Fiduciary Standards In Pension And Trust Fund Management

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Fiduciary Law

Author : Tamar Frankel
Publisher : Oxford University Press
Page : 334 pages
File Size : 50,8 Mb
Release : 2011
Category : Business & Economics
ISBN : 9780195391565

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Fiduciary Law by Tamar Frankel Pdf

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.

Investment Governance for Fiduciaries

Author : Michael E. Drew,Adam N. Walk
Publisher : CFA Institute Research Foundation
Page : 190 pages
File Size : 45,8 Mb
Release : 2019-04-22
Category : Business & Economics
ISBN : 9781944960704

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Investment Governance for Fiduciaries by Michael E. Drew,Adam N. Walk Pdf

Governance is a word that is increasingly heard and read in modern times, be it corporate governance, global governance, or investment governance. Investment governance, the central concern of this modest volume, refers to the effective employment of resources—people, policies, processes, and systems—by an individual or governing body (the fiduciary or agent) seeking to fulfil their fiduciary duty to a principal (or beneficiary) in addressing an underlying investment challenge. Effective investment governance is an enabler of good stewardship, and for this reason it should, in our view, be of interest to all fiduciaries, no matter the size of the pool of assets or the nature of the beneficiaries. To emphasize the importance of effective investment governance and to demonstrate its flexibility across organization type, we consider our investment governance process within three contexts: defined contribution (DC) plans, defined benefit (DB) plans, and endowments and foundations (E&Fs). Since the financial crisis of 2007–2008, the financial sector’s place in the economy and its methods and ethics have (rightly, in many cases) been under scrutiny. Coupled with this theme, the task of investment governance is of increasing importance due to the sheer weight of money, the retirement savings gap, demographic trends, regulation and activism, and rising standards of behavior based on higher expectations from those fiduciaries serve. These trends are at the same time related and self-reinforcing. Having explored the why of investment governance, we dedicate the remainder of the book to the question of how to bring it to bear as an essential component of good fiduciary practice. At this point, the reader might expect investment professionals to launch into a discussion about an investment process focused on the best way to capture returns. We resist this temptation. Instead, we contend that achieving outcomes on behalf of beneficiaries is as much about managing risks as it is about capturing returns—and we mean “risks” broadly construed, not just fluctuations in asset values.

Pension fund governance

Author : Michael Orszag, John Evans, John Piggott
Publisher : Edward Elgar Publishing
Page : 284 pages
File Size : 55,6 Mb
Release : 2008-06-30
Category : Business & Economics
ISBN : 9781781007662

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Pension fund governance by Michael Orszag, John Evans, John Piggott Pdf

'This collection of essays on a rapidly developing topic is a valuable addition to the field and the editors must be congratulated on beginning to bring the area to the attention of thinkers and government (not necessarily the same thing), who are charged with dealing with the challenge of controlling private pension provision.' - Robin Ellison, Pensions

Socially Responsible Investment

Author : Russell Sparkes
Publisher : John Wiley & Sons
Page : 422 pages
File Size : 53,6 Mb
Release : 2003-03-14
Category : Business & Economics
ISBN : 9780470856581

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Socially Responsible Investment by Russell Sparkes Pdf

Over recent years there has been rapid consumer-led growth in investing in socially responsible companies to the extent that it has had an influence on corporate policies. New regulations recognise the public interest by requiring all pension funds to declare their ethical policy. Investors can no longer just consider the financial aspects of a company before investing but also have to consider the complex world of ethical investments. Should the ethical policy take precedence over the financial aspects? Should policies be inclusive or exclusive? What percentage of a company's income has to come from unacceptable sources before the source is excluded? Should any exclusion policy also extend to those involved in selling or transporting goods deemed unacceptable? This is the first book to look at socially responsible investment from the perspective of the institutional investor, who will be led through the complex dilemmas of socially responsible investment with practical examples and advice.

Modern Investment Management and the Prudent Man Rule

Author : Bevis Longstreth
Publisher : Oxford University Press
Page : 292 pages
File Size : 54,7 Mb
Release : 1987-01-08
Category : Law
ISBN : 9780195364699

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Modern Investment Management and the Prudent Man Rule by Bevis Longstreth Pdf

In recent years the field of finance has exploded with innovation. New products, services and techniques abound. The risks of inflation, the volatility of interest rates, the deregulation of financial intermediaries and the unbundling of financial services have combined to present investment managers with challenges and opportunities far greater than in the past. For trustees and managers of pension, trust, endowment, and similar funds, the task of meeting the challenges and exploiting the opportunities is much more difficult. These fiduciaries must measure their investment decisions against constrained interpretations of a legal standard--the prudent man rule--that have caused it to lag far behind changes in investment theory and the marketplace. Drawing on financial history, a major opinion survey of institutional investors, and comprehensive reviews of the law and of the lessons of modern portfolio theory for prudence, this book presents a powerful case that the prudent man rule as elaborated in legal treatises and much of the case law would virtually compel a fiduciary to act imprudently in terms of financial theory and marketplace reality. In proposing a modern paradigm of investment prudence, the book uses illustrations drawn from such traditionally suspect categories of investment fiduciaries as securities lending, real estate, venture capital, options and futures and repurchaser agreements. An unusual examination of the interaction of the worlds of law and finance, this work will be of interest to fiduciaries who are subject to some from of prudent man rule and all others, including judges, lawyers and investment managers, who are called upon to interpret and apply that legal standard.

