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单词 fiduciary
释义

Definition of fiduciary in English:

fiduciary

adjective fɪˈdjuːʃ(ə)ri
  • 1Law
    Involving trust, especially with regard to the relationship between a trustee and a beneficiary.

    the company has a fiduciary duty to shareholders
    Example sentencesExamples
    • I have found Chester's sons had at least constructive knowledge of Chester's breach of fiduciary duty/trust in respect of the 1981-1982 bonuses.
    • Nor, given the fiduciary duty of the Trustee, is there any reason to imply any such limitation.
    • In my view, the plaintiff has failed to establish a causal link between the defendant's breach of fiduciary duty and the plaintiff's past loss of income during the period claimed.
    • In the same way it may be worth mentioning and drawing a parallel to the retirement fund industry where they face similar problems of having to educate the Board of Trustees in fulfilling their fiduciary duties.
    • No prudent investor would overweight his or her portfolio in speculative stock, given that the funds belong to an Estate, to whom the investor owes a fiduciary duty.
    • The fiduciary relationship which subsists between solicitor and client comes to an end with the termination of the retainer.
    • Sale is a commercially adverse relationship; agency involves a fiduciary relationship of trust and confidence.
    • The categories of relationships giving rise to fiduciary duties are not closed.
    • This, perhaps, raises a semantic question which need not detain us, but it is certainly the case that the mere separation of the legal and beneficial ownership does not ipso facto create a fiduciary relationship.
    • In fact, U.S. law, unlike Ontario, adopts the view that majority shareholders have a fiduciary duty to minority shareholders; see Perlman v.
    • Trustees have a fiduciary duty to act in accordance with the trust deed and for the benefit of the beneficiaries.
    • Sponge does not actively mislead Maxwell, the parties are dealing at arm's length and are not, for example, in a fiduciary relationship where disclosure would be necessary.
    • In fact, this is a demanding standard, since the beneficiaries of the fiduciary duty must give their fully informed consent.
    • The power would have to be exercised in accordance with the terms and purposes of the trust, the trustees' duty of care and their fiduciary position as trustees.
    • Lord Haldane held that the fiduciary relationship between the parties imposed a duty on the solicitor.
    • The Defendants' fiduciary relationship only came into being in the course of the fraud and was incidental to the means by which the fraud was perpetrated.
    • However, before concluding that the Spill Trustee Council has violated its fiduciary duty as trustee, another explanation should be considered.
    • The duty arose from the fiduciary relationship of guardian and ward, as established by statute.
    • Curricular authority derives from two sources, the expertise of the faculty and the fiduciary duties of trustees, presidents, and key academic administrators.
    • If a representee does not elect to avoid a voidable contract, the representor is not a constructive trustee of property transferred under the contract, and no fiduciary relationship exists between him and the representee.
    1. 1.1archaic Held or given in trust.
      fiduciary estates
      Example sentencesExamples
      • The fiduciary estate is distinct from the fiduciary's personal wealth.
      • Drilling two new wells on the Fiduciary land can provide a short-term solution to the city's water problems.
  • 2Finance
    (of a paper currency) depending for its value on securities (as opposed to gold) or the reputation of the issuer.

    Example sentencesExamples
    • The later the crack-up comes, the longer the period in which the calculation of the entrepreneurs is misguided by the issue of additional fiduciary media.
    • Furthermore, this tendency is now strengthened by the decrease in the objective exchanged value of money following the increase of fiduciary media issued by the banking system.
    • However, even with the existence of a central bank that guarantees their solvency, it is not in the interest of the fractional reserve banks to issue fiduciary media as quickly as possible.
    • Only later did I also become convinced that fluctuations in general business condition were completely dependent on the relationship of the quantity of fiduciary media in circulation to demand.
    • A second contradiction is related to another limit on the circulation of fiduciary media mentioned by Wicksell, the limit set by the use of precious metals for industrial purposes.
    • Loss-making firms sustained through the issue of fiduciary media are artificial forms of life, consume accumulated savings, and impoverish society.
nounPlural fiduciaries fɪˈdjuːʃ(ə)ri
  • A trustee.

