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| | Fiduciary - Wikipedia, the free encyclopedia |
 | | Fiduciary law is particularly relevant to the law of trusts, partnerships, agency, and corporate officers and directors (corporate governance). | | | In business or law, it generally means someone with specific duties, such as those that attend a particular profession or role, e.g., investment advisor or trustee. | | | Understood in its broadest terms, one can imagine a number of other fiduciary positions that arise from particular kinds of relationships, for example, the relationship between employers and employees, investment managers and investors, parents and children, teachers and students, and so forth. |
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http://en.wikipedia.org/wiki/Fiduciary_duty
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| | The Fiduciary Duty to Ask for Help (October 2004) |
| | Fiduciaries are required to know all expenses that are being paid by the plan, directly or indirectly, and to determine if they are reasonable (that is, whether the expense is competitive in the marketplace and whether the plan and its participants receive value commensurate to the cost). | | | Fiduciaries are required to determine whether the investments are suitable and appropriate for the needs of the plan and its participants. | | | Although fiduciaries are held to the standard of a knowledgeable investor, they are not required to have the experience or qualifications that such a person might have. |
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http://www.reish.com/publications/article_detail.cfm?ARTICLEID=498
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| | Fiduciary duty |
| | 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). | | | Independent Fiduciary Services All aspects of pension fund investing and fiduciary decisionmaking. |
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http://www.serebella.com/encyclopedia/article-Fiduciary_duty.html
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| | Washington University Law Quarterly: WHAT LEVEL OF FIDUCIARY DUTY SHOULD MORTGAGE BROKERS OWE THEIR BORROWERS? |
| | The court reasoned that the mortgage brokers breached their fiduciary duty to disclose "all facts within the broker's knowledge which may be material to the transaction" when the brokers did not disclose all fees--including those paid by third parties--that were paid to the mortgage brokers at closing. | | | Continued judicial regulation of mortgage brokers via a general fiduciary duty is unnecessary, based upon existing and proposed laws at the state and federal level that require the disclosure of loan terms and all loan fees and provide for adequate enforcement mechanisms. | | | Therefore, a "general fiduciary duty" is one that generally arises at the outset of a transaction based upon the status of the parties to the transaction, without requiring any showing that the fiduciary performed any specific acts which would create a fiduciary duty otherwise. |
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http://ls.wustl.edu/WULQ/75-4/754-9.html
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| | Fiduciary Duty |
| | In asserting liability, a director or officer is typically charged with breaching a duty or standard of care owed either to the corporation or to a specific party. | | | The duty of loyalty requires a director to maintain undivided allegiance to the interests of the organization and bars a director from using his/her position, the organization's information which he/she possesses, or the organization's property in a manner which allows him/her to garner a personal profit or a personal advantage. | | | Notwithstanding this trend, nonprofit directors and officers may be held to a higher standard of care whereby liability is imposed for mere negligence or inattention, comparable to the standard of care imposed upon a trustee managing funds entrusted to his care. |
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http://members.aol.com/wpraeder/fiduciary.htm
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| | What Is Your ERISA Fiduciary Duty To COBRA Beneficiaries? - a COBRA Tip from OnQue Technologies, Inc. |
| | Fiduciaries hold plan assets in trust for beneficiaries and administer benefits under those plans; therefore they have a special legal duty to act in the best interests of those beneficiaries. | | | The primary responsibility of fiduciaries is to administer the benefits plan solely in the interest of participants and beneficiaries for the purpose of providing benefits. | | | It requires plans to provide participants with accurate information regarding benefits and imposes fiduciary duties on anyone who exercises discretionary control or authority over benefits plans. |
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http://www.onque.com/tips/fiduciary_duty.html
(988 words)
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| | Canson Enterprises Ltd. v. Boughton & Co. |
