Tag Archives: fiduciary

Smith on Prescriptive Fiduciary Duties

Lionel Smith (McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law; University of Oxford – Faculty of Law) has posted Prescriptive Fiduciary Duties ((2018), 37 University of Queensland Law Review 261-287) on SSRN.  Here is the abstract: … Continue reading

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Fiduciary Self-Dealing

A fundamental duty of being a fiduciary is the duty of loyalty. In essence, this entails that the fiduciary must act solely in the interest of the beneficiaries. Breaching the duty of loyalty occurs when the fiduciary engages in self-dealing,… … Continue reading

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Recent New Jersey Rule Proposal Progresses State Efforts to Impose Fiduciary Duties on Brokers

On April 15, the New Jersey Bureau of Securities (the “Bureau”) issued a rule proposal to establish a uniform fiduciary duty standard applicable to investment advisers, brokers-dealers and their registered representatives and agents.  Specifically, the proposed rule (N.J.A.C. 13:47A-6.4), which … Continue reading

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New Jersey is second state to propose uniform fiduciary standard

By Jay Fishman, J.D. New Jersey is the second state after Nevada to propose a uniform fiduciary standard for broker-dealers and investment advisers. Although pre-proposal commenters advised the New Jersey Securities Bureau to wait on the rulemaking until the SEC … Continue reading

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Is the Fiduciary Rule Dead?

On March 15, 2018, the U.S. Court of Appeals for the Fifth Circuit struck down the controversial “Fiduciary Rule” in a decision by Judge Edith Jones that was none too subtle concerning its intended effect. The court noted that the … Continue reading

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