Sentences with phrase «fiduciary positions»

(2) at any time with Rules 3.4 (Appointments to Governmental Positions), 3.8 (Appointments to Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator), 3.10 (Practice of Law), 3.11 (Financial, Business, or Remunerative Activities), 3.14 (Reimbursement of Expenses and Waivers of Fees or Charges), 3.15 (Reporting Requirements); and

A person to whom this Code becomes applicable shall comply immediately with its provisions, except that those judges to whom Rules 3.8 (Appointments to Fiduciary Positions) and 3.11 (Financial, Business, or Remunerative Activities) apply shall comply with those Rules as soon as reasonably possible, but in no event later than one year after the Code becomes applicable to the judge.

Most states allow what are called «negative will» provisions that state that certain persons should not serve in fiduciary positions.

In imposing fiduciary obligations, the Court concluded that the employee's very ability to perpetrate such a large scale fraud over an extensive period of time was evidence that he occupied a fiduciary position.

(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.

[1] The issue here is whether any kind of discharge, rather than a conviction, is proper for a string of deliberate commercial frauds by someone in a more or less fiduciary position.

You therefore potentially jeopardize your client's fiduciary position with your wild - west antics when you willy - nilly treat everyone the same in a fiduciary sense.

Not exact matches

(Corrects to delete reference in 10th paragraph and footnote to U.S. Senator Orrin Hatch's position on Labor Department plans to craft fiduciary rules for individual retirement accounts.)

This position is echoed by longtime fiduciary expert and Western Kentucky University professor Ron Rhoades.

Because fiduciaries have expert knowledge and skill, and they are paid because of that knowledge and skill, they are deemed to be in a special position of control over an important financial decision.

Self - dealing is when a fiduciary takes advantage of his or her position in a transaction and acts for their own interest rather than the clients.

He brings to the CEO position his extensive experience as a trustee and fiduciary advisor for individuals and families.

While I understand the COC is representing the interests of the financial services industry by opposing the Fiduciary Rule, I think their position is myopic - they should be supporting the rule to better represent their much bigger constituency of 401 (k) plan sponsors.

The Securities and Exchange Commission confirmed its position in the driving seat re the Department of Labor's fiduciary rule.

Rhoades, for example, quotes the NASD (now FINRA), as saying «essentially a broker, or agent, is a fiduciary, and he thus stands in a position of trust and confidence with respect to his customer or principle.»

Fiduciary opponents defend their position with several specious arguments.

The fiduciary is in a position of trust and must act accordingly.

A fiduciary is someone who holds a position of trust.

Constitutes executive or management personnel or officers or employees who constitute professional staff to executive and management personnel, and the position involves one or more of the following: (a) setting the direction or control of a business, division, unit, or agency of a business; (b) a fiduciary responsibility to the employer; (c) access to customer, employee, or the employer's personal or financial information, other than information customarily provided in a retail transaction; (d) the authority to issue payments, collect debts, or enter contracts; or 2.

employment involves access to confidential financial information; the employer is a certain financial institution or credit union; the position is that of law enforcement officer, emergency medical personnel, or firefighter; the position requires a financial fiduciary responsibility; the employer can demonstrate that the information is a valid and reliable predictor of employee performance in the specific position of employment; or the position of employment involves access to an employer's payroll information.

Information is not a bona fide occupational requirement unless the position: requires Federal Deposit Insurance Corporation clearance; is at a financial service institution; requires United States security clearance; or requires a fiduciary responsibility to the employer, including the authority to issue payments, collect debts, transfer money, or enter contracts.

Examples of this type of position include managerial positions, positions with access to personal information not customarily provided in a retail transaction, positions with fiduciary responsibility, positions with an expense account or corporate credit card, or positions with access to confidential or proprietary information.

Additionally, the prohibition does not apply if credit history is a bona fide occupational qualification of a position, including a position that: is a managerial position; involves access to financial information not customarily provided in a retail transaction; involves a fiduciary responsibility to the employer; provides an expense account for travel; or is a law enforcement officer.

You acknowledge and agree that your relationship with Blue Buffalo is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User - Submitted Content does not place Blue Buffalo in a position that is any different from the position held by members of the general public, including with regard to your User - Submitted Content.

As a fiduciary of Cooper Union, I began my board engagement with great enthusiasm and excitement about restoring the institution to a financially stable position, and renewing and burnishing the preeminence Cooper Union had historically enjoyed.

The interpretation of terms of service that make consent relevant — on the strength of the US statute — may be influenced by the legal position of fiduciaries under their local law.

An estate trustee stands in a fiduciary (i.e. trust) position and, as such, is required to show good faith in dealing with the beneficiaries and others.

It has been commonly stated that all employees are subject to a duty of fidelity but only those in a position with specific powers and responsibilities have fiduciary duties that would include reporting their own misconduct or that of fellow employees.

Persons in positions of trust who abuse or misuse that trust may have violated their fiduciary obligation.

The law imposes «fiduciary» duties on people occupying positions of trust, including directors, partners, agents, brokers, legal and financial advisers, and many others.

In her current role as Director, Fiduciary Services at Scotiatrust, Elaine is responsible for the positioning of all personal trust services.

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.

The brokerage took the position that the agent breached his contractual, statutory and fiduciary duties to its clients and was negligent in handling four transactions which caused it to suffer damages.

LawPRO has always taken the position that consumers benefit when lawyers are maintained as the fiduciaries and quarterbacks at the heart of real estate transactions.

Fiduciary An individual or entity holding the funds or property of another in a position of trust.

As you can see, the difference between a basic employment background check and a background check for someone who will hold a position of trust, influence, and fiduciary responsibility is significant in scope.

Now the last time I checked, a REALTOR owes their clients fiduciary duties and because there is a representation agreement in place this includes believe it or not Steve, representation, and not the withdrawal of such a duty because the REALTOR can no longer advise / guide or tell one client anything that would prejudice the other's position.

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

The easy decision for now is to take a bankruptcy, but in the world of business, in the world of corporate hiring, in the world of finance, anyone who has had a bankruptcy is ineligible for a number of positions that require evidence of fiduciary responsibility.

I have no doubt that if your kind (those folks from the everyday trenches of Real Estate practice) were to be all of a sudden elevated into positions vacated by the entrenched, all - knowing bureaucrats, who only actually give lip service to common sense initiatives from front - liners, things would begin to change for the betterment of those who are paying the freight, those folks who CREA's fiduciary duties «ough» t to be geared toward.

The terms «correction» and «correct» mean, with respect to a prohibited transaction, undoing the transaction to the extent possible, but in any case placing the plan in a financial position not worse than that in which it would be if the disqualified person were acting under the highest fiduciary standards.