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fiduciary |
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fiduciary (fĭd `shēĕ'rē), in law, a person who is obliged to discharge faithfully a responsibility of trust toward another. Among the common fiduciary relationships are guardian to ward, parent to child, lawyer to client, corporate director to corporation, trustee to trust trust, in law, arrangement whereby property legally owned by one person is administered for the benefit of another. Three parties are ordinarily needed for the relation to arise: the settlor, who bequeaths or deeds the property for another's benefit; the trustee, in..... Click the link for more information. , and business partner to business partner. In discharging a trust, the fiduciary must be absolutely open and fair. Certain business methods that would be acceptable between independent parties dealing with one another "at arm's length" may expose a fiduciary to liability for having abused a position of trust. Thus, in an ordinary business transaction the prospective purchaser of land need not inform the seller of an imminent rise in realty values, but one buying land from a partner must disclose such information. In many cases courts will treat an unexplained profit derived from a fiduciary relationship as an instance of constructive fraud fraud, in law, willful misrepresentation intended to deprive another of some right. The offense, generally only a tort , may also constitute the crime of false pretenses. Frauds are either actual or constructive. ..... Click the link for more information. . fiduciaryIn law, a person in a position of authority whom the law obligates to act solely on behalf of the person he or she represents and in good faith. Examples of fiduciaries are agents, executors, trustees, guardians, and officers of corporations. Unlike people in ordinary business relationships, fiduciaries may not seek personal benefit from their transactions with those they represent. fiduciary Law 1. a person bound to act for another's benefit, as a trustee in relation to his beneficiary 2. a. having the nature of a trust b. of or relating to a trust or trustee How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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Current rule 99 allows discipline for acts or crimes that are related to the practice of public accountancy, which include, among other things, dishonesty, fraud, breach of fiduciary responsibility and gross negligence in the practice of public accountancy. But if you know there is a 100% chance of a natural or manmade disaster affecting your business, is it a breach of fiduciary responsibility not to take a proactive approach to disaster risk management? SAG has countersued Metoyer, alleging fraud and breach of fiduciary responsibility, and has retained O'Melveny & Myers to join its original firm in the suits, Geffner & Bush. |
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