Governance and Fund Management in the Chinese Pension System

Author : Yu-Wei Hu,Gregorio Impavido,Xiaohong Li
Publisher : International Monetary Fund
Page : 52 pages
File Size : 50,7 Mb
Release : 2009-11-01
Category : Business & Economics
ISBN : 9781451873931

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Governance and Fund Management in the Chinese Pension System by Yu-Wei Hu,Gregorio Impavido,Xiaohong Li Pdf

The Chinese pension system is highly fragmented and decentralized, with governance standards, pension fund management practices, their regulation and supervision varying considerably both across the funded components of the Chinese pension system and across provinces. This paper describes the key components of the system, highlights the progress made to date and identifies remaining weaknesses, in regard to information disclosure, the governance framework and pension fund management standards.

Portability of Pension Benefits

Author : Elizabeth L. Meier
Publisher : Unknown
Page : 68 pages
File Size : 49,6 Mb
Release : 1981
Category : Old age pensions
ISBN : CORNELL:31924000132021

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Portability of Pension Benefits by Elizabeth L. Meier Pdf

The Comparative Law Yearbook of International Business

Author : Dennis Campbell
Publisher : Kluwer Law International B.V.
Page : 736 pages
File Size : 40,9 Mb
Release : 2010-12-22
Category : Law
ISBN : 9789041142634

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The Comparative Law Yearbook of International Business by Dennis Campbell Pdf

This edition of the Comparative Law Yearbook of International Business provides a general examination of issues vital to the world’s economic recovery. In the field of company law, practitioners examine changes in Russia’s corporate law and the new Ukrainian law governing joint-stock companies. In the area of competition law, lawyers review Serbia and Bulgaria’s new laws on the protection of competition and the private enforcement of Articles 101 and 102 in Europe’s national courts. Dispute resolution occupies two chapters, one dealing with best practices for drafting arbitration clauses and the other set aside, recognition, and enforcement of private commercial arbitration awards. A further two chapters treat employment and labor matters relating to distribution and commercial representation, indemnity upon termination, and processing personal data in the employment context of Hungary. In the area of financial services, practitioners from five jurisdictions deal with fiduciary duty, the European Commission’s proposed Directive on Alternative Investment Fund Managers, Swiss disclosure rules on significant shareholdings, restructuring and refinancing routes for mortgage-secured debt in Spain, and insurance laws and regulations in Nigeria. Foreign investment is examined by two authors, reporting on 2008 and 2009 developments in investment treaty disputes and foreign investment in Indonesia. Intellectual property issues are reviewed in chapters relating to the use of intellectual property as collateral in secured financing and intellectual property licensing in Canada. Finally, lawyers treaty a variety of other issues, including the tax law of Liechtenstein, European Union-Israel trade in the automobile sector, insolvency risk and creditors’ rights in Peru, the modernizing of trust law in Hong Kong and bridging cultural differences in international Transactions.

Shareholder Activism Handbook

Author : Jay W. Eisenhofer,Michael J. Barry
Publisher : Wolters Kluwer
Page : 1458 pages
File Size : 52,5 Mb
Release : 2005-01-01
Category : Corporate governance
ISBN : 9780735557000

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Shareholder Activism Handbook by Jay W. Eisenhofer,Michael J. Barry Pdf

Shareholder Activism Handbook is the single most comprehensive guide on all matters relating to enforcing shareholders' rights. As shareholder activism becomes a more integral part of investing, the law continues to respond accordingly. Legislators

Private Welfare and Pension Plan Legislation

Author : United States. Congress. House. Committee on Education and Labor. General Subcommittee on Labor
Publisher : Unknown
Page : 1054 pages
File Size : 41,6 Mb
Release : 1970
Category : Pension trusts
ISBN : LOC:00185466681

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Private Welfare and Pension Plan Legislation by United States. Congress. House. Committee on Education and Labor. General Subcommittee on Labor Pdf

A Primer for Investment Trustees

Author : Jeffery V. Bailey,Thomas M. Richards,Jesse L. Phillips
Publisher : Unknown
Page : 107 pages
File Size : 42,8 Mb
Release : 2011-01
Category : Investments
ISBN : 1934667331

