The New Fiduciary Standard

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The New Fiduciary Standard

Author : Tim Hatton
Publisher : Bloomberg Press
ISBN 13 : 1576601838
Total Pages : 192 pages
Book Rating : 4.5/5 (766 download)

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Book Synopsis The New Fiduciary Standard by : Tim Hatton

Download or read book The New Fiduciary Standard written by Tim Hatton and published by Bloomberg Press. This book was released on 2005-05-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial advisers, trustees, and plan sponsors—in fact, anyone who provides investment advice—may be held to a fiduciary standard of care for the financial well-being of their clients, beneficiaries, or employees. Accountants, attorneys, and wealth managers all need to know about these responsibilities. But what, exactly, is meant by the term fiduciary standard? What must advisers do to be sure their procedures meet legal and ethical standards? This book identifies the 27 Prudent Practices, organized under the Five Steps, that were developed by the Foundation for Fiduciary Studies—measures that professionals can take to demonstrate that they accept, understand, and are fulfilling the role of a fiduciary. Financial advisers and others offering investment advice will add meaningful value to their practice and show tangible evidence of what sets them apart from the pack. Attorneys, CPAs, and others serving as trustees will possess the knowledge to determine whether or not their clients’ investment portfolios are being managed appropriately. Plan sponsors will know what to look for in selecting investment consultants and in giving employees the disclosures and information they need. The most far-reaching trend in the financial-advisory business today is the move toward a fiduciary standard of care. This book establishes for the industry a credible investment-decision process that will meet the growing expectations of investors and regulators for integrity, transparency, and disclosure of fees and conflicts that affect their returns.

The Advisor S Guide to the Dol Fiduciary Rule

Author : Marcia S. Wagner
Publisher :
ISBN 13 : 9781941627921
Total Pages : 0 pages
Book Rating : 4.6/5 (279 download)

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Book Synopsis The Advisor S Guide to the Dol Fiduciary Rule by : Marcia S. Wagner

Download or read book The Advisor S Guide to the Dol Fiduciary Rule written by Marcia S. Wagner and published by . This book was released on 2016-07-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In April of 2016, the U.S. Department of Labor (DOL) released its final rule that greatly expands the DOL's definition of "fiduciary" to apply to a broad range of advisors and broker-dealers who work with retirement related accounts. With many advisors currently operating under a suitability standard, broad imposition of the much stricter fiduciary standard of conduct will be a major change that will be felt by nearly the entire financial services industry. Even advisors who currently meet the fiduciary standard will face new documentation and operational requirements. The Advisor's Guide to the DOL Fiduciary Rule is the premier resource guiding advisors, planners, agents, producers, attorneys and other professionals through the new requirements established by the DOL's significant new rule. Written by one of the most highly respected legal experts in the field, this Guide delivers a powerful combination of expert explanations and legal analysis along with vital Q&As that provide reliable, direct answers to vital questions before they arise.

Fiduciary Law

Author : Tamar Frankel
Publisher :
ISBN 13 : 019539156X
Total Pages : 334 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Fiduciary Law by : Tamar Frankel

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.

Regulation Best Interest

Author : Melanie L. Fein
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Regulation Best Interest by : Melanie L. Fein

Download or read book Regulation Best Interest written by Melanie L. Fein and published by . This book was released on 2018 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Securities and Exchange Commission recently issued a proposed new rule to be called “Regulation Best Interest.” The proposal is an important step toward fulfilling the goal of the Dodd-Frank Act to clarify the standards applicable to broker-dealers when they give personalized investment advice to retail customers. The proposal goes far toward a recognition that broker-dealers are fiduciaries when they give such advice. The proposed “best interest” standard on its face is a fiduciary standard, and brokers operating under it will be fiduciaries under widely recognized common law fiduciary principles. Yet, the Commission has failed to acknowledge that the proposed “best interest” standard is a fiduciary standard. This paper argues that the Commission should acknowledge that brokers are fiduciaries when they provide personalized investment advice to retail investors and should adopt a uniform fiduciary standard for both brokers and investment advisers in accordance with the Dodd-Frank Act.

Fiduciary Obligations in Business

Author : Arthur B. Laby
Publisher :
ISBN 13 : 110848512X
Total Pages : 375 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Fiduciary Obligations in Business by : Arthur B. Laby

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.

Cambridge Handbook of Institutional Investment and Fiduciary Duty

Author : James P. Hawley
Publisher : Cambridge University Press
ISBN 13 : 9781107562080
Total Pages : 512 pages
Book Rating : 4.5/5 (62 download)

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Book Synopsis Cambridge Handbook of Institutional Investment and Fiduciary Duty by : James P. Hawley

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.

The Oxford Handbook of Fiduciary Law

Author : Evan J. Criddle
Publisher : Oxford University Press
ISBN 13 : 0190634111
Total Pages : 912 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Fiduciary Law by : Evan J. Criddle

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.

The Business Judgment Rule

Author : Stephen A. Radin
Publisher :
ISBN 13 :
Total Pages : 5872 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis The Business Judgment Rule by : Stephen A. Radin

Download or read book The Business Judgment Rule written by Stephen A. Radin and published by . This book was released on 2009 with total page 5872 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fiduciary Law and Responsible Investing

Author : Benjamin J. Richardson
Publisher : Routledge
ISBN 13 : 1135941068
Total Pages : 347 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Fiduciary Law and Responsible Investing by : Benjamin J. Richardson

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.

Investment Governance for Fiduciaries

Author : Michael E. Drew
Publisher : CFA Institute Research Foundation
ISBN 13 : 1944960708
Total Pages : 190 pages
Book Rating : 4.9/5 (449 download)

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Book Synopsis Investment Governance for Fiduciaries by : Michael E. Drew

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.

