Kelly Legacy Institute Topic: Standard of Care & Record Preservation From the Office. A fiduciary does not act casually. A fiduciary acts with: • Duty of Loyalty • Duty of Care • Duty of Impartiality • Duty to Preserve Record The Standard of Care is not emotional. It is measurable. When acting as Trustee, Manager, or Authorized Representative: 1. Every transaction must have purpose. 2. Every disbursement must have authority. 3. Every decision must be traceable to governing instrument. 4. Every action must be defensible on record. Maxim: “He who acts in a fiduciary capacity must act in good faith and with reasonable prudence.” Record Preservation Rule: If it is not documented, it did not occur. This week’s focus: Audit your structure. • Is your LLC operating agreement current? • Does your trust reflect actual asset transfers? • Are distributions recorded as distributions — not withdrawals? • Is capacity clearly separated in your signatures? Remember: Individual capacity exposes. Fiduciary capacity administers. Silence creates presumption. Documentation rebuts presumption. Operate accordingly. — From the Office Kelly Legacy Institute