In the wake of these and other events, however, it has become clear that the definition of governance has broadened and that awareness of risk has become a fiduciary obligation. 但是,一系列类似事件发生之后,很明显,管理职能的定义已经扩大,风险意识已成为董事会的本分。
A trust is a fiduciary relationship in which one person is the holder of the title to property subject to equitable obligation to keep or use the property for the benefit of another. 信托是一种信赖关系,拥有财产权的人负有为他人利益而管理或处分该财产的衡平法义务。
This Act shall not apply to breaches of trust or of other fiduciary obligation. 本法不适用于违背信托或者其他信义义务的情形。
The directors of a Company have a fiduciary obligation and a duty of due diligence. 公司董事负有诚信义务,应当勤勉尽责。
The mutual fund, as an important part of the securities market, is facing the same issue which is mainly demonstrated in the illegal interested party transaction against the fiduciary obligation of the fund manager or investment adviser. 作为证券市场重要组成部分的证券投资基金也同样面临相同问题,在这方面突出表现为基金管理人利用其所处的特殊地位,违反其诚信忠实义务而与利害关系人进行不法交易。
In fiduciary relationship, fiduciary owes obligation to another person who relies on and places confidence in him to act for the benefit of such another person and subordinates his own interest to the interest of such another person. 在信义关系中,受信人(fiduciary)对给予其依赖、信任的另一人负有为该另一人的利益行事,并让自己的利益服从于该另一人利益的义务。
Directors should bear the fiduciary obligation to contract creditors indirectly via the explanation of the "interest of company" in broad sense, and the joint liability of tort with the company per se to the tort creditors. 董事应通过公司利益的扩大解释,间接地对契约债权人承担信义义务,并与公司一道对侵权债权人承担连带的侵权责任。
The fiduciary obligation of securities fund manger is the most important part of the law of securities fund in every country because the duty of manager is the foundation to protect the interests of beneficiary. 投资基金管理人义务法律制度是基金投资者权益保障制度的根本所在,故世界各国均将基金管理人义务法律制度作为投资基金立法的重中之重。
Firstly, the author suggests that the law should clarify that controlling shareholders should afford fiduciary obligation, as well as restrain part of their rights and establish some specific obligations. 首先,笔者建议确立控制股东的诚信义务、对控制股东部分权利进行限制和确立部分具体义务,以及对其现有的责任体系进行完善。