Portfolio Theory and Management
H. Kent Baker (ed.), Greg Filbeck (ed.)
Published:
2013
Online ISBN:
9780199979790
Print ISBN:
9780199829699
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Portfolio Theory and Management
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Remus D. Valsan,
Remus D. Valsan
Lecturer in Corporate Law, University of Edinburgh
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Moin A. Yahya
Moin A. Yahya
Associate Professor of Law, University of Alberta
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Pages
165–182
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Published:
February 2013
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Valsan, Remus D., and Moin A. Yahya, 'Fiduciary Duties and Responsibilities of Portfolio Managers', in H. Kent Baker, and Greg Filbeck (eds), Portfolio Theory and Management (
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Abstract
The rules governing persons occupying a fiduciary role form a dynamic area of law. With deep historical roots, fiduciary relations have expanded beyond the established categories such as trust-beneficiary, agent-principal, or director-corporation to include any person who has power or discretion over another's interests, coupled with an express or implied undertaking to act exclusively in the other's service. Managers of investment portfolios may be subject to fiduciary law's strict requirements in various capacities such as trustees, agents, financial advisers, or corporate directors. Although the default fiduciary rules are strict, courts and legislators have proved willing to take into account commercial realities and relax the standard prohibitions of conflict of interest by imposing lower benchmarks or by allowing parties to a fiduciary relation to contract out the proscriptive rules.
Keywords: fiduciary, beneficiary, agent-principal, trustees, financial advisers
Subject
Financial Markets Asset Pricing Investments
Collection: Oxford Scholarship Online
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