147—Exercise of fiduciary functions
A fiduciary exercises a fiduciary function if the fiduciary—
(a)
exercises or intentionally refrains from exercising a power or function in the
affairs of the principal; or
(b)
gives or intentionally refrains from giving advice, or makes or intentionally
refrains from making a recommendation, to the principal; or
(c)
exercises an influence that the fiduciary has because of the fiduciary's
position as such over the principal or in the affairs of the principal.