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Finary est agréé MiCA : investissez en crypto sur une plateforme régulée par l'AMF
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In accordance with the regulations applicable to it, Finary has implemented a policy aimed at preventing and managing the conflicts of interest liable to arise upon the provision of its services, or of a combination of these services, to one or more of its clients.
This policy covers all of Finary's activities.
A conflict of interest is defined as a prejudicial conflict between the interests of Finary and those of its clients, or between the interests of several of Finary's clients. Various situations are liable to arise in the context of Finary's activity:
For crypto-asset services, these situations are also assessed with regard to the “linked persons” within the meaning of Article 72 of MiCA, in particular the members of the management body, the staff members and any person linked to Finary by a direct or indirect control relationship.
Finary has established an arrangement falling under the responsibility of the Head of Compliance, who ensures, in complete independence, the implementation of preventive measures and control measures in respect of conflicts of interest. All of Finary's staff members are subject to it.
This arrangement rests in particular on rules of professional ethics, a mapping and a register of conflicts of interest, framework measures applicable to staff members, reporting channels (including the internal whistleblowing system, which guarantees the protection of its author) and first- and second-level controls, described in the following sections.
Finary ensures compliance, by its staff members, with the professional obligations to which they are subject in the exercise of their activities, as well as with the applicable regulatory provisions. This arrangement operates at several levels.
Professional ethics. Finary's rules of professional ethics, to which all staff members are subject, guarantee the primacy of clients' interests and the prevention of conflicts of interest. Each staff member has the obligation to behave with loyalty and to act fairly in the interest of clients, while respecting the integrity, transparency and security of the market. Regular training is provided to staff members.
Mapping and register. Finary has carried out an inventory of the situations that may give rise to a conflict of interest, taking into account its size, its organisation and the nature and complexity of its activities. This mapping is reviewed at least annually and upon any launch of a new service. Situations of established conflicts of interest are recorded in a register, updated on an event-driven basis and listing the remediation measures taken.
Framework measures. Finary implements in particular: a formal process for the prior assessment of new products and services; rules governing the personal transactions of staff members; rules governing the acceptance of gifts and benefits; a process for the declaration of external mandates and activities; and remuneration principles designed so as not to encourage the interests of Finary or of its staff members to prevail over those of clients.
Protection of confidential information. Staff members are bound by professional secrecy and by a strict compartmentalisation of non-public information, including after their departure from the company.
Control structures. Through a two-level control system, comprising permanent control ensured internally and independent periodic control, Finary ensures more particularly: the separation of functions; the control of the circulation of confidential information; compliance with the provisions applicable to staff members exercising sensitive functions; and the establishment and maintenance of the mapping and the register of conflicts of interest.
Any staff member who identifies a situation of conflict of interest, whether actual or potential, must report it without delay to the Compliance function, which assesses it and determines the appropriate treatment measures. Reports may also be made through the channel of Finary's internal whistleblowing system. Any person in a situation of conflict is removed from the corresponding decisions. Established cases, their assessment and the measures taken are recorded in the register, kept for at least five years and held at the disposal of the competent authorities.
In the event that Finary were to find that the measures deployed are insufficient to guarantee, with reasonable certainty, that the risk of harming a client's interests will be avoided, Finary will clearly inform the client concerned, in sufficient detail, on a durable medium and before acting in their name, of the general nature or the source of these conflicts of interest, so that the client may make an informed decision. Recourse to this information is a measure of last resort.
This policy, published on Finary's website, ensures the information provided for by Article 72 of MiCA: it describes the general nature and the sources of the conflicts of interest liable to arise in the context of Finary's services, including its crypto-asset services, as well as the measures taken to mitigate them.
This policy is reviewed at least once a year, as well as upon any significant legislative, regulatory or organisational change.
In addition to this policy, Finary has implemented a comprehensive arrangement intended to prevent and manage situations of conflicts of interest:
