The Fiduciary Structure of Investment Management Regulation

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Publisher :
ISBN 13 :
Total Pages : 29 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Fiduciary Structure of Investment Management Regulation by : Arthur B. Laby

Download or read book The Fiduciary Structure of Investment Management Regulation written by Arthur B. Laby and published by . This book was released on 2017 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment managers owe fiduciary duties to clients, including the duty of loyalty and the duty of care. A persistent question, with no clear answer, is what precisely is required by the duties of loyalty and care. In this paper, I argue that much of investment management regulation is a response by regulators to the uncertainty inherent in the fiduciary obligation. Regulators design investment management rules to guide managers regarding the proscriptions imposed by the duty of loyalty and the diligence required by the duty of care. Regulators, acting through agency rulemaking and enforcement actions, are attempting to specify what precisely is required of investment managers in the context of exercising their fiduciary obligation to clients. Viewing investment management law as I propose here leads to an important insight about the law, and it challenges an alternative view of the fiduciary obligation. Some writers claim that detailed conduct rules effectively displace fiduciary duties. By contrast, I argue that, far from being an alternative to fiduciary duties, investment management law and regulation serves to explicate what the fiduciary obligation entails. Rules prepared by regulators governing the investment management industry are not a substitute for a fiduciary duty; they compose its essence.

Regulation of Money Managers

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Author :
Publisher : Wolters Kluwer
ISBN 13 : 145487063X
Total Pages : 4826 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Regulation of Money Managers by : Tamar Frankel

Download or read book Regulation of Money Managers written by Tamar Frankel and published by Wolters Kluwer. This book was released on 2015-09-16 with total page 4826 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Regulation of Money Managers (with the original subtitle: The Investment Company Act and The Investment Advisers Act) was published in 1978 and 1980. The Second Edition, subtitled Mutual Funds and Advisers, was published in 2001 and has been annually updated since then. It is a comprehensive and exhaustive treatise on investment management regulation. The treatise covers federal and state statutes, their legislative history, common law, judicial decisions, rules and regulations of the Securities and Exchange Commission, staff reports, and other publications dealing with investment advisers and investment companies. The treatise touches on other financial institutions such as banks, insurance companies, and pension funds. The work also discusses the economic, business, and theoretical aspects of the investment management industry and their effects on the law and on policy. The treatise contains detailed analysis of the history and development of the Investment Company Act and the Investment Advisers Act. It examines the definitions in the Acts, including the concept of ‘‘investment adviser,’’ ‘‘affiliates,’’ and ‘‘interested persons.’’ It outlines the duties of investment company directors, the independent directors, and other fiduciaries of investment companies. The treatise deals with the SEC’s enforcement powers and private parties’ rights of action.

The Regulation of Money Managers

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Publisher :
ISBN 13 : 9781454870678
Total Pages : 0 pages
Book Rating : 4.8/5 (76 download)

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Book Synopsis The Regulation of Money Managers by : Tamar Frankel

Download or read book The Regulation of Money Managers written by Tamar Frankel and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on the Regulation of Mutual Funds

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715050
Total Pages : 477 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on the Regulation of Mutual Funds by : William A. Birdthistle

Download or read book Research Handbook on the Regulation of Mutual Funds written by William A. Birdthistle and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: With fifty trillion in worldwide assets, the growth of mutual funds is a truly global phenomenon and deserves a broad international analysis. Local political economies and legal regimes create different regulatory preferences for the oversight of these funds, and academics, public officials and legal practitioners wishing to understand the global investing environment will require a keen awareness of these international differences. The contributors, leading scholars in the field of investment law from around the world, provide a current legal analysis of funds from a variety of perspectives and using an array of methodologies that consider the large fundamental questions governing the role and regulation of investment funds. This volume also explores the identity and behavior of investors as well as issues surrounding less orthodox funds, such as money market funds, ETFs, and private funds. This Handbook will provide legal and financial scholars, academics, lawyers and regulators with a vital tool for working with mutual funds. Contributors include: W.A. Birdthistle, M. Bullard, I.H-Y Chiu, B. Clarke, Q. Curtis, D.A. DeMott, J. Fanto, J.E. Fisch, P. Hanrahan, L.P.Q. Johnson, W.A. Kaal, A.K. Krug, A.B. Laby, J.D. Morley, A. Palmiter, I. Ramsay, E.D. Roiter, M. White, D.A. Zetzsche

Regulation of Investment Management and Fiduciary Services

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis Regulation of Investment Management and Fiduciary Services by : William Campbell Ries

Download or read book Regulation of Investment Management and Fiduciary Services written by William Campbell Ries and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Investment Adviser Regulation

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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 Fiduciary

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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.

Regulation of Investment Advisers

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Publisher :
ISBN 13 :
Total Pages : 918 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Regulation of Investment Advisers by : Thomas P. Lemke

Download or read book Regulation of Investment Advisers written by Thomas P. Lemke and published by . This book was released on 1996 with total page 918 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fiduciary Obligations in Business

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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.

