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Showing posts from January, 2021
THE CONSERVATOR's FIDUCIARY DUTY ***This article was sent on July 2020 to the WSJ and NYT as an op-ed, but they refused to publish it.*** The recent decision of the Supreme Court to grant the petition of writ of certiorari to an Equity holder of Fannie Mae and Freddie Mac, is the perfect moment to bring up what has become known as the Holy Grail that gives answers to those that wonder why hugely profitable private corporations are still in Conservatorship almost 12 years later: the Fiduciary Duty: the duty or responsibility to act on behalf of someone else. It's comprised, in turn, for several duties and it's different if we are talking about a Conservator or a Trustee. - Duty of Loyalty : act in the best interests of the enterprises and thus, avoid self-dealing. The Trustee adds the duty to act in the best interests of the beneficiaries. - Duty of Prudence or Care : both a Conservator and a Trustee shall exercise that standard of care of a prudent person. The Conservator