Asset & Wealth Protection, 2nd Edition
Where Do You Draw the Line when Advising Clients?
Publisher: LexisNexis Canada
Protecting assets and wealth has always been a challenging task. Consider these recent events:
- The current global financial crisis - which has put assets, wealth, and retirement at risk for many
- The criminal convictions of several Canadian and American business leaders for commercial and accounting fraud, eroding confidence in the market
- The "No Cash" and "Know Your Client" rules introduced by Canadian law societies to help combat money laundering, terrorist financing, and fraud
Professional responsibility and legal advice are now subject to stricter standards - meaning the need for an awareness of the boundaries of appropriate legal advice has never been greater. As a professional advisor, you must be prepared to defend your advice should the need arise.Asset & Wealth Protection, 2nd Edition
helps you clearly identify essential boundaries and strategies. Author Kelly Doyle focuses on anticipating and solving problems before they happen, and discusses specific strategies to overcome any challenges that emerge. Topics include corporate law, bankruptcy and insolvency, tax planning, family law, estate planning, and more.
Learn how to minimize risks to your clients - and yourself:
What's New in This Edition?
- What pitfalls do practitioners commonly encounter?
- How can instructions and opinions be framed to avoid future liability?
- How can such evidence be used to rebut allegations of fraudulent transfers and preferences?
- What remedies are available to clients who receive poor or inadequate advice from investment advisors?
- When is a marriage agreement or separation agreement advisable or appropriate?
- How do the courts address conflicts between creditor and familial obligations?
An Indispensable Roadmap For:
- New chapter on market risks and remedies related to securities litigation for clients who were poorly served by investment advisors and others
- Review of the new "Know Your Client" rules and how to comply with them
- Appendices with fundamental federal and provincial legislation - fully updated for one-stop reference
- Review of new legislative developments, including federal and provincial execution exemptions for pensions and related assets
- Recent cases, including:
- The Danier Leather Inc. class action (2007) on securities litigation
- Strother (2007) on conflicts of interest and loyalty
- Botham Holdings Ltd. (Trustee of) v. Braydon Investments Ltd. (2008) on fraudulent transfers
- The Asset-Backed Commercial Paper restructuring proceedings (2008) on the use of the CCAA to reorganize trusts and a lending industry
- Lipson v. Canada (2009) on the use of the General Anti Avoidance Rule in tax assessments and proceedings
- Rick v. Brandsema (2009) on setting aside separation agreements and consent orders
Table of Contents
- Corporate-commercial lawyers who must understand the legal consequences of business structures
- Accountants who must understand the legal and tax consequences of business and estate planning structures
- In-house corporate counsel who need a comprehensive overview to assist in identifying issues, retaining specialists and providing instructions
- Insolvency practitioners who must be aware of how courses of action impact other creditors and stakeholders
- Estate and financial planners who need to assess how personal and business asset protection intersect
- Family lawyers who handle the division of family and business assets between separating spouses
Chapter 1: Introduction
Chapter 2: Professional Responsibility
Chapter 3: Practice Pitfalls
Chapter 4: Personal Risk Management
Chapter 5: Business Risk Management
Chapter 6: Professional Risk Management
Chapter 7: Risks of the Markets
Chapter 8: Risks of Taxation
Chapter 9: Risks of Offshore
Chapter 10: Risks of Domestic Relationships
Chapter 11: Risks of Insolvency
Chapter 12: Risks of Incapacity, Retirement, and Demise
Kelly R. Doyle, B.A., LL.B.
Kelly Doyle, B.A., LL.B., recently established his own law firm based in Vancouver and Surrey after 20 years as a partner with a leading Western Canadian business law firm. He practises commercial and property litigation, with an emphasis on bankruptcy and insolvency. He has expanded his property litigation practice to represent family law clients with division of property concerns. Mr. Doyle has also applied his knowledge and experience with asset and wealth protection and legal risk management to dispute resolution. He acts as a civil mediator, has served as Chair of the ADR (Vancouver) subsection of the Canadian Bar Association (B.C. Branch), and has taught dispute resolution as an adjunct professor at the University of British Columbia Law School.
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