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Author :
Publisher : Stationery Office/Tso
ISBN 13 : 9780102988338
Total Pages : 271 pages
Book Rating : 4.9/5 (883 download)
Download or read book Fiduciary Duties of Investment Intermediaries written by and published by Stationery Office/Tso. This book was released on 2014-07-02 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A TSO version of a title previously published by HM Government.
Author : Great Britain. Law Commission
Publisher :
ISBN 13 : 9781474107648
Total Pages : 255 pages
Book Rating : 4.1/5 (76 download)
Download or read book Fiduciary Duties of Investment Intermediaries written by Great Britain. Law Commission and published by . This book was released on 2014 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780108512728
Total Pages : 302 pages
Book Rating : 4.5/5 (127 download)
Download or read book Law Commission: Fiduciary Duties of Investment Intermediaries: A Consultation Paper - Consultation Paper No 215 written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2013-10-28 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The consultation paper Fiduciary Duties of Investments Intermediaries: A Consultation Paper follows on from the Kay Report on UK Equity Markets and Long Term Decision Making (see below), and uses pensions as the example, tracing a chain of intermediaries from the prospective pensioner/saver to the registered shareholder of a UK company. There are well established duties on pension trustees to act in the best interests of scheme members, and it looks at how far these duties require trustees to maximize financial return over a short time scale, and how far trustees can consider other factors such as environmental and social impact. The consultation asks: Whether the law is right to allow trustees to consider ethical issues only in limited circumstances? Whether the legal obligations on trustees are conducive to investment strategies in the best interests of the ultimate beneficiaries? and if not, what specifically ne
Download or read book Consultation on Changes to the Investment Regulations Following the Law Commission's Report 'Fiduciary Duties of Investment Intermediaries' written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Arad Reisberg
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (13 download)
Download or read book Fiduciary Duty Under the Microscope written by Arad Reisberg and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how UK pension fund trustees interpret the concept of their fiduciary duties in practice and how these interpretations may shape pension fund approaches to corporate stewardship and engagement as envisioned by the UK Stewardship Code. Using the data from 35 in-depth, semi-structured interviews with pension fund trustees, executives, investment intermediaries and a series of round-table discussions with pensions experts, the study uncovers interpretive pluralism of the concept of Fiduciary Duty in the area of pension funds. A model identifying the spectrum of pension fund engagement is developed, showing how different interpretations of fiduciary duty may be linked to various intensity and methods of engagement in practice. The findings help disambiguate the concept of 'fiduciary duty', highlighting the challenges of Stewardship Code application in practice. These insights are very relevant to the ongoing revisions of the Stewardship Code and further policy clarifications of the nature of fiduciary duty by the UK Financial Conduct Authority. This paper encourages trustees, regulators and others to consider closely what role pension fund trustees should have in stewardship, which may not be directly relevant to their fiduciary duties as trustees.
Author : Arthur B. Laby
Publisher :
ISBN 13 : 110848512X
Total Pages : 375 pages
Book Rating : 4.1/5 (84 download)
Download or read book Fiduciary Obligations in Business written by Arthur B. Laby and published by . This book was released on 2021-09-09 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.
Author : Tamar Frankel
Publisher :
ISBN 13 : 019539156X
Total Pages : 334 pages
Book Rating : 4.1/5 (953 download)
Download or read book Fiduciary Law written by Tamar Frankel and published by . This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Author : Russell Sparkes
Publisher : John Wiley & Sons
ISBN 13 : 0470856580
Total Pages : 422 pages
Book Rating : 4.4/5 (78 download)
Download or read book Socially Responsible Investment written by Russell Sparkes and published by John Wiley & Sons. This book was released on 2003-03-14 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent years there has been rapid consumer-led growth in investing in socially responsible companies to the extent that it has had an influence on corporate policies. New regulations recognise the public interest by requiring all pension funds to declare their ethical policy. Investors can no longer just consider the financial aspects of a company before investing but also have to consider the complex world of ethical investments. Should the ethical policy take precedence over the financial aspects? Should policies be inclusive or exclusive? What percentage of a company's income has to come from unacceptable sources before the source is excluded? Should any exclusion policy also extend to those involved in selling or transporting goods deemed unacceptable? This is the first book to look at socially responsible investment from the perspective of the institutional investor, who will be led through the complex dilemmas of socially responsible investment with practical examples and advice.
Author : Benjamin J. Richardson
Publisher : Routledge
ISBN 13 : 1135941068
Total Pages : 347 pages
Book Rating : 4.1/5 (359 download)
Download or read book Fiduciary Law and Responsible Investing written by Benjamin J. Richardson and published by Routledge. This book was released on 2013-08-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about fiduciary law’s influence on the financial economy’s environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of ‘nature’s trust’ to metaphorically signal how fiduciary responsibility should accommodate society’s dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature’s capital. We should expect everyone to act in nature’s trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.
