The Capital Markets (Collective Investments Schemes) Regulations, 2023

45. Conflict of interest

Edition: 2023-12-15 · In force

45. Conflict of interest

(1)The fund manager shall, in managing the affairs of the collective investment scheme, avoid conflicts of interest and take all reasonable steps to ensure that there is no conflict of interest between—

(a)any affected persons; and

(b)the fund manager’s interest and those of the fund manager’s investors.

(2)The fund manager shall, in managing the affairs of the collective investment scheme, treat the interests of all participants as paramount in all matters.

(3)For the purposes of this regulation, "affected person" includes—

(a)the fund manager;

(b)the trustee;

(c)custodian;

(d)any investment adviser; and

(e)any associate of the fund manager, trustee, custodian or investment advisor, as the case may be.

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Source: Kenya Law