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Содержание обязанности доверительного управляющего разумно вести инвестиционную деятельность (часть 2)
Agents, including trustees and corporate directors, very often engage in investing on behalf of their principals. In practice, however, it is often difficult to determine whether the actions of an agent were prudent or whether the agent should be held liable for losses resulting from unsuccessful investments. This article addresses this issue in the context of Russian law. It is published in two parts. In the second part, we examine specific criteria for assessing the reasonableness of investments and, on this basis, propose a revised version of the prudent investor rule, which is widely applied in foreign legal systems. In addition, we analyse the allocation of the burden of proof in disputes concerning imprudent investment and demonstrate how a number of less extensive, yet nevertheless important, issues relating to the prudence of investment management may be resolved.