17th Oct 2023
1 minute read

When Fund Managers Break Trust

A fiduciary duty is a legal obligation to act in the best interests of another party. When a fund manager breaches their fiduciary duty, it means that they have failed to act in the best interests of the investors in the fund. This can occur in several ways, such as making decisions that benefit the fund manager or a related party at the expense of the investors, failing to disclose conflicts of interest, or engaging in fraudulent or unethical behaviour.

If you suspect that a fund manager has breached their fiduciary duty, there are several steps you can take to address the issue:

  • Review the fund's prospectus: The prospectus should outline the fund manager's fiduciary obligations and any potential conflicts of interest. Reviewing the prospectus can help you understand whether the fund manager has breached their duty.
  • Speak with the fund manager: If you have concerns about the fund manager's behaviour, it may be helpful to speak with them directly. They may be able to provide insights into their decision-making process and any potential conflicts of interest.
  • Consult with a legal professional: A legal professional can help you understand your rights as an investor and whether the fund manager has breached their fiduciary duty. They can also advise you on any legal action that may be necessary.
  • File a complaint: If you believe the fund manager has engaged in fraudulent or unethical behaviour, you may want to file a complaint.
  • Consider selling your position: If you are not comfortable with the fund manager's behaviour, you may want to consider selling your position in the secondary market although the conduct of the manager may impact the value.

In conclusion, breach of fiduciary duty by a fund manager can be a serious issue that can negatively impact investors. By reviewing the fund’s prospectus, speaking with the fund manager, consulting with a legal professional, filing a complaint, or considering switching to a different fund, investors can take proactive steps to protect their investments and hold fund managers accountable.