Sentences with phrase «considering fiduciary duty»

NTR now has a golden opportunity to realise a premium valuation from a successful investment... and considering its fiduciary duty to shareholders, I suspect the board will ultimately arrive at the same conclusion.

I actually consider it my fiduciary duty.

If some of you still have some reservations, consider the fiduciary duty of handling money: the buyer's agent's real estate company holds the buyer's deposit in their trust account.

Not exact matches

The opinion considers - and rejects - the view that company directors are subject to a fiduciary duty to avoid tax.

While the SEC considers whether to extend a fiduciary duty to all advice givers, and the Department of Labor forges ahead on its revised definition of fiduciary, HighTower has moved ahead on its own, wrapping a strict fiduciary standard into a business model that meets client needs while giving top Wall Street brokers an innovative home from which to serve those clients and grow their individual businesses.

It is not possible to uphold that fiduciary duty while failing to consider, let alone, mitigate against climate change and its associated costs to the economy and environment,» said Cunningham, who heads CLF's clean energy and climate change program.

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it; attempted to implement substantial new options to itself, a plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad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.

It is not possible to uphold that fiduciary duty while failing to consider, let alone, mitigate against climate change and its associated costs to the economy and environment,» said Cunningham, who heads CLF's clean energy and climate change program.

It goes on to summarize financial arguments for investments in energy efficiency, including that: they can repay themselves quickly, depreciate slowly and deliver decades - long returns; efficient buildings, higher rents and higher sale price are correlated; considering energy performance is an important component of risk management and an investor's fiduciary duty; and at a time when energy prices are becoming more and more volatile, efficiency investments represent a good hedging strategy.

It is interesting that Canadian courts have considered candour in this context as a matter of fiduciary obligation while the English courts appear to have considered disclosure as a matter of the duty of care.

Instead, times have changed, Sonsini's infant companies have gone public and the practices that were considered acceptable have changed, now that those companies are regulated by the SEC and owe a fiduciary duty to thousands of investors and shareholders.

Duty of prudent administration: A fiduciary must consider the purposes, terms, distribution requirements, and other circumstances of the estate or trust.

Hatnay noted in Indalex, the appeal court considered the questions of whether the company had breached its fiduciary duty and whether there was a deemed trust in a situation where it had essentially abandoned its pension plan.

In its decision, the Federal Court of Appeal considered four issues: whether the Colony of British Columbia had breached its pre-emption legislation; whether the Colony had breached a fiduciary duty by allowing the village lands to be settled; Canada's liability for the Colony's breaches under the Specific Claim's Tribunal Act; and whether Canada's post-Confederation allotments of Band reserves remedied any potential breaches and fulfilled any possible fiduciary duties owed.

It follows that before entering into an analysis of the fiduciary duties of an employer as administrator of a pension plan under the PBA, it is necessary to consider the position and characteristics of the pension beneficiaries.

In Canada, the fiduciary duty is owed to the corporation but that means a series of stakeholders: «[i] n considering what is in the best interests of the corporation, directors may look to the interests of, inter alia, shareholders, employees, creditors, consumers, governments and the environment to inform their decisions.»

In particular, Haddon - Cave J had to consider whether employees (owing a fiduciary duty or otherwise) have a duty to inform their employer of a mounting competitive threat, even if that competitive threat comes or will come from the employee himself.

the Western Australia Aboriginal Legal Service is considering proceeding with a number of joined cases against the State alleging breach of fiduciary duty.

«We have to build our cases when we list our properties, just like appraisers have to, [otherwise] we're not doing our fiduciary duty,» he said, telling attendees to consider the work of the appraiser throughout the listing process.

A Connecticut court has considered whether a real estate licensee breached his fiduciary duty while serving as an escrow agent.

Donald, In your next column would you consider reviewing CREA and TREB, as non-profit bodies for the membership they represent and pass comment on the fiduciary duties, that in all probability, they must represent.

The court next considered whether the Buyer's Representative had a fiduciary duty to direct the Buyers to resources concerning racial diversity.

Breach of Fiduciary Duty was the most commonly raised issue, while Agency: Other and Vicarious Liability issues were considered in many cases as well.

In the first case, the court considered whether the licensee's actions constituted a breach of fiduciary duty.

Wisconsin court rules that broker / lender did not have a fiduciary duty when he was considering a short sale offer for client's property.

A New York court has considered whether a listing broker breached her fiduciary duty when she showed the eventual buyer other properties while she continued to represent the seller.

A Florida appellate court has considered whether real estate licensees in the state owe their clients the common - law fiduciary duties if the licensee fails to provide clients a mandated disclosure form describing the duties of limited representation.

The court first considered whether the Broker violated his fiduciary duty to the Owners when he stopped making the mortgage payments.

A New York court considered whether a broker had breached its fiduciary duty to a seller when it showed the buyers another property after the buyers and sellers had negotiated an oral agreement for the sale of the sellers» property.

The court next considered the Owner's challenge to the jury verdict in favor of the Auction Company on the breach of fiduciary duty claims.

However, the court found that the Buyer's breach of fiduciary duty and negligent misrepresentation allegations against the Buyer's Representative should have been considered by a jury, and so sent those allegations back to the jury.

A federal appellate court has considered whether a general partner in a partnership formed to develop real estate violated his fiduciary duty when he excluded his partners from a subsequent transaction.

A federal bankruptcy court has considered whether a real estate broker breached her fiduciary duty to a buyer when she purchased a property her client had expressed an interest in purchasing.

In a case previously summarized in The Letter of the Law, Oregon's highest court has considered whether a buyer could collect emotional distress damages from a real estate broker for broker's alleged breach of his fiduciary duty to his clients.

A Florida court has considered whether a lower court properly determined that a real estate salesperson breached his fiduciary duty to his clients when he purchased property that his clients claimed they had informed the salesperson they were also interested in purchasing.

A North Carolina appellate court has considered a prospective purchaser's breach of fiduciary duty lawsuit against a real estate brokerage.

A New Jersey appellate court has considered a challenge by a real estate broker to the trial court's decision that the broker breached his fiduciary duty to his clients by misrepresenting the status of property negotiations.

The Investor argued that the trial court did not properly analyze his breach of fiduciary duty allegations against the Brokerage, as there were fact issues that needed to be considered by a jury.

A Texas court has considered whether a real estate broker who helped his clients locate investment opportunities breached his fiduciary duty when the broker purchased one of the investment opportunities for his own account.

The trial court had not allowed the jury to consider these statements, ruling that they were made before the agency relationship was established between the parties and thus these statements were irrelevant to the beach of fiduciary duty allegations.

Changing a standard clause (I am talking about your personal clauses being used not those created to allow compromise and escape fiduciary duties that are found on Webforms) first needs to consider recent court decisions and then how any change would be viewed by lawyers.

Any Calgarian that is even considering Buying needs the advice of a Professional Buyers Agent, who can give advice that has no fiduciary duty to SELLERS.