Encyclopedia

Conflict of interest of the managing company


Conflict of interest of the management company - a conflict of interest of the management company that has entered into a trust management agreement is understood as the presence of an interest, different from the interests of the party to the trust management agreement (the client of the management company), on the part of the management company, and (or) other persons, if they act on behalf of the management company or on their own behalf but at its expense, and (or) its employees, when performing or not performing legal and (or) factual actions affecting the interests of the party to the trust management agreement (the client of the management company) related to the provision of services by the management company. The presence of interests of other parties, whether they act on behalf of the management company or in their own names but at the expense of the management company, as well as the interests of employees of the management company, is determined by the management company if these parties, due to agreements concluded with the management company or for other reasons, or employees of the management company, due to their official duties or for other reasons, participate in the performance or non-performance of legal and (or) factual actions affecting the interests of the party to the trust management agreement (client of the management company) related to the provision of services by the management company1.

  1. Federal Law No. 156-FZ of November 29, 2001 "On Investment Funds", as amended on May 1, 2019, Article 39, paragraph 1.1 // Official Gazette of the Russian Federation. 2001. No. 49. Item 4562. ↩

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