Entire Section

  • CIR 8.3.1 CIR 8.3.1

    (1) The Fund Manager and, if it is a Fund structured as an Investment Trust, the Trustee, must take reasonable steps to ensure that in any dealing in relation to the Fund Property such dealings do not give rise to a conflict of interest.
    (2) Where a conflict of interest arises, whether in dealings with Related Parties or otherwise, the Fund Manager and, if appointed, the Trustee, must disclose to the Unitholders the nature of the conflict and how the conflict will be managed.
    (3) The Fund Manager must take reasonable steps to establish and implement remuneration policies and practices which:
    (a) are consistent with sound and effective risk management of the Funds it manages; and
    (b) do not, to the extent practicable, encourage risk-taking inconsistent with the investment objectives and risk profile of such Funds.
    Derived from RM72/2010 (Made 11th July 2010). [VER13/07-10]
    [Amended] RM195/2016 (Made 7th December 2016). [VER22/02-17]
    [Amended] DFSA RM218/2018 (Made 22nd February 2018) [VER23/12-18]

    • CIR 8.3.1 Guidance

      GEN Rule 4.2.12 (Principle 12) requires an Authorised Firm to have remuneration structures and strategies which are well aligned with the long term interests of the firm, and are appropriate to the nature, scale and complexity of its business. That requirement is extended under CIR Rule 8.3.1(3) to cover remuneration practices relating to Funds which a Fund Manager manages.

      [Derived from] DFSA RM218/2018 (Made 22nd February 2018) [VER23/12-18]