Conflicts of interest policy
1. Introduction
Implementing the Investments Services and Activities and Regulated Markets of Law of 2007( Law 144(I)/2007), Hoch Capital Ltd (hereinafter referred to as the “Hoch Capital”) has established a Conflicts of Interest Policy (hereinafter referred to as the “Policy”) in an attempt to take all reasonable steps to identify conflicts of interest between itself, including its managers, employees and tied agents, or any person directly or indirectly liked to Hoch Capital by control and its clients or between one client and another that arise in the course of providing any investments and non-core services, or combinations therefore.
Hoch Capital maintains and operates effective organisational and administrative arrangements with a view of taking all reasonable steps designed to prevent conflicts of interest from adversely affecting the interest of its clients.
2. Conflicts of Interest potentially determined to a client
For the purposes of identifying the types of conflict of interest that arise in the course of providing investment and non-core services or a combination thereof and whose existence may damage the interests of a client, Hoch Capital takes into account, by way of minimum criteria, the question of whether Hoch Capital or a relevant person[1], or a person directly or indirectly linked by control to Hoch Capital, is in any of the following situations, whether as a result of providing investment or non-core services or investment activities or otherwise:
a) Hoch Capital or that person is likely to make a financial gain, or avoid a financial loss at the expense of the client;
b) Hoch Capital or that person has an interest in the outcome of a service provided to the client or of a transaction carried out on a behalf of the client, which is a distinct from the client’s interest in that outcome;
c) Hoch Capital 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;
d) Hoch Capital or that person carries on the same business as the client;
e) Hoch Capital 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 monies, goods or services, other than the standard commission or fee for that service.
3. Conflicts of interest policy
The procedures followed and measures adopted in the Policy include such of the following as are necessary and appropriate for Hoch Capital to ensure the requisite degree of independence:
a) Effective procedures to prevent or control the exchange of information between relevant persons engaged in activities involving a risk of a conflict of interest where the exchange of that information may harm the interests of one or more clients;
b) The 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 Hoch Capital;
c) The removal of any direct link between the remuneration of relevant persons principally engaged in one activity and the remuneration of, or revenues by, different relevant persons principally engaged in another activity, where a conflict of interest may arise in relation to those activities;
d) Measures to prevent or limit any person from exercising inappropriate influence over the way in which a relevant person carries out investments or ancillary or activities;
e) Measures to prevent or control the simultaneous or sequential involvement of a relevant person in separate investment or ancillary services or activities where such involvement may impair the proper management of conflicts of interest.
4. Amendment / Review
The Hoch Capital Investment Committee has the right to amend the current Policy at its discretion and at any time it considers it as suitable and appropriate. The Investment Committee shall review and amend the current policy at least annually.
Where organisational or administrative arrangements made by Hoch Capital to manage conflicts of interests, are not sufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented, Hoch Capital shall clearly disclose the general nature and/or sources of conflicts of interest to the client before undertaking business on its behalf.
Finally, clients can obtain a conflicts of interest policy from our office at:
5 Christaki Kranou, office 201, Germasoya
4047 Limassol Cyprus
Phone: +357 25327100
[1]“relevant person in relation to an investment firm; means any of the following: (a) a director ,partner or equivalent manager or tied agent of the firm; (b) a director, partner or equivalent, or manager of any tied agent of the firm; (c) an employee of the firm or of a tied agent of the firm, as well as any other natural person whose services are placed at the disposal and under control of the firm or a tied agent of the firm and who is involved in the provision by the firm of investment services and activities; (d) a natural person who is directly involved in the provision of services to the investment firm or to its tied agent under an outsourcing arrangement for the purpose of the provision by the firm of investments services and activities;
Implementing the Investments Services and Activities and Regulated Markets of Law of 2007( Law 144(I)/2007), Hoch Capital Ltd (hereinafter referred to as the “Hoch Capital”) has established a Conflicts of Interest Policy (hereinafter referred to as the “Policy”) in an attempt to take all reasonable steps to identify conflicts of interest between itself, including its managers, employees and tied agents, or any person directly or indirectly liked to Hoch Capital by control and its clients or between one client and another that arise in the course of providing any investments and non-core services, or combinations therefore.
Hoch Capital maintains and operates effective organisational and administrative arrangements with a view of taking all reasonable steps designed to prevent conflicts of interest from adversely affecting the interest of its clients.
2. Conflicts of Interest potentially determined to a client
For the purposes of identifying the types of conflict of interest that arise in the course of providing investment and non-core services or a combination thereof and whose existence may damage the interests of a client, Hoch Capital takes into account, by way of minimum criteria, the question of whether Hoch Capital or a relevant person[1], or a person directly or indirectly linked by control to Hoch Capital, is in any of the following situations, whether as a result of providing investment or non-core services or investment activities or otherwise:
a) Hoch Capital or that person is likely to make a financial gain, or avoid a financial loss at the expense of the client;
b) Hoch Capital or that person has an interest in the outcome of a service provided to the client or of a transaction carried out on a behalf of the client, which is a distinct from the client’s interest in that outcome;
c) Hoch Capital 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;
d) Hoch Capital or that person carries on the same business as the client;
e) Hoch Capital 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 monies, goods or services, other than the standard commission or fee for that service.
3. Conflicts of interest policy
The procedures followed and measures adopted in the Policy include such of the following as are necessary and appropriate for Hoch Capital to ensure the requisite degree of independence:
a) Effective procedures to prevent or control the exchange of information between relevant persons engaged in activities involving a risk of a conflict of interest where the exchange of that information may harm the interests of one or more clients;
b) The 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 Hoch Capital;
c) The removal of any direct link between the remuneration of relevant persons principally engaged in one activity and the remuneration of, or revenues by, different relevant persons principally engaged in another activity, where a conflict of interest may arise in relation to those activities;
d) Measures to prevent or limit any person from exercising inappropriate influence over the way in which a relevant person carries out investments or ancillary or activities;
e) Measures to prevent or control the simultaneous or sequential involvement of a relevant person in separate investment or ancillary services or activities where such involvement may impair the proper management of conflicts of interest.
4. Amendment / Review
The Hoch Capital Investment Committee has the right to amend the current Policy at its discretion and at any time it considers it as suitable and appropriate. The Investment Committee shall review and amend the current policy at least annually.
Where organisational or administrative arrangements made by Hoch Capital to manage conflicts of interests, are not sufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented, Hoch Capital shall clearly disclose the general nature and/or sources of conflicts of interest to the client before undertaking business on its behalf.
Finally, clients can obtain a conflicts of interest policy from our office at:
5 Christaki Kranou, office 201, Germasoya
4047 Limassol Cyprus
Phone: +357 25327100
[1]“relevant person in relation to an investment firm; means any of the following: (a) a director ,partner or equivalent manager or tied agent of the firm; (b) a director, partner or equivalent, or manager of any tied agent of the firm; (c) an employee of the firm or of a tied agent of the firm, as well as any other natural person whose services are placed at the disposal and under control of the firm or a tied agent of the firm and who is involved in the provision by the firm of investment services and activities; (d) a natural person who is directly involved in the provision of services to the investment firm or to its tied agent under an outsourcing arrangement for the purpose of the provision by the firm of investments services and activities;
- Internal policies and procedures
- Order execution policy
- Complaints procedure
- Investor Compensation Fund
- Privacy policy
- Client categorization policy