Sentences with phrase «as a fiduciary duty»

The Court, with reference to Whiten v. Pilot Insurance Co., 2002 Carswell Ont 537, explained that an actionable wrong is «a breach of a distinct and separate contractual provision or other duty such as a fiduciary duty.»

At paragraph 82, the SCC noted that an actionable wrong can be established with a breach of a distinct and separate contractual provision or other duty such as a fiduciary duty.

Daniels views it as a fiduciary duty to talk with sellers about the effect odors can have on a home sale.

# 5 - Statistics and Market Trends that are released by MLS Associations or any non-profit serving them, have a legal requirement to protect Buyers as a fiduciary duty and not Sellers ONLY.

Not exact matches

«Your goal is to make money as a VC or accelerator who is investing other people's money because you have a fiduciary duty to do everything in your power to bring your LPs returns,» Hamilton wrote in her Medium post.

In many countries, board members and, as a consequence, managers have a fiduciary duty to maximize the wealth of shareholders.

The change to «employee owned» would require the CEO and board members as fiduciaries, now would have the duty and the opportunity to promote good corporate governance to protect the assets under their care, and because the corporation is at least 51 % employee owned the focus would be not just the bottom line.

Your goal is to make money as a VC or accelerator who is investing other people's money because you have a fiduciary duty to do everything in your power to bring your LPs returns.

As a public company, Snap is much more beholden to public investors and has a newfound fiduciary duty to get its business in order.

As an LP, it's easier to say right now, «I have a fiduciary duty to my investors» [and pass].

A board of directors, acting as steward with fiduciary duties to a company's shareholders, generally has significant duties of loyalty and care in overseeing management and the strategic direction of the company.

Indeed, it states that the»... idea of a strictly «fiduciary» duty to avoid tax is wholly misconceived... [and]... It is not possible to construe a director's statutory duty to promote the success of the company [undersection 172 of the Companies Act 2006] as constituting a positive duty to avoid tax.»

In addition, four stockholder derivative lawsuits have been filed in California purportedly on behalf of HP stockholders seeking to recover damages for alleged breach of fiduciary duty and to require HP to improve its corporate governance and internal control procedures as a result of the activities of the leak investigation: Staehr v. Dunn, et al. was filed in Santa Clara County Superior Court on September 18, 2006; Worsham v. Dunn, et al. was filed in Santa Clara County Superior Court on September 14, 2006; Tansey v. Dunn, et al. was filed in Santa Clara County Superior Court on September 20, 2006; and Hall v. Dunn, et al. was filed in Santa Clara County Superior Court on September 25, 2006.

While the new DOL rules are principles based and do not provide discreet instructions as to what advisors should do to fulfill fiduciary duties, industry executive David Trainer said advisors can not lose with clients or regulators by incorporating research into their practice that is «inarguably in the best interest of clients.»

Others understand the beneficiary of directors» and officers» fiduciary duties to be the corporation itself (as distinct from the corporation's shareholders) and see this as underwriting the stakeholder view of the corporation — the idea that the corporation should be managed in the interests of all of its stakeholders.

As earlier reported, Gannett's cause also got a boost when a shareholder filed suit alleging that Ferro and the directors had breached their fiduciary duty issuing new shares and selling a 13 percent stake to Dr. Patrick Soon - Shiong two weeks ago.

Under Senate Bill 383, which takes effect July 1, the Nevada securities administrator has authority to further define the fiduciary duty by defining certain acts as violations or exclusions from the duty.

McBee said that with a publicly traded company he has a fiduciary duty to his shareholders to prioritize profits at the firm even as a groundswell of change engulfs the telecommunications industry.

While the new DOL rules are principles based and do not provide discreet instructions as to what advisors should do to fulfill fiduciary duties, we think advisors can not lose with clients or regulators by incorporating research into their practice that is:

This right of action does not represent a separate category of director liabilities, but start - up founders should be sensitive to the remedy's availability as a tool for stakeholders to make allegations of breaches of fiduciary duties and duties of care.

«As the beneficiary of the accelerated monitoring fees, Blackstone violated its fiduciary duty by failing to properly disclose the fees,» said Julie Riewe, co-chief of the SEC Enforcement Division's Asset Management Unit.

As a result, the first focus of our advocacy efforts was on getting financial planners to acknowledge a fiduciary duty to their customers throughout the planning process, including during implementation of their recommendations.

Elliott was not originally named as a defendant, but after initial discovery showed the extent of its involvement in the Board's breaches of fiduciary duty, Elliott was added as a defendant in an amended complaint under the theory that Elliott exercised actual control over the Board's decision - making.

As mentioned above, Delaware courts have not directly addressed the extent to which restrictions agreed between parties to a merger agreement that limit a target board's ability to change its recommendation are inconsistent with directors» fiduciary duties.

