Download Free Investment Professionals And Fiduciary Duties Book in PDF and EPUB Free Download. You can read online Investment Professionals And Fiduciary Duties and write the review.

For any company or person considering or currently serving in the capacity of an ERISA (Employee Retirement Income Security Act) fiduciary, author Christian D. Rahaim's The Fiduciary: An In-depth Guide to Fiduciary Duties--From Studebaker to Enron, is an invaluable resource. The Fiduciary contains essential material--from the evolution of the fiduciary concept to its adaptation in ERISA and its continued evolution in the workplace. The clear and concise chapters build the framework for the reader to develop an understanding of the content, operations, and issues with the fiduciary obligation, such as: - An overview of pension plans - Responsibilities of a fiduciary - Investment management for defined contribution and benefit plans - Plan fees and expenses - Administration and compliance Christian Rahaim relies on more than twelve years of human resource management experience to guide employers through the processes related to employee benefits and fiduciary responsibilities. Citing the classic example of the Studebaker Corporation and the high-profile debacle of Enron, he details major factors that should be considered in fiduciary roles. The Fiduciary is an employers' guide for updated information on the increasingly controversial, legislated, and litigated topic of employee benefit plans.
Governance is a word that is increasingly heard and read in modern times, be it corporate governance, global governance, or investment governance. Investment governance, the central concern of this modest volume, refers to the effective employment of resources—people, policies, processes, and systems—by an individual or governing body (the fiduciary or agent) seeking to fulfil their fiduciary duty to a principal (or beneficiary) in addressing an underlying investment challenge. Effective investment governance is an enabler of good stewardship, and for this reason it should, in our view, be of interest to all fiduciaries, no matter the size of the pool of assets or the nature of the beneficiaries. To emphasize the importance of effective investment governance and to demonstrate its flexibility across organization type, we consider our investment governance process within three contexts: defined contribution (DC) plans, defined benefit (DB) plans, and endowments and foundations (E&Fs). Since the financial crisis of 2007–2008, the financial sector’s place in the economy and its methods and ethics have (rightly, in many cases) been under scrutiny. Coupled with this theme, the task of investment governance is of increasing importance due to the sheer weight of money, the retirement savings gap, demographic trends, regulation and activism, and rising standards of behavior based on higher expectations from those fiduciaries serve. These trends are at the same time related and self-reinforcing. Having explored the why of investment governance, we dedicate the remainder of the book to the question of how to bring it to bear as an essential component of good fiduciary practice. At this point, the reader might expect investment professionals to launch into a discussion about an investment process focused on the best way to capture returns. We resist this temptation. Instead, we contend that achieving outcomes on behalf of beneficiaries is as much about managing risks as it is about capturing returns—and we mean “risks” broadly construed, not just fluctuations in asset values.
An indispensable resource for every financial service professionals developing an IPS The Investment Policy Statement (IPS) is one of the most critical documents fiduciaries must draft. For years, ERISA and other industry regulations have governed the guidelines all fiduciaries must comply with when drafting one. But the current climate of corporate scandal and the 2008 global banking crisis have led to increased scrutiny by regulators, prompting firms to take a closer look at the quality and integrity of their IPSs and to take steps to have a rigorous formal process in place for drafting them. Endorsed by the Foundation of Fiduciary Studies, this concise guide provides a rigorous framework and the expert insight, information and guidance you need to guarantee that your IPS is in complete compliance with all ERISA-directed requirements. Provides a step-by-step plan for creating a uniform IPS that every advisor in the office can follow Defines the duties and responsibilities of all parties involved, while clarifying diversification guidelines and providing methods for keeping costs under control Packed with ready-to-use templates, sample forms, letters and other documents, diagrams and other valuable tools, including sample Policy Statement downloadable at the companion website Designed to get you quickly up to speed on what you need to know to confidently serve your clients with the highest standards of care and protection
This Article provides the first sustained account of advice-giving as a fiduciary activity, and it demonstrates that the dominant approach to defining fiduciary relationships is flawed. Leading academic commentators assert that fiduciary relationships only arise when one party has discretion over the assets or affairs of another. Yet, many advisors -- such as lawyers, doctors, and investment professionals -- lack discretion over a principal's assets or affairs, but are nonetheless considered fiduciaries by the courts. The dominant academic view of fiduciary relationships is therefore incomplete because it does not account for purely advisory relationships. Drawing on the interdisciplinary literature on trust and the normativity of advice, the Article demonstrates that imposing a fiduciary duty on certain advisors is not only consistent with contemporary judicial practice, it is also normatively correct. In addition, the Article builds a framework for assessing which advisors should be subject to fiduciary responsibility. Not everyone who provides advice should be subject to fiduciary liability. Thus, the Article proposes factors to determine which advisors should be subject to fiduciary duties. The Article addresses a matter of widespread importance. Most people rely on fiduciary advisors to aid with critical decision-making. Yet, the dominant academic approach would wrongly denude these advisors of fiduciary responsibility merely because they lack discretionary authority over their clients' assets or affairs. This result would have adverse consequences for the advisory relationships on which most people rely.
