Define: Fiduciary capacity

The meaning of “Fiduciary capacity” differs based on where it is used. We list many below, then combine them into one or more market-standard definitions.

How is Fiduciary capacity defined in a legal contract?

  • Fiduciary capacity means a role where a person holds or possesses. Seen in 28 SEC filings.
  • Fiduciary capacity means a role in which a person holds a title or has an interest or control in a facility through their responsibilities as a fiduciary. Seen in 21 SEC filings.
  • Fiduciary capacity means an undertaking to act as executor, administrator, personal representative, guardian, conservator, or receiver. Seen in 11 SEC filings.
  • Fiduciary capacity means an undertaking to act as executor, administrator, guardian, conservator, trustee for a family trust, authorized trust, testamentary trust, receiver, or trustee in bankruptcy. Seen in 8 SEC filings.
  • Fiduciary capacity means a capacity as a trustee, executor, administrator, registrar of stocks and bonds, transfer agent, guardian, assignee, receiver, or custodian under a uniform gifts to minors act; investment adviser, or in any capacity in which the bank possesses investment discretion on behalf of another. Seen in 5 SEC filings.
  • Fiduciary capacity means where a person, as a trustee, acts as the nominal owner of a property for the benefit of one or more beneficiaries. Seen in 4 SEC filings.
  • Fiduciary capacity means a capacity that arises from the intent to act alone or jointly with others as a personal representative of a decedent's estate, a guardian or conservator of an estate, a receiver, a trustee under appointment of any court or under authority of any law, or a trustee for any other permissible purpose. Seen in 4 SEC filings.
  • Fiduciary capacity means when the licensee acts with a high degree of good faith when handling money entrusted to them by the people served. Seen in 3 SEC filings.

Note: The Genie AI Legal Assistant pulled this data out of the SEC EDGAR Database of 500,000 records from the past 22 years of filings. We regularly update this page as new filings and definitions come in.

Search EDGAR for 'Definitions of fiduciary capacity' yourself to verify these results. We are always keen to point people to source documents.

Which definition should you use?

🤔 Our AI Legal Assistant has combined and improved the above descriptions to create market-standard 'Genie definitions' below, with guidance on which documents and which industry to use for each.

Genie Definition 1

Fiduciary capacity means acting in a role of trust, managing responsibilities or property for the benefit of others.

Relevant Contract Types

Relevant Circumstances

  • Implementing estate planning strategies
  • Establishing an inheritance framework
  • Organizing assets for minor children
  • Implementing property management plans
  • Responsible for holding, managing, or administering personal tangible or intangible property

Relevant Sectors

Genie Definition 2

Fiduciary capacity means a commitment to act as a trustee, executor, administrator, guardian, or receiver.

Relevant Contract Types

Relevant Circumstances

  • Administering an estate after a death
  • Managing assets of a minor or incapacitated person
  • Handling assets in a bankruptcy situation
  • Managing assets in a trust structure for beneficiaries

Relevant Sectors

Are you creating, reviewing or negotiating a document?

Looking for further advice on how to define “Fiduciary capacity" in your document? 

🚀 Try our AI Legal Assistant! It can suggest a definition just for your specific needs (Simply import your contract, then ask it to draft a definition suitable for your document, that's it!)

What is the most popular definition of 'Fiduciary capacity'?

Fiduciary capacity means acting in a role of trust, managing responsibilities or property for the benefit of others

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Try using Genie's Free AI Legal Assistant

Generate quality, formatted contracts with AI

Can’t find the right template? Create the bespoke agreement in minutes by conversing with our AI and tailoring to your needs

Let our Legal AI make 
edits for you

Ask Genie to edit your document in the same way you’d ask a paralegal. Genie makes track changes, and explains its thinking just like a junior lawyer would.

AI review

Can’t find the right template? Create the bespoke agreement in minutes by conversing with our AI and tailoring to your needs

Book your personalised demo now

Schedule a live, interactive demo with a Genie expert
Understand the most valuable features of Genie based on your workflow
Find out exactly how your business will benefit, from hours saved to faster revenue