessive remuneration being paid to the CEOs of the leading charities in the UK. Therefore, this study gains ...

In partnership Act, a partnership is the relation that exists between persons carrying out business in common with the aim of making a profit. When each partner agrees to contribute property, capital and labor for his share in the partnership, they form a general partnership. The partnership agreement provides for the way in which profit and losses are to be shared. However, profits should be shared equally amongst the partners if it does not exist. Under general partnership, each partner has an equal right to participate in the management, decision making and control of the business. The majority partners resolve disagreements in ...

Three Certainties are Essential to Justify the Validity of an Express Trust. However, Surrounding case law has detrimentally affected their Efficacy.'

Introduction

Regarding to law, it is said that trust gives one of the strongest obligations on the trustee and therefore as an impact, no one should take the responsibilities of trust lightly. According to the la of equity, there is a requirement that the three involved formalities and certainties must be completed before the constitution of an express trust. The three certainties in trust could be well described as a set of conditions which exemplify the trust if fulfilled. These three ...

The law of property act of 1925 is among the Acts that were designed as part of the integrated legislative program initiated by Lord Chancellor Lord Birkenhead between the year 1921 and 1925 (Beale Jr. 1907). This piece of legislation primarily concerns itself with the transfer of property. In law, the word property is synonymous with the word land. There are many reasons that explain why land is the most fundamental kind of property in society. The provisions relating to the law of property are principally concerned with the transactions on matters of land, most prominently leases and deeds. ...

What challenges, if any, did colonialism and the cold war pose to the United Nations at its inception in 1945? Use specific examples to illustrate your answer. The world has gone through two serious world wars. The negative effects of first and second world, wars are still eminent. Most of the countries that actively took part in the second world wars lost their economic superiority due to repeated bomb attacks. The Allied victory against the axis brought the eagerly awaited peace. The allied forces convened several meetings that came up with the United Nations organisation. The frictions between ...

Part-A: Privacy Protection

Introduction Privacy policies are statements, usually stated on e-commerce platforms, which govern and determines the way in which the e-commerce platform gets or collects, uses maintains and discloses information from users (Ecommerce Platforms, 2014). It also covers how the information collected by the platform is protected against unauthorized third parties who might intend to have access to it for wrong purposes. 84% of Americans believe that privacy protection in the US is not adequate while 78% believe that consumers have lost confidence over how their information is being used (Head and Yuan, 2001:150). They further explained that the ...

If the choice is between renegotiation and termination, Missan should renegotiate rather than terminate the contract. Unilateral termination may not be available to the company because of the weak grounds for its justification. It can, additionally, expose the Company to risk for potential wrongful termination, which can result to liability. On the other hand, a renegotiation can give Missan an opportunity to set new terms that are more favourable to it, taking into account the present circumstances.

Repudiatory Breach as Justification for Termination

Missan can only terminate the contract with Depeche if such termination can be justified, otherwise it may be exposed to liability for wrongful ...

Business Law

Business Law - The three ethical frameworks discussed by Halbert and Ingulli (2012) include free market ethics, utilitarianism and deontology (rights and duties). Free market ethics focuses on the main objective of the business to be profitable. In this case, the manager has the sole responsibility to improve the value of investments from shareholders. Therefore, if the manager fails to run the company, he is answerable to the company owner. Money-making must also conform to the fundamental rules of the society. For example, there is a growing demand of oil all over the world, while there is renewable energy, ...

Executive Summary:

In the following discussion which we sourced from credible resources, we believe that it was the advantages offered by SMSF as well as the legislative changes introduced by the Australian government that has increased the attractiveness of SMSF over the decade. Most importantly, it is the increased accessibility and attractiveness of the property investment through SMSF that has worked as the growth factor for SMSF. The latest survey relating to SMSF structure also suggest that during the recent years, more and more younger individuals have joined SMSF because of its flexible features to invest in real estate and allowance ...

Bankruptcy is the process by which a debtor who is unable to pay his creditors, can discharge his debts and get a “fresh financial start”. The most common types of bankruptcy are known as Chapter 7, Chapter 13 for individuals or small businesses and Chapter 11 for larger businesses. Chapter 7 is a liquidation of all the debtor’s assets where the proceeds are used to pay off your creditors. Once all the proceeds are spent, the debtor will be “discharged” from bankruptcy and will no longer be personally liable for most of the debts owed to creditors. Chapter 13 gives the ...

