What A Conflict of Interest Form for Employees Needs for Success

What Every Conflict of Interest Form for Employees Needs for Success

Written by Risk Management Team on December 22, 2023

A conflict of interest form for employees is a critical safeguard for preserving the integrity and ethical standards within a business. Designed to clearly outline and manage potential areas where personal interests could conflict with those of the organization, this document is essential for maintaining transparency and trust. By requiring employees to disclose personal and financial interests, as well as relationships that might influence their professional decisions, the form serves as a key instrument in identifying and mitigating risks before they escalate.

The effectiveness of a conflict of interest form for employees lies in its comprehensive nature, encompassing areas like financial disclosures, relationship declarations, and an affirmation of understanding and compliance with company policies. This thorough approach ensures that all potential conflict areas are covered, from investments that might sway business decisions to familial ties that could affect impartiality.

Ensuring Transparency

The purpose of a conflict of interest form for employees is to ensure transparency and to allow the company to proactively address potential conflicts. It is a risk mitigation mechanism used by a company to avoid scenarios in which employees engage in activities that could damage the company by compromising the company’s interests. By having employees disclose these interests and relationships, the company can take steps to avert any conflicts through means such as reassigning responsibilities or establishing guidelines for ethical conduct.

These forms can also serve as legal protection for the company in case a conflict of interest issue arises in the future. They should provide documented evidence that the company took steps to identify and address potential conflicts. This transparency builds trust within the organization and with those on the outside, helps to maintain a good name and reputation within the industry, and helps the company to avoid legal issues.

What’s in a COI Form?

The specific content and format of a conflict of interest form for employees can vary from one organization to another, depending on the industry, company policies, and legal requirements, but generally they should include the following sections:

Personal Information

This section collects basic personal details about the employee, such as their name, job title, and contact information and helps the organization understand the decisions an employee may be a part of. This will help the organization determine whether there may be conflicts of interest that were initially overlooked by the employee.

Disclosure of Financial Interests

The disclosure of financial interests section includes details of any stocks, bonds, or securities the employee owns in other companies, including the names of the companies and the quantity of shares held. It goes without saying that if employees have a stake in the financial well-being of a company – namely, one in which they have stock investments – they will be tempted to make decisions accordingly even to the detriment of the organization that employs them. Information about any investments or financial interests in businesses that may compete with or supply services to the company should be disclosed here as well as any ownership interests in suppliers or clients of the company. 

If the employee is in a position to make decisions about suppliers he may be tempted to buy parts from a company in which he has invested rather than an alternative source, even if the alternative is a better bargain. This section should also include information about loans or financial arrangements with entities that do business with the company.

Disclosure of Relationships 

This section identifies any family members or close personal relationships with employees or representatives of suppliers, clients, or competitors. The purpose of this is to avoid nepotism. Additionally, this section prompts for disclosure of any significant outside business affiliations or positions held in organizations that may have a relationship with the company. Finally, this section includes information about any affiliations or memberships in professional organizations or associations that may relate to the employee’s role within the company.

Gifts and Hospitality

This section of the conflict of interest form for employees provides for disclosure of gifts received and from whom they were received, including the purpose of gift and the nature of the relationship between the employee and the benefactor. Among the gifts, the list should include entertainment and hospitality. Most companies have policies that restrict receiving gifts to avoid the appearance of bribery. 

In many cases the policy will assert a threshold, allowing gifts up to a certain dollar value, but some prohibit receiving gifts altogether. In any case, documentation of gifts received on this form is wise for the sake of transparency and for the good of the organization.

Outside Employment or Consulting:

Here, an employee is to disclose any outside employment, freelance work, consulting, or advisory roles in which they are involved. This should include information about the name of the outside employer or client, the nature of the work, and the estimated time commitment. While most companies permit such work, conflicts arise when the side work interferes with productivity at the primary organization. Usually, a company requires that any secondary employment be outside of their industry to avoid organizational conflicts.

Affirmation Statement

In the affirmation statement, the employee affirms their commitment to act in the best interests of the company, acknowledges that they have read and understand the company’s conflict of interest policy and code of conduct, and confirms that the employee will promptly disclose any potential conflicts of interest that may arise during their employment. There should be a line for the employee’s signature and date to validate the affirmation statement.

It’s necessary for your conflict of interest form for employees to include all of these sections to ensure no potential conflicts are missed – if you only focus on personal relationships or financial interests, you’re creating blind spots for your company.

A Successful COI Process Needs ComplianceBridge

ComplianceBridge is your go-to resource for creating a custom conflict of interest form for employees. As an industry leader with over two decades of experience, our team of policy experts can guide you through the COI process and help to ensure that your organization’s COI form has everything necessary to help avoid the legal pitfalls that arise from conflicts of interest.

To ensure your COI process is comprehensive, it’s crucial to ask the right questions. Find out exactly what you need to consider with our detailed checklist, a practical guide to managing conflicts of interest effectively. Check it out here to enhance your strategy.

With our state of the art software you can create custom question sets with different question types, add secondary and conditional questions. From real-time tracking and reporting to auto-distribution dates and a full audit trail, you will have the tools at your disposal to start building a powerful COI process. Request a demo of ComplianceBridge today!

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