What is the scope of fiduciary duties in business transactions?
Fiduciary duties are a set of obligations that arise between two parties when one party has a position of trust over another. In California, business transactions are subject to fiduciary duties which means that certain duties are imposed on individuals that handle a person’s or entity’s money or property on their behalf. In business transactions, the fiduciary duty of loyalty requires the fiduciary to act in the best interests of the other party. This means that the fiduciary should not take advantage of their position and should avoid conflicts of interest. Further, the fiduciary must not benefit personally from the transaction in any way. The fiduciary also has a duty of care, meaning they have a responsibility to be prudent in managing the other party’s money and property. This includes investing the funds wisely, keeping accurate records, and informing the other party of any potential risks or conflicts of interest. Finally, the fiduciary has a duty of disclosure. This means they must disclose any material information about the risk or potential of the transaction. They must also disclose any facts that may affect the other party’s decision to enter into the agreement. In summary, fiduciary duties are critical when it comes to business transactions in California. They ensure that the fiduciary is acting in the best interests of the other party and is not engaging in any conflicts of interest. They also require the fiduciary to be prudent in managing funds, and to disclose any material information that may affect the transaction.
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