Conflict of interests

You are reading current version in effect from 25 November 2019
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You are reading current version in effect from 25 November 2019

Guidance

Guidance

Investment schemes - Warning notice

Warning notice: This warning notice sets out the dangers of becoming involved in and facilitating dubious investment schemes.

Offering inducements to potential clients or clients - Guidance

Guidance: Understand your professional obligations and the issues you need to consider before offering inducements to existing or prospective clients.

Putting matters right when things go wrong, and own interest conflicts - Guidance

Guidance: To outline certain key considerations for putting matters right when you identify that things have gone wrong through the fault of you or your firm.

Conflicts of interest - Guidance

Guidance: To help you to understand your obligations in relation to conflicts.

Conflict of interest - Case studies

Case studies: To be read in conjunction with our conflicts of interest guidance.

Advising on leasehold provisions including ground rent clauses - Guidance

Guidance: To help you understand what our Standards and Regulations require when acting for clients who are buying leasehold properties and to avoid possible breaches of our requirements.

Glossary terms

own interest conflict

means any situation where your duty to act in the best interests of any client in relation to a matter conflicts, or there is a significant risk that it may conflict, with your own interests in relation to that or a related matter

conflict of interest

means a situation where your separate duties to act in the best interests of two or more clients in relation to the same or a related matters conflict.

client

means the person for whom you act and, where the context permits, includes prospective and former clients

in the SRA Financial Services (Scope) Rules, in relation to any regulated financial services activities carried on by an authorised body for a trust or the estate of a deceased person (including a controlled trust), means the trustees or personal representatives in their capacity as such and not any person who is a beneficiary under the trust or interested in the estate

substantially common interest

means a situation where there is a clear common purpose between the clients and a strong consensus on how it is to be achieved

competing for the same objective

means any situation in which two or more clients are competing for an "objective" which, if attained by one client, will make that "objective" unattainable to the other client or clients, and "objective" means an asset, contract or business opportunity which two or more clients are seeking to acquire or recover through a liquidation (or some other form of insolvency process) or by means of an auction or tender process or a bid or offer, but not a public takeover