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Conflict Of Interest Waiver

Conflict Of Interest Waiver Template for Ireland

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Key Requirements PROMPT example:

Conflict Of Interest Waiver

"I need a Conflict of Interest Waiver for our company director who will be joining the board of a competitor in March 2025, requiring disclosure of his dual board positions and establishing clear protocols for handling sensitive information."

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Document background
The Conflict of Interest Waiver is a critical document used in Irish business and legal practice to address situations where professional or business interests may conflict. It is commonly required when directors, officers, or key employees have interests in multiple entities or transactions that could potentially conflict with their duties to the company. The document ensures compliance with Irish Companies Act 2014 and related regulations, providing a structured approach to managing conflicts through detailed disclosure and formal waiver processes. It is particularly important in corporate governance, mergers and acquisitions, professional services, and regulated industries where transparency and proper management of conflicts are essential. The waiver typically includes comprehensive disclosure of the conflict, acknowledgment of understanding by all parties, and specific provisions for ongoing management of the situation.
Suggested Sections

1. Parties: Identification of all relevant parties including the company, the conflicted party, and any other affected parties

2. Background: Context of the relationship between parties and the circumstances giving rise to the potential conflict of interest

3. Definitions: Key terms used in the waiver, including specific definitions of 'conflict of interest' and other relevant terms

4. Nature of Conflict: Detailed description of the actual or potential conflict of interest being disclosed

5. Disclosure Statement: Comprehensive disclosure of all material facts related to the conflict of interest

6. Acknowledgment: Statement confirming that all parties understand the nature and implications of the conflict

7. Waiver: Express waiver of the conflict of interest and consent to proceed despite the conflict

8. Duration: Period for which the waiver remains valid

9. Governing Law: Confirmation that the waiver is governed by Irish law

10. Signatures: Execution block for all relevant parties

Optional Sections

1. Board Approval: Required when the conflict involves a director and needs board resolution approval

2. Shareholder Approval: Required for certain types of conflicts that require shareholder approval under Companies Act 2014

3. Regulatory Compliance: Required for regulated entities or when specific regulatory notifications are necessary

4. Mitigation Measures: Description of steps taken to manage or mitigate the conflict, if applicable

5. Revocation Conditions: Circumstances under which the waiver may be revoked

6. Reporting Requirements: Ongoing obligations to report changes or updates regarding the conflict

7. Confidentiality: Required when the conflict involves sensitive commercial information

8. Related Party Transactions: Required when the conflict involves transactions between related parties

Suggested Schedules

1. Schedule 1 - Detailed Conflict Description: Comprehensive description of the conflict situation including all relevant circumstances and relationships

2. Schedule 2 - Supporting Documentation: Copies of relevant documents evidencing the conflict or related circumstances

3. Schedule 3 - Board Resolution: Copy of board resolution approving the conflict waiver, if applicable

4. Schedule 4 - Disclosure Documents: Copies of all disclosure documents provided to relevant parties

5. Appendix A - Compliance Checklist: Checklist confirming compliance with relevant sections of Companies Act 2014 and other applicable laws

6. Appendix B - Risk Assessment: Analysis of potential risks and impacts related to the conflict

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Professional Services

Healthcare

Technology

Legal Services

Construction

Real Estate

Education

Public Sector

Manufacturing

Retail

Consulting

Investment Management

Insurance

Energy

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Board Secretariat

Executive Management

Internal Audit

Corporate Affairs

Regulatory Affairs

Ethics Office

Investment

Operations

Finance

Human Resources

Relevant Roles

Director

Company Secretary

Chief Executive Officer

Chief Financial Officer

Board Member

Managing Director

Partner

Senior Manager

Compliance Officer

Legal Counsel

Risk Manager

Investment Manager

Project Manager

Department Head

Executive Officer

Trustee

Professional Advisor

Independent Director

Industries
Companies Act 2014: Primary legislation governing company law in Ireland, particularly sections 228-229 which outline directors' fiduciary duties and requirements for disclosure of conflicts of interest
Ethics in Public Office Act 1995: Sets out obligations for disclosure of conflicts of interest in public sector positions and requirements for managing such conflicts
Protected Disclosures Act 2014: Relevant for whistleblowing provisions related to reporting conflicts of interest and protections for those who report them
EU Directive 2017/828 (Shareholder Rights Directive II): Implemented in Irish law, contains provisions on related party transactions and conflict of interest management for listed companies
Central Bank of Ireland Corporate Governance Requirements: Regulatory requirements for financial institutions regarding conflict of interest management and disclosure
Competition Act 2002: Relevant for considering potential anti-competitive effects of business relationships where conflicts of interest exist
Criminal Justice (Corruption Offences) Act 2018: Contains provisions relating to corrupt conduct and conflicts of interest that could constitute criminal offenses
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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