Sentences with phrase «as fiduciaries if»

Likewise, you can't expect people to act as fiduciaries if they're not fiduciaries.

Not exact matches

If your adviser is an investment adviser and governed by the federal Securities and Exchange Commission, the adviser serves as fiduciary to you and must put your interests above his own and act in your best interest.

If your advisor is an investment advisor and governed by the federal Securities and Exchange Commission, the advisor serves as fiduciary to you and must put your interests above his own and act in your best interest.

The President directed that if the Department makes an affirmative determination as to any of the above three considerations, or the Department concludes for any other reason, after appropriate review, that the Fiduciary Rule, PTEs, or both are inconsistent with the priority of the Administration «to empower Americans to make their own financial decisions, to facilitate their ability to save for retirement and build the individual wealth necessary to afford typical lifetime expenses, such as buying a home and paying for college, and to withstand unexpected financial emergencies,» then the Department shall publish for notice and comment a proposed rule rescinding or revising the Fiduciary Rule, as appropriate and as consistent with law.

The introductory clause is amended to reflect the June 9, 2017 applicability date of that section, as follows: «On or after June 9, 2017, if the insurance agent or broker, pension consultant, insurance company or investment company Principal Underwriter is a fiduciary within the meaning of ERISA section 3 (21)(A)(ii) or Code section 4975 (e)(3)(B) with respect to the assets involved in the transaction, the following conditions must be satisfied, with respect to the transaction to the extent they are applicable to the fiduciary's actions -LSB-.]»

«If you recommend that someone roll their money out of a plan, that's going to count as fiduciary advice,» Hauser replied.

If the Fiduciary Standard is applied to brokers as well as financial advisors as has been discussed, there will for sure be lots of change, but to announce the death knell of the advice business is as ludicrous as saying there will no longer be a demand for teachers or doctors.

Nancy Smith, executive vice president and corporate secretary at AARP, said on a conference panel with Hauser that AARP will not only continue to advocate for the fiduciary rule but plans to assemble some members to act as «mystery shoppers» to see if advisors are complying.

In fact, a recommendation for a participant to take a rollover distribution would be viewed as fiduciary advice, even if the advisor does not include any actual investment recommendations along with the rollover recommendation.

Furthermore, the DOL Rollover Opinion indicates that advisors providing such fiduciary advice, even if inadvertently, will also be treated as subject to the restrictions described in the Rollover Opinion.

If you are involved in the administration of your company's retirement plan, it is important to understand what your role as a plan sponsor entails, as well as how to delegate parts of your fiduciary responsibility if you choose to do sIf you are involved in the administration of your company's retirement plan, it is important to understand what your role as a plan sponsor entails, as well as how to delegate parts of your fiduciary responsibility if you choose to do sif you choose to do so.

Many advisers currently sell their value as managing assets and charge as such and I do not believe that serves the investor well, even if the adviser is a fiduciary.

Because an agent has a fiduciary responsibility to a client under agency law (not literary agency law, but laws governing anyone who calls themselves an agent [from insurance agent to real estate agent to literary agent]-RRB-, the agent must allow an audit if requested — at least in most state laws as I understand them.

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.

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.

On day three general session, Vanguard CEO Bill McNabb encouraged advisors not put off implementation of DOL's fiduciary rule because of current lawsuits... will take 12 - 18 months to implement required processes so «prepare as if court cases will not be successful.»

As if that wasn't enough, Joe and Big Al have 10 tips to boost your retirement savings, the pros and cons of rolling your 401 (k) into an IRA, tax strategies to consider when paying for long - term care, the latest on the Department of Labor Fiduciary Rule, the age - old men vs women debate: who is better at investing, and Prince's $ 250 million estate planning mistake.

What if that forensic examination resulted in the destruction of or damage to pawned property as it seems that the pawn shop has a fiduciary responsibility to safeguard the owner's property?

Once Aboriginal title is declared, as it was in this case, what remains of the Crown's underlying title is two things: first, a fiduciary duty owed to the Aboriginal title holders when the Crown is dealing with the Aboriginal land, and, second, the right to encroach on the Aboriginal title if the government can justify the encroachment (paras 71, 85).

I typically tell them as part of a comprehensive state plan, you also have to figure out how to plan for those digital assets as well, and so if you're using something like a password manager, that's just one thing that you have to keep updated and then provide instructions on how to access that and then your fiduciary is covered.

If the theoretical underpinning is that consequential damages result from a breach of fiduciary duty, then fees as damages are extended to a new frontier, and the American Rule is further diluted.

As one court put it, «a law firm's communication with in - house counsel is not protected by the attorney - client privilege if the communication implicates or creates a conflict between the law firm's fiduciary duties to itself and its duties to its client seeking to discover the communication.»

Fiduciary duties can arise out of formal relationships, such as a lawyer or partner, or even informal relationships, if the specific facts or circumstances require the imposition of fiduciarFiduciary duties can arise out of formal relationships, such as a lawyer or partner, or even informal relationships, if the specific facts or circumstances require the imposition of fiduciaryfiduciary duties.

(D) If a person who is serving in a fiduciary position becomes a judge, he or she must comply with this Rule as soon as reasonably practicable, but in no event later than one year after becoming a judge.

(B) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction.

If someone was brought in as an employee, closed the company bank account and then run business for the company through her own account, she is likely violating her fiduciary duty to the company as an officer.

If, however, the demands on the person's time and the possibility of conflicts of interest are not substantial, such a person may continue to act, without compensation, as an executor, administrator, trustee, or other fiduciary for the estate or person of one who is not a member of the person's family if terminating the relationship would unnecessarily jeopardize any substantial interest of the estate or person and if the judicial council of the circuit approveIf, however, the demands on the person's time and the possibility of conflicts of interest are not substantial, such a person may continue to act, without compensation, as an executor, administrator, trustee, or other fiduciary for the estate or person of one who is not a member of the person's family if terminating the relationship would unnecessarily jeopardize any substantial interest of the estate or person and if the judicial council of the circuit approveif terminating the relationship would unnecessarily jeopardize any substantial interest of the estate or person and if the judicial council of the circuit approveif the judicial council of the circuit approves.

(1) The judge should not serve if it is likely that as a fiduciary the judge would be engaged in proceedings that would ordinarily come before the judge or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.

If the spouses do not wish you as the designated agent to disclose information or provide advice to the other spouse, then use a written service agreement to narrow the scope of your fiduciary duties.

If for no other reason such as unethical or conflict of interest or reduction of promised fiduciary duty, it's the dirty little secret Realtors can utilize to hold hostage all competitors.

When a home Seller is counselled to offer a lower than average amount of selling commission to a Cooperating Brokerage, are they being advised as to how this may possibly interact negatively with a prospective Buyer's «Buyer's Agency Contract», and if so, why would such a Seller agree to proceed as such — especially, if they've been made aware of any discounts that may apply to their List Price, later, as a result of extended market time?The aforesaid is fundamental to a fiduciary responsibility — yet, I believe that most Provincial Regulatory Authorities would be reluctant to prosecute such a negligent Registrant or Practitioner because the accused would hide behind the argument they were being wrongly persecuted for offering a «competitive business model»!

If you disagree with the foregoing, you are unfit for the rigours of acting as a fiduciary for your clients.

If you follow the latter mentioned path, and earn what you earn as the result, however much that may be per year, then you are following the path of a hugely successful «Professional» Realtor, with all of the responsibilities that that entails, including unquestioned high moral / ethical standards, character, honesty, truthfullnes and an inherent personality trait that embraces altruism toward one's clients» best fiduciary interests, whatever the monetary pay offs that may or may not be attached to said potential transactions.

Tom, if you are commenting as a buyer agent, I see your point, if as a listing agent, the fiduciary duty is to ensure you get the best price... it's that simple!

Without an agreement, salespeople who identify themselves as buyer's representatives could be held to the highest level of fiduciary duty to the client if they're taken to court.

Remember if you are the listing agent or a subagent to the seller, your principal fiduciary duty is to the sellers, even if you are also working with the buyers as customers.

If you still believe in the myth that all Realtors are the same, then continue on with your cheaper - is - just - as - good search for the cheapest Realtor out there to reprersent your fiduciary interests, and cross your fingers, even if you are not superstitiouIf you still believe in the myth that all Realtors are the same, then continue on with your cheaper - is - just - as - good search for the cheapest Realtor out there to reprersent your fiduciary interests, and cross your fingers, even if you are not superstitiouif you are not superstitious.

If we position ourselves as fiduciaries, then the Internet can provide all the so - called free information.

All lawyers who have a cause of action against a real estate brokerage should first do a fiduciary analysis to determine if advantages exist such as the extension of the statute of limitations, the burden of proof shifting, fee forfeiture, rescission, criminal prosecution or punitive damages.

Therefore, as shown in the Cricket Club Condo case, even if the money is used for another common area fix, it is nevertheless a breach of fiduciary duty — the Condo Board must spend the money as it has been delineated to be spent in the Special Assessment Notice.

All lawyers who have a cause of action against a real estate brokerage should first do a fiduciary analysis to determine if advantages exist such as the extension of the statute of limitations, burden of proof shifting, fee forfeiture, rescission, criminal prosecution or punitive damages.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained