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With acknowledgment of the growing popularity of the trust as an effective taxation planning vehicle, this article explores various principles of taxing trusts under the Land and Income Tax Act 1956. The author first analyses the requirements of sections 155(a) and 155(b) of the Act and the...
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This Article examines one kind of fiduciary relationship - one that develops from an ordinary, arms-length commercial … suggested analysis has as much to do with fiduciary relationships generally as it does with issues of lender liability. The … unconventional fiduciary relationship examined here differs in several respects from the conventional fiduciary relationship, for …
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investment choices, for the plan to remain a tax-qualified plan under the Internal Revenue Code (IRC), and to provide fiduciary … fiduciary and disclosure rules as they apply to IRC 401(k) plans to determine if such rules are able to provide full fee …
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This paper examines the “suitability rule” and related duties of securities brokers with respect to their customer recommendations in comparison with similar duties of investment advisers. This paper also discusses the standards of care owed by trustees under the Uniform Prudent Investor Act...
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The Louisiana Supreme Court, in Noe v. Roussell, elucidated standards for determining whether a fiduciary breached his …
Persistent link: https://www.econbiz.de/10013038709
This essay considers whether punitive damages should be awarded against trustees. It concludes that a satisfactory justification for awarding them has not been given. Seen from the rightful-position perspective, punitive damages fail to support the plaintiff's forward movement to the rightful...
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company and partnership fiduciary duty law; discusses developments in that law over the last two decades by focusing on theory …; suggests a pragmatic and balanced approach to fiduciary duty law that incorporates desirable features of different approaches …
Persistent link: https://www.econbiz.de/10012984691