Sentences with phrase «obligation as a fiduciary»

Not exact matches

Schultz constantly reminds me that his obligation «first and foremost is as a fiduciary of our shareholders.»

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.

Principal Financial executives made clear last week that the company would not accept any fiduciary obligation in connection with distributors in the independent channel as the company doesn't sell its retirement plans or retirement plan advice on a direct basis.

Advisers who use sell - side research as a basis for investment recommendations may not be conflicted themselves, but they're certainly not fulfilling a fiduciary obligation to clients.

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.

Should it be the case that the Courts support that a REALTOR doesn't have an obligation to see that «patent defects» are noted on an Inspection Report (pursuant to Agency and fiduciary obligations) then the buyer clients of REALTOR's might as well buy privately, or at least, unrepresented by a REALTOR, as it relates to the question of the Inspection.

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it; attempted to implement substantial new options to itself, a plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad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

Trustees in bankruptcy may not have the same kind of fiduciary obligations as the others, either.

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.

The definition of fiduciary duty is as follows: «An obligation to act in the best interest of another party.»

More specifically, lawyers «must maintain financial books and records on a current basis, and shall preserve the books and records for at least five years following the completion of the year to which they relate, or, as to fiduciary books and records, five years following the completion of that fiduciary obligation.»

Real estate brokers and agents: disputes relating to brokers, agents and their ethical, fiduciary and other common law disclosure and other obligations, as well as alleged breaches in civil actions and in ethics proceedings before state regulatory agencies

He is an ardent litigator, serving as lead counsel in numerous civil jury trials involving medical - malpractice, contract disputes, defamation and related business torts, shareholder disputes (e.g., tortious interference with business relationship, trade secret, and non-compete violations), shareholder and LLC disputes and their fiduciary obligations, real - estate litigation, construction litigation, and creditors rights» issues and related bankruptcy and receivership issues.

They maintained that Indalex had breached its fiduciary obligations by failing to meet its duties as a plan administrator.

Such obligations have been characterized as akin to fiduciary - type responsibilities.

But any ruling upholding the in - house privilege should emphasize the firm's fiduciary obligation to notify clients as quickly as possible about potential malpractice or malfeasance, or any other situation that may create differing interests between lawyers and their clients.

Vorvis was interpreted by many as requiring the plaintiff to prove that the defendant also committed a tort or, as an example, breached a fiduciary obligation in addition to a breach of contract.

This application of the principle of fiduciary relationship only at the time of negotiating premarital or separation agreements creates, as noted above, a dual system of obligations, one during the marriage, and one outside the marriage.

He is broadly experienced at crafting and negotiating executive employment and compensation agreements; severance packages; non-competition and non-solicitation contracts, as well as agreements related to post-employment obligations; incentive plans stock options; bonus compensation, and fiduciary obligations.

Representing two former employees as sole counsel in a High Court claim for breach of confidence, fiduciary duties, and fidelity obligations (settled on confidential terms).

These claims address areas such as prospectus and other disclosure obligations, restatements, mutual fund trading and marketing, broker - dealer duties to clients and counter-parties, fiduciary duties and insider trading.

The most significant and most interesting feature of MMF is the Court's exploration of «the honour of the Crown,» beginning with the ways in which the Court distinguished between the Crown's fiduciary obligations — which it found did not apply in this instance — and the honour of the Crown which, the Court found, did apply, even though it had not been raised in the appellants» briefs to the SCC, though they had raised it in earlier proceedings as a ground for requiring fulfillment of promises or undertakings made by the Crown.

Some of the additional terms offered are various synonyms or related concepts such as officer, board, agent (for the director concept) or obligation, fiduciary relationship or trustee (for the fiduciary concept).

On the second issue, the Court held that as a general rule, provincial laws of general application apply to Aboriginal title lands subject to the Crown's obligation to justify an infringement of Aboriginal title, its fiduciary obligations and s. 91 (24) of the

As in any business venture, a law firm partner's fiduciary obligations prohibit the lawyer, prior to departure, from recruiting other owners or employees to join or follow him in leaving the firm.

He is particularly in demand for disputes requiring pre-emptive or injunctive relief, such as freezing orders, search orders or interim injunctions, and those involving fiduciary or equitable obligations.

On the second issue, the Court held that as a general rule, provincial laws of general application apply to Aboriginal title lands subject to the Crown's obligation to justify an infringement of Aboriginal title, its fiduciary obligations and s. 91 (24) of the Constitution Act, 1867.

Also, interpreting the treaties as extinguishment documents would be inconsistent with the Supreme Court's discussion in Tsilhqot «in and Grassy Narrows of the Crown's fiduciary obligations and the honour of the Crown.

On the contrary, after the Supreme Court ruled in favour of Guerin and held that the fiduciary obligation of the Crown to a First Nation was a real and justiciable obligation and not, as the Crown would have had it, «a mere political trust, a senior Justice official was heard to say of the Court's decision, «They have their view of the law and we have our view of the law.»

When I left Lawyer Metrics in late 2016, and before I started Legal Evolution, I resigned from Qualmet's Board, as I viewed fiduciary obligations to any legal industry business as incompatible with my role as editor.

Usually you don't learn that until you are in the midst of a divorce when you are obliged, as part of that fiduciary obligation, to disclose in writing to your spouse all your assets, all your debts, all your income and all your expenses, including anything held in someone else's name.

Apart from the issue of fiduciary obligation, this is a similar doctrine to native title in Australia, although, perhaps significantly, the Canadian courts emphasise «use and occupation» as the basis of Aboriginal title, differing somewhat from the Australian High Court's basis of native title as «custom and tradition».

Each spouse, by law, has an obligation to act as a fiduciary for the highest and best good of the community, much like the Trustee of a bank.

While guardianship may seem a somewhat dated concept, in the form of the doctrine of fiduciary obligation it demonstrates a willingness to protect the interests of Indigenous peoples as a necessary concomitant of the acquisition of their territory.

The applicants sought the Federal Court to consider whether communal title in traditional ritual knowledge, as expressed through artwork, could be recognised and protected by the Australian legal system as an incidence of native title, and alternatively whether a fiduciary obligation could be found to be owed by the artist back to the community and whether the common law is capable of recognising some form of traditional community ownership of copyright in equity.

These are as follows: (a) There must be a duty of care (fiduciary obligation) based on a special relationship between the representor and the representee (Realtor and client).

The Office of Housing will continue to work on planned sales of defaulted notes, as required for the orderly termination of HUD's fiduciary insurance and servicing obligations.

However, Kaufman breached his fiduciary obligations to Spec when he failed to disclose the identity of the prospects, as this was relevant information bearing on the sale of the property.

Without a representation agreement though Dave or proven implied agency, dual agency would not apply to you as the brokerage and the REALTOR you would be working with owes you no agency (fiduciary duty) nor would they have any obligation to protect or further your interests.

But I knew that I was morally and legally correct in the way that I carried out my obligations as they affected MY CLIENT»S fiduciary interests, even though, technically, my client was then the seller.

As a Vermont mortgage broker, our fiduciary obligation is to our client, not to the lender.

I don't think pocket listings in themselves are necessarily bad as long as the listing agent follows ethical and fiduciary obligations.

It's part of our fiduciary responsibility and our obligations under our «Exclusive Right To Sell» contract, that we get our owner's home listed on as many search engines as we can.