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Topic: Fiduciary


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 Fiduciary - Wikipedia, the free encyclopedia
A fiduciary is expected to be extremely loyal to the person they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents.
If a fiduciary takes a bribe and that bribe is considered a debt then if the fiduciary goes bankrupt the debt will be left in his pool of assets to be paid to creditors and the principal may miss out on recovery because other creditors were more secured.
Fiduciary duties are an aspect of equity and, in accordance with the equitable principles, or maxims, equity serves those with clean hands.
http://en.wikipedia.org/wiki/Fiduciary_duty   (1866 words)

  
 Meeting Your Fiduciary Responsibilities
Fiduciaries who do not follow the basic standards of conduct may be personally liable to restore any losses to the plan, or to restore any profits made through improper use of the plan’s assets resulting from their actions.
Fiduciaries cannot receive money or any other consideration for their personal account from any party doing business with the plan related to that business.
Fiduciaries have important responsibilities and are subject to standards of conduct because they act on behalf of participants in a retirement plan and their beneficiaries.
http://www.dol.gov/ebsa/publications/fiduciaryresponsibility.html   (3789 words)

  
 Report of the Commission on Fiduciary Appointments
Fiduciary appointees generally receive their fees from the assets of the individual or business the fiduciary has been assigned to represent or manage.
Article 81 fiduciaries generally are paid from the assets of the incapacitated person.
Fiduciary appointees would be required to include their number on all forms and papers they submit.
http://www.courts.state.ny.us/ip/gfs/fidcommreport.html   (15795 words)

  
 Fiduciary Liability Insurance
Fiduciary Liability Insurance is not required by ERISA.
The fiduciary liability limits selected also need to be handled with care because fiduciary liability coverage is seldom subject to umbrella liability coverage.
Employee benefits liability insurance typically is a component of fiduciary liability coverage.
http://www.insurecast.com/html/fiduciary_liability_insurance.asp   (1443 words)

  
 Take a Stand: Some advisers and broker-dealers are wary of accepting the role of fiduciary for managed accounts--at ...
May 1, 2003- One of the interesting tensions currently at work in the financial services industry is the push-pull between the traditional corporate penchant for limiting liability and the increased emphasis on accountability.
Where pension plan or 401(k) assets are concerned, both legislation and case law precedent firmly establish the fiduciary liability of those who oversee plans.
Another reason I've always included a positive statement of accepting fiduciary status in my company's new account paperwork is that it's a great marketing position.
http://financial-planning.com/pubs/fp/20030501013.html   (1157 words)

  
 Extracts from BLK publications on fiduciary compliance, SEC, trust and pension fund requirements, including soft dollars
To summarize, the fiduciary has to determine the beneficiaries to which she owes a duty of loyalty under the legal regimes relating to the various roles the fiduciary has undertaken and the standard of loyalty to which she will be held.
The named fiduciary who appoints the investment manager must monitor its conduct with respect to voting and the manager must keep records of its votes and procedures to permit such monitoring and these are fiduciary responsibilities for the named fiduciary.
In the words of the Bulletin, the fiduciary responsible for voting must “consider those factors that may affect the value of the plan’s investment and not subordinate the interests of the participants and beneficiaries in their retirement income to unrelated objectives.” In other words, the fiduciary must meet its duties of prudence and loyalty.
http://www.blk-consulting.com/Extracts/ALI.asp   (3141 words)

  
 FAQs: Center for Fiduciary Studies
The Center for Fiduciary Studies' view of this industry-specific definition is that it is applicable whether the financial planner: (1) is a registered representative, or a registered investment advisor; (2) is commission and/or fee-based; and, (3) is operating with or without client discretion.
Fiduciary Assessment and Certification Process - The fiduciary assessment process (currently referred to as an audit process) is changing dramatically.
The Center for Fiduciary Studies is a training organization that operates in association with the University of Pittsburgh, Joseph M. Katz Graduate School of Business to provide professional education programs on the investment management process, fiduciary responsibility, and practice standards of care.
http://www.fi360.com/cfstudies/faqs.htm   (3312 words)

