Managing Conflict of Interest - Organisation for Economic Co ...

114 Managing Conflict of InterestSection 11. A Minister is prohibited from committing any act, whichhas the characteristics of exercising control, or issuing an orderrelating to the management of partnership stakes or shares orprocurement of benefits from the partnership stakes or shares.Section 12. A juristic person is prohibited from giving consent orproceeding by any means for the purpose conferring the Ministerwith an opportunity to administer, control or issue orders relatingto the management of partnership stakes or shares or procurementof benefits from the partnership stakes or shares, or disclose to anyperson in such manner as to inform the Minister of the administrationor management of partnership stakes or shares received from suchMinister, except where the disclosure is in accordance with the law ora report of operations in accordance with the conditions prescribedby the NCCC.Section 13. A juristic person shall prepare a separate accountfrom the operational accounts of the juristic person, which showsthe management of partnership stakes or shares received froma Minister and benefits received from the management of suchpartnership stakes or shares.Partnership stakes or shares received by the juristic person froma Minister and benefits received from the management of suchpartnership stakes or shares are not properties of the juristic personwhich creditors of the juristic person can seize or attach for theenforcement of debts in both civil and insolvency proceedings,except where the creditors of the juristic person have the right toenforce an obligation attached to the partnership stakes or sharesor benefits directly arising from such partnership stakes or shares.The provisions in paragraph two shall apply mutatis mutandis to thedissolution of the juristic person.Section 14. In the receipt and management of partnership stakes orshares of Ministers under this Act, the juristic person receiving suchpartnership stakes or shares shall be exempt from the provisions ofany law which prohibit the juristic person from becoming a partneror shareholder in other partnerships or companies or where thereis a limit on the amount of funds for the management of propertiesbelonging to others.In the case where there is a law limiting the amount of partnershipstakes or shares of juristic persons in other partnerships orcompanies, the amount of partnership stakes or shares received fromthe Minister including the benefits arising from the partnership orshares shall not be accounted with the amount of partnership stakesADB/OECD Anti-Corruption Initiative for Asia and the Pacific