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Uniform Prudent Investor Act

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138:, states should have repealed legal list statutes, which specified permissible investments types. (However, guardianship and conservatorship accounts generally remain limited by specific state law.) In those states which adopted part or all of the Uniform Prudent Investor Act, investments must be chosen based on their suitability for each account's beneficiaries or, as appropriate, the customer. Although specific criteria for determining "suitability" do not exist, it is generally acknowledged, that the following items should be considered as they pertain to account beneficiaries: 102:
are not per se considered imprudent. However, while the fiduciary is now permitted, even encouraged, to develop greater flexibility in overall portfolio management, speculation and outright risk taking is not sanctioned by the rule either, and they remain subject to criticism and possible liability.
91:
A trust account's entire investment portfolio is considered when determining the prudence of an individual investment. Under the Prudent Investor Act standard, a fiduciary would not be held liable for individual investment losses, so long as the investment, at the time of acquisition, is consistent
101:
No category or type of investment is deemed inherently imprudent. Instead, suitability to the trust account's purposes and beneficiaries' needs is considered the determinant. As a result, junior lien loans, investments in limited partnerships, derivatives, futures, and similar investment vehicles,
72:. 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. 55:
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.
194: 177: 172: 182: 229: 199: 167: 32: 173:
Prudent Investor and TOLI: Part 1 - The Prudent Investor Act, Modern Portfolio Theory & Trust-Owned Life Insurance (TOLI)
95: 178:
Prudent Investor and TOLI: Part 2 - Factors Determining TOLI Pricing, Performance & Suitability
183:
Prudent Investor and TOLI: Part 3 - Establishing a Basis for ILIT Compliance (and Best-Practices)
36: 105:
A fiduciary is permitted to delegate investment management and other functions to third parties.
28: 234: 69: 214: 8: 84: 223: 40: 52: 209: 210:
UPIA Fiduciary Tools for Trust-Owned Life Insurance (TOLI) - Veralytic
16:
Fiduciary Requirements of Registered Investment Advisors (Post 1992)
98:
is explicitly required as a duty for prudent fiduciary investing.
43:" approach to the exercise of fiduciary investment discretion. 204: 31:'s Third Restatement of the Law of Trusts ("Restatement of 92:
with the overall portfolio objectives of the account.
215:
Consumer Complaints Inquiries - Trust Administration
114:As of 2021 the states which have not adopted the 75: 221: 230:Financial regulation in the United States 205:UPIA Fiduciary Consulting - Regent Crown 222: 200:List of States that have adopted UPIA 68:has been adopted in 44 States and the 195:Uniform Prudent Investor Act - Final 109: 27:, which was adopted in 1992 by the 13: 118:or Substantially Similar include: 14: 246: 188: 81:The Uniform Prudent Investor Act 21:The Uniform Prudent Investor Act 129: 76:Comparison to Prudent Man Rule 1: 161: 145:current investment portfolio; 136:Uniform Prudent Investor Act 116:Uniform Prudent Investor Act 66:Uniform Prudent Investor Act 7: 59: 46: 10: 251: 154:investment objective; and 151:tax status and bracket; 37:modern portfolio theory 29:American Law Institute 51:This approach allows 142:financial situation; 87:in four major ways: 70:District of Columbia 64:As of May 2004, the 168:FDIC Trust Manual 110:Not adopted by... 83:differs from the 242: 148:need for income; 134:In enacting the 85:Prudent Man Rule 35:"), reflects a " 250: 249: 245: 244: 243: 241: 240: 239: 220: 219: 191: 164: 157:risk tolerance. 132: 112: 96:Diversification 78: 62: 49: 17: 12: 11: 5: 248: 238: 237: 232: 218: 217: 212: 207: 202: 197: 190: 189:External links 187: 186: 185: 180: 175: 170: 163: 160: 159: 158: 155: 152: 149: 146: 143: 131: 128: 127: 126: 123: 111: 108: 107: 106: 103: 99: 93: 77: 74: 61: 58: 48: 45: 15: 9: 6: 4: 3: 2: 247: 236: 233: 231: 228: 227: 225: 216: 213: 211: 208: 206: 203: 201: 198: 196: 193: 192: 184: 181: 179: 176: 174: 171: 169: 166: 165: 156: 153: 150: 147: 144: 141: 140: 139: 137: 124: 122:Delaware, and 121: 120: 119: 117: 104: 100: 97: 94: 90: 89: 88: 86: 82: 73: 71: 67: 57: 54: 44: 42: 38: 34: 30: 26: 23: 22: 235:Uniform Acts 135: 133: 115: 113: 80: 79: 65: 63: 50: 41:total return 24: 20: 19: 18: 130:Suitability 53:fiduciaries 224:Categories 162:References 125:Louisiana. 60:Adoption 47:Approach 33:Trust 3d 39:" and " 25:(UPIA) 226::

Index

American Law Institute
Trust 3d
modern portfolio theory
total return
fiduciaries
District of Columbia
Prudent Man Rule
Diversification
FDIC Trust Manual
Prudent Investor and TOLI: Part 1 - The Prudent Investor Act, Modern Portfolio Theory & Trust-Owned Life Insurance (TOLI)
Prudent Investor and TOLI: Part 2 - Factors Determining TOLI Pricing, Performance & Suitability
Prudent Investor and TOLI: Part 3 - Establishing a Basis for ILIT Compliance (and Best-Practices)
Uniform Prudent Investor Act - Final
List of States that have adopted UPIA
UPIA Fiduciary Consulting - Regent Crown
UPIA Fiduciary Tools for Trust-Owned Life Insurance (TOLI) - Veralytic
Consumer Complaints Inquiries - Trust Administration
Categories
Financial regulation in the United States
Uniform Acts

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