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This Chapter examines the duties of indenture trustees appointed under bond indentures. Although their post-default duties generally are subject to a prudent-person standard, indenture trustees have relatively little legal guidance concerning pre-default duties. The rise of activist investors,...
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This essay focuses on the concept of eliminating the fiduciary duty in an LLC, as permitted by Delaware law, and what … eliminate their fiduciary agreements as to one another. They are negotiating for what they want; they are entering into that … with eliminating fiduciary obligations down the road. That is, how do we make sure that if people are going to disclaim the …
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This symposium Article theorizes and assesses transnational legal ordering of fiduciary law. Fiduciary law imposes … legally enforceable duties on those entrusted with discretionary authority over the interests of others. The fiduciary law of … a state may apply to fiduciary relationships having a transnational (or even global) scope. Fiduciary norms themselves …
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equitable fiduciary obligations also operate to regulate the conduct of the adviser in his or her dealings with the client. Such … conflict and other conduct may breach any equitable fiduciary obligation thus exposing the adviser to equitable remedies …. Equitable fiduciary obligations may thus be an as yet under exploited avenue of protection for consumers and a concomitant zone …
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Indonesia by way of executing fiduciary. Fiduciary institutions have been regulated in Law No. 42 of 1999 on Fiduciary which … requires registration of the objects of fiduciary to the Office of Fiduciary Registration. Then Fiduciary Registration Office … will issue a fiduciary certificate that has executorial power which is similar to the decision of a judge who has permanent …
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A growing body of scholarship draws connections between fiduciary law and the Constitution. In much of this literature …, the Constitution is described as a fiduciary instrument that establishes fiduciary duties, not least for the President of … the United States.This Article examines and critiques the claims of fiduciary constitutionalism. Although a range of …
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to exploit their position. Presuming the worst from the property manager, American fiduciary law typically imposes … onerous fiduciary duties to minimize conflicts of interest and deter misconduct. Orthodox fiduciary law explicitly aims to … overdeter.This Article argues that orthodox fiduciary law is too strict on most guardians and agents who manage property for the …
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