In an economy that demands focused attention, 401k plan sponsors must concentrate on their business, not its employee benefits. Ironically, this same economic environment provides an ideal opportunity to create a retirement plan that can best help employees retire in comfort. Companies achieving this ideal will find it easier to hire quality employees. How can 401k plan sponsors balance these two opposing forces? The answer most likely lies not within the walls of the company, but in its ability to outsource certain key fiduciary duties to recognized leaders in the fiduciary service industry. 401(k) Fiduciary Solutions covers all 401k compliance issues in a single reference source. It is written for plan managers, sponsors and others with 401k plan fiduciary responsibilities. Smart plan participants may also find the book a helpful source for advice on how to actively monitor plan performance and regulatory compliance. 401(k) Fiduciary Solutions helps readers: - Learn the 5 areas of fiduciary liability. - See a benchmarking template on how to best measure your plan. - Read what issues experts and industry thought leaders say matter most. - Discover how to avoid hiring vendors with hidden conflicts-of-interest. - Recognize what academic research suggests will help employees making good decisions. - Find out what industry pros are doing to create better 401k plans. - Follow an easy-to-implement approach to develop effective plan education. 401(k) Fiduciary Solutions contains an exhaustive appendix filled with great resources and useful checklists. Here's What Others Are Saying About Christopher Carosa's 401(k) Fiduciary Solutions: "The collection of material Carosa has compiled in 401(k) Fiduciary Solutions is nothing short of extraordinary. He digs deeply into an expansive set of topics to extract the practical insights diligent fiduciaries can use on a daily basis as they work with their retirement plans." - Mike Alfred, Co-Founder & CEO BrightScope, Inc. "Chris provides a treasure trove of practical & invaluable information and insights for plan sponsors and financial advisors to 401K plans. If you wear either of these hats you MUST read this book." - Harold Evensky, CFP, AIF, President, Evensky & Katz "Carosa demonstrates a knack for cutting through the clutter of investment, administrative and regulatory issues plan sponsors face to uncover the essence of what the reader needs to know and points to great resources for more information." - Blaine F. Aikin, CEO, fi360 "What sets this book apart from others I've seen in this space is the thoroughness of Chris's research, the variety of experts interviewed, and the breadth and depth of the topics covered. The book flows seamlessly from expert to expert and topic to topic. If you are a plan sponsor or in any way provide service and advice to plan sponsors this is a must-have book for your library." - Roger Wohlner, Co-founder Retirement Fiduciary Advisors "Provocative yet conversational, Carosa's book will terrify plan fiduciaries before guiding them on a simple path out of the darkness." - Jan Sackley, Fraud Examiner, PI, Fiduciary Consultant Fiduciary Foresight, LLC "Candid and forthright, Mr. Carosa proves he writes what he knows. The pithy and concise narrative translates the technicalities of the 401k fiduciary area into a relatable expertise." - Jenny Ivy, Managing Editor BenefitsPro.com "To craft, as Chris has on a regular basis, information on a complex subject that is readable, timely, and instructive - as well as occasionally controversial - is a rare gift." - Nevin E. Adams, JD Director, Education and External Relations Employee Benefit Research Institute "Carosa's work is highly regarded in the retirement community. His new book should serve as an essential reference for any plan sponsor or advisor who aspires to a higher fiduciary standard." - Kerry Pechter, Editor & publisher Retirement Income Jo
Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law gives you the thorough regulatory guidance you need to understand the rules currently governing investment advisers while ensuring you keep pace with the tougher rules to come. This straightforward, easy-to-read compliance resource shows you how to file and update the pivotal Form ADV and draft compliant advisory contracts.
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.