Fiduciary

financial performance and responsibility. As such, without express KPIs being articulated, it would be difficult to evaluate the success of the plan implementation process (Lipsky & Smith, 1989). Moreover, although the plan expresses broadly the fiduciary responsibilities of the management, volunteers, partners and other pertinent stakeholders, not specific figures are provided as financial targets for the organization. As such, the originators of the plan should articulate succinctly how much…

Introduction Canada has a child welfare system that is comprised of children’s aid society’s put in place by provincial and territorial governments to provide services that supplement parental care and supervision. Every child should grow up under the care of a loving family, but that is not always possible. Failure of family support and care leaves children vulnerable to abuse, neglect, and juvenile delinquency. Poverty is the fundamental issue which creates the need for well-funded and…

In forming a limited liability partnership, each partner owes the other partners, as well as the partnership itself, a high level of loyalty, actions of good faith, and fair dealing. Under this duty, each partner will share in all the profits and losses earned by the partnership and no income shall be withheld by any partner. If Edie Fercano wishes to establish a limited liability partnership, but maintain a certain client outside of the partnership interest, she should have specific clauses…

With the increasing health care costs, there is a need to balance and improve the patients’ clinical needs and health care facilities’ fiscal sustainability (Allen & Spitzer, 2015). To accomplish this, the nursing leader’s first priority is to determine the patients’ health care needs and values (Dunham_Taylor & Pinczuk, 2015), taking into consideration the value for the dollar in terms of ethics, relevance of services, quality and patient safety (Curtin, 2000). This must be balanced with…

In the Roman period there might have been people who fall under no potestas, however owning personal property. Due to reason of age or sex or for the matter that they might have heredes they required special protection for a third person. This form of protection could only be given by what is referred to as tutela. However Roman law knew two kinds of guardianship distinguished as tutelar and curate ( sometimes also referred to as cura ). 2. Tutorship Tutelage is, as Sulpicius Servius consul…

Section I – Introduction The following information comprises the Investment Policy Statement of Danielle Owusu by Tiera Williams, Portfolio Manager. Danielle Owusu is a 21-year-old Human Development major from Roselle, New Jersey. While attending Howard University full time, Owusu works at Pete’s Coffee Shop. She is independent in Washington with no other family relations to support. Owusu, being an independent student, covers her financial needs through scholarships, loans, and jobs. However,…

In this situation the directors are the people who breached their duty of care as they should have known that, firstly they should not have used these carcinogenic chemicals for their production, as they should know that using such thinks would destroy their good will and would destroy their company. Then secondly when they thought of a strategic plan, they should have thought of the both positive and negative sides of the plan, that if this is not going to work out then what would be the…

unconstitutional authority within the Dodd-Frank back agencies such as the CFPB, the FSOC(Financial Stability Oversight Council) and the Whistleblower Bounty Program. Finally, President Trump wrote a letter to the secretary of Labor to delay the fiduciary act,…

According to the ERISA, “the three primary protections afforded employees with defined benefit plans are 1) funding, 2) vesting and 3) guarantee” (Gordon, 2016). The impact of the Employee Retirement Income Security Act (ERIS) has had on the employer’s retirement plans, health insurance plans and other benefits plan is that it holds employers responsible to ensure good intent when it comes to the employee benefits. For example, the law should include a plan that is fair to all employees and…

given the discretion to select, from amongst a specified class of beneficiaries, who will benefit under the trust and often to what extent . Comparably, a fiduciary mere power enables trustees to act as they choose to do so, imposing no obligation or discretion, to distribute property . In Re Gulbenkian , Lord Upjohn stated to ratify a fiduciary mere power the “is or is not” test would apply. Likewise, Lord Wilberforce in McPhail v Doulton concurred with Lord Upjohn and declared that the “is…