The Legal Nature of the Unit Trust

Hardcover | January 1, 1998

byKam Fan Sin

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This is the first book to examine in depth the doctrinal character of the unit trust. The author begins by tracing the history of the unit trust as a sub-set of the trust and the company. He goes on to examine a whole range of related topics, including the contractual ingredient of the unittrust and its implications on doctrines of perpetuities, important case law such as the case of Saunder v Vautier, frustration, and remedies. This is followed by an analysis of the unit trust's relationships, obligations, and rights aspects -- including the associative, agency and fiduciarycharacter of the relationships; the 'split of trusteeship' between the trustee and the manager (in the form of directory, veto, delegation, and advisory powers); and the nature of the unit trust. The relevant provisions of the Financial Services Act 1986 and its subsidiary legislation are alsoanalysed. Clearly this book will be invaluable to all those who require a better understanding of the unit trust.

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From the Publisher

This is the first book to examine in depth the doctrinal character of the unit trust. The author begins by tracing the history of the unit trust as a sub-set of the trust and the company. He goes on to examine a whole range of related topics, including the contractual ingredient of the unittrust and its implications on doctrines of per...

Dr Kam Fan Sin has been a lecturer in law at the University of New South Wales since 1994. He has previously published Building Project Finance in Hong Kong: Law and Practice with Butterworths (Asia) in 1987.
Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 1.02 inPublished:January 1, 1998Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198764685

ISBN - 13:9780198764687

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Table of Contents

Introduction1. Evolution of the Unit Trust2. The Trust and the Constitution of a Unit Trust3. The Character of Unit Trust Relationships4. Trusteeship in the Unit Trust5. The Nature of UnitsBibliography.

Editorial Reviews

'In a world awash with legal publications, "The Legal Nature of the Unit Trust" is a much needed an comprehensive examination of a topic that has largely been neglected by legal commentators...The author's in-depth exploration of the relationship between trust and contract as principalelements in the unit trust is not only instructive but also timely and appropriate..."The Legal Nature of the Unit Trust is a valuable contribution to our understanding of the law relating to unit trusts. It not only draws on the lessons of history and exhibits analytical skills of a high order, butalso draws attention to and discusses, where appropriate, the authorities in a number of jurisdictions.'