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Business relationship responsibilities in the context of institutional investors

Business relationship responsibilities


in the context of institutional investors





The OECD has previously concluded in a paper on the scope and application of business relationships in the financial sector that a relationship between an investor and investee company including a minority shareholding can be considered a "business relationship " under the OECD Guidelines.


Hence investors, even those with minority
shareholdings, may be directly linked to adverse impacts caused or contributed to by investee companies as a result of their ownership in, or management of, shares in the company causing or contributing to certain social or environmental impacts. In other words, the existence of RBC risks (potential impacts) or actual RBC impacts in an investor’s own portfolio means, in the vast majority of cases there is a “direct linkage” to its operations, products or services through this “business
relationship” with the investee company.


As a result, investors are expected to consider RBC risks throughout their investment process and to use their so-called “leverage” with companies they invest in to influence those investee companies to prevent or mitigate adverse impacts. However, investors are not responsible for addressing those adverse impacts themselves.





In some limited circumstances, adverse impacts caused by companies associated with an investment will not be directly linked to an investor’s own operations, products or services (e.g. their own portfolio). For example, in circumstances where an investor buys shares or other equity in a joint venture (JV) company,it will have an investor-investee business relationship with that JV company.




However, if one of the JV partners is causing/contributing to adverse impacts (e.g. forced labour) through a separate, unrelated project (i.e. which the investor has no investment, ownership or other connection with), the investor is not directly linked to the forced labour impacts through its investment in the JV. However since there may be a risk of similar behaviour in the projects operated by the JV company, if the investor becomes aware of this situation, it should trigger ‘heightened ongoing due diligence’ on the JV.




Dr. Chao
24-April-2017




凡事唯有投入,結果才能深入; 凡事唯有付出,結果才能傑出; 凡事唯有磨鍊,結果才能熟練; 凡事唯有不煩,結果才能不凡。
能與智者同行,你會不同凡響;能與高人為伍,你能登上巔峰。
你雖不能改變環境, 但卻可以轉換心境;你雖不能樣樣勝利,但卻可以事事盡力。
Dr. Chao Yuang Shiang (PH.D in management), Assistant Professor,Dep. of Finance & Institute of financial management, Nan Hua University.
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