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" A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.[1] " A fiduciary duty is the highest standard of care at either equity or law. A fiduciary is expected to be extremely loyal to the person to whom they owe the duty (the "principal"): they must not put their personal interests before the duty, and must not profit from their position as a fiduciary, unless the principal consents. The fiduciary relationship is highlighted by good faith, loyalty and trust, and the word itself originally comes from the Latin fides, meaning faith, and fiducia. When a fiduciary duty is imposed, equity requires a stricter standard of behavior than the comparable tortious duty of care at common law. It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where their fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from their fiduciary position without express knowledge and consent. A fiduciary cannot have a conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd"[2] and that "[t]he distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty."[3]
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∙ 15y ago
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Is an insurance company a a fiduciary agent?
Yes.
What is a fiduciary account?
fiduciary account -- a savings account, the funds of which are owned by one individual but administered for that individual's benefit by another individual, such as a legally appointed conservator, trustee, or agent.
What is an agent fiduciary capacity?
To sell variable life insurance policy polices, agent must recieved
What are the duties of a real estate agent?
When an agent is hired to represent his/her client an agency relationship is formed whereby the agent owes the client fiduciary duties, that include, loyalty, obedience and confidentiality.
Duties of an agent to his principal?
An agent owes fiduciary duties of loyalty, good faith, and fair dealing. An agent has to always prioritize the best interests of the principal, and must never act beyond his/her authority.
Who does a Real estate agent represent?
either the buyer or seller of a property There are several types of representation that a real estate agent may be hired to perform. The agent can be retained in a single agency representation to represent the seller or as a buyer-agent representing the buyer. Single agency results in a fiduciary relationship to either the buyer or seller, but not both. Dual agency is where the real estate agent owes a fiduciary relationship to both parties and is not permitted in many states. A real estate agent can also be retained to provide what is called transaction brokerage whereby they do not represent either the buyer or the seller but instead performs services to facilitate the transaction and would be bound to treat both parties fairly but does not owe a fiduciary relationship to either. When retaining the services of a real estate agent inquire as to the nature of their representation and who they in fact represent. Keep in mind that as their representation of a particular party to the transaction evolves, the representation obligations and fiduciary duties may change. It is obligation of the real estate agent to disclose in establishing a relationship and also if and when it changes during the transaction.
Where can one find Breach of Fiduciary Duty online?
Hamilton firm provides information online about Breach of Fiduciary Duty. There is also information regarding Fiduciary on Wikipedia. The probate will also be useful.
Can one sue a fiduciary?
Yes. A fiduciary can be sued. You should consult with an attorney who specializes in litigation who can review your situation and the reason you think the fiduciary has violated their office. That is the only way you will know if you have a plausible cause of action.
What part of speech is fiduciary?
It is an adjective or a noun. A fiduciary (noun) is a person who acts in a fiduciary (adjective) capacity.
Is a fiduciary account and an estate account the same?
A fiduciary is one who owes a duty of good faith, trust, confidence and a high standard of care in managing the property and money of another. An executor or administrator of an estate is a fiduciary. Therefore an estate account is also called a fiduciary account. The short answer to your question is yes.
To whom does the listing broker owe direct fiduciary responsibility?
The listing broker is contracted to the seller, is an agent of the seller and owes fiduciuary responsibility to the seller.
Who is duly appointed fiduciary for the estate?
The person appointed by the probate court is the "duly appointed fiduciary". No one has the authority to settle an estate until they have been duly appointed by the probate court.
