1. Legislative framework
As from 30 April 2014 the “AssurMiFID –code of conduct” applies. This code finds its legal basis in the law of 30 July 2013 for the promotion of protection of the consumers of financial products and services, as well as the competencies of the FSMA and diverse providsions as well as the Royal Decree of 21 February 2014 on the regulations for the application of the articles 27 until 28bis of the law of 2 August 2002 concerning the supervision of the financial sector and the financial services on the insurance branche and Royal Decree of 21 February 2014 concerning the determined code of conduct and regulations of policy of conflict of interests under the law, concerning the insurance branche.
In accordance with this code of conduct our office is obliged to establish a written policy for the procedutres of conflixt of interests in rendering servicesof insurance mediation.
The legel regulations concerning conflict of interests is an addition to the general MiFID basic rules. These basic rules are respected by our office by putting the interests of the client first in rendering services of insurance mediation in a loyal, reasonable, and professional manner.
2. Which conflicts of interents?
Our office has identified the the possible conflicts of interests that can be encountered.
Conflicts of interests may occur between (1) our office and its attatched persons and a client ot (2) between multiple clients. The policy regarding conflicts of interests takes into account the particular characteristics of our office and its possible groups structure.
In the assessments of possible conflicts of interests our office has mapped out the situations in which there is considerable risk that the client’s interest may be compromized. The situations are as follows:
• Situations whereby a profit or a loss results at the expense of the client;
• Situations in which our office has a different interest in the result of the service or transaction;
• Situations with a financial motive to favor other clients;
• Situations in which the same company is practised as the client;
• Situations in which our office receives a renumeration from another person than the client for the rendered services other than the vwaarbij ons kantoor een vergoeding ontvangt van een andere persoon dan de cliënt of insurance mediation;
• Situations in which our office holds the voting right of the capital of the insurance company/companies of least 10%;
• Situations in which the insurance company/companies hold(s) voting right of at least 10% of the capital of our office;
{Only add if applies:
• Situations unique to our office: e.g. group structuren (e.g. bancassurance or assurfinance) or associated activities ( e.g. banking agent, real estate broker).
3. Which measures does our office take
Our office takes many measures to assure that the interest of the client prevales.
These measures include, among others:
• An internal briefing note;
• An adjusted recompensation policy;
• A policy that assures that the persons involved only mediate for insurance policies of which they are awere of the essential features and are able to explain these to the clients;
• A policy that reserves the right for our office to refuse the requested service in case of failing of a concrete solutions with the sole objective of protecting the client’s interests;
• An arrangement regarding the reception of benefits;
• A policy that assures that all information which our persons involved provide is correct, clear, and not misleading.
If necessary, the policy regarding conflict of interest of our office will be adjusted and/or updated.
4. Specific transparancy
When in a particular situation our measures offer you insufficient guarantee, you will be informed by our office about the general nature and/or the sources of the conflict of interests, so you can take well-considered decisions. You can always contact us for more information.