Conflict of Interest
The scope of the Policy is to ensure that No Loss Trades Limited(the Company) complies with all
legislative requirements and the departmental and general internal procedures established by its
Internal Procedures Manual and to take all reasonable steps to identify and manage any conflicts
of interest that may arise between us and any of our clients or between our clients.
The Company is required to establish, implement and maintain a policy on conflicts of interest
and provide information regarding the adequate managing of any conflicts of interest between
itself, including its managers and employees, tied agents or other relevant persons, as well as
any person directly or indirectly linked to them by control, and their clients or between one client
and another that arise in the course of providing any investment and ancillary services.
Identification
Conflicts of interests may include any situation where either the Company or an individual is in a
position to exploit a professional or official capacity in some way for either corporate or personal
benefit.
Situations where conflicts of interest can occur include the following:
- The Company or a relevant person, or a person directly or indirectly linked by control to
the Company, is likely to make a financial gain or avoid a financial loss, at the expense of
the client.
- The Company or a relevant person, or a person directly or indirectly linked by control to
the Company, has an interest in the outcome of a service provided to the client, or of the
transaction carried out on behalf of the client, which is distinct from the client’s interest in
that outcome.
- The Company or a relevant person, or a person directly or indirectly linked by control to
the Company, has a financial or other incentive to favor the interest of another client or
group of clients over the interests of the client.
- The Company or a relevant person, or a person directly or indirectly linked by control to
the Company, carries on the same business as the client.
- The Company or a relevant person, or a person directly or indirectly linked by control to
the Company, 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 money, goods or services,
other than the standard commission or fee for that service.
The affected parties if conflict of interest arises can be the Company, its employees or its clients.
More specifically, a conflict of interest may arise, between the following parties:
- Between the client and the Company.
- Between two clients of the Company.
- Between the Company and its employees.
- Between a client of the Company and an employee/manager of the Company.
- Between Company’s Departments.
b. Independence
The following measures have been adopted by the Company for ensuring the requisite degree of
independence
- Measures to prevent or control the exchange of information between relevant persons
engaged in activities involving a risk of a conflict of interest (i.e. by establishing a Chinese
wall)
- Separate supervision of relevant persons whose principal functions involve carrying out
activities on behalf of, or providing services to, clients whose interests may conflict, or
who otherwise represent different interests that may conflict, including those of the
Company. The Company’s department whose interests may conflict with clients are:
- Dealing Room
- Removal of any direct link between the remuneration of relevant persons principally
engaged with one activity and the remuneration of, or revenues generated by, different
relevant persons principally engaged in another activity, where a conflict of interest may
arise in relation to those activities:
- Dealing room employees do not relate their remuneration with clients’
performance.
- Measures to prevent or limit any person from exercising inappropriate influence over the
way in which a relevant person carries out investment or ancillary services or activities.
Additionally, the person who decides or influences an individual’s award may exert undue
influence over that individual’s integrity of judgment.
- Measures to prevent or control the simultaneous or sequential involvement of a relevant
person in separate investment or ancillary services or activities such as reception and
transmission of clients’ orders and tasks such as portfolio decision making and
calculating performance.
c. The Company’s Senior Management is required to:
- fully engage in the implementation of policies, procedures and arrangements for the
identification, management and ongoing monitoring of conflicts of interest;
- adopt a holistic view to ensure the identification of potential and emerging conflicts within
and across business lines and to ensure that informed judgements are made with respect
to materiality;
- raise awareness and ensure compliance of relevant individuals by ensuring: regular
training (including to contractors and third party service providers’ staff) both at induction
and in the form of refresher training; the clear communication of policies, procedures and
expectations; that awareness of conflicts procedures forms part of the performance
review/appraisal process, and that the best practice is shared throughout the Company.
- sponsor robust systems and controls and effective regular reviews to ensure that
strategies and controls used to manage and mitigate risks remain appropriate and
effective and that appropriate warnings and disclosures are issued to clients where
necessary;
- utilize management information to remain sufficiently up-to-date and informed; and
support an independent review of the processes and procedures in place.
d. Chinese walls
The Company has constructed adequate Chinese Walls, in accordance with the legal
requirements between its departments and has established clear lines of responsibility, in order
to avoid the flow of information held by a person in the course of carrying out a part of its
business to be withheld from or used by persons who are in the process of carrying out another
part of its business.
In particular, physical barriers have been established in order the flow of information is restricted
between employees, access has been limited in relation to information and documentation and
communication has been restricted between certain employees during the course of carrying out
their parts of business.
f. Reporting Conflicts of Interest
In the case of identification of a possible conflict of interest, a staff member must refer it initially to
his immediate supervisor to assist in the assessment of a material risk of damage and send a
completed Notification Form together with full details to allow regulatory scrutiny, of:
- corrective and preventive actions;
- how these actions were considered appropriate;
- any conditions imposed; and
- whether there are still ongoing conflicts, how these are being managed and advised to
the client;
Record keeping
In accordance with the requirements of CySEC, the Company maintains records, which are
regularly monitored and updated, of the kinds of investments and ancillary services or investment
activities carried out by the Company or on its behalf in which there is a risk for conflict of interest
that may damage the interests of one or more clients has arisen.
Any conflict of interest shall be reported to the Company’s CEO and Compliance Officer, who
shall be responsible for keeping records of conflicts of interest.