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A Primer for Investment Trustees by Jeffery V. Bailey,Thomas M. Richards,Jesse L. Phillips Pdf

Portfolio Theory and Management

Author : H. Kent Baker,Greg Filbeck
Publisher : Oxford University Press
Page : 816 pages
File Size : 53,9 Mb
Release : 2013-01-07
Category : Business & Economics
ISBN : 9780199311408

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Portfolio Theory and Management by H. Kent Baker,Greg Filbeck Pdf

Portfolio management is an ongoing process of constructing portfolios that balances an investor's objectives with the portfolio manager's expectations about the future. This dynamic process provides the payoff for investors. Portfolio management evaluates individual assets or investments by their contribution to the risk and return of an investor's portfolio rather than in isolation. This is called the portfolio perspective. Thus, by constructing a diversified portfolio, a portfolio manager can reduce risk for a given level of expected return, compared to investing in an individual asset or security. According to modern portfolio theory (MPT), investors who do not follow a portfolio perspective bear risk that is not rewarded with greater expected return. Portfolio diversification works best when financial markets are operating normally compared to periods of market turmoil such as the 2007-2008 financial crisis. During periods of turmoil, correlations tend to increase thus reducing the benefits of diversification. Portfolio management today emerges as a dynamic process, which continues to evolve at a rapid pace. The purpose of Portfolio Theory and Management is to take readers from the foundations of portfolio management with the contributions of financial pioneers up to the latest trends emerging within the context of special topics. The book includes discussions of portfolio theory and management both before and after the 2007-2008 financial crisis. This volume provides a critical reflection of what worked and what did not work viewed from the perspective of the recent financial crisis. Further, the book is not restricted to the U.S. market but takes a more global focus by highlighting cross-country differences and practices. This 30-chapter book consists of seven sections. These chapters are: (1) portfolio theory and asset pricing, (2) the investment policy statement and fiduciary duties, (3) asset allocation and portfolio construction, (4) risk management, (V) portfolio execution, monitoring, and rebalancing, (6) evaluating and reporting portfolio performance, and (7) special topics.

The Money Flood

Author : Michael J. Clowes
Publisher : John Wiley & Sons
Page : 326 pages
File Size : 42,7 Mb
Release : 2000-06-13
Category : Business & Economics
ISBN : 9780471384830

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The Money Flood by Michael J. Clowes Pdf

Praise for Michael J. Clowes and the money flood "What a fine book! As an active participant in the revolution in pension investing, I could almost feel the times and tides of the past half-century shifting beneath me. Mike Clowes's splendid and articulate tour through the era is destined to become a landmark on the bookshelves of everyone interested in this illuminating history of the past, as well as its portents of the future."-John C. Bogle, founder, The Vanguard Group "The corporate pension fund ranks high among the spectacular financial innovations of the twentieth century. Mike Clowes has built a fascinating story about the impact of this flood of money on the theory and practice of investing, the financial markets, the labor force, corporate management, and the general economy. The far-reaching consequences of these changes make this authoritative and lively book must-reading for everyone."-Peter L. Bernstein, President, Peter L. Bernstein, Inc., author, Against the Gods: The Remarkable Story of Risk "The definitive history of the rise of pension fund capitalism in America."-Keith Ambachtsheer, President, KPA Advisory, author, Pension Fund Excellence: Creating Value for Shareholders "Beautifully written, broad in coverage of all the best parts of a great American story, Mike Clowes's new book gives us an easy-to-read and easy-to-enjoy explanation of who did what and when in the investment revolution of the past half-century."-Charles D. Ellis, Partner, Greenwich Associates, author, The Investor's Anthology: Original Ideas from the Industry's Greatest Minds

Governance and Investment of Public Pension Assets

Author : Sudhir Rajkumar,Mark C. Dorfman
Publisher : World Bank Publications
Page : 364 pages
File Size : 49,9 Mb
Release : 2011
Category : Social Science
ISBN : 9780821384701

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Governance and Investment of Public Pension Assets by Sudhir Rajkumar,Mark C. Dorfman Pdf

And key messages -- Key principles of governance and investment management -- Governance of public pension assets -- Governance structures and accountabilities -- Qualification, selection, and operation of governing bodies -- Operational policies and procedures -- Managing fiscal pressures in defined-benefit schemes -- Policy responses to turbulent financial markets -- Investment of public pension assets -- Defining the investment policy framework for public pension funds -- Managing risk for different cohorts in defined-contribution schemes -- An asset-liability approach to strategic asset allocation for pension funds -- In-house investment versus outsourcing to external investment managers -- International investments and managing the resulting currency risk -- Alternative asset classes and new investment themes.