Not exact matches
Advisors who are already acting
as fiduciaries should tout that
status to clients and use it to their competitive advantage.
Not all firms within a given NAICS code would be affected by this rule, because being an ERISA
fiduciary relies on a functional test and is not based on industry
status as defined by a NAICS code.
They would not be specifically required to meet other transition period requirements of these PTEs, such
as to make specific written disclosures and representations of
fiduciary status and of compliance with
fiduciary standards in investor communications, designate a person or persons responsible for addressing material conflicts of interest and monitoring advisers» adherence to the Impartial Conduct Standards, and comply with new recordkeeping obligations.
As a condition of relief during the Transition Period, Financial Institutions were required to provide a disclosure with a written statement of fiduciary status and certain other information to all retirement investors (in ERISA plans, IRAs, and non-ERISA plans) prior to or at the same time as the execution of recommended transactions (the «Transition Disclosure»
As a condition of relief during the Transition Period, Financial Institutions were required to provide a disclosure with a written statement of
fiduciary status and certain other information to all retirement investors (in ERISA plans, IRAs, and non-ERISA plans) prior to or at the same time
as the execution of recommended transactions (the «Transition Disclosure»
as the execution of recommended transactions (the «Transition Disclosure»).
Investors, advisors, and regulators have spent years arguing over who should be classified
as a
fiduciary, but few ask what that
fiduciary status means.
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.
Depending on an investor's
fiduciary status, cryptocurrencies may not meet regulatory requirements such
as know - your - customer (KYC) rules.
Capital One Investing does not review any action or inaction of a
fiduciary with respect to any Account, including any action or inaction taken by COA with respect to the Program, and disclaims any responsibility for determining (i) whether a
fiduciary's conduct satisfies applicable standards of care, or (ii) the validity of a person's or entity's
status, or capacity to serve,
as a
fiduciary.
They have a
fiduciary responsibility to maintain the
status quo
as long
as possible, after all.
It raises a fundamental question: are law firms like ordinary businesses, which may protect
as privileged communications between employees and in - house lawyers seeking legal advice, or does lawyers»
status as fiduciaries for their clients mean those communications should be treated differently?
Acted
as lead trial counsel in a successful jury trial in the Business Litigation Session between shareholders of a close corporation involving claims of breach of
fiduciary duty, shareholder
status, and wrongful termination.
A similar point of ambiguity arises with respect to the Court's treatment of the relationship between the lawyer's duty of loyalty and the lawyer's
status as a
fiduciary.