Article 30
Types of conflicts of interest
For the purpose of identifying the types of conflicts of interest that arise in the course of managing an AIF, AIFMs shall take into account, in particular, whether the AIFM, a relevant person or a person directly or indirectly linked by way of control to the AIFM:
(a)
is likely to make a financial gain, or avoid a financial loss, at the expense of the AIF or its investors;
(b)
has an interest in the outcome of a service or an activity provided to the AIF or its investors or to a client or of a transaction carried out on behalf of the AIF or a client, which is distinct from the AIF’s interest in that outcome;
(c)
has a financial or other incentive to favour:
—
the interest of a UCITS, a client or group of clients or another AIF over the interest of the AIF,
—
the interest of one investor over the interest of another investor or group of investors in the same AIF;
(d)
carries out the same activities for the AIF and for another AIF, a UCITS or client; or
(e)
receives or will receive from a person other than the AIF or its investors an inducement in relation to collective portfolio management activities provided to the AIF, in the form of monies, goods or services other than the standard commission or fee for that service.
AIFMs shall ensure that when identifying the types of conflicts of interest, the existence of which may damage the interests of an AIF, they shall include those types of conflicts of interest that may arise as a result of the integration of sustainability risks in their processes, systems and internal controls.