| | If a fiduciary holds out an investment as secure when in reality it is highly speculative, the injured party should not be able to retain the investment in unreasonable hope of a fortuitous rise in value, secure in the knowledge that any loss will be borne by the fiduciary. | | | He found the solicitor Wollen was not liable in deceit but liable for breach of fiduciary duty. | | | Finally, Macdonell J. held that all of the respondents were parties to concealing the secret profit and thus had breached their fiduciary duties and were accordingly liable in damages along with the solicitor and his firm. |
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http://www.lexum.umontreal.ca/csc-scc/en/pub/1991/vol3/html/1991scr3_0534.html
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| | "Fiduciary / F. Duty" Defined & Explained |
| | A person acting in a fiduciary capacity is required to make truthful and complete disclosures to those placing trust in him, and he is forbidden to obtain an unreasonable advantage at the latter's expense. | | | FIDUCIARY DUTY - An obligation to act in the best interest of another party. | | | Rather, as previously stated, it is only when one party reposes, and the other accepts, a special trust and confidence involving the exercise of professional expertise and discretion that a fiduciary relationship comes into being. |
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http://www.lectlaw.com/def/f026.htm
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| | Real Property, Probate and Trust Journal: Fiduciary duty considerations in choosing between limited partnerships and ... |
| | Editors' Synopsis: This Article compares the fiduciary duties imposed upon the general and limited partners of a limited partnership and the managers and members of a limited liability company under the most recent revisions to the uniform acts which govern these entities. | | | This Article compares the fiduciary duties imposed on the owners and managers of LPs and LLCs and explores the extent to which fiduciary duty considerations should affect the choice between the two entities, assuming all other considerations are equal. | | | It provides a summary of the extent to which these duties can be abrogated by agreement and includes sample forms of agreements modifying the duties in order to accommodate specific goals of the parties organizing the entity. |
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http://www.findarticles.com/p/articles/mi_qa3714/is_200104/ai_n8942283
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| | The Rise in Breach of Fiduciary Duty Claims |
| | While it is premature to analyze the true impact breach of fiduciary duty cases will have on the healthcare industry, they are certain to increase litigation costs by necessitating exhaustive discovery of the financial incentive plans. | | | The breach of fiduciary duty liability theory is one increasingly popular vehicle for challenging such financial incentives. | | | More and more claimants are asserting breach of fiduciary duty causes of action against MCOs (and healthcare providers) relating to the common practice of utilizing healthcare provider financial incentives to help control healthcare costs. |
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http://www.sdma.com/sedgwick.updates/articles/d-o-fidelity?do061999.html
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| | Victor O. Schinnerer - Risk Management Reporter - Listing Agreements and Fiduciary Duty |
| | Courts will conclude that fiduciary duties continue after listing agreements expire or contracts are signed if the broker continues to claim an entitlement to be paid upon the consummation of any future transaction. | | | Second, a broker's and agent's fiduciary duty to a seller (or buyer) will continue at least until any commission called for in a listing agreement or sales contract is actually paid at closing. | | | For this reason, the brokerage firm's fiduciary duty to the seller continued until the transaction closed. |
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http://www.schinnerer.com/risk_mgmt/real_estate/lstagrmt.html
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| | Fiduciary duty |
| | Fiduciary duties take account the nature of the relationship in they are formed and in some circumstances as in limited liability companies) may be modified by contract. | | | Also related is the Business Judgement Rule provides that the decisions of a corporation's of directors will not be second-guessed unless decision is self-interested (a violation of the of loyalty) or (more rarely) the board in an imprudent manner (a violation of duty of care). | | | The Business Judgment Rule: Fiduciary Duties of Corporate Director |
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http://www.freeglossary.com/Fiduciary_duty
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| | High Court Review 201 |
| | To allow rescission of the mortgage without requiring the repayment of the loan would, in the writer's view, be to allow the respondents to use the breach of fiduciary duty as a tool to avoid all their liability. | | | Indeed, not only had the respondents not lost anything as a result of the breach of fiduciary duty, they had in fact gained the opportunity of running the poultry farm - they were perilously close to not being able to complete the purchase transactions because of lack of finance. | | | They were, in fact, anxious to proceed with the contracts to purchase the poultry farm and believed that they would have the funds and the potential income stream to permit them to proceed with the purchase (AB 81). |
