Fund Governance: Legal Duties of Investment Company Directors PDF Download

Author: Robert A. Robertson
Publisher: Law Journal Press
ISBN: 9781588521026
Category : Investment advisors
Languages : en
Pages : 906

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Author: Federal Regulation of Securities Committee
Publisher: American Bar Association
ISBN: 9781590315101
Category : Business & Economics
Languages : en
Pages : 144

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Book Description
Written for directors of both open-end investment companies (typically referred to as mutual funds) and closed-end funds, this new Third Edition offers suggestions to assist directors in their roles and obligations. The new edition has been updated to reflect key legal developments that have emerged since the second edition appeared in 2003 including the impact of the Sarbanes-Oxley Act and initiatives undertaken by the SEC in response to the mutual funds scandals occurring in 2003 and 2004.

Author: Alfred Jaretzki
Publisher:
ISBN:
Category : Mutual funds
Languages : en
Pages : 24

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Book Description

Author: David M. Butowsky
Publisher:
ISBN:
Category : Directors of corporations
Languages : en
Pages : 402

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Author:
Publisher:
ISBN:
Category : Corporate governance
Languages : en
Pages : 188

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Book Description

Author: Marc J. Lane
Publisher: Wolters Kluwer
ISBN: 0735598088
Category : Law
Languages : en
Pages : 1484

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Book Description
As a result of numerous recent corporate and accounting scandals, corporate officers, directors, managers, and trustees now face a host of new problemsand—ranging from a blizzard of new legislation, rules, and responsibilitiesand—to increased SEC oversight, new NYSE and NASDAQ listing standards, new fiduciary and other duties, and crushing new criminal penalties. Representing Corporate Officers, Directors, Managers, and Trustees tells you what to look for...what to look out for...and what steps to take to protect your corporate clients in todayand’s harsh regulatory environment. Itand’s the only up-to-date work of its kind to offer both in-depth analysis and practical guidance on every key aspect of this critically important area. This completely updated Second Edition thoroughly covers: Directorsand’ duty of careand— including the different standards which have been imposed on directors regarding the duty of care...the duty of loyalty...the business judgment rule... when directors are entitled to rely on the advice of others...improperly influencing audits under the Sarbanes-Oxley Act... improper distributions...and more. Conflicts of interestand—with examples of conflict of interest transactions, and discussion of loans to or by directors and officers...secret profits...and the duty to safeguard confidential or inside informationand— plus, how certain transactions considered improper can be ratified and thus become legitimate. Federal securities lawsand—including everything from overviews of the laws, the SEC, and securities themselvesand— to jurisdiction, pleading, remedies, and defenses in securities cases... the new criminal penalties...and attorneysand’ responsibilities regarding liability under Sarbanes-Oxley. Indemnification and insuranceand— with discussion of mandatory and permissive indemnification and the scope of indemnification in various states... when a director may be indemnified even if not wholly successful in defense of anaction...directorsand’ and officersand’ liability insurance...types and extent of insurance coverage...tax law treatment...and exclusions. Tender offersand—including antitakeover measures, two-tier and squeeze-out mergers, and golden parachute agreements, poison pill plans, and greenmail...potential liability in tender offers...and implementing mergers and acquisitions, with securities law, antitrust, tax, accounting, and labor law considerations.

Author:
Publisher:
ISBN: 9781639054268
Category : Closed-end funds
Languages : en
Pages : 0

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Book Description
"[This Guidebook] is intended to assist directors of investment companies registered under the Investment Company Act of 1940 (the "1940 Act") in fulfilling their responsibilities. The Guidebook should be useful to directors of mutual funds, exchange-traded funds and closed-end funds." --

Author: United States. Securities and Exchange Commission. Division of Investment Management
Publisher: Securities and Exchange Commission
ISBN:
Category : Business & Economics
Languages : en
Pages : 580

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Book Description

Author: Michael E. Drew
Publisher: CFA Institute Research Foundation
ISBN: 1944960708
Category : Business & Economics
Languages : en
Pages : 190

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Book Description
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.

Author: Martin E. Lowy
Publisher: Wolters Kluwer
ISBN: 0735541035
Category : Law
Languages : en
Pages : 138

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Book Description
Corporate Governance for Public Company Directors takes readers step-by-step through the new regulatory requirements that now shape the role of the corporate director. Readers will find all of the information they need, including complete coverage of Sarbanes-Oxley Act, NYSE rules, and NASDAQ rules.