Investment Governance Blog
A trustee’s duty to investigate conflicts of interest
Duty to Investigate: Section 2(d) of the UPIA directs, “A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets.” In response to this...
Duty re Liquidity or “What’s the Game Plan?”
Statutory Considerations: Section 2(c)(7) of the Uniform Prudent Investor Act directs that, “Among circumstances that a trustee shall consider in investing and managing trust assets are… needs for liquidity, regularity of income,...
A Trustee’s duty to monitor the risk within the trust portfolio
Duty to Establish Risk Expectations: Section 2(b) of the Uniform Prudent Investor Act directs that “A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in...
A trustee’s duty to establish return objectives or “Don’t be a lemming”
Duty to Establish a Target Return: Section 2(b) of the Uniform Prudent Investor Act directs, “A trustee's investment and management decisions… must be evaluated… as a part of an overall...
Trustee’s duty to develop an administrative plan or “If you don’t know where you are going you might end up somewhere else.”
Duty to Develop a Plan: Section 2(a) of the UPIA directs, “A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution...
Duty to Prudently Administer or “Check, check, double check, recheck” (1 of 12)
Duty of Prudence: Section 2(a) of the Uniform Prudent Investor Act directs, "A trustee shall administer the trust as a prudent person would…" But how is one to know how...
It’s harder to be a trustee than to go down steps on a pogo stick
The Problem: You are a trustee. You said "Yes" when a family member, close friend, or client asked you if you would serve as their successor trustee. Now, the settlor...
