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Author : Marianne M. Jennings
Publisher :
ISBN 13 : 9781934667767
Total Pages : pages
Book Rating : 4.6/5 (677 download)
Download or read book Investment Professionals and Fiduciary Duties written by Marianne M. Jennings and published by . This book was released on 2014-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christian D. Rahaim
Publisher : iUniverse
ISBN 13 : 0595344291
Total Pages : 381 pages
Book Rating : 4.5/5 (953 download)
Download or read book The Fiduciary written by Christian D. Rahaim and published by iUniverse. This book was released on 2005 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: For any company or person considering or currently serving in the capacity of an ERISA (Employee Retirement Income Security Act) fiduciary, author Christian D. Rahaim's The Fiduciary: An In-depth Guide to Fiduciary Duties--From Studebaker to Enron, is an invaluable resource. The Fiduciary contains essential material--from the evolution of the fiduciary concept to its adaptation in ERISA and its continued evolution in the workplace. The clear and concise chapters build the framework for the reader to develop an understanding of the content, operations, and issues with the fiduciary obligation, such as: - An overview of pension plans - Responsibilities of a fiduciary - Investment management for defined contribution and benefit plans - Plan fees and expenses - Administration and compliance Christian Rahaim relies on more than twelve years of human resource management experience to guide employers through the processes related to employee benefits and fiduciary responsibilities. Citing the classic example of the Studebaker Corporation and the high-profile debacle of Enron, he details major factors that should be considered in fiduciary roles. The Fiduciary is an employers' guide for updated information on the increasingly controversial, legislated, and litigated topic of employee benefit plans.
Author : Michael E. Drew
Publisher : CFA Institute Research Foundation
ISBN 13 : 1944960708
Total Pages : 190 pages
Book Rating : 4.9/5 (449 download)
Download or read book Investment Governance for Fiduciaries written by Michael E. Drew and published by CFA Institute Research Foundation. This book was released on 2019-04-22 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governance is a word that is increasingly heard and read in modern times, be it corporate governance, global governance, or investment governance. Investment governance, the central concern of this modest volume, refers to the effective employment of resources—people, policies, processes, and systems—by an individual or governing body (the fiduciary or agent) seeking to fulfil their fiduciary duty to a principal (or beneficiary) in addressing an underlying investment challenge. Effective investment governance is an enabler of good stewardship, and for this reason it should, in our view, be of interest to all fiduciaries, no matter the size of the pool of assets or the nature of the beneficiaries. To emphasize the importance of effective investment governance and to demonstrate its flexibility across organization type, we consider our investment governance process within three contexts: defined contribution (DC) plans, defined benefit (DB) plans, and endowments and foundations (E&Fs). Since the financial crisis of 2007–2008, the financial sector’s place in the economy and its methods and ethics have (rightly, in many cases) been under scrutiny. Coupled with this theme, the task of investment governance is of increasing importance due to the sheer weight of money, the retirement savings gap, demographic trends, regulation and activism, and rising standards of behavior based on higher expectations from those fiduciaries serve. These trends are at the same time related and self-reinforcing. Having explored the why of investment governance, we dedicate the remainder of the book to the question of how to bring it to bear as an essential component of good fiduciary practice. At this point, the reader might expect investment professionals to launch into a discussion about an investment process focused on the best way to capture returns. We resist this temptation. Instead, we contend that achieving outcomes on behalf of beneficiaries is as much about managing risks as it is about capturing returns—and we mean “risks” broadly construed, not just fluctuations in asset values.
