This Internal Code of Conduct (hereinafter, the “Regulation”) is prepared in compliance with the norms contained in Law 5 / 2015, of 27 of April, for the promotion of business financing (hereinafter, “Law for the Promotion of Business Financing ”). This Regulation has been approved by the Management Body of CROWDHOUSE WORLDWIDE PFP, SL (hereinafter, “ICROWDHOUSE”).
This Regulation regulates the actions and due diligence by ICROWDHOUSE and people affected by a series of issues, such as:
It is the obligation of all ICROWDHOUSE employees, to the extent applicable to them, and of the competent persons, to know these rules of conduct and ensure their diligent application to the particular function that each of them has to perform in their respective position of work.
The rules contained in this Regulation apply to the following persons:
Hereinafter, reference will be made to all the persons mentioned above with the expression “Subject Persons”.
The Subject Persons must know, comply and collaborate in the application of this Regulation, as well as those aspects of the current legislation applicable to Participatory Financing Platforms that affect their specific scope of activity. To this end, this Regulation will be delivered to all Subject Persons, who must declare their knowledge and acceptance.
The Control Body shall be an organ formed by the Board of Directors or the person designated by it.
It is the responsibility of the Control Body to ensure the application and compliance with the rules established in this Regulation. Likewise, the Control Body will be in charge of controlling the requested authorizations, inquiries and information duties established in this Regulation.
Other powers of the Control Body are:
The Subject Persons must comply with the requirements that the Control Body carries out in order to ensure compliance with the rules established in this Regulation.
El Control Body inform, where appropriate, periodically, and at least annually, at Board of Directors of the Company on the status of compliance with this Regulation.
The Control Body shall inform the Administration Body and / or the committee that it designates of all relevant incidents arising with compliance with the provisions of these Regulations.
At least once a year, the Control Body must prepare a report addressed to the Management Body containing the evaluation of compliance with the regulations describing the main incidents.
Failure to comply with the provisions of this Regulation shall be considered a fault, the severity of which shall be determined in the procedure followed in accordance with the provisions in force. Failure by persons affected by this Regulation who have an employment contract with ICROWDHOUSE will be considered as a labor offense.
The foregoing will be understood without prejudice to the liability that may arise from the provisions of the Law on the Promotion of Business Financing and regulations that develop it and the civil or criminal liability that in each case is required of the defaulter.
In the exercise of their functions, the Subject Persons must:
"Confidential Information" shall be considered all information of a specific nature that refers directly or indirectly to ICROWDHOUSE or any of its clients, which is not public, as well as any information obtained under a professional commitment of confidentiality that is not public. In particular, it will be considered Confidential Information regarding the economic-financial situation of ICROWDHOUSE or its clients.
Any Subject Person who has Confidential Information must refrain from carrying out any of the following behaviors on their own or another's account, directly or indirectly:
In case of reasonable doubt about whether certain information is confidential or not, the Subject Persons should consult the Control Body before carrying out any of the behaviors described in the previous points of this section.
Likewise, the Subject Persons must safeguard the Confidential Information they possess, taking appropriate measures to prevent such information from being subject to abusive or unfair use and, in case of knowing that it has been produced, the necessary ones to correct the consequences of it. have been derived.
The communication of information to service providers or external auditors is excluded from the previous prohibitions when the information is necessary for the exercise of their functions or in the cases that legally proceed or that the Control Body on the basis of its specific functions and expressly founded manner so authorize.
During the phases of study, preparation or performance of any type of ICROWDHOUSE activity, the following measures will be taken:
Conflicts of interest shall be understood as all those circumstances that constitute or may give rise to a conflict with a possible loss or loss of benefit, for a client or plurality of clients or a benefit for a Subject person or for ICrowdHouse.
Conflicts of interest may occur between:
The Subject Persons must know and comply with the provisions of the ICROWDHOUSE Conflict of Interest Management Policy, whose main objectives are:
To identify conflicts of interest that may arise, it will be taken into account whether ICROWDHOUSE or the Subject Persons:
For these purposes it will not be considered sufficient that ICROWDHOUSE can obtain a benefit, if there is also no possible harm to the customer; or that a customer can make a profit or avoid a loss, if there is no possibility of concomitant loss of another customer. In any of the cases described above, the Subject Persons and ICROWDHOUSE will always act by prioritizing the interests of the client over those of the company itself.
The Subject Persons may be subject to potential conflicts of interest by virtue of their family, economic or professional ties or for any other cause, with respect to a specific action, service or operation.
For the purposes of this Conflict of Interest Policy:
Subject Persons may not:
The following rules shall be taken into account in the resolution of conflicts of interest:
Likewise, links other than those expressed that, in the opinion of an external and equitable observer, could compromise the impartial performance of an administrator or employee may be subject to potential conflicts of interest. In case of reasonable doubt in this regard, administrators and employees should consult the Control Body.
The Subject Persons must inform the Control Body of any situation in which a conflict of interest could arise, regarding a specific action, service or operation. The communications must be made in the shortest possible time and, in any case, before making the decision that could be affected by the possible conflict of interest. The Subject Persons must keep the above information updated, communicating any modification or cessation of the communicated situations.
In the event that they were personally affected by a conflict of interest, the Subject Persons will refrain from intervening in the preparatory acts and deciding or, where appropriate, casting their vote, in situations related to the object of said conflict that raise, and they will warn those who are going to make the corresponding decision.
The Subject Persons violate their duty of fidelity to ICROWDHOUSE if they allow or do not reveal the existence of operations carried out by the aforementioned persons with whom there is any type of relationship that may violate the rules contained in this Regulation.
Likewise, in case of doubt about the existence of a conflict of interest, the Subject Persons have the obligation to inform the Control Body, as well as the specific circumstances of the operation subject to possible conflict, for the determination by the Control Body for adequate action in this regard.
Conflicts of interest will be resolved by the head of the affected area. If it affects several areas, it will be resolved by the immediate superior of all of them. If none of the above rules were applicable, it will be resolved by whoever designates the Control Body.
If there is any doubt about the competition or how to resolve the conflict, the Control Body may be consulted.
The resolution of conflicts of interest will always be carried out in accordance with the provisions of the ICROWDHOUSE Conflict of Interest Management Policy and in accordance with the following principles:
The Control Body, based on the experience arising from conflicts of interest that have occurred, must update these regulations regarding conflicts of interest.
When it is considered that the measures adopted are not sufficient to avoid the risk that a client or group of clients may be harmed, the latter must be informed, on a lasting basis, of the nature of the conflict and of the other circumstances that allow him to take a reasoned decision about the investment service to contract with ICROWDHOUSE.
The ICROWDHOUSE Conflict Management Policy of Interest will be published on the corporate website www.icrowdhouse.com. Also, a copy of it is available to customers at the headquarters of ICROWDHOUSE.
There is a possibility that customers (Promoters and investors) are derived from people subject to the ICrowdHouse Platform, should they occur:
The Origin of the Promoter will be identified in each Project, if it comes through a subject or directly via the web;
Deriving a client (Promoter or Investor) by Subject Persons may not imply possible damage or loss of profit, for the clients or plurality of ICrowdHouse clients.
It will also be identified if the Client has had links in the past with any person subject regardless of whether the Project has come directly via the Web.
ICROWDHOUSE, the Subject Persons and the spouses or persons with whom they live in an analogous relationship of affection, as well as their relatives until the second degree of consanguinity or affinity:
They may only participate in projects published on their website in accordance with the following requirements:
ICROWDHOUSE cannot participate in projects published by other participatory financing platforms.
You can only publish projects that are promoters on your own website according to the following requirements: