Defalcation, for example, applies when a debtor is acting in a fiduciary capacity.
2.
Defalcation occurs when a debtor commits a bad act while acting in a fiduciary capacity.
3.
I can understand it in a fiduciary capacity.
4.
Nobody in that capacity can be charged with the fiduciary capacity to investigate the acts they may be implicated in,
5.
Directors and directors-at-large do not represent their nominating organization and act in a fiduciary capacity on behalf of CaRMS in their deliberations and decisions.
6.
Shareholders do not typically actively manage a corporation; shareholders instead elect or appoint a board of directors to control the corporation in a fiduciary capacity.
7.
Once elected or appointed to the Board, directors with their unique perspectives from their nominating organizations act in a fiduciary capacity on behalf of CaRMS in their deliberations and in their decisions.
8.
While a security guard would not normally be a fiduciary due to not holding a senior enough role, in relation to security arrangements the guard would be found to be acting in a fiduciary capacity.
9.
"We explain to board members that for them to properly act in their fiduciary capacity they have to bring in consultants and just keep asking questions until they know as much as the consultants know, " he said.
10.
He is in a fiduciary capacity and cannot make moral gestures, nor can the court authorise him to do so . " In the words of Sir James Wigram VC in " Balls v Strutt " ( 1841 ) 1 Hare 146, 149:
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