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https://www.floridabar.org/the-florida-bar-journal/treating-creditors-as-shareholders-fiduciary-duties-of-directors-and-officers-of-insolvent-corporations-in-florida/#:~:text=In%20Florida%2C%20officers%E2%80%99%20and%20directors%E2%80%99%20fiduciary%20duties%20are,duties.%206%20%E2%80%A2%20When%20is%20a%20Corporation%20Insolvent%3F
https://www.floridabar.org/the-florida-bar-journal/understanding-fiduciary-duty/
When does a person owe another a fiduciary duty? Unless their relationship is one of the classic relationships that impose fiduciary duties, such as the attorney/client, executor/heir, guardian/ward, agent/principal, trustee/beneficiary, or corporate officer/shareholder, 1 the answer is often unclear. Courts in recent years have imposed a fiduciary duty on persons in numerous …
https://www.floridabar.org/the-florida-bar-journal/treating-creditors-as-shareholders-fiduciary-duties-of-directors-and-officers-of-insolvent-corporations-in-florida/
In Florida, officers’ and directors’ fiduciary duties are extended to the corporation’s creditors when the corporation is insolvent or is in the “vicinity of insolvency.” 5 Accordingly, insolvency does not create a new duty for directors, it “simply adds beneficiaries” of existing duties. 6 • When is a Corporation Insolvent?
https://jflawfirm.com/the-guide-to-breach-of-fiduciary-duty-in-florida-updated-for-2020/
https://brewerlong.com/information/breach-of-fiduciary-duty/
A fiduciary duty is a duty to act in the interest of another individual with respect to certain transactions, even above one’s own interest. A fiduciary is obligated to act in good faith and to act with care and loyalty toward those to whom they owe fiduciary duties. If you believe someone involved in your business has violated their ...
https://www.oflaherty-law.com/learn-about-law/fiduciary-duties-of-corporate-officers-and-director
In terms of businesses and corporations, a fiduciary duty is an obligation to act in good faith, with the care of a reasonable person in a similar position and the belief that their decisions are in the best interests of the company and its shareholders. ... Fiduciary Duties of Corporate Officers and Directors. November 16, 2020. December 10 ...
https://www.floridabar.org/the-florida-bar-journal/directors-fiduciary-duties-increasing-focus-on-good-faith-and-independence/
The directors’ fiduciary duty has been codified in F.S. §607.0830 (1) (2008): A director shall discharge his or her duties as a director, including his or her duties as a member of a committee: (a) in good faith; (b) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (c) in a manner ...
https://cindysfloridallc.com/FL-LLC-Benefits/Fiduciary-Duties
The Florida Revised LLC Act stipulates that managers of a manager-managed LLC and members of a member-managed LLC have a fiduciary duty of loyalty to the LLC and its corresponding membership. This obviously is less important for a Single Member LLC. The fiduciary duty of loyalty imposes certain responsibilities on manager or member, respectively.
https://www.floridabar.org/the-florida-bar-journal/does-a-florida-minority-shareholder-in-a-closely-held-corporation-owe-a-fiduciary-duty-to-fellow-shareholders/
For example, in In re N & D Properties, Inc.,799 F.2d 726 (11th Cir. 1986), the court recognized that the minority shareholder owed a fiduciary duty to the corporation, and later the corporation’s creditors once the corporation was in the zone of insolvency, because the minority shareholder was an insider involved in the management of the ...
https://carlinfirm.com/florida-business-litigation-duties-owed-officer-directors-corporations-shareholders/
Florida Business Litigation: Duties Owed by Directors & Officers. Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901, (561) 406-0440, (813) 510-5800.
https://www.stimmel-law.com/en/articles/corporate-officers-duties-and-fiduciary-responsibilities
The Three Basic Types of Fiduciary Duties. Most states, including California, maintain three basic fiduciary duties. 1) Duty of Care – directors and officers must use care and be diligent when making decisions on behalf of the corporation and its shareholders (who are the true owners of the corporation). Directors and officers meet their duty ...
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