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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.
Fast Facts
| 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 |
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... 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... read more
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