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LOMA 311 — Business Law for Financial Services Professionals

Course Type: Course Portal
Topics: Compliance & Legal, Financial Services & Financial Planning, Life Insurance
Designations: ACS, AFSI, AIRC, ARA, FFSI, FLMI
Language: Chinese (simplified), Chinese (traditional), English


Overview

LOMA 311 presents the basic features and principles of the legal environment in which financial services companies around the world operate.

Topics

  • The Legal Environment of Business
  • Civil Disputes
  • Business Organizations
  • Regulation of Business
  • Contract Law
  • Agency Law
  • Property Law
  • Commercial Transactions & Bankruptcy
  • Regulation of Financial Services Companies
  • Sale of Financial Services Products
  • Ownership of Financial Services Products

Module 1: Introduction to Business Law (Chapters 1–2)

Chapter 1: The Legal Environment of Business

Sources of Law

Constitutions

Statutes

Administrative Regulations

Treaties and International Agreements

Case Law

Legal Systems

Common Law Systems

Civil Law Systems

Mixed Legal Systems

Court Systems

State Court Systems

Federal Court System

Business Ethics

Chapter 2: Civil Disputes

Civil Litigation Process

The Parties

Procedural Stages

Tort Law

Intentional Torts

Negligence

Strict Liability

Civil Remedies

Legal Remedies

Equitable Remedies

Restitution

Alternative Dispute Resolution

Module 2: Organization and Regulation of Business (Chapters 3–5)

Chapter 3: Business Organizations

Types of Business Organizations

Sole Proprietorships

Partnerships

Corporations

Formation of a Corporation

Operating and Managing a Corporation

Board of Directors

Officers

Stockholders

Changing the Corporate Structure

Dissolution of a Corporation

Legal Environment of International Business

Chapter 4: Regulation of Business

Antitrust Regulation

Basic Economic Concepts

U.S. Antitrust Laws

International Antitrust Regulation

Consumer Protection Regulation

Consumer Credit Protection

Unfair Trade Practices

Electronic Commerce Regulation

Electronic Signatures, Contracts, and Records

Privacy

Conflict of Laws

Employment Regulation

Employment Relationship

Workplace Standards

Nondiscrimination Requirements

Required Benefits

Chapter 5: Regulation of Financial Services Companies

Regulation of Holding Companies

Insurance Holding Companies

Financial Holding Companies

Regulation of Insurance

State Regulation

Federal Regulation of Insurance

International Insurance Regulation

Regulation of Banking

Federal Banking Laws

State Banking Laws

International Banking Standards

Regulation of Securities

Registration Requirements

Regulation of the Sale of Securities

Privacy Protection Laws

U.S. Privacy Laws

International Privacy Laws

Module 3: Areas of Business Law (Chapters 6–9)

Chapter 6: Contract Law

Sources of Contract Law

Types of Contracts

Formal and Informal Contracts

Bilateral and Unilateral Contracts

Commutative and Aleatory Contracts

Bargaining Contracts and Contracts of Adhesion

General Requirements for a Contract

Mutual Assent

Consideration

Contractual Capacity

Lawful Purpose

International Laws

Defenses to the Formation of a Contract

Contract Performance and Breach

Form of the Contract

Rules of Contract Construction

Parol Evidence Rule

Chapter 7: Agency Law

The Agency Relationship

Agency Agreement

Effect of Agency Relationship

Capacity of the Parties

Agent’s Duties to the Principal

Loyalty and Good Faith

Obedience

Competence

Accounting

Principal’s Remedies

Principal’s Duties to the Agent

Compensation

Reimbursement

Indemnification

Agent’s Remedies

Principal’s Liabilities to Third Parties

Principal’s Contract Liability

Principal’s Tort Liability

Agent’s Liabilities to Third Parties

Agent’s Contract Liability

Agent’s Warranty of Authority

Agent’s Tort Liability

Termination of an Agency Relationship

Termination by Act of a Party

Termination by Mutual Agreement

Termination by Performance of Agreement

Termination by Operation of Law

Principal’s Duty to Notify Third Parties

Chapter 8: Property Law

Types of Property

Property Ownership

Acquiring Property Ownership

Forms of Property Ownership

Restrictions on Ownership

Transfers of Ownership Rights

Real Estate Sales

Real Estate Leases

Testamentary Transfers

Intellectual Property

Copyrights

Patents

Trademarks

Chapter 9: Commercial Transactions and Bankruptcy

Sales of Goods

Contract Formation

Remedies for Contract Breach

Negotiable Instruments

Required Formalities

Indorsements

Holder in Due Course

Liabilities of the Parties

Credit and Secured Transactions

Perfecting a Security Interest

Rights of the Parties

Bankruptcy

Liquidation Proceedings

Rehabilitation Proceedings

Module 4: Sale and Performance of Financial Services Products (Chapters 10–15)