  
 FPA Journal - Contributions: Solving an Employer's Fiduciary Dilemma: Liability, Discretion and the Role of the ...
Describing the ideal fiduciary system is beyond the scope of this article, but the point of the full disclosure/100 percent revenue share example is that a prudent system minimizes conflicts of interest.
Fiduciary liability revolves first and foremost around the use of discretion—the power to buy and sell assets and to manage the plan.
Fiduciary liability revolves around the use of discretion to buy and sell assets and manage the plan.
http://www.fpanet.org/journal/articles/2004_Issues/jfp0204-art6.cfm?   (4351 words)

  
 IRMI - 2000 Fiduciary Liability Survey
The 2000 Fiduciary Liability Survey is a self-selecting, nonprobability sample of fiduciary liability claim and insurance purchasing patterns.
Notably, 16 of the U.S. nonpurchasers and three of those from Canada reported that they were considering the purchase of fiduciary liability insurance.
The purchase of fiduciary liability insurance is common among our survey participants, with 90 percent of U.S. participants and 75 percent of Canadian participants having some form of coverage.
http://www.irmi.com/expert/articles/larsen004.asp   (1211 words)

  
 CHAPTER 665b FIDUCIARY POWERS
Current fiduciary customers and beneficiaries shall be advised at least annually, in writing, of such policy and the amount of such fees shall be set forth as a separate item in the report normally provided to the customer of such bank.
No fiduciary account owning or holding an investment or interest in a common trust fund shall be deemed to have individual ownership of any asset in such common trust fund, but shall be deemed to have only a proportionate undivided interest in the common trust fund.
The fiduciary shall be personally liable for any loss occasioned by the acts of any nominee of such bank in connection with the holding of stock and other securities in the name of such nominee.
http://www.cga.ct.gov/2005/pub/Chap665b.htm   (3254 words)

  
 Office of Fiduciary Supervisor
It will be your responsibility as Fiduciary to identify the decedent’s probate and non-probate assets and the value of those assets as of the date of death.
It is your responsibility as Fiduciary to determine whether or not the decedent had any taxable income for which a return may be due.
Fiduciary staff will provide you with the appropriate settlement form and instructions.
http://www.berkeleycountycomm.org/fiduciary.htm   (2117 words)

  
 [No title]
While a fiduciary and the beneficiary may join together in a business venture or a purchase of property, the best interest of the beneficiary must be primary, and absolute candor is required of the fiduciary.
The most common is a trustee of a trust, but fiduciaries can include business advisers, attorneys, guardians, administrators of estates, real estate agents, bankers, stockbrokers, title companies or anyone who undertakes to assist someone who places complete confidence and trust in that person or company.
For example, a stockbroker must consider the best investment for the client and not buy or sell on the basis of what brings him/her the highest commission.
http://dictionary.law.com/definition2.asp?selected=744&bold=   (228 words)

  
 Fiduciary Trust Company Our Professionals
Prior to joining Fiduciary, he was Principal and the Director of Fixed Income Management at Boston Partners Asset Management from 1997-2001.
Prior to joining Fiduciary, he was an Assistant Director at Baring Securities (HK) Ltd. from 1991-1995.
He has earned the Chartered Financial Analyst designation and is a member of the Boston Security Analysts Society and the Association for Investment Management and Research.
http://www.fiduciary-trust.com/fiduciary_professionals   (2350 words)

  
 MSN Money - Fiduciary Glossary Definition: Taxes
Fiduciaries include executors of wills and estates, trustees, receivers in bankruptcy, and those responsible for managing the finances of a minor.
An individual, company, or association responsible for managing another's assets.
http://moneycentral.msn.com/taxes/glossary/glossary.asp?TermID=120   (31 words)

  
 [No title]
A fiduciary's basic duty is to act solely in the interest of the plan's participants and beneficiaries, and for the exclusive purpose of providing benefits to participants and beneficiaries.
With respect to qualified plan assets, a fiduciary must act prudently, diversify the investments of the plan's assets, and act in a manner consistent with the plan's documents.
Investment fiduciaries include investment advisors, trustees, and investment committee members—many of whom are either CPAs, or advised by CPAs.
http://pfp.aicpa.org/Resources/Fiduciary+Responsibility   (197 words)

