Article 325-28 into force since 01 January 2023

For the purposes of identifying the types of conflict of interest that arise in the course of exercising one of the activities mentioned in I of Article L. 541-1 of the Monetary and Financial Code or a combination of these activities and whose existence may be detrimental to a client's interests, and in particular go against the client's sustainability preferences within the meaning of Point 7 of Article 2 of Commission Delegated Regulation (EU) 2017/565 of 25 April 2016, financial investment advisers take into account, by way of minimum criteria, the question of whether the financial investment adviser, a person employed to provide an advisory service, or a person directly or indirectly linked by way of control to the financial investment adviser, is in any of the following situations, whether as a result of providing the activities mentioned in I of Article L. 541-1 of the Monetary and Financial Code or otherwise:

1. The financial investment adviser or that person is likely to make a financial gain, or avoid a financial loss, at the expense of the client;

2. The financial investment adviser or that person has an interest in the outcome of a service provided to the client or of a transaction carried out on behalf of the client, which is distinct from the client's interest in that outcome;

3. The financial investment adviser or that person has a financial or other incentive to favour the interest of another client or group of clients over the interests of the client;

4. The financial investment adviser or that person carries on the same business as the client;

5. The financial investment adviser or that person receives or will receive from a person other than the client an inducement in relation to a service provided to the client, in the form of monetary or non-monetary benefits or services.