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For institutional investors I think it's ok to put down ERISA, prudent investor, or prudent expert rule. Certainly isn't wrong....

There are two special cases that I have come across though:
1) The same person being sponsor and manager of a foundation/endowment, and
2) An investor owning shares of a company that he functions for as member of the board.

Actually, I sometimes find it difficult to determine what "unique circumstances" are...

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