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Alternative Market Briefing

Maples Fiduciary head urges directors to read the Weavering judgement

Wednesday, September 14, 2011

By Beverly Chandler, Opalesque London:

News of the recent judgment in the Cayman Islands courts against the directors of Weavering Macro Fixed Income Fund Limited, which collapsed in 2009, has brought focus onto the role of the non executive director in investment funds. Peter Huber, global co-head of Maples Fiduciary Services says: "We think that while the facts of the case are particularly egregious and we don’t believe the directors in this case were truly independent, it’s a good opportunity to focus the industry on the duties of directors and what non executive directors should be doing."

At Maples Fiduciary, the team has internally taken that opportunity, and Huber reports that they are quite comfortable that they are doing everything that they should be doing in order to be proactive and to fulfill their duties as directors.

Huber’s area of specialty is investment funds and he leads a team of independent directors and oversees the investment funds’ group at Maples Fiduciary.

Huber describes the basic fiduciary role as this: "We have fiduciary duties which include a duty to act in good faith in the best interests of the company and a duty to exercise independent judgment, to exercise reasonable care, skill and diligence and to act in the interests of the fund that we serve to ensure that we are protecting the interests of all investors."

In their role as directors, Huber and his team take an active role on the boards on which they serve. "Directors s......................

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