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Fiduciary

Last Updated February 23, 2009

Definition

Any person who does any of the following:

  • Exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets
  • Renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or
  • Has any discretionary authority or discretionary responsibility in the administration of such plan.

Referring Cite

IRC §4975(e)(3), ERISA §3(21)(A);

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