Home : Securities : Breach of Fiduciary Duty

Breach of Fiduciary Duty

Issue name: Breach of Fiduciary Duty
Applicable law/agency: Securities and Exchange Commission (SEC) and National Association of Securities Dealers (NASD)

Related topics: Securities, Misrepresentation/Omissions, Overconcentration/Failure to Diversify, Securities Unsuitability, Selling Away, Failure to Hedge, Churning
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Breach of Fiduciary Duty

"Fiduciary duties" are held by people legally responsible for handling the money of others; for example, brokers authorized to make investments for clients without first notifying them.  A fiduciary is generally held to a high standard of ethics in order to ensure clients' money is not mismanaged.  Breach of duty is not determined by the performance of investments.  Instead, actions of the fiduciary are scrutinized to ensure responsible investing practices were followed.  When determining if a broker bears legal responsibility for a client's loss, it must be determined if prudent advice was given, if the broker, in fact, was a fiduciary, and if actions taken were in the best interest of the client.

Stockbroker/Dealer or Registered Investment Advisor?

The Wall Street Journal’s recent article about the obligations of stockbrokers to their clients highlighted the differences in the definition of a stockbroker or dealer and a financial advisor. The most important regulatory differences relate to fiduciary duties. A stockbroker is required to register with the National Association of Securities Dealers (NASD) , while an investment advisor must be registered with the SEC. read more

Fiduciary Duty Means Following Prudent Investment Practices

The term "fiduciary" is inclusive of people who have the legal responsibility for managing someone else's money; this includes investment committees of retirement plans, trustees of private trusts and investment advisors. In general, a fiduciary must act for the benefit of the individual to whom they owe fiduciary duties, to the exclusion of any contrary interest. Among the legal duties commonly imposed on fiduciaries are duties of good faith and candor (a duty to disclose on a voluntary basis all material information). read more

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Breach of Fiduciary Duty Jury Verdicts

______ $45,000. Both defendants contributed to the settlement. - Insurance Insurance Agent - Fiduciary Duty - Contract - Workers' Compensation - Settlement

______ $18,000 Breakdown: $13,500 interest 4,500 attorney fees - Collection Life Insurance Policy - Interest - Breach Of Fiduciary Duty - Trusts & Estates

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Breach of Fiduciary Duty Videos

Information about Breach of Fiduciary Duty

Help for Those Who Have Lost Money Because of a Bad Broker

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Breach of Fiduciary Duty News Articles

Judge supports construction suit | BlueRidgeNow.com

LegalNewsline | Ark. SC reverses $3M verdict

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Breach of Fiduciary Duty Newsfeeds

Now hiring: General Electric

Law Office of Jonathan M. Stein, P.L., Investigates Possible Breach of Fiduciary Duty by the Board of RC2 Corporation

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Breach of Fiduciary Duty Useful Web Sites

Anapol Schwartz, Securities Fraud Attorneys

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Breach of Fiduciary Duty Wikipedia

Fiduciary

Breach of duty in English law

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