Personal Accountability
HC-10.2.2
Each
approved person should understand that under the Company Law he is personally accountable to theinvestment firm licensee and the shareholders if he violates his legal duty of loyalty to theinvestment firm licensee , and that he can be personally sued by theinvestment firm licensee or the shareholders for such violations.January 2011HC-10.2.3
The duty of loyalty includes a duty not to use property of the
investment firm licensee for his personal needs as though it was his own property, not to disclose confidential information of theinvestment firm licensee or use it for his personal profit, not to take business opportunities of theinvestment firm licensee for himself, not to compete in business with theinvestment firm licensee , and to serve theinvestment firm licensee's interest in any transactions with the company in which he has a personal interest.January 2011HC-10.2.4
For purposes of Paragraph HC-10.2.3, an
approved person should be considered to have a "personal interest" in a transaction with the company if:(a) He himself;(b) A member of his family (i.e. spouse, father, mother, sons, daughters, brothers or sisters); or(c) Another company of which he is a director orcontroller ,is a party to the transaction or has a material financial interest in the transaction. (Transactions and interests which are de minimis in value should not be included.)
January 2011