  
 Encyclopedia of Small Business - Eq-Inc
A fiduciary is a person, committee, or organization that has agreed to accept legal ownership or control and management of an asset or group of assets belonging to someone else.
Small businesses that employ persons other than the owner or partners are required to withhold FICA taxes—along with regular income taxes—from the wages paid to employees, remit these taxes to the Internal Revenue Service (IRS), and make regularly scheduled reports to the IRS about the amount of taxes owed and paid.
Commercial finance companies have in recent years become a favorite option for entrepreneurs seeking small business loans.
http://www.referenceforbusiness.com/small/Eq-Inc/index.html   (3122 words)

  
 Fiduciary
The starting point for the Illinois Fiduciary and Replacement Tax is federal taxable income, which is income minus deductions.
However, unrelated business taxable income, as determined under IRC, Section 512, is subject to tax (without any deduction for the Illinois income tax) and must be reported on Form IL-990-T, Illinois Exempt Organization Income and Replacement Tax Return, instead of Form IL-1041.
Next, the federal taxable income is changed by adding back certain items (e.g., state, municipal, and other interest income excluded from federal taxable income) and subtracting others (e.g., interest income from U.S. Treasury obligations).
http://www.revenue.state.il.us/Businesses/TaxInformation/Income/fiduciary.htm   (563 words)

  
 Fiduciary
The fiduciary manages the assets for the benefit of the other person rather than for his or her own profit.
The person who looks after the assets on the other's behalf is expected to act in the best interests of the person whose assets they are in charge of.
A loan made on trust rather than against some security or asset.
http://www.investopedia.com/terms/f/fiduciary.asp   (202 words)

  
 Denali Fiduciary Management: About Us
Denali Fiduciary Management is dedicated exclusively to providing solutions to the challenges fiduciaries face in the management and governance of ERISA retirement plans.
This document effectively removes Board members from the threat of fiduciary liability and therefore serves as a deterrent to future litigation.
The FACS Program is a unique fiduciary governance documentation system that establishes a definitive record of procedural prudence in plan management.
http://www.denalifm.com/about/about.html   (539 words)

  
 Fiduciary
A business manager at an insurance company exercises fiduciary duties that stretch beyond processing bills and receipts to helping set policies that protect his investors and those insured.
A company's fiduciary responsibility is borne by its top managers, who must ensure that brokers, advisers, financial managers and others "keep a customer's financial goals and well-being in mind," says Larry Tabb, an analyst at TowerGroup in Needham, Mass.
Beyond the realm of financial institutions, IT managers act as fiduciaries for their companies' customers and investors as they try to reduce costs and increase revenues, says Avivah Litan, an analyst at Gartner Inc. in Stamford, Conn.
http://www.computerworld.com/managementtopics/management/itspending/story/0,10801,62912,00.html   (1688 words)

  
 Fiduciary - Initiative for Fiduciary Responsibility A Project of The Global
Fiduciary examination frequency should be determined based on the impact of At a minimum, all material fiduciary business lines should be subject to
Under ERISA, fiduciaries can be held personally liable for losses to a benefit plan incurred as a result of alleged errors, omissions, or breach of their
Ernst and Young is a leading provider of Assurance and Advisory Business Services to the Isle of Man's fiduciary industry and also act for many corporate
http://thesaurusweb.com/?q=fiduciary   (260 words)

  
 Thelen Reid & Priest LLP Law Firm: Reports: Report No. 32, New Voluntary ERISA Fiduciary Compliance Program: Gift ...
Thirteen specific transactions are covered by the new program, such as repayment of delinquent employer contributions, certain prohibited loans, loans with inadequate collateral or security, certain improper sales or purchases (including prohibited transactions), improper valuation of assets which affects benefits, and payment of excessive or duplicate plan expenses.
Participation in the VFC Program will reduce the risk of DOL penalties with respect to covered fiduciary violations and should narrow, though not eliminate, Department of Labor fiduciary audits.
The new compliance program will work best if the employer or other fiduciary undergoes a thorough ERISA audit of the operations of the employer's plans.
http://thelenreid.com/articles/report/rep32_idx.htm   (908 words)

