fiduciary capacity

fiduciary capacity
The position of one in whom special confidence is reposed, and who is bound in equity and good conscience to act in good faith with due regard to the interest of the person reposing the confidence. Illinois v Riggins, 8 Ill 2d 78, 132 NE2d 519, 56 ALR2d 1149. For practical purposes, the capacity in which a trustee acts. Svanoe v Jurgens, 144 Ill 507, 513, 33 NE 955. As the term is used in reference to exception from discharge in bankruptcy of debts created in a fiduciary capacity, it has reference to technical or express trust, not to those trusts which the law implies from a contract or from the position of parties to a transaction. Anno: 16 ALR2d 1152 § 2; 9 Am J2d Bankr § 802.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • fiduciary capacity — n. The condition of acting, transacting business, or handling money on behalf of someone else. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • fiduciary — fi·du·cia·ry 1 /fə dü shə rē, dyü , shē ˌer ē/ n pl ries: one often in a position of authority who obligates himself or herself to act on behalf of another (as in managing money or property) and assumes a duty to act in good faith and with care,… …   Law dictionary

  • Fiduciary — Fi*du ci*a*ry (? or ?), a. [L. fiduciarus, fr. fiducia: cf. F. fiduciaire. See {Fiducial}.] 1. Involving confidence or trust; confident; undoubting; faithful; firm; as, in a fiduciary capacity. Fiduciary obedience. Howell. [1913 Webster] 2.… …   The Collaborative International Dictionary of English

  • fiduciary — /fad(y)uwsh(iy)ary/ The term is derived from the Roman law, and means (as a noun) a person holding the character of a trustee, or a character analogous to that of a trustee, in respect to the trust and confidence involved in it and the scrupulous …   Black's law dictionary

  • fiduciary — /fad(y)uwsh(iy)ary/ The term is derived from the Roman law, and means (as a noun) a person holding the character of a trustee, or a character analogous to that of a trustee, in respect to the trust and confidence involved in it and the scrupulous …   Black's law dictionary

  • Fiduciary — One party, for example a corporate trust company or the trust department of a bank, holds a fiduciary relation or acts in a fiduciary capacity to another, such as one whose funds are entrusted to it for investment. In a fiduciary relation one… …   Wikipedia

  • fiduciary — fiduciarily, adv. /fi dooh shee er ee, dyooh /, n., pl. fiduciaries, adj. n. 1. Law. a person to whom property or power is entrusted for the benefit of another. adj. 2. Law. of or pertaining to the relation between a fiduciary and his or her… …   Universalium

  • fiduciary — I. noun (plural ries) Date: 1631 one that holds a fiduciary relation or acts in a fiduciary capacity II. adjective Etymology: Latin fiduciarius, from fiducia confidence, trust, from fidere Date: circa 1641 of, relating to, or involving a… …   New Collegiate Dictionary

  • fiduciary — /fəˈdjuʃəri/ (say fuh dyoohshuhree) noun (plural fiduciaries) 1. Law a person to whom property is entrusted to hold, control, or manage for another. –adjective 2. Law of or relating to the relation between a fiduciary and his or her principal: a… …  

  • fiduciary — Denoting a person who holds property in trust or as an executor. Persons acting in a fiduciary capacity do so not for their own profit but to safeguard the interests of some other person or persons …   Big dictionary of business and management

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