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Advisors need to update their investment management contracts, including
policy statements, to reflect the new rules that enable delegation, says
Terry Carter, an Orangeville, Ont., lawyer who advises charities. These
advisors "are quick to look for charity business, but not as quick to
provide the appropriate documentation. They need to do an adequate job
to make sure the charities are protected for delegating their financial
decisions." This is particularly an issue if an advisor advocates that
a charity invest in mutual funds. Due to the prohibition against subdelegation,
advisors are exposing the charities to potential liability. "This has
not been tested in the courts," says Carter." My advice to charities is
to be careful." Large, national charities face a unique problem regarding
investing standards, says Carter. For example, if a charity's head office
is in Ontario and it conducts a fundraising campaign in Saskatchewan and
the funds are invested in New Brunswick, which province's laws apply?
Because not all provinces are currently on board with the prudent investor
rule, he says, advisors should become aware of a charity's operations
before diving in with financial advice.
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