Appearance of Conflict of Interests: Risks and Mitigation


This space is used to clarify the relationship between the person Jimmy Nelson, the Jimmy Nelson Foundation and Jimmy Nelson Pictures B.V. We acknowledge that to be able to communicate transparently, possible risks need to be assessed, communicated and mitigated.

 

Jimmy Nelson Pictures is a limited company in which Jimmy Nelson and Ashkaine Hora-Adema have a majority stake. The company’s main activities are art photography, publishing and talks.

 

The Jimmy Nelson Foundation is a non-profit, which operates independently from Jimmy Nelson Pictures. The Jimmy Nelson Foundation has been recognised by the Dutch tax authority as a ‘Public Benefit Organisation’ (Algemeen Nut Beogende Instelling or ANBI) and keeps in line with the requirements regarding good governance and financial reporting and accountability (https://www.belastingdienst.nl/wps/wcm/connect/bldcontentnl/belastingdienst/zakelijk/bijzondere_regelingen/goede_doelen/algemeen_nut_beogende_instellingen/belastingregels_algemeen_nut_beogende_instellingen). The Jimmy Nelson Foundation is in the process of obtaining recognition from Centraal Bureau Fondsenwerving as ‘CBF recognised charity’ (CBF erkend goed doel). The requirements towards governance, financial reporting and accountability of the CBF are strict and increase with organization size. The CBF periodically reviews recognized organisations and offers strict guidance and assistance. Situations in which it may seem that the Jimmy Nelson Foundation works in the interest of Jimmy Nelson Pictures are carefully avoided.

 

Jimmy Nelson Foundation decision making structure:

 

All decisions of JiNeFo are made by means of a majority vote by the board of the Jimmy Nelson Foundation. The board consists of seven members. No members of the board are renumerated for their work. The only person who wields executive power in both the foundation as well as the company is Ashkaine Hora-Adema, co-owner of Jimmy Nelson Pictures and board member of the Jimmy Nelson Foundation. Founder and name giver Jimmy Nelson is the honorary chair of the board of the Jimmy Nelson Foundation and holds no formal executive power, as the honorary presidency is an advisory position. Additionally, the relationship of support between the Jimmy Nelson Foundation and Jimmy Nelson Pictures is unidirectional only. Jimmy Nelson Pictures periodically supports the foundation with personnel and finances. The foundation never supports Jimmy Nelson Pictures either with personnel or financially.

 

Avoiding structural conflict of interests:

 

Members or the board of the Jimmy Nelson Foundation can not be board member, regulator or employee of an entity with whom the Jimmy Nelson Foundation structurally commits financially assessable legal acts.

 

Avoiding incidental conflict of interests:

 

The board carefully avoids conflict of interests between the Jimmy Nelson Foundation and its board and/or employees and the members of the advisory board.

 

A conflict of interest as described in the exordium occurs a.o. when financially assessable legal acts are carried out between the Jimmy Nelson Foundation and i.) people mentioned in the exordium; ii) people with narrow family ties (or ties comparable) with the people mentioned in the exordium; iii) legal entities of which the people mentioned under i and ii are board members, regulators or shareholders.
In the case when a conflict of interests occurs regarding a board member, the concerning member has to notify the board to which it belongs. The concerning member has to refrain from discussion and decision making regarding the occurrence. The presence of the concerning member does not count towards the necessary quorum needed for decision making.

 

In the case a conflict of interests occurs between the Jimmy Nelson Foundation and one or more of its board members, the foundation can only be legally represented by the board members who are not involved with the conflict of interests.

 

The JiNeFo is careful not to include Pictures marketing messages. When Jimmy Nelson is mentioned in communication, the narrative is directed at the aims, goals and visions of the Foundation.