Investment Policy Statement
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Investment Policy Statement
Regulations There are two levels of legal and regulatory oversight: the legal requirements for clients who are Fiduciary, fiduciaries or trustees for an account, and the regulations applicable to an advisor's practice. It is important to understand the requirements for each. ERISA An investment policy is required under virtually all investor circumstances, with the exception of individual investors. According to the US Employee Retirement Income Security Act of 1974, as amended (ERISA), for every qualified company retirement plan (e.g., 401[k], profit sharing, pension, 403[b]) there are certain fiduciary responsibilities for managing the plan assets with the care, skill, prudence and diligence of a prudent expert and by diversifying the investments of the plan so as to minimize the risk of large losses. The IPS documents these fiduciary responsibilities and ensures fiduciaries are adhering to these responsibilities. When auditing an ERISA plan, the U.S. Department of Labor regula ...
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Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ...
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Trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to transfer the title of ownership to the person named as the new owner, in a trust instrument, called a beneficiary. A trustee can also be a person who is allowed to do certain tasks but not able to gain income, although that is untrue.''Black's Law Dictionary, Fifth Edition'' (1979), p. 1357, . Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary, the more expansive sense encompasses persons who serve, for example, on the board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government. A trust can be set up either to benefit particular persons, or for any charitable purposes (but not generally for non-charitable ...
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Employee Retirement Income Security Act
The Employee Retirement Income Security Act of 1974 (ERISA) (, codified in part at ) is a U.S. federal tax and labor law that establishes minimum standards for pension plans in private industry. It contains rules on the federal income tax effects of transactions associated with employee benefit plans. ERISA was enacted to protect the interests of employee benefit plan participants and their beneficiaries by: * Requiring the disclosure of financial and other information concerning the plan to beneficiaries; * Establishing standards of conduct for plan fiduciaries; * Providing for appropriate remedies and access to the federal courts. ERISA is sometimes used to refer to the full body of laws that regulate employee benefit plans, which are mainly in the Internal Revenue Code and ERISA itself. Responsibility for interpretation and enforcement of ERISA is divided among the Department of Labor, the Department of the Treasury (particularly the Internal Revenue Service), and th ...
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Uniform Prudent Investor Act
''The Uniform Prudent Investor Act'' (UPIA), which was adopted in 1992 by the American Law Institute's Third Restatement of the Law of Trusts ("Restatement of Trust 3d"), reflects a "modern portfolio theory" and "total return" approach to the exercise of fiduciary investment discretion. Approach This approach allows fiduciaries to utilize modern portfolio theory to guide investment decisions and requires risk versus return analysis. Therefore, a fiduciary's performance is measured on the performance of the entire portfolio, rather than individual investments. Adoption As of May 2004, the ''Uniform Prudent Investor Act'' has been adopted in 44 States and the District of Columbia. Other states may have adopted parts of the Act, but not the entire Act. According to the National Conference of Commissioners on Uniform State Laws, the most common portion of the Act excluded by states concerns the delegation of investment decisions to qualified and supervised agents. Comparison to Pruden ...
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Uniform Management Public Employee Retirement Systems Act
A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, security guards, in some workplaces and schools and by inmates in prisons. In some countries, some other officials also wear uniforms in their duties; such is the case of the Commissioned Corps of the United States Public Health Service or the French prefects. For some organizations, such as police, it may be illegal for non members to wear the uniform. Etymology From the Latin ''unus'', one, and ''forma'', form. Corporate and work uniforms Workers sometimes wear uniforms or corporate clothing of one nature or another. Workers required to wear a uniform may include retail workers, bank and post-office workers, public-security and health-care workers, blue-collar employees, personal trainers in health clubs, instructors in summer ...
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Uniform Prudent Management Of Institutional Funds Act
The Uniform Prudent Management of Institutional Funds Act (UPMIFA) is a uniform act that provides guidance on investment decisions and endowment expenditures for nonprofit and charitable organizations. As of 2012 UPMIFA is the law in 49 states, the District of Columbia and the U.S. Virgin Islands. Neither Pennsylvania nor Puerto Rico has adopted UPMIFA. The major change in UPMIFA compared to the previous model law (the Uniform Management of Institutional Funds Act) is that it replaces a requirement that nonprofits cannot spend below the original value of contributions or "historic dollar value" (HDV) with a new requirement that their investing and spending will be at a rate that will preserve the purchasing power of the principal over the long term. The act also enshrines a "charitable purpose doctrine" into law, noting that investors must consider an investment's relationship with their broader social mission. History Predecessor The predecessor to UPMIFA, called the Uniform Man ...
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Financial Industry Regulatory Authority
The Financial Industry Regulatory Authority (FINRA) is a private American corporation that acts as a self-regulatory organization (SRO) that regulates member brokerage firms and exchange markets. FINRA is the successor to the National Association of Securities Dealers, Inc. (NASD) as well as the member regulation, enforcement, and arbitration operations of the New York Stock Exchange. The U.S. government agency that acts as the ultimate regulator of the U.S. securities industry, including FINRA, is the U.S. Securities and Exchange Commission (SEC). Overview The Financial Industry Regulatory Authority is the largest independent regulator for all securities firms doing business in the United States. FINRA's mission is to protect investors by making sure the United States securities industry operates fairly and honestly. In December 2019, FINRA oversaw 3,517 brokerage firms, 153,907 branch offices and approximately 624,674 registered securities representatives. FINRA has appr ...
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Road Map (business)
A road map, route map, or street map is a map that primarily displays roads and transport links rather than natural geographical information. It is a type of navigational map that commonly includes political boundaries and labels, making it also a type of political map. In addition to roads and boundaries, road maps often include points of interest, such as prominent businesses or buildings, tourism sites, parks and recreational facilities, hotels and restaurants, as well as airports and train stations. A road map may also document non-automotive transit routes, although often these are found only on transit maps. History The Turin Papyrus Map is sometimes characterized as the earliest known road map. Drawn around 1160 BC, it depicts routes along dry river beds through a mining region east of Thebes in Ancient Egypt. The Dura-Europos Route map is the oldest known map of (a part of) Europe preserved in its original form. It is a fragment of a map drawn onto a l ...
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Business Transaction Management
Business transaction management (BTM), also known as business transaction monitoring, application transaction profiling or user defined transaction profiling, is the practice of managing information technology (IT) from a business transaction perspective. It provides a tool for tracking the flow of transactions across IT infrastructure, in addition to detection, alerting, and correction of unexpected changes in business or technical conditions. BTM provides visibility into the flow of transactions across infrastructure tiers, including a dynamic mapping of the application topology. Using BTM, application support teams are able to search for transactions based on message context and content – for instance, time of arrival or message type – providing a way to isolate causes for common issues such as application exceptions, stalled transactions, and lower-level issues such as incorrect data values. The ultimate goal of BTM is to improve service quality for users conducting busin ...
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