    Example sentencesExamples
    • This ensures that trustees and fiduciaries are financially disinterested in carrying out their duties.
    • Lawyers and trustees have statutory and other legal obligations but are still fiduciaries.
    • He distinguished duties, such as the duty of care, which, though owed by fiduciaries, are no different in principle than equivalent duties in common law.
    • In short, Judith claims that the Defendants breached their duties as fiduciaries regarding the deceased and/or breached their duty of care and acted in and with a conflict of interest.
    • In traditional language, fiduciaries must make full disclosure and obtain the informed consent of their beneficiaries to their acting inconsistently with their duties.
    • While this may be true, it is clear that our Courts have moved forward in expanding the law governing fiduciaries.
    • I do not accept that the plaintiffs appropriated a business opportunity from Biocan in starting their own company or that they were fiduciaries who owed a duty to the defendants.
    • Tracing orders and declarations of constructive trust are common restitutionary orders where defaulting fiduciaries are required to account to their beneficiaries to ensure that they cannot profit from their gains.
    • Equity, which imposed obligations on trustees and fiduciaries, was always a separate entity.
    • Executors or trustees are fiduciaries - agents legally responsible for managing property for the benefit of another individual or a group.
    • Everybody will feel the heat: the analysts, pension fund trustees, fiduciaries, life insurers, all of whom have embraced a patent absurdity in order to avoid confronting hard truths about the markets.
    • In making this determination, fiduciaries are required to take into consideration, among other things, the risk of loss and the opportunity for gain associated with the investment.
    • Plan fiduciaries must understand the fee structure of the plan and demand full disclosure of compensation received directly or indirectly by service providers.
    • It is entitled to compel the faithless fiduciaries to answer for their default according to their gain.
    • Mutual fund companies are fiduciaries, meaning their top priority is to fulfill their responsibilities to others, not satisfy their own needs.
    • They'll whine and scream and sue their fiduciaries.
    • And we're in federal court because we're going to challenge the way New York state courts appoint these fiduciaries and appoint people who make decisions about custody of children based upon a flawed process.
    • Because they would have to operate differently - as fiduciaries, not agents - and disclose much crucial information.
    • In this section we discuss two further equitable rules, which the courts have developed for fiduciaries and which they have applied to directors.
    • Responsibilities of investment fiduciaries have been brought to the forefront by recent misfeasance and malfeasance in the investment community.

Origin

Late 16th century (in the sense 'something inspiring trust; credentials'): from Latin fiduciarius, from fiducia 'trust', from fidere 'to trust'.

 
 

Definition of fiduciary in US English:

fiduciary

adjective
Law
  • 1Involving trust, especially with regard to the relationship between a trustee and a beneficiary.

    the company has a fiduciary duty to shareholders
    Example sentencesExamples
    • Sponge does not actively mislead Maxwell, the parties are dealing at arm's length and are not, for example, in a fiduciary relationship where disclosure would be necessary.
    • In the same way it may be worth mentioning and drawing a parallel to the retirement fund industry where they face similar problems of having to educate the Board of Trustees in fulfilling their fiduciary duties.
    • No prudent investor would overweight his or her portfolio in speculative stock, given that the funds belong to an Estate, to whom the investor owes a fiduciary duty.
    • Trustees have a fiduciary duty to act in accordance with the trust deed and for the benefit of the beneficiaries.
    • Sale is a commercially adverse relationship; agency involves a fiduciary relationship of trust and confidence.
    • In fact, U.S. law, unlike Ontario, adopts the view that majority shareholders have a fiduciary duty to minority shareholders; see Perlman v.
    • This, perhaps, raises a semantic question which need not detain us, but it is certainly the case that the mere separation of the legal and beneficial ownership does not ipso facto create a fiduciary relationship.
    • In my view, the plaintiff has failed to establish a causal link between the defendant's breach of fiduciary duty and the plaintiff's past loss of income during the period claimed.
    • Nor, given the fiduciary duty of the Trustee, is there any reason to imply any such limitation.
    • Curricular authority derives from two sources, the expertise of the faculty and the fiduciary duties of trustees, presidents, and key academic administrators.
    • I have found Chester's sons had at least constructive knowledge of Chester's breach of fiduciary duty/trust in respect of the 1981-1982 bonuses.
    • The power would have to be exercised in accordance with the terms and purposes of the trust, the trustees' duty of care and their fiduciary position as trustees.
    • If a representee does not elect to avoid a voidable contract, the representor is not a constructive trustee of property transferred under the contract, and no fiduciary relationship exists between him and the representee.
    • The duty arose from the fiduciary relationship of guardian and ward, as established by statute.
    • The categories of relationships giving rise to fiduciary duties are not closed.
    • However, before concluding that the Spill Trustee Council has violated its fiduciary duty as trustee, another explanation should be considered.
    • Lord Haldane held that the fiduciary relationship between the parties imposed a duty on the solicitor.
    • In fact, this is a demanding standard, since the beneficiaries of the fiduciary duty must give their fully informed consent.
    • The Defendants' fiduciary relationship only came into being in the course of the fraud and was incidental to the means by which the fraud was perpetrated.
    • The fiduciary relationship which subsists between solicitor and client comes to an end with the termination of the retainer.
    1. 1.1archaic Held or given in trust.
      fiduciary estates
      Example sentencesExamples
      • Drilling two new wells on the Fiduciary land can provide a short-term solution to the city's water problems.
      • The fiduciary estate is distinct from the fiduciary's personal wealth.
    2. 1.2Finance (of a paper currency) depending for its value on securities (as opposed to gold) or the reputation of the issuer.
      Example sentencesExamples
      • Loss-making firms sustained through the issue of fiduciary media are artificial forms of life, consume accumulated savings, and impoverish society.
      • Only later did I also become convinced that fluctuations in general business condition were completely dependent on the relationship of the quantity of fiduciary media in circulation to demand.
      • Furthermore, this tendency is now strengthened by the decrease in the objective exchanged value of money following the increase of fiduciary media issued by the banking system.
      • The later the crack-up comes, the longer the period in which the calculation of the entrepreneurs is misguided by the issue of additional fiduciary media.
      • A second contradiction is related to another limit on the circulation of fiduciary media mentioned by Wicksell, the limit set by the use of precious metals for industrial purposes.
      • However, even with the existence of a central bank that guarantees their solvency, it is not in the interest of the fractional reserve banks to issue fiduciary media as quickly as possible.
noun
  • A trustee.