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http://www.bond.edu.au/law/hcr/articles/201liew.htm
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| | Fiduciary duty of health care providers - Garcia v. Coffman, 124 N.M. 12, 946 P.2d 216 (N.M.App. 06/17/1997) ... |
| | It is this affirmative duty of full and fair disclosure that is at the heart of Plaintiff's claim of breach of fiduciary duty. | | | In sum, we hold that substantial evidence supports the determination that the corporate veil of Allied should be pierced and that Coffman is personally liable. | | | Christopher, 58 N.M. 637, 641, 274 P.2d 153, 155 (1954) (holding that it is too well established for dispute that a party cannot invite error and then take advantage of it). |
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http://biotech.law.lsu.edu/cases/fid-duty/Coffman.htm
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| | Disclosure: How SEC Proxy Voting Rules May Shift the Definition of Fiduciary Duty |
| | Focusing on proxy voting shines a spotlight on an aspect of fiduciary duty that by definition encompasses social and environmental considerations. | | | "Simply put, the SEC's redefinition of fiduciary duties as to equities will become the general rule" despite the fact that "pension schemes are not subject to SEC jurisdiction," according to Mr. | | | Kinder discusses how a shift in mutual fund fiduciary duty may change the landscape for pension fund fiduciary duty. |
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http://www.socialfunds.com/news/article.cgi/article1533.html
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| | E Law: The 'Stolen Generation' - Finding A Fiduciary Duty |
| | The guardian attracts the responsibilities of the fiduciary, and subsequently becomes liable in equity for any breaches the guardian may commit. | | | Acknowledging such a fiduciary duty would mean that equity still has a relevant place in our system in this respect. | | | As Batley states, does this "analysis suggest that parents may be made liable to their children for failing to provide them with an appropriately nurturing upbringing?"[49] |
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http://www.murdoch.edu.au/elaw/issues/v5n2/hammond52nf.html
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| | 5.3.1: Fiduciary Duty In Corporate Governance: Public Corporations - Encyclopedia - Library - VC Experts |
| | The law in this area has developed principally in the course of corporate reorganizations in which the interests of minority shareholders are not simply reduced to some fraction of the status quo ante, but their interests are entirely eliminated by virtue of a "cash out" (or, more pejoratively, "squeeze out") merger. | | | 5.3.1: Fiduciary Duty In Corporate Governance: Public Corporations | | | 5.3.1: Fiduciary Duty In Corporate Governance: Public Corporations - Encyclopedia - Library - VC Experts |
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http://vcexperts.com/vce/library/encyclopedia/documents_view.asp?document_id=464
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| | Fiduciary liability |
| | Trustees of irrevocable life insurance trusts and other fiduciaries have a duty to act in the best interests of beneficiaries. | | | Life insurance is an asset that must be purchased and monitored with care. | | | Lawsuits are waiting to happen, because the benefits and risks of life insurance policies are often poorly understood. |
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http://www.glenndaily.com/fiduciaries.htm
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| | Breach of Fiduciary Duty |
| | A fiduciary duty arises in the law from special confidential and trusting relationships existing between two individuals or a company and an individual such as a director or officer. | | | The firm regularly handles claims and disputes while providing advice and consultation concerning the fiduciary duty usually arising out of relationships in a corporation, limited liability company or partnership. | | | A fiduciary duty requires the utmost fairness, good faith, and loyalty to the person to whom the duty is owed. |
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http://www.tblaw.com/areas/brduty.html
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| | Negligence/Malpractice - Breach of Fiduciary Duty |
| | Negligence or malpractice consists of four elements: a duty of care, deviation from the standard of care, a causal relationship between the duty owed and the harm sustained, and harm. | | | [53] A fiduciary relationship exists when one party reposes trust and confidence in the other, more powerful party. | | | Fiduciary theory provided the rationale for imposing liability on the psychiatrist in Roy v. |
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http://www.advocateweb.org/hope/litigation/litigating5.asp