Author : Elsa De Morais Sarmento
Publisher : John Wiley & Sons
ISBN 13 : 1119690641
Total Pages : 1331 pages
Book Rating : 4.1/5 (196 download)
Download or read book Global Handbook of Impact Investing written by Elsa De Morais Sarmento and published by John Wiley & Sons. This book was released on 2020-12-30 with total page 1331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover how to invest your capital to achieve a powerful, lasting impact on the world. The Global Handbook of Impact Investing: Solving Global Problems Via Smarter Capital Markets Towards A More Sustainable Society is an insightful guide to the growing world-wide movement of Impact Investing. Impact investors seek to realize lasting, beneficial improvements in society by allocating capital to sources of impactful and sustainable profit. This Handbook is a how-to guide for institutional investors, including family offices, foundations, endowments, governments, and international organizations, as well as academics, students, and everyday investors globally. The Handbook´s wide-ranging contributions from around the world make a powerful case for positive impact and profit to fund substantive, lasting solutions that solve critical problems across the world. Edited by two experienced and distinguished professionals in the sustainable investing arena and authored by two dozen renowned experts from finance, academia, and multilateral organizations from around the world, the Global Handbook of Impact Investing educates, inspires, and spurs action towards more responsible investing across all asset classes, resulting in smarter capital markets, including how to: · Realize positive impact and profit · Integrate impact into investment decision-making and portfolio · Allocate impactful investments across all asset classes · Apply unique Impact Investing frameworks · Measure, evaluate and report on impact · Learn from case examples around the globe · Pursue Best Practices in Impact Investing and impact reporting While other resources may take a local or limited approach to the subject, this Handbook gathers global knowledge and results from public and private institutions spanning five continents. The authors also make a powerful case for the ability of Impact Investing to lead to substantive and lasting change that addresses critical problems across the world.
Author : Ernest Lim
Publisher : Cambridge University Press
ISBN 13 : 1108426581
Total Pages : 655 pages
Book Rating : 4.1/5 (84 download)
Download or read book A Case for Shareholders' Fiduciary Duties in Common Law Asia written by Ernest Lim and published by Cambridge University Press. This book was released on 2019-08-22 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconceptualises the general meeting, controlling shareholders and institutional investors as fiduciaries in four leading common law Asian jurisdictions.
Author : MacKinnon, Rebecca
Publisher : UNESCO Publishing
ISBN 13 : 923100039X
Total Pages : 211 pages
Book Rating : 4.2/5 (31 download)
Download or read book Fostering freedom online: the role of Internet intermediaries written by MacKinnon, Rebecca and published by UNESCO Publishing. This book was released on 2015-01-29 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a unique role in linking authors of content and audiences. They may either protect or jeopardize end user rights to free expression, given their role in capturing, storing, searching, sharing, transferring and processing large amount of information, data and user-generated content. This research aims to identify principles for good practices and processes that are consistent with international standards for free expression that Internet intermediaries may follow in order to protect the human rights of end users online.
Author : Roger M. Barker
Publisher : Edward Elgar Publishing
ISBN 13 : 178471352X
Total Pages : 318 pages
Book Rating : 4.7/5 (847 download)
Download or read book Corporate Governance and Investment Management written by Roger M. Barker and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholder engagement with publicly listed companies is often seen as a key means to monitor corporate malpractices. In this book, the authors examine the corporate governance roles of key institutional investors in UK corporate equity, including pension funds, insurance companies, collective investment funds, hedge and private equity funds and sovereign wealth funds. They argue that institutions’ corporate governance roles are an instrument ultimately shaped by private interests and market forces, as well as law and regulatory obligations, and that policy-makers should not readily make assumptions regarding their effectiveness, or their alignment with public interest or social good.
Author : Beate Sjåfjell
Publisher : Cambridge University Press
ISBN 13 : 1107043271
Total Pages : 373 pages
Book Rating : 4.1/5 (7 download)
Download or read book Company Law and Sustainability written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-05-21 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.
Author : Booysen, Sandra
Publisher : Edward Elgar Publishing
ISBN 13 : 1800884621
Total Pages : 384 pages
Book Rating : 4.8/5 (8 download)
Download or read book Financial Advice and Investor Protection written by Booysen, Sandra and published by Edward Elgar Publishing. This book was released on 2021-12-07 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.
Author : Marnix Wallinga
Publisher : Springer Nature
ISBN 13 : 3030540014
Total Pages : 440 pages
Book Rating : 4.0/5 (35 download)
Download or read book EU Investor Protection Regulation and Liability for Investment Losses written by Marnix Wallinga and published by Springer Nature. This book was released on 2020-10-30 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.
Author : Giancarlo Frosio
Publisher : Oxford University Press
ISBN 13 : 0192573985
Total Pages : 801 pages
Book Rating : 4.1/5 (925 download)
Download or read book Oxford Handbook of Online Intermediary Liability written by Giancarlo Frosio and published by Oxford University Press. This book was released on 2020-05-04 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.