Author : Jack Gardner
Publisher : John Wiley & Sons
ISBN 13 : 1118538048
Total Pages : 61 pages
Book Rating : 4.1/5 (185 download)
Download or read book How to Write an Investment Policy Statement written by Jack Gardner and published by John Wiley & Sons. This book was released on 2012-09-28 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable resource for every financial service professionals developing an IPS The Investment Policy Statement (IPS) is one of the most critical documents fiduciaries must draft. For years, ERISA and other industry regulations have governed the guidelines all fiduciaries must comply with when drafting one. But the current climate of corporate scandal and the 2008 global banking crisis have led to increased scrutiny by regulators, prompting firms to take a closer look at the quality and integrity of their IPSs and to take steps to have a rigorous formal process in place for drafting them. Endorsed by the Foundation of Fiduciary Studies, this concise guide provides a rigorous framework and the expert insight, information and guidance you need to guarantee that your IPS is in complete compliance with all ERISA-directed requirements. Provides a step-by-step plan for creating a uniform IPS that every advisor in the office can follow Defines the duties and responsibilities of all parties involved, while clarifying diversification guidelines and providing methods for keeping costs under control Packed with ready-to-use templates, sample forms, letters and other documents, diagrams and other valuable tools, including sample Policy Statement downloadable at the companion website Designed to get you quickly up to speed on what you need to know to confidently serve your clients with the highest standards of care and protection
Author : Michael Ng
Publisher : Canada Law Book
ISBN 13 : 9780888043986
Total Pages : pages
Book Rating : 4.0/5 (439 download)
Download or read book Fiduciary Duties written by Michael Ng and published by Canada Law Book. This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Arthur B. Laby
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Advisors as Fiduciaries written by Arthur B. Laby and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article provides the first sustained account of advice-giving as a fiduciary activity, and it demonstrates that the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary relationships only arise when one party has discretion over the assets or affairs of another. Yet, many advisors -- such as lawyers, doctors, and investment professionals -- lack discretion over a principal's assets or affairs, but are nonetheless considered fiduciaries by the courts. The dominant academic view of fiduciary relationships is therefore incomplete because it does not account for purely advisory relationships. Drawing on the interdisciplinary literature on trust and the normativity of advice, the Article demonstrates that imposing a fiduciary duty on certain advisors is not only consistent with contemporary judicial practice, it is also normatively correct. In addition, the Article builds a framework for assessing which advisors should be subject to fiduciary responsibility. Not everyone who provides advice should be subject to fiduciary liability. Thus, the Article proposes factors to determine which advisors should be subject to fiduciary duties. The Article addresses a matter of widespread importance. Most people rely on fiduciary advisors to aid with critical decision-making. Yet, the dominant academic approach would wrongly denude these advisors of fiduciary responsibility merely because they lack discretionary authority over their clients' assets or affairs. This result would have adverse consequences for the advisory relationships on which most people rely.
Author : Christopher Carosa
Publisher :
ISBN 13 : 9781938465000
Total Pages : 320 pages
Book Rating : 4.4/5 (65 download)
Download or read book 401(k) Fiduciary Solutions written by Christopher Carosa and published by . This book was released on 2012-04-20 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an economy that demands focused attention, 401k plan sponsors must concentrate on their business, not its employee benefits. Ironically, this same economic environment provides an ideal opportunity to create a retirement plan that can best help employees retire in comfort. Companies achieving this ideal will find it easier to hire quality employees. How can 401k plan sponsors balance these two opposing forces? The answer most likely lies not within the walls of the company, but in its ability to outsource certain key fiduciary duties to recognized leaders in the fiduciary service industry. 401(k) Fiduciary Solutions covers all 401k compliance issues in a single reference source. It is written for plan managers, sponsors and others with 401k plan fiduciary responsibilities. Smart plan participants may also find the book a helpful source for advice on how to actively monitor plan performance and regulatory compliance. 401(k) Fiduciary Solutions helps readers: - Learn the 5 areas of fiduciary liability. - See a benchmarking template on how to best measure your plan. - Read what issues experts and industry thought leaders say matter most. - Discover how to avoid hiring vendors with hidden conflicts-of-interest. - Recognize what academic research suggests will help employees making good decisions. - Find out what industry pros are doing to create better 401k plans. - Follow an easy-to-implement approach to develop effective plan education. 