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Topic: Fiduciary


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In the News (Sun 3 Jun 12)

  
  Fiduciary Education Campaign
Plan sponsors and other fiduciaries have a solemn responsibility to protect the interests of the workers and retirees in their benefit plans.
The Fiduciary Education Campaign includes nationwide educational seminars to help plan sponsors understand rules and meet their responsibilities to workers and retirees, thereby improving their financial security.
Selecting And Monitoring Pension Consultants - Tips For Plan Fiduciaries - ERISA requires that fiduciaries of employee benefit plans administer and manage their plans prudently and in the interest of the plan’s participants and beneficiaries.
www.dol.gov /ebsa/fiduciaryeducation.html   (741 words)

  
  Fiduciary - Wikipedia, the free encyclopedia
A fiduciary is expected to be extremely loyal to the person they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents.
It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where their fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from their fiduciary position without express knowledge and consent.
Therefore, it is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where their fiduciary duty conflicts with another fiduciary duty, and not to profit from their fiduciary position without express knowledge and consent.
en.wikipedia.org /wiki/Fiduciary   (1866 words)

  
 IRMI - Fiduciary Liability Basics
Fiduciaries can also be held liable for the acts, errors, and omissions of outside entities that provide administrative and related services.
Fiduciary liability insurance is a popular vehicle for the financial protection of fiduciaries of employee benefit plans against legal liability arising out of their role as fiduciaries, including the cost of defending those claims that seek to establish such liability.
Fiduciary liability insurance coverage may or may not encompass EBL insurance coverage—the insurer involved, the purchasing entity, and the specific type of fiduciary liability coverage being employed will ultimately determine what scope of coverage is available.
www.irmi.com /expert/articles/larsen003.asp   (690 words)

  
 Take a Stand: Some advisers and broker-dealers are wary of accepting the role of fiduciary for managed accounts--at ...
"Fiduciary," a term that wasn't in much use while the market was on its phenomenal rise in the late 1990s, is again a focus for gun-shy investors.
As I said before, fiduciary responsibility is not something that can be definitively ducked, but if I were in your position, I'd want a partner who stood up beside me when things got rough, not someone who was bobbing and weaving in the background, looking for the escape hatch.
The present reality is that we are fiduciaries, in the larger sense of the word, whether or not we state so in our paperwork.
financial-planning.com /pubs/fp/20030501013.html   (1157 words)

  
 Report of the Commission on Fiduciary Appointments
Fiduciary appointments are judicial assignments of individuals, usually private attorneys, to assist the courts and serve litigants in a variety of situations.
Fiduciary appointees generally receive their fees from the assets of the individual or business the fiduciary has been assigned to represent or manage.
When the fiduciary seeks approval to be paid and the compensation exceeds $500, he or she completes a statement of approval of compensation form (UCS Form 830) and submits it to the appointing judge for approval.
www.courts.state.ny.us /ip/gfs/fidcommreport.html   (15795 words)

  
 Fiduciary: Facts and details from Encyclopedia Topic   (Site not responding. Last check: 2007-10-19)
(there the person who is the fiduciary acts for the benefit of people who have a reasonable basis of placing their trust in them based on the scope of the relationship and the explicit or implict agreement between the parties as to the terms that govern the relationship.
Fiduciary law is particularly relevant to the law of trusts, EHandler: no quick summary.
Fiduciary duties are always particularized to the actual relationships they occur in, EHandler: no quick summary.
www.absoluteastronomy.com /encyclopedia/f/fi/fiduciary.htm   (1027 words)

  
 Extracts from BLK publications on fiduciary compliance, SEC, trust and pension fund requirements, including soft dollars
To summarize, the fiduciary has to determine the beneficiaries to which she owes a duty of loyalty under the legal regimes relating to the various roles the fiduciary has undertaken and the standard of loyalty to which she will be held.
If the conflicts of interests resulting from her various roles and the particular set of circumstances are such that the fiduciary cannot comply with the legal mandates, she should consider relinquishing one of her roles, at least in regard to the decisions affected by the conflict, or delegating decision-making to an independent fiduciary.
In the words of the Bulletin, the fiduciary responsible for voting must “consider those factors that may affect the value of the plan’s investment and not subordinate the interests of the participants and beneficiaries in their retirement income to unrelated objectives.” In other words, the fiduciary must meet its duties of prudence and loyalty.
www.blk-consulting.com /Extracts/ALI.asp   (3141 words)

