The fiduciary duties of corporate directors to "phantom" stockholders

Article Abstract:

Corporate directors' fiduciary duties should not extend to employees holding phantom stock because contract law is available to the phantom stock holders as a negotiating tool. Phantom stock is stock options offered to employees as incentives to help the company prosper. The stock phantom because the company does not convey an equity interest to the employee until some future date. While in other ways holders of phantom stock are situated similarly to nonvoting common stockholders, nonvoting common stockholders are owed a fiduciary duty because they do not have other means to assert their rights.

United States, Corporate directors, Employee stock options

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Like money in the bank? An economic analysis of fiduciary duties to protect the S&L deposit insurance fund

Article Abstract:

The Office of Thrift Supervision claims that savings and loan directors and officers have a fiduciary duty to the federal government in its capacity as insurer of deposits in savings and loans (S & L). This argument has no basis in law and goes against economic theory. If this duty concentrated on moderating the risk to S & L assets as a protection for the federal fund, the resulting lack of sufficient capital investment would heighten S & L instability. The traditional fiduciary duty to S & L shareholders to maximize profits is the best way of avoiding more S & L failures.

Savings and loan associations, Insurance, United States. Federal Deposit Insurance Corp.

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The search for the fiduciary principle: a rescue operation

Article Abstract:

Overbroad application of fiduciary duties has left the law in Australia and other Commonwealth countries in a state of disarray. Finding a fiduciary duty triggers the availability of a number of remedies to address the breach of duty. Fiduciary duty law should be limited to those instances when a high level of conduct is in fact expected and required. Alternative means of enforcing standards of conduct should be used in the areas that are now being addressed by this expansive understanding of fiduciary duty.

United Kingdom, Australia

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