401(k) Fiduciary Solutions contains an exhaustive appendix filled with great resources and useful checklists. Here's What Others Are Saying About Christopher Carosa's 401(k) Fiduciary Solutions: "The collection of material Carosa has compiled in 401(k) Fiduciary Solutions is nothing short of extraordinary. He digs deeply into an expansive set of topics to extract the practical insights diligent fiduciaries can use on a daily basis as they work with their retirement plans." - Mike Alfred, Co-Founder & CEO BrightScope, Inc. "Chris provides a treasure trove of practical & invaluable information and insights for plan sponsors and financial advisors to 401K plans. If you wear either of these hats you MUST read this book." - Harold Evensky, CFP, AIF, President, Evensky & Katz "Carosa demonstrates a knack for cutting through the clutter of investment, administrative and regulatory issues plan sponsors face to uncover the essence of what the reader needs to know and points to great resources for more information." - Blaine F. Aikin, CEO, fi360 "What sets this book apart from others I've seen in this space is the thoroughness of Chris's research, the variety of experts interviewed, and the breadth and depth of the topics covered. The book flows seamlessly from expert to expert and topic to topic. If you are a plan sponsor or in any way provide service and advice to plan sponsors this is a must-have book for your library." - Roger Wohlner, Co-founder Retirement Fiduciary Advisors "Provocative yet conversational, Carosa's book will terrify plan fiduciaries before guiding them on a simple path out of the darkness." - Jan Sackley, Fraud Examiner, PI, Fiduciary Consultant Fiduciary Foresight, LLC "Candid and forthright, Mr. Carosa proves he writes what he knows. The pithy and concise narrative translates the technicalities of the 401k fiduciary area into a relatable expertise." - Jenny Ivy, Managing Editor BenefitsPro.com "To craft, as Chris has on a regular basis, information on a complex subject that is readable, timely, and instructive - as well as occasionally controversial - is a rare gift." - Nevin E. Adams, JD Director, Education and External Relations Employee Benefit Research Institute "Carosa's work is highly regarded in the retirement community. His new book should serve as an essential reference for any plan sponsor or advisor who aspires to a higher fiduciary standard." - Kerry Pechter, Editor & publisher Retirement Income Jo
Author : Clifford E. Kirsch
Publisher :
ISBN 13 : 9781402407710
Total Pages : 0 pages
Book Rating : 4.4/5 (77 download)
Download or read book Investment Adviser Regulation written by Clifford E. Kirsch and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law gives you the thorough regulatory guidance you need to understand the rules currently governing investment advisers while ensuring you keep pace with the tougher rules to come. This straightforward, easy-to-read compliance resource shows you how to file and update the pivotal Form ADV and draft compliant advisory contracts.
Author : Evan J. Criddle
Publisher : Oxford University Press
ISBN 13 : 0190634111
Total Pages : 912 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Author : James P. Hawley
Publisher : Cambridge University Press
ISBN 13 : 9781107562080
Total Pages : 512 pages
Book Rating : 4.5/5 (62 download)
Download or read book Cambridge Handbook of Institutional Investment and Fiduciary Duty written by James P. Hawley and published by Cambridge University Press. This book was released on 2015-07-02 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Handbook of Institutional Investment and Fiduciary Duty is a comprehensive reference work exploring recent changes and future trends in the principles that govern institutional investors and fiduciaries. A wide range of contributors offer new perspectives on dynamics that drive the current emphasis on short-term investment returns. Moreover, they analyze the forces at work in markets around the world which are bringing into sharper focus the systemic effects that investment practices have on the long-term stability of the economy and the interests of beneficiaries in financial, social and environmental sustainability. This volume provides a global and multi-faceted commentary on the evolving standards governing institutional investment, offering guidance for students, researchers and policy-makers interested in finance, governance and other aspects of the contemporary investment world. It also provides investment, business, financial media and legal professionals with the tools they need to better understand and respond to new financial market challenges of the twenty-first century.
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 : Angela A. Hung
Publisher : Rand Corporation
ISBN 13 : 0833045016
Total Pages : 151 pages
Book Rating : 4.8/5 (33 download)
Download or read book Investor and Industry Perspectives on Investment Advisers and Broker-Dealers written by Angela A. Hung and published by Rand Corporation. This book was released on 2008-03-12 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: In theory, financial professionals are relatively distinct: A broker-dealer conducts transactions in securities on behalf of itself and others; and an investment adviser provides advice to others regarding securities. Different laws regulate each type of professional, but boundaries have blurred. This report examines current business practices and investor understanding of each type.
