Investor Protection in the UK: The Duties of Investment Managers

22 Pages Posted: 25 Jun 2020

See all articles by Daniel Nevzat

Daniel Nevzat

King's College London - The Dickson Poon School of Law, LLM Graduate

Date Written: June 15, 2020

Abstract

This paper explores the duties owed by investments managers in the UK, comprised of duties derived from equity, common law, regulation and contract. It offers a critical analysis of how private law duties apply to investment managers, and discusses the challenges of applying such general duties to modern investment management businesses which serve many clients at a global level. A review of relevant case law, statutory law and regulation is undertaken to identify the duties and interactions between the different branches of law. It is argued that the duties under regulatory framework applicable to investment managers incorporates fiduciary duties of trust and loyalty and the common law duty of care, but applies such principles in a more practical and proportionate way. This paper concludes that the tailored and sophisticated approach of regulation and under contract creates an appropriate balance between ensuring adequate investor protection and enabling investment managers to operate without undue impediments.

Suggested Citation

Nevzat, Daniel, Investor Protection in the UK: The Duties of Investment Managers (June 15, 2020). King's College London Law School Graduate Student Research Paper No. 2018/9_8, Available at SSRN: https://ssrn.com/abstract=3627512 or http://dx.doi.org/10.2139/ssrn.3627512

Daniel Nevzat (Contact Author)

King's College London - The Dickson Poon School of Law, LLM Graduate

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London, WC2R 2LS
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