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play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a … decisions. Finally, fiduciary theory offers some insight into prosecutorial regulation by clarifying that both accountability …
Persistent link: https://www.econbiz.de/10012842611
comparative perspective, two core aspects of this “braided framework”. First, the Article considers fiduciary duties. It argues … that, although there are broad similarities in the scope and operation of fiduciary duties in common law jurisdictions … of their powers. These codes may also interact with fiduciary duties in complex and interesting ways, either …
Persistent link: https://www.econbiz.de/10012843797
probability) in business continuity that may justify it. Such are, going forward, the contents of their fiduciary duties where …
Persistent link: https://www.econbiz.de/10012844476
There is a functional difference between fiduciary accountability and the fraud on a power and improper purpose … doctrines. The function of the latter two doctrines is to regulate the exercise of authority. Fiduciary accountability, in …
Persistent link: https://www.econbiz.de/10012845432
legislation, fiduciary duties, and regulatory guidance will be discussed. Finally, the argument that robo advisers' best interest … fiduciary duties should focus on increasing information gathering through communications between robo advisers and investors …
Persistent link: https://www.econbiz.de/10012845777
it is widely thought to be.First, unlike other fields of law where fiduciary obligations play a key role, in corporate … law, not one, not two, but three distinct actors owe fiduciary duties - executive officers, directors, and controlling … shareholders. The beneficiaries of those actors' duties, the reasons for imposing duties, and the scope and demands of fiduciary …
Persistent link: https://www.econbiz.de/10012846347
litigation. This Article surveys the history of estate fiduciary law and summarizes major reforms in the twentieth century that … executor compensation, (4) which fiduciary powers testators grant or withhold from the executor, and (5) whether testators … exculpate their executors from liability or otherwise modify the default fiduciary duties of care and loyalty. The Article …
Persistent link: https://www.econbiz.de/10012846840
It has become an orthodoxy in some quarters that fiduciary duties are only proscriptive, forbidding certain actions … argue that some of the most important duties of a fiduciary are prescriptive duties. It further argues that the label … 'fiduciary duties' is properly attached to all of the duties that arise out of a fiduciary relationship, just as 'contractual …
Persistent link: https://www.econbiz.de/10012849654
Persistent link: https://www.econbiz.de/10012850184
UDTA, with particular emphasis on four areas of practical innovation. The first is a careful allocation of fiduciary duties … trusteeship, even if that person is not formally a trustee. Thus, under the UDTA the fiduciary responsibility for a power of … is a comprehensive treatment of non-fiduciary issues, such as appointment, vacancy, and limitations. Here again, the UDTA …
Persistent link: https://www.econbiz.de/10012851256