  
 FAQs: Center for Fiduciary Studies   (Site not responding. Last check: 2007-10-19)
We have found this to be directly applicable to the fiduciary evaluation process and a near perfect means of bridging the most appropriate elements of internal control audits and the systems/processes oriented approach of ISO 19011.
The Center for Fiduciary Studies' view of this industry-specific definition is that it is applicable whether the financial planner: (1) is a registered representative, or a registered investment advisor; (2) is commission and/or fee-based; and, (3) is operating with or without client discretion.
Fiduciary responsibility is a dynamic area of the investment industry that is continuously evolving, particularly now.
www.fi360.com /cfstudies/faqs.htm   (3312 words)

  
 CHAPTER 665b FIDUCIARY POWERS
Current fiduciary customers and beneficiaries shall be advised at least annually, in writing, of such policy and the amount of such fees shall be set forth as a separate item in the report normally provided to the customer of such bank.
The fiduciary shall be personally liable for any loss occasioned by the acts of any nominee of such bank in connection with the holding of stock and other securities in the name of such nominee.
No fiduciary account owning or holding an investment or interest in a common trust fund shall be deemed to have individual ownership of any asset in such common trust fund, but shall be deemed to have only a proportionate undivided interest in the common trust fund.
www.cga.ct.gov /2005/pub/Chap665b.htm   (3254 words)

  
 The Mavens' Word of the Day
Fiduciary is commonly used in a monetary or financial sense, and many people think that its use is restricted to financial discussions, but its actual meaning is broader.
A fiduciary must be relied on to exercise special care, good faity, and loyalty in dealing with his or her duties.
Fiduciary is primarily a legal word, and as such it is used of relationships where money is a prime concern--a corporate director is a fiduciary of the corporation, a general partner in business has a fiduciary relationship to the other partners.
www.randomhouse.com /wotd/index.pperl?date=19971001   (245 words)

  
 FPA Journal - Contributions: Solving an Employer's Fiduciary Dilemma: Liability, Discretion and the Role of the ...
Those people are the fiduciaries of their companies’ retirement plans and they were sued as individuals for breaches of fiduciary duty.
Describing the ideal fiduciary system is beyond the scope of this article, but the point of the full disclosure/100 percent revenue share example is that a prudent system minimizes conflicts of interest.
Typically, the advisor does not accept fiduciary status in writing as a discretionary trustee would, so the “advisor only” approach fails both tests—that is, there is little or no transfer of fiduciary liability and no verification through an independent source.
www.fpanet.org /journal/articles/2004_Issues/jfp0204-art6.cfm?   (4351 words)

  
 Office of Fiduciary Supervisor
The term “fiduciary” is a general one used to include an executor, administrator, curator, trustee, guardian, conservator or other person serving in a similar trust capacity.
It will be your responsibility as Fiduciary to identify the decedent’s probate and non-probate assets and the value of those assets as of the date of death.
It is your responsibility as Fiduciary to resolve all debts/claims with the creditor and provide the Supervisor’s office with a copy of the paid receipt or release.
www.berkeleycountycomm.org /fiduciary.htm   (2117 words)

  
 fiduciary - Definitions from Dictionary.com
of or pertaining to the relation between a fiduciary and his or her principal: a fiduciary capacity; a fiduciary duty.
The fiduciary manages the assets for the benefit of the other person rather than for his or her own profits.
A person, such as an investment manager or the executor of an estate, or an organization, such as a bank, entrusted with the property of another party and in whose best interests the fiduciary is expected to act when holding, investing, or otherwise using that party's property.
dictionary.reference.com /browse/fiduciary   (519 words)

  
 [No title]   (Site not responding. Last check: 2007-10-19)
The most common is a trustee of a trust, but fiduciaries can include business advisers, attorneys, guardians, administrators of estates, real estate agents, bankers, stockbrokers, title companies or anyone who undertakes to assist someone who places complete confidence and trust in that person or company.
A fiduciary is held to a standard of conduct and trust above that of a stranger or of a casual business person.
While a fiduciary and the beneficiary may join together in a business venture or a purchase of property, the best interest of the beneficiary must be primary, and absolute candor is required of the fiduciary.
dictionary.law.com /definition2.asp?selected=744&bold=||||   (228 words)

