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Advisers must proactively raise ESG issues with<br />

clients, says UN group<br />

Wed, 22 Jul 2009<br />

A group of asset managers, representing approximately USD2trn in assets under management, say that<br />

integrating environmental, social, and governance considerations into investment decisions should be<br />

a legal responsibility.<br />

<strong>The</strong> statement is outlined in a new report, 'Fiduciary Responsibility - Legal and Practical Aspects of Integrating<br />

Environmental, Social and Governance Issue into Institutional Investment', produced by the <strong>Asset</strong> <strong>Management</strong><br />

<strong>Working</strong> <strong>Group</strong> of United Nations Environment Programme <strong>Finance</strong> Initiative, a partnership between the UN's<br />

environmental arm and over 180 financial institutions worldwide.<br />

"We finally made the case that prudent fiduciaries should consider material ESG issues as an integral part of<br />

their investment decisions. This report takes the next step by making the case that advisors must be proactive in<br />

raising ESG issues with their clients, and by collectively calling on the investment industry, policymakers and<br />

civil society to move toward responsible and sustainable capital markets to help avert a natural resources<br />

crisis," says Paul Hilton, director of advanced equities research at Calvert and the Fiduciary II co-project lead.<br />

"This new report on fiduciary duty provides a significant, multi-faceted analysis of the legal and practical ESG<br />

developments in the global investment arena, including updated legal views from North America. With forwardlooking<br />

commentary and recommendations from leading legal experts, investment consultants, and asset<br />

managers, it appears that institutional investors will have an easier time allocating to well-managed sustainable<br />

investments," says Mary Jane McQuillen, director and portfolio manager, socially aware investment at<br />

ClearBridge Advisors, and the Fiduciary II co-project lead.<br />

Professional investment advisers and service providers - such as investment consultants and asset managers -<br />

may have a legal obligation to incorporate ESG issues into their investment services or face the risk of opening<br />

themselves up to legal liabilities if they do not, the report says.<br />

<strong>The</strong> report also provides indicative legal language that can be used to embed ESG considerations in the<br />

investment management agreements and related legal contracts between institutional investors and their asset<br />

managers.<br />

<strong>The</strong> report found that the global economy has now reached the point where ESG issues are a critical<br />

consideration for all institutional investors and their agents.<br />

It says ESG issues must be embedded in the legal contracts between institutional investors and their asset<br />

managers to hold asset managers to account, and that ESG issues should be included in periodic reporting by<br />

asset managers. Equally, the performance of asset managers should be assessed on a longer-term basis and<br />

linked to long-term incentives.<br />

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