Given the complexity of ERISA and tax code statutes governing pension plans, CPAs have an opportunity to advise plan sponsors of their
fiduciary obligations.
Unlike Stewart, they betrayed their
fiduciary obligations to employees, retirees, and shareholders.
While further work is required, a justification might proceed as follows:
Fiduciary obligations are recognized and legally enforced by the courts in response to relationships characterized by inequality of power, dependence, and trust.
In addition, she found that Protas had failed to honor his
fiduciary obligations as a center- and school-board member when he registered the trademarks in his own name, thereby violating his obligation to look out for the center and school's interests.
Just as important as the compliance activities, public companies have
fiduciary obligations to their shareholders to pursue legitimate tax planning to minimize tax liabilities.
She later amended her complaint to allege that Carle had violated its
fiduciary obligations by failing to inform her that the compensation of the CarleCare physicians would be increased to the extent that they did not use non-HMO facilities.
THANKS TO INCREASINGLY AGGRESSIVE ENFORCEMENT OF ANTIFRAUD laws and the emergence of joint ventures and networks, which can create conflicts, it has never been more important for company directors and officers to properly exercise their
fiduciary obligations.
Since a transaction broker has no
fiduciary obligations to a client under the proposed act, will prospective buyers who retain transaction brokers to "represent" them understand the ramifications?
Vigorous competition among hospitals, for example, may undermine their
fiduciary obligations to patients.
District Court for the Central District of California ruled that the firm breached its
fiduciary obligations by not switching participants to lower-fee institutional mutual fund shares.
IB 94-1 corrected a misperception that investments in ETIs are incompatible with ERISA's
fiduciary obligations.