    Example sentencesExamples
    • Everybody will feel the heat: the analysts, pension fund trustees, fiduciaries, life insurers, all of whom have embraced a patent absurdity in order to avoid confronting hard truths about the markets.
    • This ensures that trustees and fiduciaries are financially disinterested in carrying out their duties.
    • Lawyers and trustees have statutory and other legal obligations but are still fiduciaries.
    • He distinguished duties, such as the duty of care, which, though owed by fiduciaries, are no different in principle than equivalent duties in common law.
    • Executors or trustees are fiduciaries - agents legally responsible for managing property for the benefit of another individual or a group.
    • Mutual fund companies are fiduciaries, meaning their top priority is to fulfill their responsibilities to others, not satisfy their own needs.
    • In traditional language, fiduciaries must make full disclosure and obtain the informed consent of their beneficiaries to their acting inconsistently with their duties.
    • Tracing orders and declarations of constructive trust are common restitutionary orders where defaulting fiduciaries are required to account to their beneficiaries to ensure that they cannot profit from their gains.
    • I do not accept that the plaintiffs appropriated a business opportunity from Biocan in starting their own company or that they were fiduciaries who owed a duty to the defendants.
    • And we're in federal court because we're going to challenge the way New York state courts appoint these fiduciaries and appoint people who make decisions about custody of children based upon a flawed process.
    • Plan fiduciaries must understand the fee structure of the plan and demand full disclosure of compensation received directly or indirectly by service providers.
    • Because they would have to operate differently - as fiduciaries, not agents - and disclose much crucial information.
    • Responsibilities of investment fiduciaries have been brought to the forefront by recent misfeasance and malfeasance in the investment community.
    • Equity, which imposed obligations on trustees and fiduciaries, was always a separate entity.
    • They'll whine and scream and sue their fiduciaries.
    • In this section we discuss two further equitable rules, which the courts have developed for fiduciaries and which they have applied to directors.
    • In short, Judith claims that the Defendants breached their duties as fiduciaries regarding the deceased and/or breached their duty of care and acted in and with a conflict of interest.
    • In making this determination, fiduciaries are required to take into consideration, among other things, the risk of loss and the opportunity for gain associated with the investment.
    • While this may be true, it is clear that our Courts have moved forward in expanding the law governing fiduciaries.
    • It is entitled to compel the faithless fiduciaries to answer for their default according to their gain.

Origin

Late 16th century (in the sense ‘something inspiring trust; credentials’): from Latin fiduciarius, from fiducia ‘trust’, from fidere ‘to trust’.

 
 
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