However, before concluding that the Spill Trustee Council has violated its fiduciary duty as trustee, another explanation should be considered. |
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The later the crack-up comes, the longer the period in which the calculation is misguided by fiduciary media. |
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The categories of relationships giving rise to fiduciary duties are not closed. |
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The fact that they had had a longstanding relationship with the borrowers may have influenced the court in finding a fiduciary relationship. |
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This is a self-dealing transaction, which would be presumptively illegal if professors owed a fiduciary duty to students. |
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Nor, given the fiduciary duty of the Trustee, is there any reason to imply any such limitation. |
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The various obligations of a fiduciary merely reflect different aspects of his core duties of loyalty and fidelity. |
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The fiduciary relationship which subsists between solicitor and client comes to an end with the termination of the retainer. |
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Moreover, it is obvious that if a fiduciary holds trust property at the cesser of his fiduciary relationship, he remains accountable for it. |
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The action arises out of a claim by the Plaintiffs against their former solicitors for negligence and breach of fiduciary duty. |
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The pleading against the solicitor is in the alternative, in negligence for breach of duty of care and in equity for breach of fiduciary duty. |
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Today's topic was the fiduciary responsibilities of agents to their principals. |
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In my view, the law draws a clear distinction between fiduciary duties and other duties that may be owed by a person in a fiduciary position. |
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A fiduciary is someone in a position of trust who is relied upon by a vulnerable person. |
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Therefore, the clearing system and the clients of other banks demanding redemption set narrow limits to the issuing of fiduciary media. |
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Their claim is based in contract and tort and includes allegations of negligence and breach of fiduciary duty. |
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The bank is not accountable if it failed to appreciate, albeit negligently, that it was acting inconsistently with the trust or fiduciary duty. |
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The court also indicated that the defendants' fiduciary duty included a responsibility to account for property and money entrusted to them. |
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Another important area of concern to fiduciary investors is information transparency, in particular contingent liabilities. |
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Lord Haldane held that the fiduciary relationship between the parties imposed a duty on the solicitor. |
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Thus, the bank instructed simply to buy or sell securities has fewer fiduciary duties than if it is the manager of a discretionary fund. |
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The duty arose from the fiduciary relationship of guardian and ward, as established by statute. |
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In fact, this is a demanding standard, since the beneficiaries of the fiduciary duty must give their fully informed consent. |
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Trustees have a fiduciary duty to act in accordance with the trust deed and for the benefit of the beneficiaries. |
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So, no, I would not entrust my money to them, because it is clear that they do not feel any fiduciary responsibility to me. |
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The consumer bureau says as a fiduciary you're supposed to act honestly and in good faith. |
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The distinguishing obligation of a fiduciary is the obligation of loyalty. |
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They like the system the way it is, and closed-end fund companies have a fiduciary duty to those shareholders. |
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The fiduciary duty requires the Director to act honestly, in good faith, and with a view to the best interest of the Authority. |
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We assumed our fiduciary responsibility and did not choose the path of least resistance. |
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The entrenchment of the fiduciary relationship through the enactment of s 35 limits federal and provincial legislative powers. |
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It needs transparency, capital requirements and fidelity to fiduciary duty. |
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How can the federal government justify the extent to which it is shirking its fiduciary responsibilities towards aboriginal people? |
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The board claimed that its fiduciary duty was to refrain from harmful acts involving disloyalty, bad faith or a conflict of interest. |
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It was not fair that a fiduciary in Carlsen's position should use this information to compete against his former employer. |
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The claim also alleges breach of fiduciary duty, unjust enrichment, breach of public duty and bad faith on the part of the Government of Canada. |
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The court found that Topps's board had likely breached its fiduciary duty by failing to try to negotiate a better deal with Upper Deck. |
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The Bishop, however, absent fault, cannot be held liable for a priest's breach of trust or fiduciary duty. |
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The organization may well benefit from my knowledge of fiduciary management. |
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On the other hand, they have a fiduciary duty to protect the interests of the plan members. |
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The fiduciary duty of the board is the same for all types of governance structures. |
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Paradoxically, Canadian law seems to be increasingly committed to enforcing this through both fiduciary and negligence law. |
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Robeco has all the building blocks for a very solid fiduciary proposition, including our independent subsidiary in this area, Corestone. |
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No prudent investor would overweight his or her portfolio in speculative stock, given that the funds belong to an Estate, to whom the investor owes a fiduciary duty. |
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Sponge does not actively mislead Maxwell, the parties are dealing at arm's length and are not, for example, in a fiduciary relationship where disclosure would be necessary. |
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The power would have to be exercised in accordance with the terms and purposes of the trust, the trustees' duty of care and their fiduciary position as trustees. |
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Curricular authority derives from two sources, the expertise of the faculty and the fiduciary duties of trustees, presidents, and key academic administrators. |
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The later the crack-up comes, the longer the period in which the calculation of the entrepreneurs is misguided by the issue of additional fiduciary media. |
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Loss-making firms sustained through the issue of fiduciary media are artificial forms of life, consume accumulated savings, and impoverish society. |
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It may be possible to go further and interpret Lord Browne-Wilkinson's somewhat ambiguous dicta as removing the requirement for a fiduciary relationship altogether. |
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To qualify as a professional fiduciary, CPAs would have had to pass a test, meet minimum educational requirements and agree to abide by a separate code of ethics. |
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A receiver appointed by the court must act fairly and honestly as a fiduciary on behalf of all parties with an interest in the debtor's property and undertaking. |
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As the saying goes, in this circumstance, two wrongs don't make a right, regardless of his assumptions about legal and fiduciary responsibilities. |
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The Defendants' fiduciary relationship only came into being in the course of the fraud and was incidental to the means by which the fraud was perpetrated. |