Chapter 10: Sale of Financial Services Products

Life Insurance Contract Formation

Mutual Assent

Adequate Consideration

Contractual Capacity

Lawful Purpose: Insurable Interest

Policy Delivery

Entire Contract

Temporary Insurance Agreements

Types of Temporary Insurance Agreements

Courts’ Interpretations of Premium Receipts

Formation of an Annuity Contract

Insurance Producers’ Role

Agency Agreement

Regulatory Requirements

Mutual Fund Sales

Chapter 11: Ownership of Financial Services Products

Ownership of Individual Life Insurance

Right to Name the Beneficiary

Premium Payments

Nonforfeiture Benefits

Policy Loans and Policy Withdrawals

Reinstatement

Ownership of Annuities

Ownership of Mutual Fund Shares

Account Registration

Ownership Rights

Chapter 12: Rights of Third Parties

Ownership Transfers

Assignments

Change of Ownership Provision

Creditors’ Rights in Life Insurance

Judgment Creditors

Creditor as Policyowner or Beneficiary

Trust Agreements

Types of Trusts

Reasons for Establishing a Trust

Life Insurance Policy Settlement Options

Chapter 13: Policy Contests and Civil Remedies

What Is a Policy Contest?

Elements of a Material Misrepresentation

Duty to Disclose

Known Facts

Material to the Insurance

Barriers to a Contest on the Grounds of Material Misrepresentation

Incontestability Provision

Knowledge of the Agent

Delay by the Insurer

Failure to Inquire

Copy of the Application

Other Grounds for Contesting a Contract

Defect in the Formation of the Contract

Mistake

Beneficiary Wrongfully Kills the Insured

Remedies

Legal Remedies

Equitable Remedies

Chapter 14: Contract Performance

Performance of the Annuity Contract

Structured Settlements

Performance of the Life Insurance Contract

Standard Claim Procedures

Special Claim Situations

Claim Litigation

Chapter 15: Group Products

Group Life Insurance Contracts

Formation of the Group Life Insurance Contract

The Group Master Contract

Regulation of Group Life Insurance

ERISA

ADEA

ADA

Group Retirement Plans

Regulation of Retirement Plans

Retirement Plan Funding Instruments

Retirement Plan Administration

Retirement Plan Termination

Glossary

Index

Course Format

Course Portals include the following elements:

  • PDFs of the assigned course materials that can be printed or read online
  • The same interactive Practice Questions and Sample Exams currently found in LOMA Test Preparation Guides (TPGs)
  • Recommended study plans to help learners set goals and manage their study schedule
  • A variety of additional media-oriented features designed to enhance the study and review process

Exam Format

The LOMA 311 exam has 60 questions and a time limit of 2 hours. It is available in I*STAR, Prometric, and Paper exam formats.

Study Materials

Business Law for Financial Services Professionals, Second Edition (LOMA, 2012)
ISBN 978-1-57974-396-3

Test Preparation Guide for LOMA 311 (LOMA, 2012)
ISBN 978-1-57974-397-0

Optional printed textbook (not included in bundled fee)

Business Law for Financial Services Professionals, Second Edition (LOMA, 2012)
ISBN 978-1-57974-396-3
PBD Order # 311-10-12

About Bundled Study Materials

Some courses ("bundled courses") include study materials with your enrollment. A growing list of English-language courses include access to bundled study materials.

For some of these courses, once you enroll, you gain access to the study materials through your My Learning page in LOMANET. These include the Course Portal courses and the Need 2 Know courses.

How to Enroll

Enrolling for Exams and Bundled Courses

LOMA requires proctored examinations for many of its professional designation courses. Exams are administered in LOMA member organizations and in independent testing locations. This section provides information about exam formats, enrollment procedures for both exams and bundled courses, and exam fees.

LOMA exams vary in length from two–three hours. Consult your Test Preparation Guide (TPG) or see the Designation Study Materials Roadmap for specific information about the length of your exam. As new or revised LOMA courses are released, the number of examination questions for some course examinations may change. If you enroll for a bundled course delivered through a LOMA Course Portal, the assigned study materials are included in your enrollment and are accessible via the Course Portal. Your enrollment process will depend on the type of examination you choose to take:

LOMA offers two options for exam enrollment:

  • Online enrollment via LOMANET, our Internet-based education administration system
  • Enrollment forms for paper exams, for use by independent students only, can be found here.

I*STAR and Paper Exam Center Directories for testing at third-party locations

Retakes

Students who fail exams must pay full dates to retake the exams, in most cases. However, bundled courses (those courses that include exam fees and study materials) have a reduced rate to retake the exam. See LOMA’s Education & Training Catalog for fees.


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