  
 Home Page Independent fiduciaries - ERISA Fiduciary Guild
The Guild ensures qualifications for membership are met and maintained, that the character of its members is beyond reproach, and that the work product of each member is reviewed by other members on a consistent basis.
"Master members of the ERISA Fiduciary Guild™ have a historic opportunity to positively alter the financial destiny of millions of workers through the independent governance of the qualified retirement plans in which they participate.
Master Pension Fiduciary™ members must meet the following requirements and standards:
http://www.fiduciaryguild.org   (262 words)

  
 Welcome to Fiduciary Certification Program
These codes are a significant achievement to ensure fiduciaries pass an examination demonstrating basic competency to enter the profession and maintain high standards as a professional fiduciary.
The Fiduciary Certification Program is designed to help ensure Arizona's elderly, mentally incapacitated and other vulnerable citizens have certified individuals or business managing their financial affairs, medical decisions and other vital matters.
You must possess all the qualification necessary to sit for the exam.
http://www.supreme.state.az.us/fiduc   (323 words)

  
 The Mavens' Word of the Day
Fiduciary is primarily a legal word, and as such it is used of relationships where money is a prime concern--a corporate director is a fiduciary of the corporation, a general partner in business has a fiduciary relationship to the other partners.
Fiduciary is commonly used in a monetary or financial sense, and many people think that its use is restricted to financial discussions, but its actual meaning is broader.
The true meaning of fiduciary is 'of, based on, or in the nature of a confidence or trust'.
http://www.randomhouse.com/wotd/index.pperl?date=19971001   (245 words)

  
 Fiduciary: Facts and details from Encyclopedia Topic
(there the person who is the fiduciary acts for the benefit of people who have a reasonable basis of placing their trust in them based on the scope of the relationship and the explicit or implict agreement between the parties as to the terms that govern the relationship.
a fiduciary must exercise an amount of care appropriate to manage the beneficiary's interest; and
A fiduciary is a person who occupies a position of trust in relation to someone else such that he is required to act for the latter's benefit within the scope of that relationship.
http://www.absoluteastronomy.com/encyclopedia/f/fi/fiduciary.htm   (1027 words)

  
 Fiduciary duty at opensource encyclopedia
Fiduciary duties take into account the nature of the relationship in which they are formed, and, in some circumstances (such as in limited liability companies) may be modified by contract.
Also related is the Business Judgement Rule which provides that the decisions of a corporation's board of directors will not be second-guessed unless a decision is self-interested (a violation of the duty of loyalty) or (more rarely) the board acted in an imprudent manner (a violation of the duty of care).
A fiduciary must act with some degree of care with respect to the beneficiary.
http://www.wiki.tatet.com/Fiduciary_duty.html   (270 words)

  
 Fiduciary Group Gibraltar International Offshore Company Management
Fiduciary is closely associated with Isola and Isola, Gibraltar's oldest law firm established in 1892, specialists in offshore trusts and offshore tax planning.
The Fiduciary Group will assist you in deciding which is the best jurisdiction to establish, ranging from a holding company to an offshore captive insurance company.
The Fiduciary Group in Gibraltar gives its clients professional and expert fiduciary services, aiding them in acquiring ready made companies or establishing new offshore companies worldwide with complete fiduciary international management services in jurisdictions which include Gibraltar itself, the British Virgin Islands and Jersey, to mention a few.
http://www.fiduciarygroup.com   (183 words)

  
 fiduciary - Columbia Encyclopedia article about fiduciary
Certain business methods that would be acceptable between independent parties dealing with one another "at arm's length" may expose a fiduciary to liability for having abused a position of trust.
Thus, in an ordinary business transaction the prospective purchaser of land need not inform the seller of an imminent rise in realty values, but one buying land from a partner must disclose such information.
Among the common fiduciary relationships are guardian to ward, parent to child, lawyer to client, corporate director to corporation, trustee to trust trust, in law, arrangement whereby property legally owned by one person is administered for the benefit of another.
http://columbia.thefreedictionary.com/fiduciary   (273 words)

