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Article 321-47 into force since

  • Version into force since
ELI : /en/eli/fr/aai/amf/rg/article/321-47/20180103/notes

In order to detect conflicts of interest that could damage a UCIT' interests for the purposes of Article 321-46, the asset management company shall at least take into account the possibility that the persons referred to in Article 321-46 might find themselves in one of the following situations, whether as a result of providing management of a UCITS or other activities:

  1. The asset management company or that person is likely to make a financial gain or avoid a financial loss, at the expense of the UCITS;

  2. The asset management company or that person has an interest in the outcome of a service provided to a client or a UCITS, or of a transaction carried out on behalf of the client or the UCITS, which is distinct from the UCITS' interest in that outcome;

  3. The asset management company or that person has a financial or other incentive to favour the interest of another client or a group of clients or a UCITS over the interest of the UCITS to whom the service is being provided;

  4. The asset management company or that person carries on the same business for the UCITS as the client;

  5. The asset management company or that person receives or will receive from a person other than the UCITS an inducement in relation to a service provided to the UCITS in any form whatsoever, other than the commissions or fees usually charged for such service.