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Legal Notice

1/ Legal information about our company

PHOENIX CAPITAL SRL

Registered office:
Chaussée de Louvain 233
B-1410 Waterloo (Belgium)

Phone: +32 (0) 2 340 18 29
Email: info@phoenix-cap.com
Company number / VAT number: BE 0676 729 507

Legal framework
The company has been registered in Belgium since July 11, 2017, in the register of insurance intermediaries, as an insurance broker, with the Financial Services and Markets Authority (« FSMA », Rue du Congrès 12-14, B -1000 Brussels, www.fsma.be) under the number 0676 729 507 (formerly number 116248 A).

In accordance with article 266 of the Law of April 4, 2014 on insurance (Belgian Official Gazette, April 30, 2014), the company is also authorized to exercise its insurance distribution activities under the freedom to provide services framework, since February 24, 2018, in the territories of the following countries: Spain, France and Luxembourg.

As part of its activity as an insurance broker, Phoenix Capital is subject to the following regulations:

  • Part 6 of the Law of April 4, 2014, on insurance (Belgian Official Gazette, April 30, 2014);
  • The Royal Decree of June 18, 2019, implementing Articles 5, 19 ° / 1, 264, 266, 268 and 273 of the Law of April 4, 2014, relating to insurance (Belgian Official Gazette, June 25, 2019).

As a distributor of insurance products, the company is also subject to a Code of Conduct on monetary and non-monetary inducements. This Code of Conduct was approved and annexed to a Royal Decree of June 17, 2019 (Belgian Official Gazette, June 21, 2019).

As part of its family office activity, Phoenix Capital is subject to the Belgian law of April 25, 2014, on the status and control of independent financial planners and the provision of financial planning consultations by regulated companies (Belgian Official Gazette, May 27, 2014).

The aforementioned law aims to protect the public in two ways: (i) by establishing a control to the access of the financial planner activity, and (ii) by enacting rules of conduct applicable to independent financial planners and to regulated companies that supply financial planning consultations.

Phoenix Capital, as an insurance broker, is a regulated company and thus has access to the profession of financial planner. The company can deliver financial planning services by respecting the rules of conduct provided for in the aforementioned law.

Guarantee of independence

We confirm:

  • that we do not hold any direct or indirect participation representing 10% or more of the voting rights or the capital of an insurance company;
  • that no insurance company or parent company of an insurance company has a direct or indirect participation representing 10% or more of our voting rights or our capital;
  • that we have not entered into any contract for the provision of services with an insurance company that goes beyond the insurance distribution business.

Periodic reports
Phoenix Capital shall provide « periodic reports » to its clients (i) regarding the insurance policies entered into through its intermediary, and (ii) regarding the services provided.

2/ General conditions for the provision of insurance distribution services

Our services
We offer insurance distribution services which consist of providing advice on insurance policies, proposing insurance policies or carrying out other preparatory work preceding their conclusion, entering into such policies, or contributing to their administration and execution, in particular in the event of a claim. We offer our services for risks located in Belgium but also, under the freedom to provide services framework, in the following countries: Spain, France, Luxembourg.

Our distribution and advisory services are completely independent. Because of our broker status, we work independently of any insurance company and we act to protect your interests, by advising you on solutions that meet your needs and by representing you vis-à-vis insurance companies.

We always provide you with advice based on an impartial and personalized analysis, unless you expressly renounce it.

Rules of Conduct
Our company is required to comply with the rules of conduct for insurance distribution as determined in particular in the Law of April 4, 2014 on insurance. Information on how our office complies with these rules of conduct (including our office’s conflict of interest policy) can be provided to you on request.

Information through the Phoenix Capital website
In accordance with legal provisions, our company makes use of the website www.phoenixcap.com for the communication to its customers of certain pieces of information. The use of a website to inform a customer is considered appropriate for the context in which our business is carried out if it is proven that this customer has regular access to the internet. The provision by the client of an email address as a means of communication for the purpose of conducting business with our office constitutes proof of such regular access.

Correct and complete information
The quality of our services depends on the quality of the information that you communicate to us. This is why it is important that you provide our company with correct and complete information, both before entering into an insurance policy and during the execution of that policy. If you provide incorrect or incomplete information, our company cannot be held responsible for the consequences. As part of our services, you will receive various documents from our company. It is your responsibility to read them carefully, our company being at your disposal for any explanation or possible remarks. In all cases, it is your responsibility to verify that the documents submitted to you meet your requirements and needs. Please check that the documents transmitted are correct and report any anomalies to us.

Complaints handling
Our company aims to satisfy its customers. In case of problem or question, our company is at your disposal. If you have a complaint about our service that we are unable to resolve by mutual agreement, you can contact the Insurance Ombudsman Service, whose head office is located at Square de Meeûs 35 in 1000 Brussels - Tel: 02 / 547.58.71 - Fax: 02 / 547.59.75 - info@ombudsman.as - www.ombudsman.as.

Confidentiality of data
Each party, our company and you as a client, undertakes not to disclose to third parties confidential information concerning the other party of which it may have become aware within the framework of this collaboration with the exception of information which must be communicated to third parties for the proper performance of the contract (for example insurer, reinsurer, expert, etc.) and legal exceptions.

Fight against money laundering and terrorist financing
With the will to participate in the fight against money laundering and the financing of terrorism and in application of the law of September 18, 2017, on the prevention of money laundering and the financing of terrorism and on the limitation of the use of cash, you agree to answer the questions that our company is required to ask you in this context and to provide the documents required on the first request.