Investment Management Law and Regulation

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Publisher : Wolters Kluwer
ISBN 13 : 0735530483
Total Pages : 968 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis Investment Management Law and Regulation by : Harvey E. Bines

Download or read book Investment Management Law and Regulation written by Harvey E. Bines and published by Wolters Kluwer. This book was released on 2004-01-01 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its First Edition, this classic treatise called attention to the duty of reasonable care, the duty of loyalty and the public duty of fiduciaries to the marketplace. Grounded in the idea that prudent investing is to be defined by professional practices accepted as appropriate at the time of investment by the management, thereby permitting such practices to adapt to changing conditions and insights, the field of investment management law and regulation has at its center the goal of a common standard of care for investment.Now in its Second Edition, this definitive guide to investment management law and regulation helps you to profitably adapt to today's new and changing conditions and anticipate tomorrow's regulatory response.Here are just a few of the reasons why Investment Management Law and Regulation will be so valuable to you:Explains and analyzes all the ins and outs of the law, clarifies the complexities, answers your questions, points out pitfalls and helps you avoid themCovers the entire field in one volume, saves you valuable time and effort in finding information and searching through stacks of referencesEnsures compliance with all relevant regulations, makes sure nothing is overlooked, protects you against costly mistakesUpdates you on the latest important changes, tells you what is happening now and what is likely to happen in the future Investment Management Law and Regulation is the only up-to-date volume to offer a comprehensive examination of the field of investment management law, covering everything from financial theory and legal theory to the various aspects of hands-on fund management. It's the only resource of its kind that:Identifies and explains the financial theories that control the development of investment management law across management activitiesGives critical judicial, legislative, and regulatory history that makes recent law and regulation more comprehensibleCovers all areas of regulation governing the activities of investment managers, including marketing, suitability, advisory contacts, fees, exculpation and indemnification, performance, fiduciary obligations, conflicts of interest, best executionProvides the practical tools that help predict more effectively how regulators will respond to new marketplace developments and productsIntegrates investment management law and regulation for all institutional investment managersAnd more Whether you are a manager, broker, banker, or legal counsel, a seasoned professional or just starting out, this treatise will quickly become your most trusted guide through the intricacies of this complex, critical, and closely scrutinized area

Fund Governance: Legal Duties of Investment Company Directors

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Publisher : Law Journal Press
ISBN 13 : 9781588521026
Total Pages : 906 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis Fund Governance: Legal Duties of Investment Company Directors by : Robert A. Robertson

Download or read book Fund Governance: Legal Duties of Investment Company Directors written by Robert A. Robertson and published by Law Journal Press. This book was released on 2001 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Investment Management Regulation

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Publisher : Fathom Publishing Company
ISBN 13 : 9781888215052
Total Pages : 552 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis Investment Management Regulation by : Tamar Frankel

Download or read book Investment Management Regulation written by Tamar Frankel and published by Fathom Publishing Company. This book was released on 2005-01-01 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment companies have become an important part of the financial system. This case book is designed to familiarize students with the special laws governing investment companies: their creation, structure, corporate governance, operations (including the distribution of shares and the management of the portfolios), dissolution and, time permitting, taxation. In particular, the case book focuses on the Investment Company Act of 1940 and on the practice in this area before the Securities and Exchange Commission.

Fiduciary Finance

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857930362
Total Pages : 209 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Fiduciary Finance by : Martin Gold

Download or read book Fiduciary Finance written by Martin Gold and published by Edward Elgar Publishing. This book was released on 2011 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-faceted analysis of institutional investment defines fiduciary finance institutions as the third pillar of the financial system, alongside banks and insurers. It documents the role played by investment funds and the money management industry during the recent financial crisis, and provides an unashamedly critical review of the business disciplines which can dominate investment practices. It clarifies the economic significance of the investment industry (circa $60 trillion in assets) and the features which differentiate fiduciary finance from traditional financial institutions such as banks and insurers. Martin Gold reviews the intellectual foundations of the investment discipline and synthesizes the literature into the principal scientific paradigms . He explores the legal frameworks (prudential investment standards) that govern mainstream portfolio management practices which, combined with the commercial imperatives of the investment industry, can create marked differences from textbook depictions of investment management. Recent events have again called into question the worth of the now ubiquitous collective investments such as pension funds and mutual funds, and the integrity of the financial markets. Given the trillions of government funds which have been committed to financial bailouts, and the volatility experienced by investors, the author asserts that a critical analysis of fiduciary finance must question whether better outcomes can be achieved. Tellingly, most fiduciary finance institutions remain outside the perimeter of macro-prudential regulations. This challenging and multidisciplinary work promises to provide a fascinating read for academics focusing on economics and finance, money and banking, as well as for investment and financial services practitioners, policymakers and market regulators.

A Fiduciary's Guide to Federal Securities Laws

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Author :
Publisher : Association
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Fiduciary's Guide to Federal Securities Laws by :

Download or read book A Fiduciary's Guide to Federal Securities Laws written by and published by Association. This book was released on 1994 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fiduciary Standards in Pension and Trust Fund Management

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Publisher : MICHIE
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis Fiduciary Standards in Pension and Trust Fund Management by : Betty Linn Krikorian

Download or read book Fiduciary Standards in Pension and Trust Fund Management written by Betty Linn Krikorian and published by MICHIE. This book was released on 1989 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fiduciary Law and Responsible Investing

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Author :
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 Adviser's Legal and Compliance Guide, 3rd Edition

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Author :
Publisher : Wolters Kluwer
ISBN 13 : 1543812562
Total Pages : 990 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Investment Adviser's Legal and Compliance Guide, 3rd Edition by : O'Malley, Walsh

Download or read book Investment Adviser's Legal and Compliance Guide, 3rd Edition written by O'Malley, Walsh and published by Wolters Kluwer. This book was released on 2019-06-18 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment Adviser's Legal and Compliance Guide