Questions tagged [fiduciary-duties]
The fiduciary-duties tag has no usage guidance.
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To whom does the owner of 100% of the shares of a company owe a fiduciary duty to?
According to this youtube video by Patrick Boyle
Patrick Boyle there is a lawsuit going on about a simpsons like bankruptcy. The allegation, as I understand it, is that Thai Foods, the 100% owner of ...
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Do directors at defense contractors have a fiduciary duty to promote instability and conflict?
In the TV series Fallout, a character mentions that executives of Vault-Tec, a company specializing in bunkers capable of surviving a nuclear blast, have fiduciary duties. Without giving away too much,...
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Is company under receivership in Washington State obligated to pay for use of occupied property before deciding to assume or reject lease?
Under Washington State law, it appears that companies under receivership have no hard and fast timeframe under which they are required to decide if they wish to assume or reject a lease executed ...
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Do Trump's lawyers have a fiduciary duty to delay the proceedings?
Trump is currently facing a variety of legal charges. If he is elected to the presidency and takes office, he could order the federal cases against him to be dropped. So it is against Trump's interest ...
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Do lawyers have to hold disputed funds in trust account pending litigation?
Alice sued Bob and won.
Bob filed an appeal and a motion/application for a stay of the payment he now owed to Alice pending the appeal.
The stay was declined. Alice's lawyer demanded payment into his ...
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Fictional fiduciary makes loan against stock
This question is about events in the SF novel Owner's Share by Nathan Lowell. The novel is set in the year 2373. Obviously there is no way to be sure what the law will be at that date, so I am asking ...
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Can a social security card be used/required as identification?
A FINRA-regulated institution is restricting my account on suspicion of identity theft and requiring that I give them a copy of my social security card which I of course don't have because what use ...
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Can you have a fiduciary duty to your own business?
If I am the sole member and manager of an LLC, do I have any fiduciary duty to the LLC? Would there be anything legally wrong with my intentionally wasting the company's money or doing something ...
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Does a NY divorce court have jurisdiction to rule on an action that involves the use of Supplemental Security Income funds?
An over 21 mentally challenged person who was certified to receive Supplemental Security Income (SSI) at the age of 18 elects a "Payee" who happens to be a parent. For several years the ...
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Can the board of a NH non-profit deny a stockholder a hearing before terminating their membership?
Our board would like to eject a troublesome individual from our club. The individual has requested a formal hearing but, frankly, we're not really inclined to waste our time that way. However, club ...
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Can fiduciary standards of care, prudence and loyalty be imposed on the POTUS?
My question is broad here, not just current law, but is it even permissible under the constitution?
Could congress pass a law setting a fiduciary standard of care in some fiscal matters, and enforce ...
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The court does, but does your attorney have any duty to assume you are truthful for the sake of a problem spotting?
When a complaint is first filed, per case law, courts have a duty to assume each allegation you make on information and belief as long as they are each not contradicting any other statement or other ...
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Does a fiduciary have the same or different standard of care toward a "remainderman" as an income beneficiary?
One of my friends is the "remainder(wo)man" of a trust that was worth $1.5 million at the end of 2008 (the last bear market year), and invested in a 60-40 mix of stocks and bonds. Since then,...
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Laws About Contributions from Business You Own to 501c(3) You Founded/Work At
I have a US LLC I own, and am interested in beginning a charitable non-profit organization, to operate as a 501 3 (c) that would operate in a tangentially related area. When there is similar overlap ...
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Can a plaintiff in a fiduciary breach of trust sue a particular director instead of the company?
I heard this story from Peter (not actual name):
Peter co-founded a company with John.
John earns 80% of shares while Peter owns 20% of shares.
John being greedy empties all company coffers ...