Monday, April 12, 2010

Law of Investments - Revision

For an open book exam - it is important in the preparation that you have all the materials properly structured. From my own experience I have always found it useful to have a list of all the principles or rules that I need to understand. I had to use card in my days because the exams were not open book and we had to cram one year of materials into a single exams - which can be quite tedious. But that had also taught me to organize my subject better.

What I think you should do is to list down all the principles that you should know. I will do this and let me know if I had left out anything:-

Lectures 1

Common Law

Legislation

Role of MAS & ACIS in regulating the financial market

Why regulate?

Lectures 2

Licensing Regime & Control of Licensees

Regulation of Financial Products

Regulation of Financial Services

Lectures 3

Suitability Rule

Know your Product

Disclosure – what is enough?

Financial Service Guide

Statement of Advise

Product Disclosure Statements

Liabilities for Breaches

Lectures 4

Common Law protection

Statutory Protection

Code of Conduct

Dispute Resolution

Remedies

Lectures 5

What is a Trust

Definition of a Managed Investment Scheme

Registration requirements

Scheme Constitution

Responsible Entity

Compliance Scheme

Effect of non registration


Lectures 6

Difference between a Debt & Equity

Nature of a Debt

Debentures - what are they

Regulations on the issue of Debentures

Charges - Fix & Floating

Priorities of Charges

Negative Pledge Lending

Guarantees

Third Party Guarantees



Lectures 7

Torrens System of Land Registration - what is it?

Indefeasible Title

Mortgage

Joint Tenancy v Tenant in Common

Strata Titles

Body Corporate - who they are and their function

Off Plan Purchases


Lectures 8

Shares - what are they?

The Corporate Veil

Disclosure requirements in issuing shares - prospectus

Dividend

Role of Directors

Duties of Directors

Rights of shareholders at General Meetings

Corporate Governance

Minority Protection


Lectures 9

Intestate Succession

Wills - formalities

Who must you make provision for in a will?

Effect of Divorce and Marriage to a Will

Power of Attorney

Enduring Power of Attorney

What are matrimonial assets

Division of matrimonial assets on a divorce

Pre Nuptial Agreements


Lectures 10

Sole Proprietors

Partnership

Limited Liability Partnerships

Companies

Trust

CPF

..........................

Ease of Registration

Tax

Cost of Registration

Control

Succession

Secrecy

Compliance


Lectures 11

Definition of Insolvency

Bankruptcy

Official Assignee - who are they

Duties of Bankrupts

Bankrupts Disabilities

Getting out of Bankruptcy

Assets protected from Bankruptcy

Role of an Administrator

Role of a Receiver

Role of a Liquidator

Insolvent Transactions - what are they?

Priorities of Creditors

------------------------------------------

Once you have a list of the things you need to know - the next is to have short write ups on them. It is important to have the relevant authorities (cases or sections of legislations)in your explanation and understanding of these topics.

Good Luck

20 comments:

  1. There are 78 topics in all - i counted :)

    ReplyDelete
  2. wow thanks so much, u were so nice enough to do this for us.:)

    ReplyDelete
  3. hey Mr Yeo, for question 8 in the "tutorial problems", the case applies to the Pinnel's Case rule, according to it, it mentions that the part payment of a debt does not discharge the entire debt unless the part payment was made at the request of the creditor and the payment was made earlier, at a different place, or in conjunction with some other valuable consideration.

    The question states that Bright agrees to accept the lesser sum given by Gill's wife and sent a receipt to Gill marked "in full statement". Does this means that the statement stated in the receipt to Gill is equivalent to request of the creditor?

    Also, does passing a cheque by Gill's wife to Bright applies to the Privity of Contract rule?

    Lastly, am I able to state this in my answer as the conclusion? "It is not stated that the payment was made earlier than the required date, or that it is made at a different place than agreed by both parties and also that other valuable consideration has been moved from the promisee to the promisor, the part payment does not discharge the entire debt as according to Pinnel's Case (1602).

    Therefore, Bright can sue for the remaining $500.

    Thanks Mr Yeo:)

    ReplyDelete
  4. Hi Sir,

    Can you provide the link again for the differences of company vs partnership vs sole proprietorship etc?

    Thanks

    ReplyDelete
  5. thanks so much, for everything. really appreciated that.

    -paige.

    ReplyDelete
  6. Hi Mr Yeo,
    Regrading the contradiction of Indefeasibility of title (pg 135 of textbook) and Section 121 of Transfers to defeat creditors (pg 280)
    Question: where bankrupt transfers property to another, but the consideration for transfer does not go to the debtor but instead to a third party, s 120 121 will apply and make it void. So in the case of only fraudulent would defeat the indefeasible, how could the transfer be void?
    -WillieOng

    ReplyDelete
  7. i am really sorry if you have gone through my question in class before. anyway, thanks for spending your precious time going the extra miles for us.

    ReplyDelete
  8. Firstly - the comments for Commercial Law - please post your questions there.

    For Willie - The concepts of indefeasibility of title concerns the torren system land registration whilst the issue of fraud in bankruptcy deals with the transfer of assets to defeat creditors - two totally different topics.

    SK

    ReplyDelete
  9. Hi Mr Yeo,

    Will you be posting any past year exam papers for us to practice on? thank you

    ReplyDelete
  10. hi bankrupt disabilities refer to what? the disadvantages? or what he's not allowed to do? then arent those referring to the effects?

    please advise. thanks.

    belle.

    ReplyDelete
  11. Hi sir,
    we are expecting u to post the old questions paper of law of investment.
    thank u.
    hope u will post it very soon since exam is getting very near

    ReplyDelete
  12. Dear Mr Yeo,

    Thank you so much for the effort to outline the topics. Would attempt to fill up between the lines and make sure that your effort wouldn't go to waste.

    Best Regards,
    Des

    ReplyDelete
  13. I hope I have answered all the questions here. Ihave posted some old papers. I know ther eis always the request for the answers too - butthat will just spoil all the fun.

    ReplyDelete
  14. Hello,
    your very last point in summary, "priorities of debtors".
    What does it refer to? Order of payment of debts?
    Could it be priorities of creditors?

    ReplyDelete
  15. Or does "priorities of debtors" refer to page 266 of text?

    ReplyDelete
  16. that is a typo - it is a priorities of creditors - which I will amend - thanks for pointing it out.

    ReplyDelete
  17. hey,

    i hope that maybe u could get back to be a full time lawyer instead of teaching,

    not sure if its me or the way u teach...

    ReplyDelete
  18. why not make it a multiple choice paper?? will be a lot easier for me

    ReplyDelete
  19. hi SK,
    cant find any other posts regarding managed investment schemes so i had to dig out an old one. s 601ED states:

    A managed investment scheme does not have to be registered if all the issues of interests in the scheme that have been made would not have required the giving of a Product Disclosure Statement under Division 2 of Part 7.9 if the scheme had been registered when the issues were made.

    and i didnt really get what it meant...so here's what i managed to summarise. would appreciate it if you could verify it: the RE doesnt need to register the MIS if the MIS doesnt require a PDS to be distributed to its investors. prob like in the case of vineyard scheme in tutorial 6, for which I am not really sure why they needed to be registered since the investors were all already sure about the scheme they're in. so 2nd question: is the registration in the case of vineyard scheme purely to protect new investors? cos it doesnt seem to me that the current investors needed a PDS to begin with.

    thanks

    ReplyDelete