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Solicitors and other fiduciary agents who fraudulently misapply moneys of their clients often expect, or hope, that no loss will ultimately result to the client. |
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The question in this appeal is whether there are different policy objectives animating the breach of a parent's fiduciary duty as compared with incestuous sexual assault. |
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In addition, SAFA requests that the Diaspora Legacy Programme be administered and implemented directly by the President of Concacaf who shall act as a fiduciary of the Fund. |
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For most large corporations – especially publicly traded firms with a fiduciary duty to their shareholders – anything that smacks of smaller returns on investment makes for a difficult sell. |
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Further, the Supreme Court decreed that the Crown had fulfilled its fiduciary obligation to the Squamish Band by providing fishing stations for their use. |
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The maxim that parents should act in their child's best interests may help to justify particular parental fiduciary duties, but it does not constitute a basis for liability. |
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Promoting effective public sector management in borrowing countries, in particular by strengthening analytical and diagnostic work and improving country capacity on fiduciary and safeguard policies. |
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No clear rules for setting up fiduciary accounts were established, and neither was there an overall overview of all the funds held by the financial institutions. |
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When performing these services we need to be aware of the issue of whether the fiduciary needs to be licensed. |
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For all three types of resources, the use of a fiduciary fund would be appropriate only if the government actually controls the resources. |
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The foundation of political duties, no less than that of duties that run from trustee to trust beneficiary, could be found in fiduciary law. |
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Despite the increased exposure, fiduciary liability is often a misunderstood risk for boards in some small to midsize firms. |
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How does a company balance its fiduciary responsibility to investors and shareholders to make as much money as possible, with its social responsibility to its employees? |
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Hopefully, as we absorb these changes in fiduciary governance, the pendulum will swing back to a better balance and we can move beyond that red flag. |
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Tippees are people with no fiduciary obligation to the company to whom an insider discloses material nonpublic information. |
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The decrease in fiduciary transactions on the balance sheet date highlights the lack of appeal, in terms of remuneration, of this type of investment following the plunge in money market rates to historic lows. |
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The role of boards and of the directors who sit on them has become more rigorously defined, their ambit broadened and the fiduciary responsibilities of directors affirmed. |
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The civil complaint alleges that the defendants breached fiduciary duties they owed to the company, and also alleges constructive fraud. |
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Even in intestate estates, Florida law recognizes a preference for the surviving spouse to be a fiduciary. |
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The finance industry, including banking, fiduciary, captive insurance and fund management, is very important to Guernsey's economy. |
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Though Mr. Morris was not a public officer, Mr. Cuomo's office asserts that he assumed a fiduciary responsibility because he was making investment decisions for the pension fund. |
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But if METI's plan succeeds, expect much of corporate Japan to try to ignore the fiduciary bits, swallow the poison pill and drift back into a pleasant slumber. |
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Indeed, currency would be more effective for not being gold and silver but fiduciary paper money. |
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These bronze pieces continued to be devalued, assuring the possibility of keeping fiduciary minting alongside a gold standard. |
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Service providers to these industries, including fiduciary and trustee business, are a core part of the growth strategy of the island. |
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Trustees thus have a fiduciary duty to manage the trust to the benefit of the equitable owners. |
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Some breaches of fiduciary duty can be charged and tried as criminal offences in a court of law. |
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Tort is sometimes viewed as the causes of action which are not defined in other areas such as contract or fiduciary law. |
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Such agents have duties to discharge of a fiduciary nature towards their principal. |
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While EAM is a relatively small shareholder of Lear, it takes seriously its fiduciary obligations to its clients. |
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Jicarilla Apache Nation portends reluctance to treat the United States as a conventional fiduciary. |
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The FDIC typically asserts claims for negligence, gross negligence and breach of fiduciary duty. |
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The Court stated that the Guerin decision does not stand for the proposition that the federal government has a fiduciary duty towards aboriginal people in all circumstances. |
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Investors, especially pension funds but also financial institutions, must live up to their fiduciary duty not to risk their existence through speculation. |
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Officers of the Manager will devote as much time as is necessary for and exercise judgment accordance with fiduciary obligations to the management of the business and affairs of the Fund. |
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When a priest abuses this trust, he breaches not only his fiduciary obligation with respect to his victim, but also breaks faith with all those in the Church. |
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Striving towards this vision will strengthen the federal government's legal, constitutional, fiduciary and treaty obligations and will require concerted cooperation. |
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The directors and officers of Boralex have fiduciary duties to manage the Fund, including its investments in its subsidiaries, in the interest of the Fund. |
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They argue that it is their legal and fiduciary duty to pursue systemic policy change where it clearly advances the achievement of their charitable purposes. |
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Boyd argued that the two claims, breach of contract and breach of fiduciary duty, had violated the exercise of his constitutional free-speech rights. |
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A trustee may be held personally liable for problems, although fiduciary liability insurance similar to directors and officers liability insurance can be purchased. |
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The investigation concerns whether the BRE directors are breaching their fiduciary duties by failing to adequately shop the Company and maximize shareholder value. |
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The relational theory does, of course, derive some inspiration from the evolution of fiduciary and trust concepts that date back to at least the fideicommissum of Roman Law. |
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The investigation concerns possible breaches of fiduciary duty and other violations of state law related to the ARD board's approval of the proposed transaction. |
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Mutual funds, collectivizing the investments of millions of individuals, should have a key role to play as large shareholders with proxy voting fiduciary responsibility. |
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Since in these countries shares are traditionally held directly by banks, other firms and the state, the problem of fiduciary shareholding arises less often. |
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While the trustee is given legal title to the trust property, in accepting the property title, the trustee owes a number of fiduciary duties to the beneficiaries. |
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