                                 CODE OF VIRGINIA

DELEGATION OF MANAGEMENT AND INVESTMENT FUNCTIONS (§ 64.2-1103)

A. Subject to any specific limitation set forth in a gift instrument or in law
other than this chapter, an institution may delegate to an external agent the
management and investment of an institutional fund to the extent that an
institution could prudently delegate under the circumstances. An institution
shall act in good faith, with the care that an ordinarily prudent person in a
like position would exercise under similar circumstances, in:

   1. Selecting an agent;

   2. Establishing the scope and terms of the delegation, consistent with the
   purposes of the institution and the institutional fund; and

   3. Periodically reviewing the agent&#8217;s actions in order to monitor the
   agent&#8217;s performance and compliance with the scope and terms of the
   delegation.

B. In performing a designated function, an agent owes a duty to the institution
to exercise reasonable care to comply with the scope and terms of the
delegation.

C. An institution that complies with subsection A is not liable for the
decisions or actions of an agent to which the function was delegated.

D. By accepting delegation of a management or investment function from an
institution that is subject to the laws of the Commonwealth, an agent submits to
the jurisdiction of the courts of the Commonwealth in all proceedings arising
from or related to the delegation or the performance of the delegated function.

E. An institution may delegate management and investment functions to its
committees, officers, or employees as authorized by law of the Commonwealth
other than this chapter.

HISTORY: 1973, c. 167, § 55-268.5; 2008, c. 184, § 55-268.15; 2012, c. 614.