Plaintiffs did not agree. ], [N.J.S.A. at 13; see Polidori v. Kordys, Puzio & Di Tomasso, 228 N.J.Super. of Med. Meanwhile, in February 2010, Paulpillai entered into an agreement conveying his interest in ASUMA to Yusuf for the sum of $10. [6][7] Dr. Terrence Marcelle is currently the Executive Dean of the university. They used MEERC to obtain a charter for such a school from the government of Aruba. Yusuf's argument ignores that Judge Contillo in 2009 determined the appropriate non-statutory remedy for Yusuf's breaches of his fiduciary duties and duty of loyalty to ASUMA was the forced sale of his interest to Chilana. We do so based solely upon subsection 3(c) of the statute, without the need to reach the separate grounds cited under subsection 3(a). The new Revised Uniform Limited Liability Company Act (RULLCA), which is based upon the uniform law developed by the National Conference of Commissioners on Uniform State Laws, was enacted on September 19, 2012. at 12-13. at *20. Program de Masterat - Bancas - masterat profesional de specializare. FN9. I am incredibly grateful for the experiences I got here and how they shaped me into the person I am today. Although the record is murky on the point, it does not appear that the parties stipulated to a voluntary sale of shares in the event of judicial dissociation. [8], Medical programs are open to national and international students. Indeed, there is no provision in the final judgment ordering such a tender. Yusuf and Dr. Analytical Chemistry Laboratory 2. Judge Contillo concluded: Regarding the issue of "Aruban law," Judge Contillo found it "irrelevant to the remedy to be provided to Dr. Chilana in this case." Cf. I was admitted to All Saints University School of Medicine. Div. 42:2B39. The university has 2 campuses in Dominica and St. Vincent and the Grenadines. Copyright 2023 All Saints University, St. Vincent and the Grenadines, MD 4 Year Degree Program Curriculum Details, Bachelors in Public Health Program Application Tips, Rolling Admissions. Consists of 4 semesters (one year four months) of General Sciences completed on campus and 3 semesters (1 year) of Public Health courses completed online. of Med. Here, that presumptive date would have been the date of the final order of January 6, 2010. I'm not going to order moneys to be paid. The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. Food and lodging can range from $450 to $1000 per month depending on individual habits and preferences. ] See N.J.S.A. That latter ruling left Chilana with a twenty-six and one-half percent interest in ASUMA and not the fifty-three percent interest he claims. Sebring, supra, 847 N.J.Super. Among other things, Paulpillai and Yusuf objected to ASUMA's offices being located in a building owned by Chilana. By restricting our inquiry to the sufficiency of the proofs under subsection 3(c),12 several of Yusuf's assorted criticisms of the trial court's factual findings about the wrongfulness of plaintiffs' conduct become inconsequential. It is important to note that Yusuf does not challenge the power of a court of equity to have ordered a forced sale of his shares for his adjudicated breaches of his fiduciary duties and duty of loyalty to ASUMA. The schools' campus is in Roseau, Dominica, and is administered from Toronto, Ontario.. The RULLCA will not take effect until 180 days beyond that enactment date, which is March 18, 2013. 42:1A40(b) (noting that after a partner is expelled, the surviving partners may waive dissolution and resume carrying on the partnership as if the dissolution had not occurred). 387, 394-95 (App. Students are given the option to choose one of the following specialties. Id. See Wilkins v. Hudson County Jail, 217 N.J.Super. degree program. Our opinion only clarified that the statute would not support it. Id. Ch. Yusuf holds a doctorate degree in science. (Kingston, London), John Michael, CGA CPA, Financial Controller, Hari Lamichhane, CA, CMA, B.Com (Dehradun), Accountant, Mary Ann Cuyo, BSCAA, Business Accounting (Baguio), Accounts Officer, Davina Jones, B.Sc. Co. of Am., 65 N.J. 474, 484 (1974)). This expansion was suggested by Weiner, who was extremely concerned [about the] financial viability of All Saints. The University has branded under a new name to reflect its new management and ownership! All Saints University College of Medicine offers the following programs: ASU SVG offers rolling admission with semester start dates in January, May and September. We affirmed the judgment dissociating Yusuf, rejecting his appeal. Id. 42:2B24(b)(3). ALL SAINTS UNIVERSITY OF MEDICINE ARUBA; ASUMA LLC; and RICHMOND PAULPILLAI, Plaintiffs, and JOSHUA YUSUF, Plaintiff-Appellant, v. GURMIT SINGH CHILANA, Defendant-Respondent, and PETER SILBERIE, Defendant. By continuing to use this website, you consent to the use of cookies in accordance with our Cookie Policy. All operational expenses must be approved by at least three of the shareholders / directors. On May 5, 2007, Chilana filed a Certificate of Formation in New Jersey, organizing ASUMA LLC. On March 13, 2009, the trial court entered an order sanctioning plaintiffs for failure to comply with a prior order as to certain discovery issues. We also do not lose sight of the fact that plaintiffs themselves have an eighty percent interest in another medical school in Dominica. The 4-year MD degree program comprises 5 semesters of instruction in Basic Medical Sciences in Dominica followed by 72 weeks of clinical clerkships. On the second remand, Judge Contillo determined "that the appropriate remedy in this case is and remains the involuntary buy-out by Dr. Chilana of Dr. Yusuf's ownership interest in ASUMA LLC." However, Musto was interpreting N.J.S.A. FN16. All Saints University School of Medicine, Dominica (ASUDOM) is a private medical school located in the Caribbean. Yusuf now singularly2 appeals the trial court's findings, arguing that his conduct and that of Paulpillai violated neither of the two statutory provisions alternatively relied upon by the trial judge. 