fiduciary capacity
Defined in 3 dictionaries — Case Law, U.S. Code, Black's (1910)
Definitions from Case Law
From 293 U.S. 328 - Davis v. Aetna Acceptance Co. · 1934Most cited · 1,616 citing opinions
The statute 'speaks of technical trusts, and not those which the law implies from the contract.' The scope of the exception was to be limited accordingly.
United States Code
15 U.S.C. § 78C — in this chapter (2 versions over time)
For purposes of subparagraph (B)(ii), the term “fiduciary capacity” means—
(i) in the capacity as trustee, executor, administrator, registrar of stocks and bonds, transfer agent, guardian, assignee, receiver, or custodian under a uniform gift to minor act, or as an investment adviser if the bank receives a fee for its investment advice;
(ii) in any capacity in which the bank possesses investment discretion on behalf of another; or
(iii) in any other similar capacity.
42 U.S.C. § 9607 — as used in this chapter
The term “fiduciary capacity” means the capacity of a person in holding title to a vessel or facility, or otherwise having control of or an interest in the vessel or facility, pursuant to the exercise of the responsibilities of the person as a fiduciary.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
One is said to act in a "fiduciary capacity" or to receive money or contract a debt in a "fiduciary capacity," when the business which he transacts, or the money or property which he handles, is not his own or for his own benefit, but for the benefit of another person, as to whom he stands in a relation implying and necessitating great confidence and trust on the one part and a high degree of good faith on the other part The term is not restricted to technical or express trusts, but included also such offices or relations as those of an attorney at law, a guardian, executor, or broker, a director of a corporation, and a public officer. See Schudder v. Shiells, 17 How. Prae. (N. Y.) 420; Roberts v. Prosser, 53 N. Y. 260; Heffren v. Jayne, 39 Ind. 465, 13 Am. Rep. 281; Flanagan v. Pearson, 42 Tex. 1, 19 Am. Rep. 40; Clark v. Pinckney, 50 Barb. (N. Y.) 226 ; Chapman v. Forsyth, 2 How. 202,-11 L. Ed. 236; Forker v. Brown, 10 Misc. Rep. 161, 30 N. Y. Supp. 827; Madison Tp. v. Dun-kle, 114 Ind. 262, 16 N. E. 593.
Defined under Fiduoiary in Black's Law Dictionary.