Fiduciary

of a fiduciary relationship. The Court of Appeals in Hunter favorably cited the Terry case as an instructive example regarding the sufficiency of allegations: Terry [v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)] is instructive on the sufficiency of allegations. Terry involved a defendant who took advantage of his dying brother by inducing him to sell his portion of a business at an inadequate price. The complaint was sufficient because it described the family relationship, the business…

The Department’s Representative testified that the gross amount which is being reported to the Department is the amount which will be counted by the Department unless the Department of Veterans Affairs verifies another disbursement amount. The combination of the RSDI and the VA Compensation makes him over the income limit for MA benefits. At the time of the calculation the Department’s Representative testified to the Appellant receiving $3198.00 from the VA. The Department testified that the…

liable for the medical costs as they did not determine if the employer was acting as a fiduciary in advising Mrs. Bixler. They could not determine if the employer knew about all the circumstances surrounding Mr. Bixler’s death and advising Mrs. Bixler to return the COBRA notice to elect coverage would allow payment of medical bills. The definition of whether the employer was acting as the Bixler’s fiduciary in this case was left to the lower court to…

from the concept of separate legal personality in that the assets and liabilities of the company belong to the company and not to its shareholders and directors . 1.2 Directors owe fiduciary duties to the company and are empowered to manage the company in good faith. Whilst de jure directors automatically owe fiduciary duties to the company, the position of the shadow directors has been the subject matter…

When you accept professional advice on how to invest, save, and grow your hard-earned money, you have certain expectations from your financial advisor: expertise, professionalism, ethics, and independent, sound financial advice. If you're not working with a Fee-Only Financial Advisor, you may not be getting what you bargained for. Why? According to the Bureau of Labor Statistics, in 2008 there were over 208,000 financial advisors in the United States, with that number expected to rise to…

truthfulness and integrity as it may provoke ethical dilemma. I assure I will honor my fiduciary…

On April 5th, 2016 I attended the Harris County 215th Civil Courthouse located at 201 Caroline St, Houston, TX 77002. The civil court case was that of Elizabeth Cardona v. Melissa and Daisy Estrada. Cardona was the plaintiff whereas the Estrada sisters were the defendants. The civil court judge was Elaine Palmer. Cardona stated that the sisters approached her at her place of work in a clothing store in Deerbrook Mall and discussed a lucrative investment opportunity in the business promising her…

Yes. If the advice that was given was to intentionally deceive the client and it has been established that there is an attorney–client relationship, then a fiduciary relationship must have existed that the bad advice caused the client to suffer a financial loss. In this case, “the law imposes a more demanding obligation to disclose information than if he was conducting a transaction with a stranger (Edwards, 6th ed. 2016).” Other elements that represent intentional misrepresentation: • Defendant…

1. The information presented in this case study of the city’s financial statement in the MD&A appear to meet GASB standards. • The Government-wide Financial Statement presented meets the requirement of listing both the statement of net position and statement of net activities. • The MD&A represents the use of the economic resource measurement focus as well as the accrual basis of accounting. • The two types of activities, governmental and business are reported in separate columns as they should…

possession of relevant material, nonpublic information, in breach of fiduciary duty (U.S. SEC, 2013). In 2013, Hong Kong was struck with an astonishing insider trading case committed by Du Jun, the former Morgan Stanley managing director, who…