  
 US CODE: Title 29,1105. Liability for breach of co-fiduciary
(B) the named fiduciary would otherwise be liable in accordance with subsection (a) of this section.
In addition to any liability which he may have under any other provisions of this part, a fiduciary with respect to a plan shall be liable for a breach of fiduciary responsibility of another fiduciary with respect to the same plan in the following circumstances:
(2) Nothing in this subsection shall limit any liability that a fiduciary may have under subsection (a) of this section or any other provision of this part.
http://www4.law.cornell.edu/uscode/29/1105.html   (458 words)

  
 5.3: Fiduciary Duties of Controlling Shareholders in Down Rounds - Encyclopedia - Library - VC Experts
5.3.1: Fiduciary Duty In Corporate Governance: Public Corporations
Sitewide License - One Year of Complete Access (Best Value) Cost: $495.00
5.3.2: Fiduciary Duty In The Close Corporation Context
http://vcexperts.com/vce/library/encyclopedia/documents_view.asp?document_id=463   (385 words)

  
 Fiduciary Trust - Legal Notices
Fiduciary Trust Company respects the privacy of users visiting its website and does not share any information with any third parties, send unsolicited e-mails or any direct marketing materials.
Any action related to this Website will be governed by the laws of the Commonwealth of Massachusetts (exclusive of its choice of law provisions) and controlling U.S. federal law.
In no event will Fiduciary Trust Company be liable for any consequential, incidental, indirect, special, or punitive damages whether in breach or in tort, even if Fiduciary Trust Company has been advised of the possibility of such damage.
http://www.fiduciary-trust.com/legal   (315 words)

  
 McGuireWoods LLP Fiduciary Litigation
Trustees, executors, guardians, charitable organizations, educational institutions, banks, trust departments, partners, joint venturers; and the shareholders, officers and directors of corporations find themselves held to a lofty standard.
When relevant in the handling of fiduciary disputes, we pair lawyers from our Commercial Litigation Department who are experienced in fiduciary litigation, with lawyers from other practice groups with substantive knowledge of the issues that must be addressed during the course of litigation.
For example, a will contest or probate dispute may lead to the involvement of our trusts and estates lawyers, and ERISA or tax claims may involve our tax lawyers.
http://www.mcguirewoods.com/departments/commercial_litigation/fiduciary.asp   (262 words)

  
 fiduciary
[n] a person who holds assets in trust for a beneficiary; "it is illegal for a fiduciary to misappropriate money for personal gain".
the holding of something in trust for another); "a fiduciary contract"; "in a fiduciary capacity"; "fiducial power".
http://lookwayup.com/lwu.exe/lwu/d?s=f&w=fiduciary   (52 words)

  
 Swiss Fiduciary welcomes you in Switzerland - Taxes, Business Centre, Domicile company Off Shore
Swiss Fiduciary welcomes you in Switzerland - Taxes, Business Centre, Domicile company Off Shore
http://www.revistag.ch   (14 words)

  
 Editing Fiduciary - Edit this page - Wikipedia, the free encyclopedia
By submitting your work you promise you wrote it yourself, or copied it from public domain resources — this does not include most web pages.
To start the article, type in the box below and click "Save page".
http://www.encyclopedia-online.info/Fiduciary?action=edit   (171 words)

  
 Nonresident Fiduciary Search
This database reflects all active Nonresident Fiduciary Appointments issued by the Tennessee Secretary of State as of
http://www.ja.state.tn.us/sos/iets1/ienf/PgIenfSearch.jsp   (33 words)

  
 fiduciary
of or pertaining to the relation between a fiduciary and his or her principal:
http://www.infoplease.com/dictionary/fiduciary   (71 words)

  
   ajc.com
• Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
http://www.ajc.com/services/content/services/policies/visitoragreement.html   (2685 words)

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