Fiduciary duties of UK investment managers and conflicts: the arch financial products case
Abstract
Purpose
The article analyses the findings of the Court in the Arch Cru case relating to manager fiduciary duties under English law and conflicts of interest compliance failings.
Design/methodology/approach
This article summarises the Arch Cru case with a focus on fiduciary duties and practical compliance suggestions for conflicts of interest situations.
Findings
The article addresses in particular the novelty of the fiduciary duty finding in the Arch Cru case and the justifiable concerns that compliance officers may have going forward given the nature of the regulatory enforcement approach taken by the FCA.
Practical implications
The article highlights the nature of the fiduciary obligations owed by managers under English law together with a brief analysis of the causes of action for breach of fiduciary duty and the linkage to regulatory compliance obligations.
Originality/value
The article is of value to investment managers, their compliance officers and general counsel where the manager provides investment management services under English law because it provides insight into the nature of investment manager fiduciary duties under English law and the impact of breaching those duties in a conflicts of interest scenario.
Keywords
Acknowledgements
© 2015 Reed Smith LLP, All rights reserved
Disclaimer: Please note that this article is provided for information purposes only, does not constitute legal advice and solely reflects the views of the author and not those of Reed Smith LLP as a firm.
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Citation
Penhall, W. (2015), "Fiduciary duties of UK investment managers and conflicts: the arch financial products case", Journal of Investment Compliance, Vol. 16 No. 3, pp. 43-48. https://doi.org/10.1108/JOIC-06-2015-0037
Publisher
:Emerald Group Publishing Limited
Copyright © 2015, Authors