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Solicited for the Oxford Handbook of Fiduciary Law, this essay offers a general introduction to Japanese fiduciary …
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subject to a sacred trust known in the law as fiduciary duty. Recently, these trustees have come under increasing pressure to … investors of all stripes, but many trustees have resisted its use on the grounds that doing so may violate the fiduciary duty of … loyalty. Under the “sole interest rule” of trust fiduciary law, a trustee must consider only the interests of the beneficiary …
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. At the same time, however, confusion abounds about the intersection of fiduciary principles and ESG investing. This … fiduciary law generally prohibits collateral benefits ESG, but risk-return ESG can be permissible if supported by a reasoned and …
Persistent link: https://www.econbiz.de/10012427110
This article addresses the proposition advanced by academic and press commentators that European corporation law promotes stockholder welfare better than its U.S. counterpart. Those who express that view often point to the stronger rights afforded to stockholders under the laws of the European...
Persistent link: https://www.econbiz.de/10011496242
This paper is the first chapter of the third edition of The Anatomy of Corporate Law: A Comparative and Functional Approach, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda Mariana Pargendler, Georg Ringe, and Edward Rock...
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directors and fiduciary duties are often insufficient, some jurisdictions give minority shareholders veto rights over related …
Persistent link: https://www.econbiz.de/10011810919
that imposes on financial advisers to retirement savers “fiduciary” status under the Employee Retirement Income Security … Act. The Department reasoned that the fiduciary duty of loyalty was necessary to protect retirement savers from conflicted … investment advice. But in addition to a duty of loyalty, ERISA fiduciary status also imposes a duty of care or prudence. And with …
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