It's not
acting in any fiduciary capacity with respect to any contract and / or investment.
Those categories include debts for alimony and child support; money obtained through filing false financial statements; debts for willful and malicious injury to person or property; debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated; and debts from fraud or defalcation while
acting in a fiduciary capacity, embezzlement or larceny.
Old National will
act in a fiduciary capacity and acknowledge our role in writing for our ERISA and non-ERISA retirement plan services.
For example: When the investments are subject to ERISA, Taft - Hartley Plans, held in a trust / endowment / foundation, when the investments are in an estate and the executor is making investment decisions, or when there is more than one investment manager
acting in a fiduciary capacity under the Uniform Prudent Investor Act.
Let me frame this by pointing out that in the current (partly) capitalist free - market system descended from the winner of the Cold War, judgements of necessity of actions by corporations are generally made (at the top) by the CEO and / or Board of Directors,
acting in a fiduciary capacity as regulated by various governmental entities.
(C) when the judge is acting pro se in a matter involving the judge's legal or economic interests, or when the judge is
acting in a fiduciary capacity.
(C) A judge
acting in a fiduciary capacity shall be subject to the same restrictions on engaging in financial activities that apply to a judge personally.
The bankruptcy code prevents discharge of a debt that is obtained from «fraud or defalcation while
acting in a fiduciary capacity....»
Not exact matches
«It's the advisor who would be
acting in the
capacity of the
fiduciary,
in order to help them pick and choose the investments
in these plans,» Houston said
in response to a question from analyst Steven D. Schwartz of Raymond James & Associates.
However, consistent with the Rollover Opinion's reliance on the Supreme Court decision of Varity v. Howe [1], many believed that an advisor engaged to provide plan - level
fiduciary services, would not be
acting as a
fiduciary when
acting in a wholly separate non-
fiduciary capacity, such as selling personal rollover services unrelated to its status as a plan
fiduciary.
These firms then
act in the
capacity of a
fiduciary.
whether the consumer credit transaction or other transaction is made under the provisions of the National Housing
Act, or where the creditor is exempt from licensing under this chapter, (ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction is by a trust institution as defined
in Section 5 - 12A - 1 (1),
in its
capacity as a
fiduciary under any plan or agreement qualified under 26 USC 401 (a) or defined by 5 USC 8437, 26 USC 403 (b), or 26 USC 457, or a trust exempt under 26 USC 501, or (iv) to any municipal pension system created under the laws of the State of Alabama.
No information contained herein should be regarded as a suggestion to engage
in or refrain from any investment - related course of action as none of PIMCO nor any of its affiliates is undertaking to provide investment advice,
act as an adviser to any plan or entity subject to the Employee Retirement Income Security Act of 1974, as amended, individual retirement account or individual retirement annuity, or give advice in a fiduciary capacity with respect to the materials presented here
act as an adviser to any plan or entity subject to the Employee Retirement Income Security
Act of 1974, as amended, individual retirement account or individual retirement annuity, or give advice in a fiduciary capacity with respect to the materials presented here
Act of 1974, as amended, individual retirement account or individual retirement annuity, or give advice
in a
fiduciary capacity with respect to the materials presented herein.
(2) While
acting as a
fiduciary, a judge is subject to the same restrictions on financial activities that apply to the judge
in a personal
capacity.
By requiring all financial professionals to
act in a
fiduciary, instead of a sales,
capacity, they'll be legally bound to put your finances first if they stand to gain financially.