# Fiduciary duties `kaal:entity:fiduciary-duties` **Status.** derived This node is assembled mechanically from the 9 claims that carry the concept tag `fiduciary-duties`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself. ## Every claim under this term 9 claims across 4 works, 2013 to 2025. **2013** - [2317580-001](https://wulfkaal.github.io/claims/2317580-001) [failure/argued] *(failure mode)* -- The traditional fiduciary duty doctrine is one of the most amorphous concepts in the law, and its indeterminacy produces confusion, inconsistency, and cases with problematic outcomes. > Traditional fiduciary duty doctrine is among the most amorphous concepts in the law and leads to confusion, inconsistency, and to cases with somewhat problematic outcomes. Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580 - [2317580-003](https://wulfkaal.github.io/claims/2317580-003) [empirical/asserted] -- The decades long academic debate over improving fiduciary duty doctrine has overlooked Corporate Integrity Agreements entirely, even though the debate is otherwise framed as a choice between expanding and curtailing the doctrine. > The academic debate on options for improvement of the fiduciary duty doctrine has ignored the possible role of Corporate Integrity Agreements (CIAs). Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580 - [2317580-006](https://wulfkaal.github.io/claims/2317580-006) [design/argued] -- Although CIAs sit outside the formal legal framework that defines fiduciary duties, they belong to the penumbra of extra legal forces that clarifies what is expected of directors. > While CIAs are outside the traditional legal framework that formally defines fiduciary duties, they fit into the penumbra of extra-legal forces11 that helps to clarify the expectations for directors. Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580 - [2317580-008](https://wulfkaal.github.io/claims/2317580-008) [failure/argued] *(failure mode)* -- Sarbanes-Oxley and the Dodd-Frank Act have influenced and shaped fiduciary duties, but they have not necessarily improved or clarified them. > The Sarbanes-Oxley Act20 and the Dodd-Frank Act have influenced and shaped fiduciary duties but have not necessarily improved and clarified them. Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580 - [2317580-031](https://wulfkaal.github.io/claims/2317580-031) [empirical/evidenced] -- Courts treat companies that executed a CIA differently from other companies, and are increasingly recognizing the role of CIAs and their implications for directors' fiduciary duties. > Courts, however, treat companies that executed a CIA differently. Courts are increasingly recognizing the role of CIAs and their implications for directors' fiduciary duties. Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580 - [2317580-040](https://wulfkaal.github.io/claims/2317580-040) [normative/asserted] -- More research and empirical work is needed to determine how CIAs and other hybrid forms may change or expand directors' obligations. > More research and empirical work may be needed to explore how CIAs and other hybrid forms may change or expand directors' obligations. Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580 **2019** - [3373393-035](https://wulfkaal.github.io/claims/3373393-035) [mechanism/argued] -- Because of the value to effort focus of work flows in the DAO structure, supervision of management and the imposition of legal duties on management are less needed, since there are fewer or no supervisors, so the fiduciary duties on which the traditional regulatory infrastructure relies become less necessary. > Because of the value to effort focus of work flows in the DAO structure, supervision of management and imposition of legal duties on management is less needed because there are fewer or no supervisors. Wulf A. Kaal, Blockchain Solutions for Agency Problems in Corporate Governance (2019). SSRN: https://ssrn.com/abstract=3373393 - [3441904-020](https://wulfkaal.github.io/claims/3441904-020) [mechanism/argued] -- Fiduciary duties are less relevant in DAOs because the disciplining effect of such duties on management conduct is less needed where centralized management is minimal and there are fewer or no supervisors. > The disciplining effect of fiduciary duties on management's conduct is less needed because centralized management is minimal in DAOs. Wulf A. Kaal, Blockchain-Based Corporate Governance (2019). SSRN: https://ssrn.com/abstract=3441904 **2025** - [5886342-034](https://wulfkaal.github.io/claims/5886342-034) [design/asserted] -- DAO members owe each other duties of good faith, transparency and loyalty within the scope of the DAO Agreement, which imports fiduciary style obligations into a relationship that would otherwise be purely contractual. > (3) DAO Members owe each other duties of good faith, transparency, and loyalty within the scope of Furrer Andreas, Wulf A. Kaal, Stephan D. Meyer, Universal Digital Law Codex (UDLC) (2025). SSRN: https://ssrn.com/abstract=5886342 ## Verify Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust. curl -s https://wulfkaal.github.io/entities/fiduciary-duties.md | sha256sum **Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.