A Conflict of Interest Waiver is essential in Hong Kong's business environment where complex corporate relationships and professional services often create situations requiring careful management of conflicting interests. This document is typically used when a director, officer, or professional service provider needs to proceed with a transaction or arrangement despite having a conflict of interest. The waiver ensures compliance with Hong Kong's legal framework, including the Companies Ordinance and common law fiduciary duties, while providing protection for all parties involved. It's particularly crucial in regulated industries where strict compliance requirements exist, and for listed companies subject to the Hong Kong Stock Exchange's requirements. The document should include comprehensive disclosure of the conflict, acknowledgment of understanding by all parties, and clear waiver provisions that are enforceable under Hong Kong law.
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1. Parties: Identification of all parties involved in the conflict situation and waiver
2. Background: Context and circumstances leading to the conflict of interest situation
3. Definitions: Key terms used in the waiver, including specific definitions of conflicts and relationships
4. Conflict Disclosure: Detailed description of the actual or potential conflict of interest
5. Acknowledgment of Disclosure: Confirmation that all material information has been disclosed and understood
6. Waiver Provisions: Express waiver language and scope of the conflict being waived
7. Duration and Termination: Period for which the waiver is valid and circumstances for termination
8. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
9. Execution: Signature blocks and execution requirements
1. Regulatory Compliance: Required for regulated entities or listed companies, addressing specific regulatory requirements
2. Professional Services Scope: Used when the waiver involves professional service providers, detailing the scope of services
3. Limitations and Reservations: Specific limitations or exceptions to the waiver
4. Confidentiality: Required when sensitive information is disclosed as part of the conflict explanation
5. Future Conflicts: Addressing potential future conflicts and how they will be handled
6. Independent Legal Advice: Confirmation of receiving independent legal advice, recommended for complex situations
1. Schedule 1 - Detailed Conflict Description: Comprehensive explanation of complex conflict situations
2. Schedule 2 - Related Parties: List of all related parties and their relationships relevant to the conflict
3. Schedule 3 - Disclosed Information: Details of all material information disclosed regarding the conflict
4. Appendix A - Supporting Documents: Relevant supporting documentation referenced in the waiver
5. Appendix B - Corporate Authorizations: Required corporate approvals and authorizations for the waiver
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Professional Services
Banking
Investment Management
Legal Services
Corporate Services
Real Estate
Insurance
Asset Management
Consulting
Relevant Teams
Legal
Compliance
Corporate Governance
Risk Management
Board Secretariat
Investment
Corporate Advisory
Trust Services
Executive Management
Internal Audit
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Board Director
Company Secretary
Compliance Officer
Legal Counsel
Investment Manager
Fund Manager
Trustee
Financial Advisor
Independent Director
Executive Director
Non-Executive Director
Risk Manager
Corporate Governance Officer
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