As many now know, environmental, social and governance (ESG) investing is clearly a thing.1 As of December 2021, assets in U.S. sustainable funds totaled $357 billion.2 New flows to those funds in 2021 were $71 billion, easily outpacing 2020’s previous record flows of $51 billion.3
For trustees, the interest in ESG investing presents a quandary.4 Beneficiaries, grantors, investment managers and other advisors, as well as the trustee’s own views, may motivate a trustee to explore ESG investing. Yet depending on the trustee’s approach, a trustee’s fiduciary duties may restrict their ability to act on their increasingly common intentions.
Fiduciary Duties
In general, a trustee under the prudent investor rule (PIR) must consider many factors in...
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