1. Purpose and scope
Under the Financial Regulatory Services Act of 2010, we maintain an effective organizational and administrative structure with a view to taking all reasonable steps to identify, assess and manage conflicts and potential interests.
This document summarizes the policy that has been put in place and provides essential information about the measures taken to protect their interests.
Our Conflict of Interest Policy defines how:
– We identify the circumstances that give rise to or are likely to give rise to a conflict of interest involving a tangible risk of harming the interests of the client,
– We define the procedures to be followed as well as the measures to be taken to manage these conflicts of interest,
– And we maintain systems designed to prevent any real damage to the interests of the client in the event of a conflict of interest.
2. Identify a conflict of interest
Under the auspices of the Financial Services Regulatory Act of 2010, notwithstanding the department of the company concerned, there is a conflict of interest when, in the context of providing a service to a client, the execution of the service benefits to the company (or to another client on whose behalf it is acting or to a person directly or indirectly related to the company through a control relationship), while at the same time being liable to harm the interests of the client for whom the service is provided is provided.
The risk of a conflict of interest exists when Orange Capital Partners (Pty) Ltd (or a customer or a person directly or indirectly related to the company) through a control relationship:
– Is likely to make a financial gain or avoid a financial loss at the expense of the customer,
– Has an interest in the result of the service provided to the customer or the transaction carried out on behalf of the customer, which is different from the interest of the customer,
– Is encouraged, for financial or other reasons, to favor the interests of another customer or a group of customers in relation to the customer concerned,
– Executes the same professional activity as the customer,
– Receives or receives from a person other than the customer an advantage in relation to the service provided to the customer, in the form of money, goods or services, other than the commission or fees normally charged for this service.
When a business relationship with Orange Capital Partners (Pty) Ltd is likely to cause conflicts of interest or to have an adverse effect on the company’s risk profile, it must be submitted to the Board for approval. Any business relationship must be established in the interest of the company that is to say it must be in competitive financial conditions, it must respect its liquidity and solvency, it must return under acceptable risk conditions to ensure sound and prudent management of the company.
Potential conflicts of interest identified include:
– Conflicts of interest between our clients with opposing interests,
– Conflicts of interest due to conflicting interests between the institution and the client as to a particular outcome,
– Conflicts of interest due to a discrepancy between the personal interests of the institution or its staff and the interests of the client.
3. Policies and procedures
We have well-established internal policies and procedures designed to manage potential conflicts of interest. These policies and procedures, which have been designed to ensure the required level of independence, are subject to a continuous process of evaluation and review, and include but are not limited to:
Information Segregation
We apply procedures that control the exchange of information between employees and / or between different departments of the company, in cases where the interests of one client could conflict with the interests of another customer or ours, or those of a person related to us directly or indirectly through a controlling relationship.
We have well-established information silencing policies and procedures designed to manage confidential information and prevent the untimely transmission of confidential information
Separate control and separation of duties:
When it appears appropriate, a separation of the control and / or functions of our employees and / or departments carrying out activities for clients whose interests could be in conflict with the interests of a customer, ours or those of a Related Person, has been set up. These measures are designed to avoid the simultaneous involvement of a data subject in separate services or activities, where such involvement may be detrimental to the proper management of conflicts.
Disclosure:
Where there is no other alternative for the management of a conflict of interest or where, from our point of view, the measures in place do not sufficiently protect the interests of the client, the existence of the conflict of interest interest will then be revealed to the client. And this, so that it is able to make an informed decision on his willingness or not to maintain his business relationship.
Refusal to intervene:
When we consider that we are unable, in any way, to manage a conflict of interest, we can refuse to act for the client.
Should you wish to receive more detailed information on our conflict of interest policy, please reach out to us.