Fiduciary Law and Responsible Investing

Fiduciary Law and Responsible Investing
Author: Benjamin J. Richardson
Publisher: Routledge
Total Pages: 347
Release: 2013-08-21
Genre: Law
ISBN: 1135941068

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This book is about fiduciary law’s influence on the financial economy’s environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of ‘nature’s trust’ to metaphorically signal how fiduciary responsibility should accommodate society’s dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature’s capital. We should expect everyone to act in nature’s trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.

Fiduciary Law and Responsible Investing

Fiduciary Law and Responsible Investing
Author: Benjamin J. Richardson
Publisher:
Total Pages: 0
Release: 2013
Genre: Financial institutions
ISBN: 9780415691369

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This book takes a broader look at the issues facing SRI & fiduciary duties. It evaluates how the fiduciary duties & some related legal rules governing financial institutions shape the prospects for socially responsible investment, & theorises how to reform this area to promote investment that supports sustainable development.

Company Law and Sustainability

Company Law and Sustainability
Author: Beate Sjåfjell
Publisher: Cambridge University Press
Total Pages: 373
Release: 2015-05-21
Genre: Business & Economics
ISBN: 1107043271

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This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.

The Fiduciary Duty of Institutional Investors Engaging in Socially Responsible Investing

The Fiduciary Duty of Institutional Investors Engaging in Socially Responsible Investing
Author: Alexandra Enion
Publisher:
Total Pages:
Release: 2016
Genre:
ISBN:

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In an increasingly more conscious world, firms are feeling more pressure from consumers and shareholders to engage in corporate social responsibility and sustainability measures. This increased awareness in firms' activities has driven demand for sustainable investing, also known as socially responsible investing. Despite this increased demand, many institutional investors are not engaging in SRI for their clients. Part of this discrepancy stems from institutional investors' misperception of their fiduciary duty. This thesis will seek to clarify the duty institutional investors have for their clients while highlighting that socially responsible investing does not contradict their fiduciary duty as is commonly believed. Additionally, this thesis will review extensive studies on socially responsible investing performance to demonstrate that socially responsible investing does not have to mean accepting diminished financial performance. Finally, this thesis will make predictions for expanding socially responsible investing in the United States.

Cambridge Handbook of Institutional Investment and Fiduciary Duty

Cambridge Handbook of Institutional Investment and Fiduciary Duty
Author: James P. Hawley
Publisher: Cambridge University Press
Total Pages: 512
Release: 2015-07-02
Genre: Business & Economics
ISBN: 9781107562080

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The Cambridge Handbook of Institutional Investment and Fiduciary Duty is a comprehensive reference work exploring recent changes and future trends in the principles that govern institutional investors and fiduciaries. A wide range of contributors offer new perspectives on dynamics that drive the current emphasis on short-term investment returns. Moreover, they analyze the forces at work in markets around the world which are bringing into sharper focus the systemic effects that investment practices have on the long-term stability of the economy and the interests of beneficiaries in financial, social and environmental sustainability. This volume provides a global and multi-faceted commentary on the evolving standards governing institutional investment, offering guidance for students, researchers and policy-makers interested in finance, governance and other aspects of the contemporary investment world. It also provides investment, business, financial media and legal professionals with the tools they need to better understand and respond to new financial market challenges of the twenty-first century.

The Next Generation of Responsible Investing

The Next Generation of Responsible Investing
Author: Tessa Hebb
Publisher: Springer Science & Business Media
Total Pages: 271
Release: 2011-11-09
Genre: Business & Economics
ISBN: 9400723482

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In the face of the recent financial crisis there is increased focus on long-term investment strategies. This is particularly true for institutional investors who manage our retirement savings. Simultaneously there is increased demand that financial assets be invested with an understanding of long-term environmental and social sustainability. Responsible investing provides a long-term sustainable investment strategy that values environmental, social and governance (ESG) factors in investment decision-making. Responsible Investing has always had a broad mandate. Put simply, it is a long-term sustainable investment strategy that seeks to reduce risk in investment portfolios through managing ESG issues in today’s corporations. The Next Generation of Responsible Investment explores this topic in an edited volume intended for those with an interest in finance and business.

The Oxford Handbook of Fiduciary Law

The Oxford Handbook of Fiduciary Law
Author: Evan J. Criddle
Publisher: Oxford University Press
Total Pages: 912
Release: 2019-04-29
Genre: Law
ISBN: 0190634111

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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.

Fiduciary Law

Fiduciary Law
Author: Tamar Frankel
Publisher:
Total Pages: 334
Release: 2011
Genre: Law
ISBN: 019539156X

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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 Fiduciary

The Fiduciary
Author: Christian D. Rahaim
Publisher: iUniverse
Total Pages: 381
Release: 2005
Genre: Business & Economics
ISBN: 0595344291

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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.

Cambridge Handbook of Institutional Investment and Fiduciary Duty

Cambridge Handbook of Institutional Investment and Fiduciary Duty
Author: James P. Hawley
Publisher: Cambridge University Press
Total Pages: 756
Release: 2014-04-10
Genre: Business & Economics
ISBN: 1139867741

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The Cambridge Handbook of Institutional Investment and Fiduciary Duty is a comprehensive reference work exploring recent changes and future trends in the principles that govern institutional investors and fiduciaries. A wide range of contributors offer new perspectives on the dynamics that drive the current emphasis on short-term investment returns. Moreover, they analyze the forces at work in markets around the world which are bringing into sharper focus the systemic effects that investment practices have on the long-term stability of the economy and the interests of beneficiaries in financial, social and environmental sustainability. This volume provides a global and multi-faceted commentary on the evolving standards governing institutional investment, offering guidance for students, researchers and policy-makers interested in finance, governance and other aspects of the contemporary investment world. It also provides investment, business, financial media and legal professionals with the tools they need to better understand and respond to the new financial market challenges of the twenty-first century.