Tag Archives: Fiduciary Duties

PART I – A Director’s Fiduciary Duty to Question and Disclose Information?

PART I – 2013 Changes to the Iowa Business Corporation Act. This post is the first in a series of posts that will address several changes to the Iowa Business Corporation Act (Iowa Code Chapter 490) as approved by the … Continue reading

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Are Fiduciary Duties a “Default Rule” in LLCs?

In an incredibly detailed, 75 page opinion, the Delaware Court of Chancery confirmed that, at least in Delaware, “Default Fiduciary Duties Do Exist In The LLC Context.”  The full opinion, Auriga Capital Corp. v. Gatz Properties LLC, C.A. No. 4390-CS … Continue reading

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March 2012, Arizona Attorney – Fiduciary Duties in an Arizona LLC

The March 2012 Arizona Attorney contains a detailed article and analysis regarding the current status of fiduciary duties in Arizona LLCs.  The comprehensive article, authored by attorneys serving on a committee developing proposed changes for the Arizona LLC Act, can … Continue reading

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Fiduciary Duties in an LLC, do They Exist in Arizona?

The short answer is, it depends.  In Arizona, at the time of writing this post, fiduciary duties are not implied as a matter of law between members and/or managers and the LLC.  However, fiduciary duties may nonetheless exist if the … Continue reading

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Fiduciary Duties

The Who, What, When, Where, and Why of Fiduciary Duties in Small Businesses and Corporations. A Brief Introduction to a Broad, Complex, and Ever-Changing Duty. What is a fiduciary duty? A fiduciary duty is often regarded as the highest duty … Continue reading

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