The Fiduciary

Author : Christian D. Rahaim
Publisher : iUniverse
ISBN 13 : 0595344291
Total Pages : 381 pages
Book Rating : 4.5/5 (953 download)

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Book Synopsis The Fiduciary by : Christian D. Rahaim

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.

Model Rules of Professional Conduct

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)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

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.

The Index Card

Author : Helaine Olen
Publisher : Penguin
ISBN 13 : 0698186656
Total Pages : 163 pages
Book Rating : 4.6/5 (981 download)

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Book Synopsis The Index Card by : Helaine Olen

Download or read book The Index Card written by Helaine Olen and published by Penguin. This book was released on 2016-01-05 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The newbie investor will not find a better guide to personal finance.” —Burton Malkiel, author of A RANDOM WALK DOWN WALL STREET TV analysts and money managers would have you believe your finances are enormously complicated, and if you don’t follow their guidance, you’ll end up in the poorhouse. They’re wrong. When University of Chicago professor Harold Pollack interviewed Helaine Olen, an award-winning financial journalist and the author of the bestselling Pound Foolish, he made an offhand suggestion: everything you need to know about managing your money could fit on an index card. To prove his point, he grabbed a 4" x 6" card, scribbled down a list of rules, and posted a picture of the card online. The post went viral. Now, Pollack teams up with Olen to explain why the ten simple rules of the index card outperform more complicated financial strategies. Inside is an easy-to-follow action plan that works in good times and bad, giving you the tools, knowledge, and confidence to seize control of your financial life.

Investment Adviser Regulation

Author : Clifford E. Kirsch
Publisher :
ISBN 13 : 9781402407710
Total Pages : 0 pages
Book Rating : 4.4/5 (77 download)

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Book Synopsis Investment Adviser Regulation by : Clifford E. Kirsch

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.

The Advisor's Guide to the Dol Fiduciary Rule, 2nd Edition

Author : Marcia S. Wagner
Publisher :
ISBN 13 : 9781945424670
Total Pages : 0 pages
Book Rating : 4.4/5 (246 download)

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Book Synopsis The Advisor's Guide to the Dol Fiduciary Rule, 2nd Edition by : Marcia S. Wagner

Download or read book The Advisor's Guide to the Dol Fiduciary Rule, 2nd Edition written by Marcia S. Wagner and published by . This book was released on 2018-12-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Department of Labor's (DOL) fiduciary rule constitutes the single biggest change in the financial advisory area since the passage of ERISA, but the DOL fiduciary rule was invalidated by a federal court of appeals last year. That begs the question then of what rules do apply for financial advisors helping clients make important decisions affecting their retirement? As a result, every attorney, advisor, or consultant whose practice, or the practice of their clients, directly or indirectly include advising on retirement plans must ensure they are in compliance with the new DOL Fiduciary Rule. The Advisor's Guide to the DOL Fiduciary Rule, 2nd edition, explains in detail what practices are permitted, prohibited, and required when dealing with retirement accounts. This includes the rendering of advice, fee structures, developing training courses, evaluating operating procedures and forms, and correcting noncompliant activities. Written by two of the most respected legal experts in the field -- Marcia Wagner, founder of the Wagner Law Group, and Barry Salkin, also of the Wagner Law Group, who have been practicing in the area of ERISA and employee benefits for many years -- this 2nd edition has been fully updated, including: Valuable information on the current Fiduciary Rule now in place as a result of court invalidation on the most recent fiduciary rule Current status and analysis of proposed SEC rule Current state of financial industry on compliance Employee benefits consultants or specialists Potential scenarios for 2019 And more! With this latest edition, advisors, planners, agents, producers, attorneys and other professionals will be able to confidently navigate the change surrounding this rule.

What Your Financial Advisor Isn't Telling You

Author : Liz Davidson
Publisher : HMH
ISBN 13 : 0544633342
Total Pages : 261 pages
Book Rating : 4.5/5 (446 download)

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Book Synopsis What Your Financial Advisor Isn't Telling You by : Liz Davidson

Download or read book What Your Financial Advisor Isn't Telling You written by Liz Davidson and published by HMH. This book was released on 2016-01-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protect your money with this “accessible and practical” guide to hiring and working with financial advisors (Publishers Weekly, starred review). Hiring a trained expert to safeguard and grow your wealth seems like a foolproof decision, but it can go awry for many people. You should never blindly trust that your advisor has your best interests at heart—and while there are many benefits to working with a financial pro, there are some things you should know first. Drawing on her insider’s knowledge of how the financial advice profession really works, Liz Davidson shows how to judge whether an advisor is going to help or harm your savings. This no-nonsense guide covers questions such as: How should you decide if you really need an advisor? What financial moves can you make without their help? What important questions should you ask before trusting them with your money? What are the red flags you should run from? What does all their jargon really mean? Learn how to take control of your financial well-being—either with a financial advisor or without one. “This book is mandatory reading for anyone who wants a better understanding of how to manage their money.” —Mary Beth Franklin, InvestmentNews “Valuable tools for managing one’s personal finances for maximum results.” —Publishers Weekly, starred review

Governance Reimagined

Author : David R. Koenig
Publisher : John Wiley & Sons
ISBN 13 : 0470598786
Total Pages : 257 pages
Book Rating : 4.4/5 (75 download)

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Book Synopsis Governance Reimagined by : David R. Koenig

Download or read book Governance Reimagined written by David R. Koenig and published by John Wiley & Sons. This book was released on 2012-05-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this book as your guide, you'll gain essential answers to some tough questions, including: --