42:2B44. Following the trial, the court issued a written decision on December 23, 2009. 14A:127, governing the involuntary dissolution of corporations, a statute that does not contain the not reasonably practicable language used in the LLCA. 42:2B24(b) does not mandate a forced sale of a dissociated member's shares. Pharmaceutical Technology 3. Consequently, we shall permit Yusuf to file a motion with the trial court within thirty days of this opinion if he, in fact, wishes to have the court consider whether he can withdraw from the previous stipulation and, in light of the statutory clarification we have now provided in this opinion, continue to retain the economic benefit of his shares as assignee under N.J.S.A. International Student Insurance (Click Here) provides various links that may assist you in your search for the right insurance plan. Id. Yusuf, but not Paulpillai, appealed. All Saints faculty is comprised of highly qualified, experienced and committed professors. Users are responsible for compliance with state and federal laws regulating physician referrals, such as antikickback laws, the Stark law, or state professional practice restrictions. Finally, the claims that Chilana misappropriated corporate funds or things of value must be dismissed for lack of any credible facts in the record to support the allegations. ), rev'd on other grounds, 196 N.J. 502 (2008). Deanna Gallant, Admission OfficerMs. He also had discussions with Glueck, Chilana, and Symeonides about All Saints. The defendants Chilana and Silberie have not been shown to have engaged in any material misconduct which has adversely and materially affected the business of the LLC. All Saints University Medical School is committed to providing high quality education leading to a Doctor of Medicine (MD) Degree at very affordable fees. In particular, plaintiffs had not provided ASUMA's accountant, Dean Symeonides,7 with adequate bank records establishing that students had paid tuition to plaintiffs prior to the formation of ASUMA, and showing in which bank plaintiffs had deposited the tuition payments. 42:2B24 (emphasis added). The Legislature very recently passed comprehensive new legislation concerning New Jersey's LLCs, L. 2012, c. 50. Enter your email and a link to create a new password will be sent to you via email. 2 All Saints University School of Medicine, Roseau, Dominica. Meanwhile, plaintiffs contributed no funds, and Paulpillai advised teachers, by copying them on an e-mail, that defendants were solely to blame for the financial crises. denied, 143 N.J. 328 (1996). Alternatively, plaintiffs could have retained their economic interests in the LLC as passive assignees. We need not resolve here the question of statutory interpretation of what exactly the Legislature intended the term shall to mean within N.J.S.A. To the contrary, Yusuf may continue to hold his shares (and those assigned to him by Paulpillai) but as a dissociated member he is enjoined from participating in the management of the LLC. If fees are not paid on time, de-registration may occur. Send an admissions form. The charter could, in theory, be used to start a new medical school in Aruba, in contravention of the All Saints Aruba charter, which limits the number of medical schools on the island to two. It was not an easy road but their guidance and advice did come a long way. We sustain the trial judge's analysis of these points. All Saints University School of Medicine (ASUSM) is a private medical school located in the Caribbean. The "Aruban law" argument is, in any event, beside the point as Yusuf does not challenge the Chancery court's power to compel a forced sale of Yusuf's interest in ASUMA for his breaches of fiduciary duties and duty of loyalty, notwithstanding any term of the Operating Agreement. Our holding is limited to the facts of this rather unusual case. at n.9, we would never agree the doctrine could be used as a sword to perpetrate an injustice. We note that defendants' appellate brief similarly focuses upon the application of subsection 3(c), with little discussion of the proofs or legal analysis relating to subsection 3(a). However, on appeal, the parties do not challenge the trial court's finding that the agreement qualified as such under that statute. All students who wish to receive their diploma must pay a fee of US $500. Improved in 24 Hours. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. At one point, Solomon asked Symeonides to revise the projections, and he also inquired into the basis of the calculations for the large items, such as rent, salaries and advertising. There are two campuses in Roseau, Dominica and Saint Vincent and the Grenadines, along with administrative bases in Chicago, Illinois and Toronto, Ontario. 