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Does the Recently Amended Investment Duties Regulation Change How Fiduciaries Should Make Investment Decisions?
The Wagner Law GroupLink to more items from this source
[Guidance Overview]
Jan. 22, 2021

"President Biden signaled that his administration will review the Final Rule on Investment Duties ... [T]he DOL [Final Rule] eliminated all overt references to consideration of ESG factors.... The Investment Duties regulation left standing instead changes how all fiduciaries are to approach all investment decision-making in connection with all types of employee benefit plans. Under the new rule, fiduciaries are instructed to make investment decisions by considering only 'pecuniary' factors, as defined by the DOL, to the exclusion of 'non-pecuniary' factors, with limited exceptions. The new standard adopts the idea that loyalty to plan interests requires the exclusion of any other interest, including collateral benefits or goals of an investment, which could include ESG factors."

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