Today marks the beginning of Fiduciary September 2015, the month declared four years ago by the Institute for the Fiduciary Standard as a time to commemorate why fiduciary duties in financial advice matter so much to the markets and iFiduciary September 2015, the month declared four years ago by the Institute for the Fiduciary Standard as a time to commemorate why fiduciary duties in financial advice matter so much to the markets and iFiduciary Standard as a time to commemorate why fiduciary duties in financial advice matter so much to the markets and ifiduciary duties in financial advice matter so much to the markets and investors.

They are registered with the SEC or a state securities regulator as fiduciaries, subject to the duty of loyalty and due care with their clients.

They have a fiduciary duty to protect Google's corporate brand as a «good» company.

It is the duty of the Board of Directors to serve as a prudent fiduciary for shareholders and to oversee the management of our business.

The relationship between doctors, patients and society as a whole is termed a «fiduciary» relationship, which implies a particular duty to avoid conflicts of interest.

The board of directors of Las Vegas - based Wynn Resorts is facing mounting lawsuits from shareholders — including the NYS pension fund — who allege they breached their fiduciary duties when they ignored what has been described as a longstanding pattern of sexual abuse and harassment by the company's founder, Steve Wynn.

«The CFO Lisa Terrill and COO Sherm Atkinson, have come forward indicating significant breaches of fiduciary duty as part of the News Corp. transaction,» continued Greenspan.

The bold flexibility in IDEA acknowledges that school system leaders must comply with IDEA as well as honor their fiduciary duty to allocate resources economically to the taxpayers in a district.

Laws vary from state to state, but you may find that you have a right to audit anyone who owes you a fiduciary duty as a matter of law.

If we determine this Board has acted inconsistently with its fiduciary duties, we will not hesitate to take any and all actions within our rights as stockholders, including commencing litigation and / or seeking an injunction, in order to protect our investment in Avigen.

... to exercise its fiduciary duty to shareholders by winding up NTII in order to return cash to shareholders as quickly and efficiently as possible.

We believe the Avigen Board is not only willing to sacrifice and squander shareholder money but, in the process, its members are making a mockery of their obligations to fulfill their fiduciary duties as directors of the Company.

If SureWest executives truly want to behave as first - class fiduciaries, I would argue that their duty is to shovel money back to shareholders, who can find better returns in other industries on their own.

The recommendation of these two professionals (as well as a good real estate attorney, for those areas that use them) isn't us just sloughing - off our fiduciary duties to them.

Hedge funds, however, are subject to the same prohibitions against fraud as are other market participants, and their managers owe a fiduciary duty to the funds that they manage.

As a registered investment adviser, Bernie Madoff had a fiduciary duty to his clients.

This way, as plan sponsors discharge their fiduciary duties to not only select but monitor those investments over time, they can understand the process and help translate it back to 401 (k) or other plan participants.

That could be construed as a breach of fiduciary duty.

Such voting responsibilities will be exercised in a manner that is consistent with the general antifraud provisions of the Advisers Act, as well as Broad Run's fiduciary duties under federal and state law to act in the best interest of its clients.

I would advise clients to always obtain their own inspection report as I believe there was an Ontario court ruling some years ago that a buyer can not rely on an inspection report prepared for a seller and therefore there is no recourse against the inspector and no fiduciary duty required from the sellers inspector.

IMO) Don't expect me to do that as part of my fiduciary duty definition.

However, as long mortgage broker fiduciary duty is curtailed, there is no hope of reform for the mortgage industry.

«We believe this solution can help empower the adviser and the consultant to fulfill their fiduciary duties in areas such as plan design and investment selection.

The SEC defines illegal insider trading as: -LSB-...] buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material,...

The complaints allege that between 1999 and 2001 a number of stock option grants were backdated, and that as a result the defendants breached their fiduciary duties to Ditech Networks and violated provisions of federal securities laws and California statutory and common law.

As a brief overview, the Management and Board have embarked upon a failed merger that garnered virtually no support from its shareholders, and was opposed by ISS, and continued on that path until the date of the special shareholders meeting and scheduled vote, spending lavishly in a failed effort to close it; attempted to implement substantial new options to itself, a plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad healthcare company experience supported by its shareholders; held many Board and Committee meetings with nothing to show for it; formed a new Strategic Transactions Committee that is highly paid but that has produced no deals for the shareholders to consider or for any outside valuation experts to formally review; spent lavishly on accountants, auditors and counsel; failed to successfully hire any outside professional negotiators and finally extinguish or remove the outstanding lease obligations; distributed no cash to the shareholders despite holding excess amounts; formed no special purpose entity to hold any royalty and milestone rights and payments for the benefit of its shareholders; and thus generally failed in its fiduciary duties to shareholders.