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| | ``Fiduciary duty'' |
| | Over-cautious managements often rationalise their fear of change by appealing to their fiduciary duty as custodians of the company's assets. | | | But it's essential to never lose sight of the fact that the most fundamental and profound fiduciary duty--the ultimate act of the prudent man--is to use that money, when necessary, to protect the future of the company that earned it. | | | Deploying the company's resources, redirecting priorities, and taking actions which might have adverse short term consequences are claimed to violate the trust they exercise in the name of the shareholders. |
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http://www.fourmilab.ch/autofile/www/subsubsection2_86_0_13_2.html
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| | FIDUCIARY DUTY |
| | In performing his duties, a director shall be entitled to rely in good faith on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by any of the following: | | | The consideration of those factors shall not constitute a violation of section 1712 (relating to standard of care and justifiable reliance). | | | A person who so performs his duties shall not be liable by reason of having been an officer of the corporation. |
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http://members.aol.com/StatutesP5/15.Cp.17B.html
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| | Stable Value Investment Management Specialists |
| | Fiduciary Capital Management, Inc. has been recognized as the #1 stable value asset mangement firm by both Pensions and Investments and Nelson's. | | | Fostered by the Company's proprietary credit research process and strict adherence to its proven philosophies, FCM also brings its expertise to the funding agreement and terminal funding markets. | | | Click here to view the quality investment management and consulting services provided by FCM. |
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http://www.fcmstablevalue.com
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| | law.com - Epstein, Becker & Green Disqualified for Fiduciary Duty Breach |
| | Epstein, Becker & Green has been disqualified as plaintiffs counsel in an employment suit on the grounds that the law firm was previously retained by an investment bank to conduct due diligence for the defendant's initial public offering. | | | "This does little to instill confidence that the firm fully appreciates the parameters of conflict of interest or its fiduciary duty to avoid such conflicts," Gammerman said. | | | He said the firm's arguments in the present case were inconsistent with decisions in those previous cases. |
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http://www.law.com/jsp/article.jsp?id=1109128219113
(776 words)
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| | broker legal definition of broker. broker synonyms by the Free Online Law Dictionary. |
| | These include real estate brokers (who have responsibility over an agency and its sales agents as well as his/her own conduct), insurance brokers (handling more than one company rather than being an agent for just a single carrier), and stockbrokers, who are the upper-level of stock salespersons and/or the operators of brokerage houses. | | | Consumers should investigate whether the broker is representing the customer's best interest or just wants to make a sale. | | | Brokers in the more technical fields (as above) are regulated and licensed by each state and have a "fiduciary" duty to act in the best interests of the customer. |
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http://legal-dictionary.thefreedictionary.com/broker
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| | Supreme Court Expands ERISA Remedies and Concepts of Fiduciary Duty |
| | As a consequence, employers should review the allocation of their benefit plan duties and should consider preventive maintenance to reduce potential liabilities. | | | If you would like to receive legal reports and updates more quickly, by e-mail, | | | The Court also found that Varity was acting as an ERISA plan fiduciary in circumstances that might not previously have been thought to involve ERISA plan administration. |
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http://www.constructionweblinks.com/Resources/Industry_Reports__Newsletters/March_25_1996/march_25_1996.html
(765 words)
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| | Criminal Resource Manual 947 Fiduciary Duty |
| | Nonfiduciaries can steal, embezzle and defraud others of property interests, regardless of whether the property interest is tangible or intangible. | | | Courts have held nonfiduciaries criminally liable for frauds related to intangible rights when a co-schemer or co-conspirator was a fiduciary. | | | 1984) (an intangible rights scheme is cognizable when at least one of the schemers has a fiduciary relationship with the defrauded person or entity), overruled on other grounds by, United States v. |
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http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00947.htm
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| | Durable Power of Attorney - Fiduciary Duty - Self Dealing |
| | Such duty would permit an agent to personally engage in a transaction with the principal with the consent of the principal after a full disclosure of the details of the transaction. | | | The Court of Appeals held that respondent, as decedent’s agent, owed a common-law fiduciary duty to decedent. | | | Further, the provisions of the former Revised Probate Code (RPC) dealing with prohibited actions of fiduciaries could not be applied since an attorney in fact was not defined as a fiduciary under the RPC. |
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http://courts.co.calhoun.mi.us/ca090903.htm
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| | Defining breach of fiduciary duty |
| | The general standard of care is then applied to the specific circumstances of the situation and the jury must establish whether the defendant's conduct was negligent. | | | Breach of duty is part of a negligence lawsuit and the most important aspect in proving such an issue. | | | Understanding the importantance of breach of fiduciary duty in a negligence case will help you understand whether the complaint will be succesful. |
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http://ar.essortment.com/breachoffidu_rkwv.htm
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| | Section 400-003-307 Notice of breach of fiduciary duty. |
| | (2) "Represented person" means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (1) is owed. | | | (1) "Fiduciary" means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument. | | | (3) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty. |
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http://www.moga.state.mo.us/statutes/C400-499/4000030307.HTM
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| | Breach of fiduciary duty and negligent hiring/retention/supervision in Florida -Reply -Reply |
| | Fiduciary law needs to be restrained to the property and financial context from which it arose. | | | Once a fiduciary duty exists, the law charges the fiduciary to act in these best interest of his constituents (beneficiaries, stockholders, bailees, fellow partners. | | | My modest research re the origins and foundation of fiduciary law indicate that the concept originates not from tort law which deals with interpersonal relationships but from trust law which deals with financial and property relationships. |
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http://lists.ucla.edu/pipermail/religionlaw/1998-September/013166.html
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| | Hendry Anne P. v. Pelland Francis J. |
| | Accordingly, only the Hendrys' negligence claim (minus their request for punitive damages) and the law firm's counterclaim for legal fees went to the jury. | | | It also fulfills a longstanding and fundamental principle of equity-that fiduciaries should not profit from their disloyalty. |
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http://www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-7082a.html
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| | Untitled Document |
| | Union representative owes fiduciary duty to the union and members - Pennsylvania Nurses Ass'n v. | | | A fiduciary duty is the duty to look out for the interests of a third party, even if they conflict with your own interests. | | | Fiduciary duty of a commercial surety - Associated Indemnity Corporation v. |
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http://biotech.law.lsu.edu/cases/fid-duty/index.htm
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| | CITES BY TOPIC: fiduciary duty |
| | Research on "fiduciary duty" under the Internal Revenue Code | | | A relation subsisting between two persons in regard to a business, contract, or piece of property, or in regard to the general business or estate of one of them, of such a character that each must repose trust and confidence in the other and must exercise a corresponding degree of fairness and good faith. | | | A duty to act for someone else’s benefit, while subordinating one’s personal interests to that of the other person. |
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http://famguardian.org/TaxFreedom/CitesByTopic/FiduciaryDuty.htm
(216 words)
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| | SSRN-Fiduciary Duty in Transitional Civil Law Jurisdictions Lessons from the Incomplete Law Theory by Katharina Pistor, ... |
| | Breaching fiduciary duty is such an area, as harm is typically limited to shareholders of a given company. | | | By contrast, most civil law jurisdictions, including many transition economies, either lack the procedural rules that would enable parties to bring such cases to courts, or have not developed a sufficient body of case law to determine the contents and meaning of this concept. | | | In Anglo-American law, fiduciary duty is the core legal concept to address conflicts among directors/managers and shareholders. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=343480
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| | Breach of fiduciary duty and negligent hiring/retention/super vision in Florida -Reply |
| | But, some courts insist, fiduciary claims do not require decisions about what reasonable ministers would or would not do. | | | Rather, they require that, after a minister has voluntarily assumed a fiduciary duty with respect to a congregant, the minister must "deal with utmost good faith and solely for the benefit of the dependent party" (to quote the Colorado Supreme Court's Moses opinion). | | | Determining whether a pastor has acted "in utmost good faith" and "solely for the benefit" of a congregant does not violate the First Amendment, at least in the view of these courts. |
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http://lists.ucla.edu/pipermail/religionlaw/1998-September/013153.html
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| | Breach of fiduciary duty (Charles Mitchell, 8 Mar 1999) |
| | The allegations of dishonest under-accounting which were true breaches of fiduciary duty were based on the same factual allegations as the common law claims in fraud and the statute would have been applied to them by a court of equity (Paragon Finance plc v DB Thakerar & Co (NLC 2980712102) applied). | | | (2) The claims for breach of fiduciary duty in respect of under-accounting arose under the various alleged management and agency agreements and were contractual claims barred by s 5 and 23 of the Limitation Act 1980 after six years from accrual of the cause of action. | | | He further claimed an account in respect of the exploitation of his mega-mixes under alleged agreements with the defendants on the basis of breach of contract and deliberate and dishonest breach of fiduciary duty giving rise to liability as constructive trustees. |
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http://www.ucc.ie/law/restitution/rdg/9903007.htm
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| | Power of Attorney - Fiduciary Duty - Disqualification of Attorney |
| | This was based on facts that the testimony allegedly sought from the attorney was available from other competent sources and the party seeking disqualification had not previously stated an intent to call the attorney as a witness. | | | A jury found that Ronald Susser had wrongly converted the assets and the trial court entered judgment for petitioner as conservator for June Susser. | | | They held that an attorney in fact acting under the authority of a general power of attorney is in a fiduciary relationship with the principal to be generally accepted without question. |
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http://courts.co.calhoun.mi.us/ca120302.htm
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| | US CODE: Title 29,1109. Liability for breach of fiduciary duty |
| | (b) No fiduciary shall be liable with respect to a breach of fiduciary duty under this subchapter if such breach was committed before he became a fiduciary or after he ceased to be a fiduciary. | | | A fiduciary may also be removed for a violation of section 1111 of this title. | | | LII has no control over and does not endorse any external Internet site that contains links to or references LII. |
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http://www.law.cornell.edu/uscode/29/1109.html
(87 words)
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| | ForeclosuresMass - 'Fiduciary duty' defined in the Real Estate Glossary |
| | Fiduciary duty: The relationship of trust that buyers and sellers expect from a real estate agent. | | | To search for a term, use the search box below. | | | The definition for Fiduciary duty and this glossary as a whole are presented to you as a courtesy of ForeclosuresMass. |
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http://www.foreclosuresmass.com/help/view/glossary/termid/407
(117 words)
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| | fiduciary duty - OneLook Dictionary Search |
| | noun: the legal duty of a fiduciary to act in the best interests of the beneficiary | | | We found 8 dictionaries with English definitions that include the word fiduciary duty: | | | Tip: Click on the first link on a line below to go directly to a page where "fiduciary duty" is defined. |
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http://www.onelook.com/?loc=rescb&w=fiduciary+duty
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| | Fiduciary Duty: Should it be a Franchisor Obligation? Speakers |
| | Fiduciary Duty: Should it be a Franchisor Obligation?, Hotel Pperations, Hotel Franchising, Litigation Support expert witnesses | | | Fiduciary Duty: Should it be a Franchisor Obligation? | | | For information about Round Table Group's Speakers' Bureau or to request Fiduciary Duty: Should it be a Franchisor Obligation? |
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http://www.round.table.com/speakersbureau/talk.cfm?ID=150
(79 words)
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| | Fiduciary Duty |
| | Fiduciary Duty, the trust that the client has by law with the agent wins out ultimately. | | | Who, as an agent wants your clients interests handled by another agent? |
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http://realtytimes.com/rtinteractive/C873A3D8FD7B772786256964004F2F34
(165 words)
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