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Fiduciary Loyalty

FORMAT: PDF EPUB MOBI
DATA DE LANÇAMENTO: 2011
TAMANHO POR ARQUIVO: 11,86
ISBN: 9781841135830
LÍNGUA: PORTUGUÊS
AUTOR: Matthew Conaglen
PREÇO: GRATUITO

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Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.

...ions) exist to ensure that those who manage other people's money act in the interests of beneficiaries, rather than serving their own interests ... Fiduciary Loyalty: Protecting the Due Performance of Non ... ... . The most important of these duties are: Loyalty The duty of loyalty, perhaps the broadest of the fiduciary duties, has been described as "inherent" in the trust relationship. George Gleason Bogert & George Taylor Bogert, The Law of Trusts ... Fiduciary Duty of Loyalty. There are three ways that a member or manager may breach the fiduciary duty of care under RULLCA: by failing to account for (and hold in trus ... PDF Fiduciary Loyalty, Inside and Out ... . There are three ways that a member or manager may breach the fiduciary duty of care under RULLCA: by failing to account for (and hold in trust) a prohibited benefit; by engaging in a conflict-of-interest transaction with the LLC; and by competing with the LLC. Improper Use of LLC Property, Profit, or Other Benefits The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. Fiduciary duties in a financial sense exist to ensure that those who manage other people's money act in their beneficiaries' interests, rather than serving their own interests. The Fiduciary Duty in the 21st Century programme finds that, "far from being a barrier, there are positive duties to integrate environmental, social and governance (ESG) factors in investment processes." Bringing Fiduciary Duties Full Circle. Learning about fiduciary duties should be a work in progress for nonprofit board directors. By fully understanding the definitions of duty of care, duty of loyalty and duty of obedience, board directors will be able to assess whether they are fulfilling them as individual directors and as a board. fiduciary is to delineate these two aspects and thereby maintain a dichotomy between 'narrow' and 'wide' notions of the fiduciary relationship. The narrow notion ('the first form') identifies fiduciary loyalty as a type of property of the beneficiary, ascertained by Fiduciary duties have been created to encourage people to specialize and to take up fiduciary responsibilities. The various laws were created to reduce beneficiaries from being abused. They will also give beneficiaries greater assurance of that protection. A fiduciary who handles investments manages someone else's money for them. Compre Fiduciary Loyalty: Protecting the Due Performance of Non-Fiduciary Duties (English Edition) de Conaglen, Matthew na Amazon.com.br. Confira também os eBooks mais vendidos, lançamentos e livros digitais exclusivos. Fiduciary duties may be summarized under the general rubric of the duty of loyalty. Owen v. Pringle, 621 So.2d 668, 671 (1993) ("Each lawyer owes each client a second duty, not wholly separable from the duty of care but sufficiently distinct that we afford it its own label, viz. the duty of loyalty, or, sometimes, fidelity. Fiduciary financial advisors might adhere to the duty of loyalty by disclosing any recommendations they'll receive a commission on. Positions with Fiduciary Duty A fiduciary duty is in place when a relationship with a client calls for unique trust, or dependability, on the fiduciary to be discrete when acting on behalf of said client. The fiduciary is obliged to act and has the power to act on behalf of, and for the benefit of, the client. Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences ......