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explains fiduciary principles in investment advice. Looking at United States federal and state law, the paper first addresses … when an adviser is considered a fiduciary. Next, it discusses the fiduciary duty of loyalty and how the duty is expressed … and applied in investment advisory relationships. The paper then takes up the fiduciary duty of care and how it differs …
Persistent link: https://www.econbiz.de/10012862365
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 …
Persistent link: https://www.econbiz.de/10011578647
two issues: to what extent should investment bankers have fiduciary duties to investors? And should there be criminal … problems that might exist in the investment banking industry. Fiduciary duties are an amorphous concept which courts and … problems with fiduciary duties would be significantly exacerbated by imposing criminal liability for their breach …
Persistent link: https://www.econbiz.de/10013139195
directors' responsibilities but has not reconciled those responsibilities with board functions and fiduciary law, at least in …
Persistent link: https://www.econbiz.de/10013099463
A central thesis of "An Economist's Perspective of Fiduciary Monitoring of Investments" by Dr. Susan Mangiero is that …
Persistent link: https://www.econbiz.de/10014135429
exacerbated by their inadequate regulation. This paper will critically examine these two central issues and examine whether and …
Persistent link: https://www.econbiz.de/10012944861
Persistent link: https://www.econbiz.de/10010341714
ideal recommendation is vulnerable to the self-serving behavior of the agent. Regulation that decreases the agency costs to … maximize their own welfare within the boundaries of the regulatory rulebook. Applying a fiduciary standard to all financial …
Persistent link: https://www.econbiz.de/10013136442
using a corporate fiduciary and of appointing co-fiduciaries …
Persistent link: https://www.econbiz.de/10013050013
corporate governance and the role of regulation in encouraging institutional investors to become active stewards. I approach … activism be cured by regulation? The U.S. experience, in which substantial deregulation has led to only modest increases in …
Persistent link: https://www.econbiz.de/10013032144