Applicable Law
These terms and conditions are governed and interpreted in accordance with Belgian law. French version will prevail.

To obtain the most recent version of these general terms and conditions for the provision of insurance intermediation services, you are free to request it from us at any time by sending us an email or letter.

3/ Information relating to the types of contracts that our office can offer

Phoenix Capital offers insurance distribution services. These services consist of providing advice on insurance policies, presenting or proposing insurance policies or carrying out other preparatory work that precede their conclusion or entering into them, or contributing to their administration and execution.

Our company operates in the following branches:

“Life” activity group

  • Branch 21: Life insurance not linked to investment funds with the exception of nuptiality and birth insurance.
  • Branch 23: Life insurance, nuptiality and birth insurance linked to investment funds.
  • Branch 26: Capitalization operations

Information with regard to the description of the nature and risks associated with savings and investment insurance is available on the life insurance financial information sheets, on the website http://www.wikifin.be and by clicking on the links below: branch 21 - branch 23. This information also appears in the Key Information Documents ("KID") of the various insurance products and can be sent to you upon request.

4/ Policy on conflicts of interests

4.1. General framework
The “AssurMiFID” rules of conduct applicable to the insurance sector have entered into force on April 30, 2014. Under these rules of conduct, our company is required to develop a written policy relating to the management of conflicts of interest with regard to the provision of insurance intermediation services.

Our first priority is to act in an honest, fair and professional manner that best serves the interests of its clients.
In this context and, in accordance with the law, our company has taken adequate measures to identify, prevent and manage conflicts of interest that may arise in the course of its activities.

Taking into account the above and the characteristics of our activities, our office has developed a conflict of interest management policy of which this document is a summary. On request, you can obtain additional information which will be provided to you on a durable medium.

4.2. Identification of cases of potential conflicts of interest
Conflicts of interest may arise between:

  • our company (including any person related to it, such as, for example, directors, managers, people who exercise control over the company, employees involved in the provision of insurance intermediation services and - agents - hereinafter « related persons ») and customers;
  • clients among themselves

Taking into account the characteristics of our company, we have identified potential cases of conflicts of interest. Here are a few examples:

  • Situation in which a financial profit can be realized or a financial loss avoided at the expense of the client;
  • Our company has an interest in the result of an insurance mediation service or of a transaction that is different from the interest of the client;
  • Our company is encouraged, for financial or other reasons, to prioritize the interests of another client or group of clients over those of the client concerned;
  • Our company has the same professional activity as the client;
  • Our company receives from a person other than the client an advantage in relation to the insurance intermediation service provided to the client, in the form of money, goods or services, other than the commission or costs normally charged for this service.

4.3. Management policy on conflicts of interest
Our company has put in place specific measures to manage any conflicts of interest that may arise and to put the interests of our clients first. These include:

  • compliance by staff and any other person related to the company of an internal instruction note setting out the principles and measures to be observed with the view to manage conflicts of interests;
  • an appropriate remuneration policy for staff and any other person linked to the company;
  • A policy which guarantees that the persons concerned only intervene within the framework of insurance policies of which they know the essential characteristics and for which they are able to inform the customers;
  • a policy regarding the acceptance of gifts or other benefits;
  • the establishment of a register of conflicts of interests;
  • organizational measures that guarantee the confidential nature of the data communicated by our clients, in particular a company GDPR file and a policy relating to the security and confidentiality of information;
  • an arbitration advice policy;
  • a policy that foresees that if a specific conflict of interests cannot be resolved, our company reserves the right to deny the request of the client concerned, for the sole purpose of protecting the client’s interests.

4.4. Informing our clients
When the organizational or administrative measures taken by our company to manage conflicts of interests are not sufficient to guarantee, with a reasonable certainty, that the risk of damaging the interests of the client will be avoided, our company will inform them in writing or in any other durable medium, before acting on their behalf, of the general nature and / or the source of these conflicts of interests. The final choice of follow-up reserved for the situation which is the basis of the conflict of interest concerned is up to the client. If a specific conflict of interests cannot be resolved, our company reserves the right to refuse the request of the client concerned, for the sole purpose of protecting their interests.

4.5. Monitoring of the management policy on conflicts of interest
In accordance with the applicable regulations, our company regularly maintains and updates a register of conflicts of interests that arise and that involve a significant risk of harm to the interests of one or more clients. The mention of conflicts of interest in the register can lead to an update of the list of potential conflicts of interests.

Our company regularly assesses its conflict of interests management policy and updates or adapts it if necessary.

Persons linked to our company are required to comply with internal instructions relating to the conflict of interests policy.

5/ Remuneration policy

As part of the provision of insurance intermediation services for our clients, we may receive from third parties, or grant to third parties, remuneration in accordance with ordinary market practices.

We guarantee, through our remuneration policy, that such remuneration and benefits are intended and used for the purpose of maintaining and improving the quality of service to clients and that they comply with what is practiced in the market. We also ensure that these fees do not interfere with the obligation to act in the clients’ best interests.

With regard to branch 21, branch 23 and branch 26 type life insurance, we may, where applicable, depending on the amount of the premium invested, collect entry fees which are recorded on each payment.

We may also receive a recurring management fee. It represents the compensation paid annually by the insurance company for the services provided by Phoenix Capital, such as client relationship management, monitoring of the policy structuring and follow-up of the investments linked to it.

Any additional information relating to the remuneration policy can be obtained by telephone on +32 (0) 2 340 18 29 or by email: compliance@phoenix-cap.com.