Article 41 Material common or conflicting interests
1. The independent valuer shall not have an actual or potential material interest in common or in conflict with any relevant public authority or the relevant entity.
2. For the purposes of paragraph 1 an actual or potential interest shall be deemed material whenever, in the assessment of the appointing authority or such other authority as may be empowered to perform this task in the Member State concerned, it could influence, or be reasonably perceived to influence, the independent valuer's judgement in carrying out the valuation.
3. For the purposes of paragraph 1 interests in common or in conflict with at least the following parties shall be relevant:
(a) the senior management and the members of the management body of the relevant entity;
(b) the legal or natural persons who control or have a qualifying holding in the relevant entity;
(c) the creditors identified by the appointing authority, or such other authority as may be empowered to perform this task in the Member State concerned, to be significant on the basis of the information available to the appointing authority or such other authority as may be empowered to perform this task in the Member State concerned;
(d) each group entity.