Continuing Education for CPAs and Attorneys
Approved for CPE and MCLE credit from National Association of State Boards of Accountancy (NASBA), CalBar, and NYBar.
The Important Role of CPAs and Attorneys in the Administration of Irrevocable Trusts
Trustees can reduce their personal risk by creating a Compliance Library which demonstrates they have fulfilled each of their duties of care under the Prudent Investor Act. Developing this library evidences the trustee has acted prudently and in good faith, which is a prerequisite to qualifying for the exculpation clause of the state statute. This library consists of a set of documents that specifically address each of the trustee’s statutorily defined obligations.
An ERISA Trustee’s Duties of Care or “Why Size Doesn’t Matter”
So, you’re an overworked CFO, HR Director or other “C” level executive, and you are a member of the retirement plan investment committee… which means you are also an ERISA trustee. Few ERISA trustees signed up for this area of responsibility, and few have the training or time to become experts in the complex world of plan governance best practices. This lack of experience represents a risk to the plan sponsor, the participants and the trustees as well.
A Comparison of Ethical Duties under the ABA Model Code of Prof. Responsibility and UPIA (Ethics credit)
The relationship between an attorney and their client is a fiduciary one. Implicit within this relationship are duties of care which predate the Model Code of Professional Responsibility and finds their genesis in common law going as far back as the Roman law of trusts (Fedici Commission). The Uniform Prudent Investor Act shares this common ancestry. In this presentation we will compare and contrast these two ethical frameworks as they apply to the legal practitioner who also serves as a trustee.