Client consent to execution policy and execution of orders outside a regulated market or MTF - COBS Provision: Difference between revisions

no edit summary
No edit summary
Line 4: Line 4:


====Commentary====
====Commentary====
From the CESR "[[Media:CESR Best Execution QA 07_320|Best Execution under MiFID]]" Questions and Answers document of May 2007 (CESR/07-320):
From {{tag|CESR}}'s "[[Media:CESR Best Execution QA 07_320.pdf|Best Execution under MiFID]]" Questions and Answers document of May 2007 (CESR/07-320):


{{quote|'''''Q20 How do clients consent to the execution policy?''''' <br>
{{quote|'''''Q20 How do clients consent to the execution policy?''''' <br>
Line 25: Line 25:
{{quote|However, on a purposive reading of the express consent requirement, an investment firm does not have to obtain express consent from its clients where the relevant instruments are not admitted to trading on a [[regulated market]] or [[MTF]].}}
{{quote|However, on a purposive reading of the express consent requirement, an investment firm does not have to obtain express consent from its clients where the relevant instruments are not admitted to trading on a [[regulated market]] or [[MTF]].}}


This view was confirmed in the ["[[Media:CESR Best Execution QA 07_320|Best Execution under MiFID]]":
This view was confirmed in the "[[Media:CESR Best Execution QA 07_320.pdf|Best Execution under MiFID]]":


{{quote|21.2 CESR considers that on a purposive reading of the "express consent" requirement, an investment firm does not have to obtain express consent from its clients where the relevant instruments are not admitted to trading on a regulated market or MTF.}}
{{quote|21.2 CESR considers that on a purposive reading of the "express consent" requirement, an investment firm does not have to obtain express consent from its clients where the relevant instruments are not admitted to trading on a regulated market or MTF.}}