42:2B39 to resign as a member of the LLC and to receive within a reasonable time the fair value of his [LLC] interests as of the date of resignation[. See Pheasant Bridge Corp. v. Twp. Yusuf testified that Chilana's position on the Board did not give him the same authority as the three founding members. We have duly considered all of the other contentions raised by Yusuf and conclude they lack sufficient merit to warrant discussion in this written opinion. denied, 36 N.J. 300 (1962). We decline to second-guess the trial judge's disposition of these issues relating to defendants' own conduct. All Saints University is located at Hillsborough St, Roseau, Dominica . That agreement was contingent on Chilana successfully dissociating plaintiffs from ASUMA.8, The trial took place over six intermittent days in September 2009. At that future time, the new statute will apply to all LLCs formed after its effective date and to any LLC that changes its operating agreement to implement the RULLCA's provisions. at 42832; see N.J.S.A. 42:2B66(a) instructs, the LLCA is to be liberally construed to give the maximum effect to the principle of freedom of contract and to the enforceability of operating agreements.. 2425-13, supra, slip op. At All Saints University College of Medicine, Saint Vincent and the Grenadines, we strive to foster an environment where our students feel supported academically, socially and emotionally. We recognize that the parties hotly dispute the wrongfulness of plaintiffs' actions as to the bank accounts. [2] The schools' campus is in Roseau, Dominica, and is administered from Toronto, Ontario. By consent order on June 10, 2008, the trial court vacated the temporary restraints and imposed new preliminary restraints delineating the rights and obligations of the parties to manage ASUMA and All Saints, pending trial. Chilana testified that, as of the time of trial, he had not been reimbursed for his emergency cash infusion. Yusuf further argues that the harsh statutory remedy of dissociation is not automatic, nor is it appropriate here because, in his view, the judge essentially and improperly rewrote the terms of the LLC's Operating Agreement. [13], Students may complete their clinical rotations in the following affiliated teaching hospitals and among a number of other approved medical institutions across the world. A-2628-09T1 ALL SAINTS UNIVERSITY OF MEDICINE ARUBA; ASUMA LLC; and RICHMOND PAULPILLAI, Plaintiffs, and JOSHUA YUSUF, Plaintiff-Appellant, v. GURMIT SINGH CHILANA, Defendant-Respondent, and PETER SILBERIE, Defendant. He also changed the online method for students to pay their semester tuition to All Saints from PayPal to Google, because the Google system was substantially cheaper. However, plaintiffs did not offer competing expert testimony to refute the opinion of defendant's valuation expert that the LLC had no positive value. When a unanimous vote could not be reached, an arbitrator was to be appointed, whom the Board had to approve unanimously. Hence, if the students' tuition payments were not so applied, additional equity from the members would be needed to cover the expenses. Summit Sontakke MBBS, MD (Maharashtra), (Associate Professor) Dr. Enoch Adewara, MD (Dominica), (Instructor)Dr. Angelika Ivasenko, MD PhD (Lugansk), Adjunct ProfessorDr. In a nutshell. In this regard, Sebring Associates v. Coyle, 347 N.J.Super. Yusuf first contends that the trial judge misapplied this statute, as a matter of law, by failing to enforce the Operating Agreement's restrictions upon the forced sale of a member's stock in the LLC. at 3. Having dissociated plaintiffs from the LLC pursuant to the statute, the trial court then attempted to fix an amount representing the fair value of their interests in the LLC. Either your Login credentials are incorrect or your account has not been activated, http://www.allsaintsuniversity.org/Financials/Tuition-Fees. Ibid. Chilana, on the other hand, argued that All Saints was essentially a pyramid scheme, because students' prepaid tuition payments had been used to pay All Saints's expenses. The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. None of the parties objected to this characterization of All Saints for purposes of the valuation. A-2628-09 (App. See N.J.S.A. FN5. For the MD Degree program the final 80 weeks, known as Clinical Clerkships, are completed at teaching hospitals in various locations in the USA, Jamaica, UK and the Caribbean. We also, however, determined to clarify an issue Yusuf had not specifically raised. Plaintiffs supplied the academic records of one of those students to Weiner, but those records were incomplete. Had, of course, defendants acted on that third charter and opened up a competing medical school16 while All Saints was still in operation, such competitive action would surely have had different legal implications. None of the parties objected to this characterization of All Saints for purposes of the valuation..FN17. Chilana, meanwhile, straddled a middle position at that time, siding with neither camp. [A] judge sitting in a court of equity has a broad range of discretion to fashion the appropriate remedy in order to vindicate a wrong consistent with principles of fairness, justice and the law. Graziano v. 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