Essays on Fiduciary

Abstract

One cannot underestimate the importance of business ethics today, which is a set of regulations, policies, and practices that determine company's behavior regarding such controversial issues as bribery, insider trading, discrimination, corporate governance, corporate social responsibility and fiduciary responsibilities (Business ethics, 2009). This essay illustrates the correlation of business ethics and shaping of the public image of the company, attracting new investors and establishing long-term and reliable partnerships. Thus, ethical behavior is evident in the proper treatment of all stakeholders, including employees and customers, respect to the environment and fair market policies (Horton, 2015). The examples reflect the idea ...

Introduction

In the world of commerce, most individuals and organizations act on the basis of delegation. And delegation of authority leads to the formulation of an agency relationship. The agency theory is based on the view that a principal vests power in an agent to represent the principal in certain situations specified in the agreement. This creates a fiduciary relationship and the agent will have to act in the best interest of the principal. Fiduciary relationships mean an agent must act in the best interest of the principal. This include the provision of some parameters within which the agent can ...

In any event, a contract has implied and express terms. Express terms are easy to decipher, and they constitute the substantive part of the contract. Often, contracts impute binding obligations to the parties and violation of any term attracts liability. Implied terms of a contract operate in the underground. In an event of a claim of infringement, the court has to analyze both express and implied terms of the contract. Often, courts allocate liability depending on what term of the contract is in violation. In a practical scenario, some terms are more relevant than others. In the past, courts ...

Abstract

The current discussion is aimed at the dissection of ethics, corporate social responsibility and sustainability of British Petroleum (BP) by taking the case of Gulf of Mexico Oil Spill in to consideration. By commencing the discussion with an overview of the externalities present in the oil industry, the pressures on oil companies are examined which is further evaluated through the application of stakeholder theory and the theory of utilitarianism. In the case of BP, it is revealed that the resort to CSR was primarily a reactive measure to correct its tainted brand image and save it from reputational risks. ...

Affiliated Institution

I understand Fiduciary responsibility as the responsibility that the management owes to the stakeholders of the organization in an ethical perspective. This refers to the duties of care that lead an organization’s management into objectivity rather than subjectivity in decision making. This implies that the management has to always be trustworthy, unselfish, and honest in the undertaking of their responsibility in the organization. However, they are often subjected to the differences in the requirements and demands of the stakeholders of the organizations they manage. In my view, Fiduciary Leadership is subjected to the pressures of the different groups ...

Question 1: Hierarchy of Courts in Australia

Question 2: Conveyancing Acts Conveyancing Act of 1994 The Land and Business (Sale and Conveyancing) Act provides for the legal procedures and requirements that vendors and purchasers of land and property must follow. These include the registration and verification of titles to land and property and the role of agents in the land transaction process. It also deals with auctions, special requirements as to sales representatives and rights of parties to a land transaction.

Land Titles Act 194

This piece of legislation provides for the legal requirements for dealing in and holding of freehold land, the powers of the land Registrar, and use ...

INTRODUCTION

Martha Stewart was indicated for Securities Fraud. However, she was acquitted of the charges, but instead found guilty of obstruction of justice and making false statements. As a result of the finding of guilt, she served five months in federal prison. There are many opinions concerning the evidence presented in the case against Martha Stewart for violation of the Securities Act. Some legal scholars claim that she was guilty of insider trading while others claim the court properly found the evidence lacking and her actions not in violation of the securities law. Presented in this paper are two scholarly ...

I. Introduction: Estate Planning As the saying goes, nothing is more certain in life than death. As many lawyers are trained, if you know that an event will happen, it is best to prepare for that event in order to put yourself in the best possible situation to take advantage of circumstances when the event occurs. The law’s response to effectively preparing for the ultimate eventuality is known as estate planning. Estate planning, in essence, is the process and procedures performed by an individual to arrange for the transfer of their “estate” in anticipation of death or incapacity ( ...

Roles and Responsibilities of Directors in Corporations

All corporations must have a director. Private companies have one director while public companies have a minimum of two directors. The need for a director is widely justified by the fact that corporations act as artificial legal units which cannot function by themselves. In most instances, they require other people to act on their behalf. According to company law, directors play the important role of managing the company’s affairs on behalf of the owners (Baxt, 2016). According to section 250 CA 2006 of the Company Act, directors include individuals who occupy the director’s position in whatever name. ...

Corporate governance refers to a system in which companies in a given region are directed and controlled. It involves a set of relationships existing between the board, management, shareholders and any other stakeholders of the company. Corporate governance as well is instrumental in the provision of a structure of setting the objectives of a company, the means of attaining the set objectives and monitoring performance of the company. Corporate governance lies on four pillars which include accountability, transparency, fairness and responsibility (Sharar, 8). A corporate governance framework is necessary to safeguard the interest of the various stakeholders in any ...

Corporate governance refers to a system in which companies in a given region are directed and controlled. It involves a set of relationships existing between the board, management, shareholders and any other stakeholders of the company. Corporate governance as well is instrumental in the provision of a structure of setting the objectives of a company, the means of attaining the set objectives and monitoring performance of the company. Corporate governance lies on four pillars which include accountability, transparency, fairness and responsibility (Sharar, 8). The Qatar Financial Market Authority (QFMA) was established in 2009 (Sharar, 8). After its establishment, QFMA ...