Author : Fiduciary360
Publisher :
ISBN 13 : 9780978796600
Total Pages : 56 pages
Book Rating : 4.7/5 (966 download)
Download or read book Prudent Practices for Investment Stewards written by Fiduciary360 and published by . This book was released on 2006 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details a prudent investment process for Investment Stewards--persons who have the legal responsibility for managing someone else's money, including trustees and investment committee members. It is used in conjunction with Fiduciary360's training programs in fiduciary responsibility.
Author : Mary Rowland
Publisher :
ISBN 13 : 9781576600061
Total Pages : 315 pages
Book Rating : 4.6/5 ( download)
Download or read book Best Practices for Financial Advisors written by Mary Rowland and published by . This book was released on 1997 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: a guide to the most successful business practices used and proven by top financial advisors. best practices for financial advisorscovers getting registered, regulations and enforcement, fiduciary duties, conflicts of interest, working with clients-and the best practices in education and training, determining suitability, disclosure, due diligence, and advertising. based on interviews with the best in the business.
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 : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Les Abromovitz
Publisher :
ISBN 13 : 9781954096929
Total Pages : 0 pages
Book Rating : 4.0/5 (969 download)
Download or read book The Investment Advisor's Compliance Guide, 3rd Edition written by Les Abromovitz and published by . This book was released on 2023-01-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Investment Advisor''s Compliance Guide, 3rd Edition delivers a concise yet comprehensive explanation of the rules and how they affect the work you do on a daily basis-no matter where you''re registered. It can be used as basic training for new Investment Advisor Representatives (IARs), as well as seasoned professionals. Best of all, it''s in plain English and will be helpful to both SEC and state-registered investment advisors (RIAs), as well as IARs. This title: Covers the SEC''s new marketing rule effective November, 2022, including new rules on advertising Identifies investment advisors'' fiduciary duties, including the Investment Advisers Act''s requirement to seek best execution for their clients Explains the registered investment advisor (RIA) registration requirements with either the Securities and Exchange Commission or state regulators Describes how to deal with client complaints as well as how to meet and exceed client expectations, as well as advice on how to deal with senior investors Provides the latest guidance from the NASSA, including the latest NASAA adviser''s guide and model rules Helps Chief Compliance Officers to identify situations that may subject them to personal liability Provides advice on Form ADV, the form used by investment advisers to register with both the Securities and Exchange Commission ("SEC") and state securities authorities, including how misstatements on Form ADV can lead to serious compliance issues Describes how to deal with client complaints as well as how to meet and exceed client expectations, as well as advice on how to deal with senior investors New in the 2023 Edition: A new chapters on the SEC''s Marketing Rule, including the use of testimonials, endorsements, third-party ratings, and performance advertising Analysis of the SEC''s new strategic plan for fiscal years 2022 through 2026, including the goals of protecting families against fraud and manipulation, developing a robust regulatory framework, and supporting a skilled workforce that is diverse and inclusive Personal liability issues facing Chief Compliance Officers (CCOs), including a discussion of the the SEC Commissioner''s 2022 personal liability analysis and the National Society of Compliance Professionals (NSCP)''s Firm and CCO Liability Framework to provide guidance to CCOs Update on the SEC''s 2022 Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Conflicts of Interest Impact of the pandemic on RIAs'' compliance obligations The use and misuse of today''s top social media platforms How new forms of communication can create compliance problems Form CRS and Regulation Best Interest compliance issues New discussion of senior clients, including coverage of the NASAA Model Act to Protect Vulnerable Adults from Financial Exploitation Topics Covered: The SEC''s new marketing rule, including discussion of advertising services Registration requirements for Investment Advisor Representatives The anti-fraud provisions of the Investment Advisers Act, including disclosure of conflicts of interest The code of ethics rule, including the purpose of the rule and insider trading Filing and updating of Form ADV Client communication and miscommunication, including the use of social media Analysis of the Investment Advisers Act''s "Compliance Program Rule," which requires advisors registered with the SEC to adopt and implement written compliance policies and procedures Issues related to fee miscalculations, including SEC warnings to about correctly aggregating household assets for purposes of fee calculations and over-billing of advisory fees Requirements for advisory contracts, including language to include in those contracts Fiduciary duty owed by investment advisors, including the fiduciary duty owed by robo-advisors and the best execution role Meeting and exceeding clients'' expectations Business continuity rules and succession planning The pay-to-play rule
