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Breach of Fiduciary Duty: 101

Breach of Fiduciary Duty

What is a Fiduciary Duty?

A business owner has a legal obligation to act in the best interests of the company and its stakeholders. This legal obligation is known as a fiduciary duty, and it applies to all individuals who hold positions of trust and responsibility within a company. When a business owner fails to meet their fiduciary duty, they can be held liable for breach of fiduciary duty. A fiduciary duty is a legal concept that applies in various contexts. For example, directors of a corporation owe a fiduciary duty to the corporation and its shareholders, officers of a corporation owe a fiduciary duty to the corporation, partners owe a fiduciary duty to the partnership, and trustees owe a fiduciary duty to the trust beneficiaries. In each case, the fiduciary is expected to act with the utmost good faith, loyalty, and care towards the beneficiaries of the fiduciary relationship.

Types of Breach of Fiduciary Duty

Breaches of fiduciary duty can take many forms, including self-dealing, misuse of company assets, conflicts of interest, and mismanagement of company funds. When a fiduciary engages in any of these actions, they are not only putting their own interests ahead of the beneficiaries’, but are also potentially causing harm to the beneficiaries. In addition to the civil liability that can result from a breach of fiduciary duty, there may also be criminal penalties in some cases. For example, if a fiduciary embezzles funds or engages in fraud, they may be subject to criminal prosecution.

Remedies for Breach of Fiduciary Duty

The legal remedies for breach of fiduciary duty vary depending on the circumstances of the case and the applicable law. In some cases, the remedy may be monetary damages, such as restitution or disgorgement of profits. In other cases, the remedy may be injunctive relief, such as an order requiring the fiduciary to stop engaging in the wrongful conduct. In some jurisdictions, punitive damages may also be available in cases of egregious misconduct.

It is important for business owners to understand their fiduciary duties and take proactive steps to fulfill those duties. This includes ensuring that all transactions involving the company are conducted at arm's length and in the best interests of the company or its beneficiaries. Business owners must also be transparent about any potential conflicts of interest and must take steps to avoid any actions that could be perceived as self-dealing.

If you believe that a fiduciary has breached their duty, it is important to act quickly. Failure to act promptly could result in additional harm to the beneficiaries and could limit your ability to seek legal remedies. A skilled corporate attorney can help you navigate the legal complexities of a breach of fiduciary duty case and can provide you with guidance on the best course of action. At KI Legal, we understand the importance of protecting your business and its stakeholders. Our experienced attorneys have extensive experience in handling breach of fiduciary duty cases, and we are dedicated to helping our clients achieve the best possible outcomes. Contact us today by calling (212) 404-8644 or emailing to schedule a consultation so we can discuss how we can help you protect your business.



This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team.


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