 |
 Management Policy for Conflict of
Interest (Outline)
>Categories of Transactions
Which May Involve Conflict of
Interest, Examples and How to
Manage Transactions
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Categories of Transactions Which May Involve Conflict of Interest, Examples and How to Manage Transactions
(1) Categories of Transactions Which May Involve Conflict of Interest Categories of transactions which may involve a conflict of interest are outlined below. However, these categories are merely guidelines for judgment and not all situations that fall into these categories necessarily involve a conflict of interest: Additions and revisions may be made in the future as required,.
1) When there is a conflict of interest between Shinsei Trust and a customer
2) When there is a conflict of interest between Shinsei Trust's customer and another customer
3) In situations similar to 1) or 2) above and when the interests of customers are unfairly impaired in other ways
Shinsei Trust shall take general circumstances, including any influence on Shinsei Trust Group's reputation, into consideration to judge if a conflict of interest is involved or not.
(2) Examples
Examples of transactions which may involve conflict of interest shall include the following. If a conflict of interest is identified in a given transaction, Shinsei Trust shall try to protect customers appropriately through one or a combination of the methods below and/or other methods.
1)Examples of Situations Described in (1) 1) and Countermeasures
| Examples |
Countermeasures |
| A. Offering both trust services and sales of beneficial interests to the same customer |
a) Transactions assigned to specific staff; separation of information.
b) Change in conditions of transaction
c) Suspension of one transaction
d) Disclosure of information to customer
e) Other methods
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| B. When the proposed structure for trust service or sales of beneficial interests includes the participation of Shinsei Trust Group Companies as lenders, servicers, arrangers, asset managers or in other capacities. |
| C. When priority is given to Shinsei Trust's interests over those of the customer with regard to sales of beneficial interests transactions |
| D. Any transactions other than those outlined above which contravene the regulations on abuse of a dominant bargaining position or arms-lengths transactions, or which may unfairly damage customers' interest as prescribed under the provisions of the Banking Act and the Financial Instruments and Exchange Act |
| E. Transactions, other than outlined above, between entrusted assets and the trust bank's own assets, and transactions involving interested parties, as prescribed by the Trust Act and Trust Business Act |
2)Examples of Situations described in (1) 2) and Countermeasures
| Examples |
Countermeasures |
| A.Transactions between trust accounts |
a)Transactions assigned to specific staff; separation of information.
b)Change in conditions of transaction
c)Suspension of one transaction
d)Disclosure of information to customer
e)Ensure transaction terms are the same for all customers
f)Other methods (stipulated separately)
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| B.Brokerage for both sellers and buyers in beneficial interests transactions |
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