Fiduciary Duties Under the Commodity Exchange Act PDF Download
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Author: Jerry W. Markham
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Much commentary has been directed to the role of fiduciary duties in commercial contexts, particularly under corporate and federal securities laws. An important area of commerce that has not attracted comparable attention is the trading of commodity futures contracts. This is unfortunate. As evidenced by such events as the Stock Market Crash of 1987, the futures industry plays an important role in the economy and is becoming critical to the efficient operation of the securities markets. Moreover, recent judicial and administrative decisions have left the law of fiduciary duties in the futures industry in an uncertain and confusing condition. This too is unfortunate, as well as unfair, to market participants. This Article reviews the nature and background of the fiduciary duty concept, focusing on its traditional application under the law of trusts and its expansion into other fields. The Article examines the important economic role being played by the futures markets. It then explores the nature of the participants in those markets as a prelude to an analysis of their need for the protective umbrella of fiduciary duties. The Article also reviews governmental efforts to impose fiduciary duties on the futures industry and the less than enthusiastic reception of the courts to those efforts. Finally, the Article proposes the abandonment of further attempts at applying across-the-board fiduciary duties in the futures industry. To date, those duties have been so amorphous and uncertain in nature as to be of little benefit to those supposedly being protected. The uncertainty of their scope has also placed an unnecessary burden on commodity professionals charged with such duties. The Article advocates that specific rules be promulgated to impose certain, special duties on commodity professionals in order to benefit the limited class of customers who need such protection.
Author: Jerry W. Markham
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Much commentary has been directed to the role of fiduciary duties in commercial contexts, particularly under corporate and federal securities laws. An important area of commerce that has not attracted comparable attention is the trading of commodity futures contracts. This is unfortunate. As evidenced by such events as the Stock Market Crash of 1987, the futures industry plays an important role in the economy and is becoming critical to the efficient operation of the securities markets. Moreover, recent judicial and administrative decisions have left the law of fiduciary duties in the futures industry in an uncertain and confusing condition. This too is unfortunate, as well as unfair, to market participants. This Article reviews the nature and background of the fiduciary duty concept, focusing on its traditional application under the law of trusts and its expansion into other fields. The Article examines the important economic role being played by the futures markets. It then explores the nature of the participants in those markets as a prelude to an analysis of their need for the protective umbrella of fiduciary duties. The Article also reviews governmental efforts to impose fiduciary duties on the futures industry and the less than enthusiastic reception of the courts to those efforts. Finally, the Article proposes the abandonment of further attempts at applying across-the-board fiduciary duties in the futures industry. To date, those duties have been so amorphous and uncertain in nature as to be of little benefit to those supposedly being protected. The uncertainty of their scope has also placed an unnecessary burden on commodity professionals charged with such duties. The Article advocates that specific rules be promulgated to impose certain, special duties on commodity professionals in order to benefit the limited class of customers who need such protection.
Author: Christian D. Rahaim
Publisher: iUniverse
ISBN: 0595344291
Category : Business & Economics
Languages : en
Pages : 381
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Book Description
For any company or person considering or currently serving in the capacity of an ERISA (Employee Retirement Income Security Act) fiduciary, author Christian D. Rahaim's The Fiduciary: An In-depth Guide to Fiduciary Duties--From Studebaker to Enron, is an invaluable resource. The Fiduciary contains essential material--from the evolution of the fiduciary concept to its adaptation in ERISA and its continued evolution in the workplace. The clear and concise chapters build the framework for the reader to develop an understanding of the content, operations, and issues with the fiduciary obligation, such as: - An overview of pension plans - Responsibilities of a fiduciary - Investment management for defined contribution and benefit plans - Plan fees and expenses - Administration and compliance Christian Rahaim relies on more than twelve years of human resource management experience to guide employers through the processes related to employee benefits and fiduciary responsibilities. Citing the classic example of the Studebaker Corporation and the high-profile debacle of Enron, he details major factors that should be considered in fiduciary roles. The Fiduciary is an employers' guide for updated information on the increasingly controversial, legislated, and litigated topic of employee benefit plans.
Author: United States. Congress. Senate. Committee on Agriculture, Nutrition, and Forestry
Publisher:
ISBN:
Category : Commodity exchanges
Languages : en
Pages : 188
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Book Description
Author: Evan J. Criddle
Publisher: Oxford Handbooks
ISBN: 0190634103
Category : Law
Languages : en
Pages : 1028
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Book Description
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Author: Douglas Fee
Publisher:
ISBN:
Category : Agriculture, Cooperative
Languages : en
Pages : 52
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Book Description
Author: Philip McBride Johnson
Publisher: Wolters Kluwer
ISBN: 0735533369
Category : Business & Economics
Languages : en
Pages : 663
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Book Description
For over a quarter century, Commodities Regulation has been recognized as the resource covering the derivatives marketplace. Today, Derivatives Regulation builds on that expertise, delivering the coverage professionals and practitioners need in order to stay current with this changing topic. Derivatives Regulation comprehensively covers the Commodity Exchange Act along with all other relevant aspects of the regulation of securities that have an impact on the derivatives markets. Derivatives Regulation is completely updated to cover the full range of emerging regulatory, reporting, and legal issues surrounding derivatives and related instruments, including: Distinguishing between regulated and unregulated derivatives�and knowing which rules to apply The significant roles of the SEC and the federal laws in regulating derivatives Meeting standards for exemption or other relief The workings of the derivatives markets and the rules applicable to trading Registration, reporting, and disclosure requirements applicable to commodities professionals Criteria for publicly traded futures and commodity options Rules governing unprofessional conduct, including the antifraud and anti-manipulation prohibitions Customer protections, the CFTC�s reparations program, arbitration programs, and private rights of action in the courts
Author: Arthur B. Laby
Publisher:
ISBN: 110848512X
Category : Business & Economics
Languages : en
Pages : 375
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Book Description
Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.
Author: Tamar Frankel
Publisher:
ISBN: 019539156X
Category : Law
Languages : en
Pages : 334
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Book Description
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.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 110
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Book Description
Author: Leonardo Martinez-Diaz
Publisher: U.S. Commodity Futures Trading Commission
ISBN: 057874841X
Category : Science
Languages : en
Pages : 196
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Book Description
This publication serves as a roadmap for exploring and managing climate risk in the U.S. financial system. It is the first major climate publication by a U.S. financial regulator. The central message is that U.S. financial regulators must recognize that climate change poses serious emerging risks to the U.S. financial system, and they should move urgently and decisively to measure, understand, and address these risks. Achieving this goal calls for strengthening regulators’ capabilities, expertise, and data and tools to better monitor, analyze, and quantify climate risks. It calls for working closely with the private sector to ensure that financial institutions and market participants do the same. And it calls for policy and regulatory choices that are flexible, open-ended, and adaptable to new information about climate change and its risks, based on close and iterative dialogue with the private sector. At the same time, the financial community should not simply be reactive—it should provide solutions. Regulators should recognize that the financial system can itself be a catalyst for investments that accelerate economic resilience and the transition to a net-zero emissions economy. Financial innovations, in the form of new financial products, services, and technologies, can help the U.S. economy better manage climate risk and help channel more capital into technologies essential for the transition. https://doi.org/10.5281/zenodo.5247742
