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-based fiduciary accountability. The court also fashioned novel criteria for the accountability of governments. The justifications for …
Persistent link: https://www.econbiz.de/10014042480
The law on nonprofit directors’ obligations is sparse and fragmented. Most of the discussion over the years is lore rather than law based on commentators’ suggestions for best practices. This article attempts a comprehensive and systematic analysis of the law relating to nonprofit...
Persistent link: https://www.econbiz.de/10014042728
This essay revisits the economic theory of fiduciary law. Nearly two decades have passed since the publication of the … seminal economic analyses of fiduciary law by Cooter and Freedman (1991), and by Easterbrook and Fischel (1993), which … together have come to underpin the prevailing economic, contractarian model of fiduciary law. The economic theory of agency …
Persistent link: https://www.econbiz.de/10014043857
The Supreme Court of Canada has toyed with the boundaries of fiduciary accountability for three decades. Some of the …, the criteria may be taken to support the view that fiduciary accountability regulates the merits or fairness of the …'s mercurial intercourse with fiduciary accountability …
Persistent link: https://www.econbiz.de/10014046538
The evolution of the law concerning a trustee’s powers and a third party’s liability for participating in a breach of trust generally supports efficiency in the law. The standard of liability for third parties participating in a breach of trust, as set forth in the recently adopted Uniform...
Persistent link: https://www.econbiz.de/10014046637
through May 31, 2008 that pertain to Georgia fiduciary law and estate planning. In the period covered by the article, the …
Persistent link: https://www.econbiz.de/10014047053
This chapter provides an accessible overview of our previous work on the impact of the abolition of the Rule Against Perpetuities (RAP) on trust fund situs. The implementation of the Generation Skipping Transfer (GST) Tax by the Tax Reform Act of 1986 sparked a movement to repeal the RAP. Since...
Persistent link: https://www.econbiz.de/10014047788
the so-called fiduciary duty to creditors. If the duty to creditors is created only at insolvency or dissolution, what …-protection provisions in indenture and other contractual arrangements with the corporation? Does this fiduciary duty arise from, and is it … fiduciary obligation occurring at dissolution or insolvency …
Persistent link: https://www.econbiz.de/10014050387
is whether the fiduciary duties of corporate officers, as agents, are the same as, or different from, the fiduciary … responsibility issue concerns whether, and how well, lawyers are advising corporate officers about their fiduciary duties. In recent … corporate wrongdoing, including director and officer breaches of fiduciary duty. Virtually no attention has been paid to whether …
Persistent link: https://www.econbiz.de/10014051394
structure and fiduciary duties. Although the fiduciaries or "closely-held" firms (such as partnerships and close corporations … particular, I shall argue that within closely-held firms, enhanced fiduciary duties can create inefficient monitoring incentives … strategic costs imply that weaker rather than stricter fiduciary obligations are more appropriate within at least certain …
Persistent link: https://www.econbiz.de/10014194980