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Handbook of Fiduciary Law, I canvass fiduciary principles in banking law. I consider when fiduciary duties exist and what they … require, the range of remedies available for breach, and the various techniques banks use to exclude or modify fiduciary … might suggest, which contributes to legal uncertainty. Fiduciary law nevertheless constrains banks' activities: courts have …
Persistent link: https://www.econbiz.de/10012851902
risk remains. Equity continues to operate in a domain where fiduciary obligations, and attendant poorly managed fiduciary … conflicts, arise systemically. This article considers the application of the fiduciary norm to robo financial advice. In doing … of equitable fiduciary principle to robo financial advice …
Persistent link: https://www.econbiz.de/10012851958
This chapter explores the application of fiduciary duties to regulated financial firms and financial services. At first … blush, the need for such a chapter might strike some as surprising in that fiduciary duties and systems of financial … regulation can be conceptualized as governing distinctive and non-overlapping spheres: Fiduciary duties police private activity …
Persistent link: https://www.econbiz.de/10012852597
This chapter surveys fiduciary principles in Western European civil law jurisdictions. Focusing on France and Germany …, we suggest that functional equivalents to fiduciary duties have developed on the Continent, although they do not always … carry exactly the same connotations as their common law counterparts. We suggest that the common law developed fiduciary …
Persistent link: https://www.econbiz.de/10012852666
Common law fiduciary relationships are a dynamic and ubiquitous part of our everyday lives. They generally arise …
Persistent link: https://www.econbiz.de/10012826454
This article models the duty of care as a response to moral hazard where the principal seeks to induce effort that is costly to the agent and unobservable by the principal. The duty of loyalty, by contrast, is modeled as a response to adverse selection where the principal seeks truthful...
Persistent link: https://www.econbiz.de/10012826512
The regulation of mutual funds in the United States arguably contains the world's most extensive system of fiduciary … facilitate industry innovations. But, the burdens of this enhanced system of fiduciary protections for mutual funds remain … systemic of fiduciary protections for mutual funds. Technological innovations, such as robo-advising, are likely to accelerate …
Persistent link: https://www.econbiz.de/10012827463
, yet short and simple enough for a quick read.In addition to this Chapter 5 of the book (“Fiduciary Duties”), we have also … explains the law governing “Fiduciary Duties,” which are legal duties imposed on specific individuals (“fiduciaries”) who … exercise power on behalf of others. The chapter first provides an overview of corporate fiduciary duties: who owes what to whom …
Persistent link: https://www.econbiz.de/10012827880
conflicts of interest, the Department of Labor proposed a rule in 2016 that would hold brokers to a fiduciary standard when … dealing with retirement accounts. We find that after the proposed fiduciary rule, the sales of high-expense variable annuities …-expense products. Based on our structural model estimates, investor welfare improved as a result of the fiduciary rule under …
Persistent link: https://www.econbiz.de/10012828274
-making.This Comment advances a novel approach that draws on the fiduciary duty doctrine in corporate law. It argues that golden … shareholders should be viewed as controlling shareholders of the debtor company and therefore bear fiduciary duties with respect to …
Persistent link: https://www.econbiz.de/10012831791