Fiduciary duty is an important legal concept used throughout business law. This principle extends beyond the routine responsibilities of a company’s management team and encompasses the ethical and legal obligations that people in trusted roles as employees, directors, advisers, and agents of a business owe to their organization. The purpose of this article is to answer some frequently asked questions often posed by business executives in the Chicago area who are looking for legal support from qualified business attorneys.

The concept of fiduciary duty is frequently used in contract law, corporate law, and other financial regulations. The phrase “fiduciary duty” is derived from the Latin phrase “fidere –comittance,” which translates to “faithful commitment.” This honor-bound commitment conveys the concept that fiduciaries must put the interests of those to whom they widen their trust ahead of their own.

Below is a brief overview of five commonly asked questions regarding fiduciary duty in the context of conducting business operations in the Chicago area.

Who has a Fiduciary Duty?

Fiduciary duty is complex legal concept that applies to people in certain positions of trust. The most common fiduciaries are corporate directors, officers, trustees, lawyers, financial advisors, and agents. Depending on the relationship, fiduciary duties may extend to other professionals such as polling workers, employees, and independent contractors. Generally speaking, fiduciary duty requires that fiduciaries act loyally, prudently, and with appropriate care when it comes to taking care of a company’s affairs.

What are the Obligations of a Fiduciary?

The scope of the fiduciary’s obligations can vary depending on the relationship and the specifics of the situation. Generally speaking, a fiduciary must make decisions and take action in the best interests of the company, with due care and undivided loyalty. This means that a fiduciary must avoid any conflicts of interest, and disclose any potential conflicts of interest that may arise during the course of executing their duties.

What is a Breach of Fiduciary Duty?

When a fiduciary misuses their position of trust and fails to act loyally and prudently in the best interests of their company, they have breached their fiduciary duty. This can lead to serious legal repercussions, including fines, the removal of an alleged fiduciary from their position of power, and the award of damages.

What are the Remedies for a Breach of Fiduciary Duty?

Under the laws of Chicago and the United States, the remedies available for the breach of a fiduciary duty depend on a variety of factors including the particular relationship and breach of duty. Typical remedies may include compensatory damages, rescission of contracts or other agreements, specific performance of contracts or other agreements, and injunctive relief.

How Can I Protect My Company Against a Breach of Fiduciary Duty?

The best way to protect your company against a breach of fiduciary duty is by having an experienced business attorney review all of your company’s fiduciary arrangements and advise you on establishing effective safeguards. An experienced business attorney can also help you review prospective and existing contracts for potential conflicts of interest, draft appropriate policies and procedures for fiduciary oversight, and review policies and procedures to ensure that they are up to date and compliant with fiduciary duty laws.

Understanding your legal rights and obligations of fiduciary duty is essential in any business transaction and failure to do so can lead to significant losses. With the right legal advice, your business can be protected against any potential breach of fiduciary duty.


Fiduciary Duty,

Business Law,

Contract Law