Updated 22/10/2024
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Article 14 - Management of conflicts of interest

Article 14

Management of conflicts of interest

1.   An application for authorisation shall include the following information on the policies and procedures put in place to identify and manage potential conflicts of interest by the applicant CSD in accordance with Article 50:

(a)

a description of the policies and procedures concerning the identification, management and disclosure to the competent authority of potential conflicts of interest and of the process used to ensure that the staff of the applicant CSD is informed of those policies and procedures;

(b)

a description of the controls and measures put in place to ensure that the requirements referred to in point (a) on the management of conflicts of interest are met;

(c)

a description of the following elements:

(i)

the roles and responsibilities of key personnel, especially where they also have responsibilities in other entities;

(ii)

arrangements ensuring that individuals who have a permanent conflict of interest are excluded from the decision making process and from the receipt of any relevant information concerning the matters affected by the permanent conflict of interest;

(iii)

an up-to-date register of existing conflicts of interest at the time of the application and a description of how those conflicts of interest are managed.

2.   Where the applicant CSD is part of a group, the register referred to in point (c)(iii) of paragraph 1 shall include a description of the conflicts of interest arising from other undertakings within the group in relation to any service provided by the applicant CSD, and the arrangements put in place to manage those conflicts of interest.