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The insights of choice architecture have led to expanded use of default settings in defined contribution (DC) plans in both the United States and Australia. The two countries have taken somewhat similar approaches to the content of default investment products. However, they differ significantly...
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Both the United States and Australia have increased the use of default settings in defined contribution (DC) plans such as 401(k)s. However, policy makers in the two countries have taken different approaches to important aspects of default investment products. This article discusses the...
Persistent link: https://www.econbiz.de/10013112517
Corporate law and corporate governance are often called upon to address problems in international and transnational contexts. Financial markets are global and the problems in those markets are often similar, if not identical, even though the capital market structure across jurisdictions differs...
Persistent link: https://www.econbiz.de/10012843797
Fiduciary duties are often today held out as typical instruments of shareholder protection in the common law of both the US and the UK, which are sometimes held out as examples for a consensus model for what is considered good corporate law conducive to good capital market development. However,...
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The Delaware Court of Chancery asserted in eBay Domestic Holdings v. Newmark that all activities of a for-profit Delaware corporation must seek to maximize the economic value for its stockholders. While the requirement to maximize stockholder value bolsters investors' confidence in Delaware...
Persistent link: https://www.econbiz.de/10013047753
A deep-seated rule in Israeli law is that the bank owes a fiduciary duty to its customers. The concept of imposing a fiduciary duty on banks is not originally an Israeli one. The Israeli courts adopted it from British law. However, from the moment that it was introduced in Israel, the courts...
Persistent link: https://www.econbiz.de/10013055157
Scholars, lawyers, judges, and parties to fiduciary relationships struggle to define when an arrangement constitutes a fiduciary relationship and what fiduciary duties are. While many believe that fiduciary relationships have foundations in expectations of morally praiseworthy behavior, the law...
Persistent link: https://www.econbiz.de/10012989602
Commerce and Equity have always been at crossroads with each-other and seem incomprehensible to co-exist due to their nature. While commercial environment envisages absolute contractual freedom of parties, equity has hues of paternalism to prevent abuse of power relations. A breakthrough in this...
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