A. Introduction

Toyota Motors Corporation (Toyota) is a ¥25.69 trillion (US$256.91 billion at ¥100.00:$1 exchange rate used in the 2014 annual report) automotive manufacturing enterprise (Toyota, 2014, p. 26) with four major market regions globally, namely: Japan (home), North America, Europe, Asia, and Other regions (see section C for details). Since 2010, it grew 35.57% from ¥18.95 trillion. Its return on equity has grown from 2.1% in 2010 to 13.7% in 2014, or 6.5 times. Moreover, its return on assets grew 6.7 times from 0.7% in 2010 to 4.7% in 2014. Toyota has one core product (automobiles) and core ...

Briefing Paper I: Critical Legal Thinking:

United States v. Bhagat: Case Questions: Question 1: Insider trading is the practice in which a person who knows of insider information within a publicity traded company either sells their stock prematurely that they know is going to fall or who tips off a client that the stock is going to plummet in which case, causes the client to sell early and have an unfair advantage in the market, (Cheesemann, 2013). The practice of insider trading is higher regulated by the SEC within the United States. Tipping is the practice of providing insider trading information to another person who ...

HIV screening is a procedure that many countries have adopted the world over in a bid to get the necessary statistics to ensure effective detection and treatment of the virus. However, Mandatory HIV screenings is a radical measure that raises various moral and legal questions with regard to the need to protect the society and the duty to respect individual rights. There are various moral arguments that are aimed at supporting mandatory HIV screenings including paternalism, prevention of vertical transmission, and facilitation of behavior change.

Prevention of Vertical Transmission of the Virus

Mandatory HIV screenings during prenatal care are essential because they help to prevent the ...

A. Introduction

Toyota Motors Corporation (Toyota) is a ¥25.69 trillion (US$256.91 billion at ¥100.00:$1 exchange rate used in the 2014 annual report) automotive manufacturing enterprise (Toyota, 2014, p. 26) with four major market regions globally, namely: Japan (home), North America, Europe, Asia, and Other regions (see section C for details). Since 2010, it grew 35.57% from ¥18.95 trillion. Its return on equity has grown from 2.1% in 2010 to 13.7% in 2014, or 6.5 times. Moreover, its return on assets grew 6.7 times from 0.7% in 2010 to 4.7% in 2014. Toyota has one core product (automobiles) and core ...

Introduction

In this strategic management module, it lays out on how to determine the strategic dilemma to form a corporate level strategy of an organization. Organizations with a strategic corporate level strategy tend to be more competitive and out perform their competitors in the market. As such, these organizations have clear path of how to position their business in the market and maintain certain advantage over their competitors. Furthermore corporate level strategy usually is in a 1 to 5 years horizon, it involves significant amount of resources and are not easily reversible. Therefore, it is important for an organization to ...

1.0 The Company and Its Products Royal Dutch Shell PLC (Shell) is a public limited company, founded in 1907 as the Royal Dutch/Shell Group and registered in England and Wales with headquarters in The Hague, the Netherlands (Shell, 2014a, p. 9). After it was renamed in 2005, Shell became the single parent company of two publicly-traded subsidiaries: the Royal Dutch Petroleum Company (RDPC) and The “Shell” Transport and Trading Company (TSTTC) (later renamed as The Shell Transport and Trading Company Limited). RDPC handles upstream and downstream production activities, while TSTTC handles transportation and trading. In the upstream segment, the ...

Ideally, a real estate agent denotes an individual having provincial or state license to act on behalf of a seller as well as a buyer in transactions of real estate in exchange for payments called commission. Real estate representatives execute functions such as guiding prospective buyers on existing homes and bargaining transactions for them. They always serve on a one hundred percent commission. The incomes of real estate agents rely on their capacity to locate property appropriate for buyers and bargaining transactions. The purpose of this literature is to discuss chronologically the responsibilities of real estate agent. A real ...

1.0 INTRODUCTION According to Ekelund (2014, p. 76-77), the franchisor-franchisee relationship is far more complex than the traditional supplier-retailer relationship. First, the franchisor retains the ownership of the brand or the trademark, which the traditional supplier did not over its products. Second, the relationship is subject to conflicts, directly arising from the independent power of the franchisor and the franchisee as well as the interdependence of both. These factors create a flash point in the relationship, which if not effectively managed can destroy the relationship and economically impact on each other as a consequence of the relationship. In this ...

The merger between the Bank of America and Merrill Lynch

Astute Diligence provides that there is a criterion followed before any acquisitions. Benchmarking of the performance of the company on sale is critical in that it provides the buyers with a background and stability of the shares they are about to purchase. Horizontal mergers may result in economies of scale as production is concentrated on fewer sites, labor, and capital used more intensively. It happens if companies that seek to merge are in the same line of production denoting that the business that buys will incorporate what it has been doing the acquired one. Other savings may arise from ...