If a company's purpose is to maximize shareholder returns, then sacrificing profits to other concerns is a violation of its fiduciary responsibility.

In some areas of the law this heading of damages is uncontroversial ; most particularly intellectual property rights and breach of fiduciary relationship.

However, the term is frequently used to refer to a practice in which an insider or a related party trades based on material non-public information obtained during the performance of the insider's duties at the corporation, or otherwise in breach of a fiduciary or other relationship of trust and confidence or where the non-public information was misappropriated from the company.

The court ruled in Carpenter: " It is well established, as a general proposition, that a person who acquires special knowledge or information by virtue of a confidential or fiduciary relationship with another is not free to exploit that knowledge or information for his own personal benefit but must account to his principal for any profits derived therefrom.

It is therefore thought by some that protectors have fiduciary duties, and by others that they do not.

A trustee is considered a fiduciary and owes the highest duty under the law to protect trust assets from unreasonable loss for the trust's beneficiaries.

Despite being owned by the IFC, the AMC has investment decision autonomy and is charged with a fiduciary responsibility to the four individual funds under its management.

As an agent, an attorney-in-fact is a fiduciary for the principal, so the law requires an attorney-in-fact to be completely honest with and loyal to the principal in their dealings with each other.

In the report, Perle is singled out as having breached his fiduciary responsibilities as a company director by authorizing several controversial transactions which diverted the company's net profit from the shareholders to the accounts of various executives.

The left-hand side is the value of a fiduciary call, which is long a call and enough bonds to buy a share of stock at time T if the call is exercised.

A failure to disclose a fact does not fit this misrepresentation in common law, unless there is a fiduciary duty between the thief and victim.

In the case Stambovsky v. Ackley, the Supreme Court of New York, Appellate Division ruled in 1991 that a seller must disclose that a house has a reputation for being haunted when there is a fiduciary relationship or in cases of fraud or misrepresentation ,< ref >

Airing of a client's or past client's dirty laundry is viewed as a breach of fiduciary responsibilities.

The Secretary of State's Office said an official is required to report ownership or a fiduciary position in a company.

The Governing Board is made up of the Moderator, 4 Lay members and 4 Clergy members elected by General Conference, and is the legal corporate board of the denomination, handling responsibility for financial and fiduciary matters.

The real estate broker " broker " is obligated to provide fiduciary duties to whomever that broker services as client, this agency relationship can become very confusing ; if the broker is helping both the buyer and seller, this is called dual agency.

* Non-agency relationship: where no written agreement nor fiduciary relationship exists, a real estate broker ( and his agents ) works with a principal who is then known as the broker's customer.

The Transaction Broker is not a fiduciary of any party, but must abide by law as well as professional and ethical standards.

* Defendants who are in a fiduciary relationship are expected to make even unreasonable efforts to identify where the relevant property has come from, but the ordinary defendant who finds property apparently abandoned on the street may not be dishonest if there are no serial numbers or marks that would help to identify the owner.

* Director or Member of the Board of Directors – high-level official with a fiduciary responsibility of overseeing the operation of a corporation and elects or removes officers of a corporation ; nominally, Directors, other than the Chairman are usually not considered to be employees of the company per se, although they may receive compensation, often including benefits ; in publicly held companies.

Trades made by these types of insiders in the company's own stock, based on material non-public information, are considered to be fraudulent since the insiders are violating the fiduciary duty that they owe to the shareholders.

Spigelman CJ concurred, although he emphasized that the contractual character of the fiduciary relationship in question, and refrained from deciding on whether punitive damages would be available in respect of equitable wrongs more analogous to torts.

The WVU lawsuit alleged that the Big East Conference breached its fiduciary duty by allowing several football-playing members to depart, causing the conference to no longer be a major football conference and jeopardizing the conference's continued existence.

Most campus buildings are red brick and can be characterized as utilitarian, a fitting style for the land-grant university work ethic and standards of fiduciary prudence.

Images of the same subject produced with two different imaging systems may be correlated ( called image registration ) by placing a fiduciary marker in the area imaged by both systems.

In Guerin v. The Queen, a Supreme Court of Canada decision on aboriginal rights, the Court stated that the government has a fiduciary duty toward the First Nations of Canada and established aboriginal title to be a sui generis right.

The Instrument may be considered the statutes and by-laws of the GEF, and contains provisions for the governance, participation, replenishment, and fiduciary and administrative operations of the GEF.

Trustees are generally held to a " prudent person " standard in regard to meeting their fiduciary responsibilities, though investment, legal, and other professionals can be held to a higher standard commensurate with their higher expertise.

Corporative federalism, not to be confused with the ' cooperative federalism ' of the ( U. S .' s 1933-1936 ) New Deal, is a system of federalism not based on the common federalist idea of relative land area or nearest spheres of influence for governance, but on fiduciary jurisdiction to corporate personhood, where groups who are considered incorporated members of their own prerogative structure by willed agreement can delegate their individual effective legislature within the overall government.

At issue here is the belief that lending is a commodity and that the lending community has an almost fiduciary duty to advise the borrower that funds can be obtained more cheaply.

The investor relations function must be aware of current and upcoming issues that an organization or issuer may face, particularly those that relate to fiduciary duty and organizational impact.

It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where his fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from his fiduciary position without knowledge and consent.

The calculation of profits in this sense can be extremely difficult, because profit due to fiduciary position must be separated from profit due to the fiduciary's own effort and ingenuity.

Typically, a fiduciary prudently takes care of money for another person.

In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance and trust in another whose aid, advice or protection is sought in some matter.

A person in a sensitive position sometimes protects himself from possible conflict of interest charges by setting up a blind trust, placing his financial affairs in the hands of a fiduciary and giving up all right to know about or intervene in their handling.

Many jurisdictions and the Uniform Probate Code distinguish between a " guardian " or " guardian of the person " who is an individual with authority over and fiduciary responsibilities for the physical person of the ward, and a " conservator " or " guardian of the property " of a ward who has authority over and fiduciary responsibilities for significant property ( often an inheritance or personal injury settlement ) belonging to the ward.

However, the Supreme Court rejected the strongest version of that theory in Chiarella v. United States, holding a person with no fiduciary duty to the shareholders had no duty to disclose information before trading on it.

In law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets ( a fiduciary duty ).

* Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information ;

The investigation by the FBI, which cleared Barker ’ s bank of fiduciary malfeasance, led to the direct implication of members of the CRP, to whom the checks had been delivered.

Non-profit governance focuses primarily on the fiduciary responsibility that a board of trustees ( sometimes called directors — the terms are interchangeable ) has with respect to the exercise of authority over the explicit public trust that is understood to exist between the mission of an organization and those whom the organization serves.

The offences are serious and display an appalling lack of commercial morality … Directors are not appointed to advance their own interests but to manage the company for the benefit of its shareholders to whom they owe fiduciary duties … They were not stupid errors of judgement but deliberate lies, criminal and in breach of his fiduciary duties to HIH as a director.