  
 Fiduciary Trust Company | Our Professionals
Prior to joining Fiduciary, he was a Trust Officer at State Street Bank and Trust Company from 1970-1981 and Assistant Director of Student Financial Aid at the University of Pennsylvania from 1963-1966.
Prior to joining Fiduciary, she was a Vice President with Mellon Trust/Boston Safe Deposit and Trust Company from 1981-1999 and with Scudder, Stevens and Clark from 1976-1980.
Prior to joining Fiduciary, he was Senior Vice President and Chairman of the Investment Policy Committee at Boston Private Bank and Trust Co. Other experience includes positions with Shawmut National Bank from 1993-1997 and CIGNA Investments from 1989-1993.
www.fiduciary-trust.com /fiduciary_professionals   (2350 words)

  
 Fiduciary Trust - Legal Notices
Fiduciary Trust Company hereby disclaims all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, except to the extent such disclaimers are held to be legally invalid.
In no event will Fiduciary Trust Company be liable for any consequential, incidental, indirect, special, or punitive damages whether in breach or in tort, even if Fiduciary Trust Company has been advised of the possibility of such damage.
Fiduciary Trust Company respects the privacy of users visiting its website and does not share any information with any third parties, send unsolicited e-mails or any direct marketing materials.
www.fiduciary-trust.com /legal   (315 words)

  
 Fiduciary duty at opensource encyclopedia   (Site not responding. Last check: 2007-10-19)
Fiduciary duty is one of the duties that corporate directors and officers have towards a corporation, as well as the duties that partners have to a partnership and trustees have to a trust.
Fiduciary duties take into account the nature of the relationship in which they are formed, and, in some circumstances (such as in limited liability companies) may be modified by contract.
Also related is the Business Judgement Rule which provides that the decisions of a corporation's board of directors will not be second-guessed unless a decision is self-interested (a violation of the duty of loyalty) or (more rarely) the board acted in an imprudent manner (a violation of the duty of care).
www.wiki.tatet.com /Fiduciary_duty.html   (270 words)

  
 Fiduciary Liability Insurance   (Site not responding. Last check: 2007-10-19)
The fiduciary liability limits selected also need to be handled with care because fiduciary liability coverage is seldom subject to umbrella liability coverage.
Fiduciary Liability Insurance pays, on behalf of the insured, the legal liability arising from claims for alleged failure to prudently act within the meaning of the Pension Reform Act of 1974.
Under ERISA, fiduciaries may be held personally liable for breach of their responsibilities in the administration or handling of employee benefit plans.
www.insurecast.com /html/fiduciary_liability_insurance.asp   (1443 words)

  
 IRMI - 2000 Fiduciary Liability Survey
The 2000 Fiduciary Liability Survey is a self-selecting, nonprobability sample of fiduciary liability claim and insurance purchasing patterns.
The purchase of fiduciary liability insurance is common among our survey participants, with 90 percent of U.S. participants and 75 percent of Canadian participants having some form of coverage.
Among the 10 percent (50) of U.S. participants that did not have fiduciary liability insurance, the main reasons given for not buying coverage were: see no need for it (16), advice of counsel (8), cost too high (8), coverage too limited (7), unable to obtain coverage (1), plus various other reasons (10).
www.irmi.com /expert/articles/larsen004.asp   (1211 words)

  
 Fiduciary Group Gibraltar International Offshore Company Management
Fiduciary is closely associated with Isola and Isola, Gibraltar's oldest law firm established in 1892, specialists in offshore trusts and offshore tax planning.
The Fiduciary Group in Gibraltar gives its clients professional and expert fiduciary services, aiding them in acquiring ready made companies or establishing new offshore companies worldwide with complete fiduciary international management services in jurisdictions which include Gibraltar itself, the British Virgin Islands and Jersey, to mention a few.
The Fiduciary Group will assist you in deciding which is the best jurisdiction to establish, ranging from a holding company to an offshore captive insurance company.
www.fiduciarygroup.com   (183 words)

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