IB 94-1 corrected a misperception that investments in ETIs are incompatible with ERISA's fiduciary obligations
Under the re-proposed rule, advisers will not be able to escape their fiduciary obligations
by claiming that the advice provided was "solely incidental" to the recommendation or not the "primary basis" for the retirement investor's decision-making.
Topics include intestacy, will execution and revocation, creation and termination of trusts, trust duration, family protection, charitable trusts, fiduciary obligations
, wealth transfer taxes and income taxation of estates and trusts, and dealing with illness, disability, and last things.
The court found that the ABB fiduciaries violated their ERISA fiduciary obligations
to the plan when they:
The law in this respect has been extended by our highest court not predictably or incrementally but in quantum leaps so that judges, lawyers and citizens alike are often unable to know whether a given situation is governed by the usual laws of contract, negligence or other torts, or by fiduciary obligations
whose limits are difficult to discern.
com)-- In the investment world, registered investment advisers have fiduciary obligations
to their clients while stockbrokers are generally held to what is known as the suitability standard.
Katzie First Nation alleges that the Environment Ministry "breached its constitutional and fiduciary obligations
to consult with and accommodate the plaintiff in regards to the plaintiff's Aboriginal rights, including title" and "breached its obligations to comply" with a 1995 cooperative management agreement between the parties for the park.
An experienced litigator and arbitration specialist whose practice focuses on real estate, international business transactions, corporate and partnership law, and securities, Mattioli handles a broad range of complex commercial matters, including shareholder disputes, corporate reorganizations, dissolutions, ground and commercial lease issues, brokerage and commission disputes, partnership and joint venture governance, fiduciary obligations
, derivative suits, and litigation arising under the federal securities laws.
GAO examined: (1) common 401(k) plan features, which typically have important fiduciary implications, and factors affecting these decisions; (2) challenges sponsors face in fulfilling their fiduciary obligations
when overseeing plan operations; and (3) actions Labor takes to ensure that sponsors fulfill their fiduciary obligations
, and the progress Labor has made on its regulatory initiatives.
16) The extension of the fiduciary concept to cases involving injuries that are not financial has been called "conceptually sound" by Robert Flannigan, and is in keeping with the finding that parents owe some fiduciary responsibilities to their children or that a doctor has some fiduciary obligations
to a patient.
Joe Leonard, AirTran's chairman and CEO, said the airline believes that "the Midwest board and management have been negligent in meeting their fiduciary obligations
to the Midwest shareholders".
The Sixth Circuit interpreted the statute to apply to expenses that must necessarily be incurred by a trustee to meet fiduciary obligations
under state law, while the Federal and Fourth Circuits, focusing on the plain and unambiguous meaning of the statute, stated that it applied only to "trust-related expenses that are unique to the administration of a trust and not customarily incurred outside of trusts" (22)