A Conflict of Interest is defined to be any activity or relationship which places the Broker’s interest in conflict with those of the client. Brokers have a duty to act in their client’s best interests and where Broker interests conflict with those of their clients, it creates the appearance of impropriety. Consider if your advice or recommendation would be different if the situation generating the potential Conflict of Interest did not exist.

A number of specific situations increase the likelihood of perceived or actual Conflicts of Interest and may be signs of heightened risk. Brokers must avoid entering into the following relationships with clients, unless the client is a close immediate family member and the relationship is disclosed and approved by the Insurer.

These include:

  • The Broker either borrowing money from or lending to the client
  • Recommendations about non-conventional investment opportunities
  • General Powers of Attorney over the client’s financial affairs
  • Designations of beneficiaries, trustees and/or executors
  • Transactions in which the Broker is the owner or contingent owner of the policy

Brokers must always disclose the Conflict of Interest within their personal Disclosure Document to allow the client to make an informed decision about continuing their business relationship in light of the conflict. Please note that the need to disclose Conflicts of Interest applies on an on-going basis and not just at time of initial sale. If the conflict is material, the Broker must remove themselves from the conflict.
 
In order to read more on this subject, please reference the Insurance Council of B.C. Conflict of Interest Guideline Document which we have posted to HUBLINK. Although this is currently a B.C. Council guideline, it is a sound reference document and is anticipated to be adopted by all Regulators.

Remember, 
Good Business is Compliant and Compliance Matters!