They did not pay proportionally to the purchase. However, it is irrelevant because the facts do not state otherwise. Normally when purchases are done un-proportionally, the parties involved will receive unequal returns on investment. In this case Harry, Ida, Julian, Katrin and Luca did not emphasize on this fact. A transfer usually holds contains a maximum of four trustees on the legal document1. Luca is not on the transfer but he is still a joint tenant. The transfer carries all the names but excludes Luca’s. As per the Law of Property Act 1925, the four trustees are joint tenants and ...

Ardian is the premium private investment company that was adopted from AXA Private Equity. It is the biggest global leader in the investment sector and provides worldwide clients with a variety of investment options (Ardian, 2013). Established on its sponsorship programs, Adrian has created its own endowment fund to finance projects such as education, culture and social entrepreneurship in France. Adrian has a project of over 100,000 euros with Cass’s research center to offer student scholarships. Ardian is currently working with CLS, a company that provides satellites for environmental monitoring and tracking. Ardian bought its CLS shares from the a group ...

Introduction

Faking it until you make has become the daily invisible tactic for new and developing businesses to easily gain a larger share of the market. The legalities and rules set by business corporations have made it seem to be impossible for Small and Medium Enterprises to enter the competitive world of business. Due to this challenge, the SMEs shift to the cheaper and most effective way which is gaining fast grip of the consumer’s attention which involves working against the law. Fraud on competition has of late increased in the business world. Businesses tend to add ghost positive ...

Created at the start of 20th century on the basis of a primitive Bedouin society, the Kingdom of Saudi Arabia has rapidly developed into one of the leading countries of the world. The country embraces traditional aspects of Arabic civilization, as well as major achievements of modern cultures, bound together by Islam and traditions in cultural sphere and by the state in socioeconomic sphere. - Economy - Oil Industry The economy of Saudi Arabia is to a large extent based on oil-and-gas industry with an overwhelming part of oil industry, in particular crude oil exports. It is also ...

Article review: Pepper and partnerships

This article focuses on the journeys of Abraham bin Yiju, (1120-1160CE), a Jewish trader born in Tunisia. Trade in this time was quite advanced as can be seen in this chapter, Abraham used to trade in spices from Asia to Africa and the Mediterranean coast. Trade was mainly learnt through apprenticeships and Abraham was no exception as he was sent by his father to an apprenticeship for six years at the hands of a prominent trader Mahmud Ibn Bandar who was later to be his important partner in trade. The use of introduction letters by traders to other traders was ...

AMR Corporation

- AMR Corporation is a conglomerate airline company incorporated in Delaware, October 1982. AMR’s principal subsidiary is American Airlines, founded in 1934. - The name of AMR’s external auditing firm was Ernst & Young LLP, Dallas Texas office. - The main reason for the bankruptcy filing was to restructure the debt and costs that had become a competitive disadvantage to AMR. Labor costs, volatile fuel prices, and economic uncertainty were the main drivers in this cost disadvantage. Furthermore, AMR’s competitors had previously filed for Chapter 11 bankruptcy in order to accomplish the same goals through restructuring. ...

- The interest rate required by investors on a debt security can be expressed by the following equation: Interest rate = RRF + IP + DRP + LP + PRP + CRP. Define each term of the equation, and explain how it affects the interest rate. RPF stands for real risk-free rate. Real risk-free rate is the minimum percentage of return required by investors identified for the moment of calculating the interest rate. RPF identifies maximum value of the risk that could be accepted. In practice, risk-free rate is bound to a three-month US Treasury bills. There is directly proportional to the interest rate and the ...

Introduction

In the United States, and in other developed countries, healthcare is treated more like a necessity than a benefit, contrary to the way how most developing countries prioritize the provision for healthcare and other health and wellness-related services, wherein it is perceived more like a luxury. This is one of the main reasons why there are a lot of thriving health and medical insurance companies in the U.S. and other developed countries. The citizens in those places are willing to pay a premium just to get the best healthcare services for themselves and their family members, who basically act as dependents in a family health ...

Philosophy 334 Summer Essays

Business cultures exists with a primary goal of profit. This compromises the ethical conduct of a business since all other things, including morals and ethics, often take the back seat in order to make way for maximization of profits. We will return to this case as a comparison later, as it has bearing on the similar case of XYZ Hose Co. in which a design for hoses to distribute anhydrous ammonia to fertilize farmer’s fields. These cases represent a micro and macro view of liability in which a forprofit company caused problems in the life of citizens. Legally, there are three classifications for ...

Introduction

Bankruptcy is the state of being unable to repay debts owed. This is a legal status that can affect an individual or an organization. In the United States, there are laws set to help debtors through liquidation process. Alternatively, the individuals can create a repayment plan (Federal Courts, 2011).

Bankruptcy Basics is a publication of the Bankruptcy Judges Division of the Administrative Office of the United States’ Courts. Its major role is the provision of relevant information to creditors, debtors, courts, the media and individuals on bankruptcy and existing federal bankruptcy laws. It contains detailed information on the processes involved, discharge in ...

Executive Summary

Conventional banking is based on the issue of interest. However, most religious teachings, including Islam, are for the opinion that charging of interest is wrong and should not be prohibited. However, most of the modern banking systems are based on this principle. To steer away from this, the Islamic banking has derived ways of avoiding interest charges. One of these is the use of Murabaha. The essay below looks at the differences between the Murabaha and conventional loans.

Introduction

According to Hanif (2011, p.170), the trend in the modern banking system in which interests are charged is unacceptable to most ...

When considering the advantages and pitfalls of various styles of representation one can make several arguments to the strengths of a delegate model or a trustee model. Importantly, the intended purpose is of seminal importance and requires significant consideration. The reason for this emphasis is that the establishment of a congressional body requires guidelines by which the construction and maintenance of that body should proceed.

According to the delegate model of representation, an elected representative lacks autonomy in his decision making. That is to say, his obligation to his constituents is to best represent their stated objectives, in effect serving as a relay ...

Financial appraisal

Advance payment is usually required by suppliers of goods with an aim of ensuring that the buyers of the goods actually pay for the goods when they are delivered. In addition, advance payment ensures that the individuals who have ordered the goods do not fail to receive the goods when supplied. However, there is a possibility that the suppliers may not be able to supply the goods and this can lead to loss of cash to the individual buying the goods. Advance payments are usually made to suppliers who are known to the business. These suppliers should be trustworthy and ...

Financial appraisal

Query 1 Risk refers to the likelihood of incurring losses. Financial risk results from several events such markets prices fluctuations, foreign exchange fluctuations, interest rate fluctuation among others. There are several ways in which RTE can reduce or extinguish financial risk on the investment of 100,000 pounds in fitting and furniture for the new building. This section discusses some of the ways of mitigating the financial risk they are exposed to. RTE should first conduct an internal as well as an external analysis to identify the risks facing it. RTE trustees should then understand its relevance ...

Statute of Frauds

In Quality Pork international v. Rupari Food Services, Quality Pork International, a Nebraska corporation, filed a suit in 2000 against Rupari Food services, a Florida corporation, to recover the costs of the goods of a third shipment ( 44,051.98 ) to a third party, Star Food International, and to receive the payment from Rupari Food services.

The original agreement was arranged under an oral contract by Midwest brokerage. Rupari billed Star Food International for the 3 shipments but paid Quality Pork International only for the first two shipments arguing that there was no formal agreement between Quality and Rupari as required by UCC S 2-201. ...

Question one

Elizabeth, Georgina and Sarah are partners in a successful restaurant business conducted in Brisbane. They have a partnership agreement which authorises each partner to enter into a contract, on behalf the partnership, up to a maximum value of $1 000. Eddie, a local timber merchant, approaches Georgina and offers to sell various timber products worth $25 000 the partnership. Eddie is not aware of the partnership agreement. To expedite the conclusion of the transaction, Eddie offers Georgina a substantial commission on all purchases made by the partnership. Georgina signs a contract for the purchase of the timber and is forthwith paid a commission of $2 000. She ...

The estate plan is intended to reduce the amount of both federal and state tax payable on the gross estate of the clients. The estate plan seeks to develop efficient gifting plans by the clients to specific beneficiaries and effectively reduce the amount of tax that is payable from the gifting plans to the minimum. The estate plan should enable Rich distribute his estate to all his beneficiaries without any conflict of interest arising from the remarriage of his wife after his death. The estate plan seeks to revise the client’s will to be more effective and ...