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This article models the duty of care as a response to moral hazard where the principal seeks to induce effort that is costly to the agent and unobservable by the principal. The duty of loyalty, by contrast, is modeled as a response to adverse selection where the principal seeks truthful...
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deduction limit. These findings raise serious questions about the management of compensation boards acting in the fiduciary …
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unincorporated. This article examines Hartela Contractors Ltd v Hartecon JV Sdn Bhd in which fiduciary duties were imposed to joint …
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Fiduciary duties are often today held out as typical instruments of shareholder protection in the common law of both … law conducive to good capital market development. However, fiduciary duties in these two jurisdictions often operate in … only in the US fiduciary duties are typically enforced by the courts, whereas in the UK, corporate law enforcement is …
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enactment of CA 2006, s 170(5), such an argument is contingent upon the shadow director-company relationship being fiduciary in … nature. It is argued here that such a relationship is fiduciary in nature, but the current approach of the English courts of … application of fiduciary obligations to shadow directors. This position is supported by establishing a theoretical basis for the …
Persistent link: https://www.econbiz.de/10013048194
This paper discusses the duties of a fiduciary with respect to underperforming assets held in a client's account. A … trustee, investment adviser, and investment manager each is a fiduciary. Because trust law most clearly articulates fiduciary … rules, this paper focuses on trust law as the principal foundation of fiduciary law. Although investment advisers are not …
Persistent link: https://www.econbiz.de/10013056961
Pension funds play a linchpin role in Western, capitalist economies by allowing citizens to save for their future, and are generally viewed as fundamental to the stability and long-term orientation of the production system as a whole. It is essential to ensure that there is clarity as to...
Persistent link: https://www.econbiz.de/10012991643