Client’s best interest rule: Difference between revisions

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*Principle 9 '''Customers: relationships of trust''' – A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.
*Principle 9 '''Customers: relationships of trust''' – A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.


There is much general lofty aspiration here, but not much by way of flesh on the bones. This, generally, is how the [[JC]] likes regulations — self explanatory, and demanding the application of common sense — but it does lead nervous compliance officers, who, having been beaten and bloodied in the foregoing decade don’t always have much of a conceptualisation of common sense — to adopt a bunker mentality. So a few remarks about what the fairness requirement should not mean. You know how we like disclaimers, folks, and this being turf into which the better angels of [[Magic circle law firm|the professional advisorate]] tend not to rush — consider our disclaimer absolute. Take the following as youj find it, and don’t blame me if you wind up in jail.
There is much general lofty aspiration here, but not much by way of flesh on the bones. This, generally, is how the [[JC]] likes regulations — self explanatory, and demanding the application of common sense — but it does lead nervous compliance officers, who, having been beaten and bloodied in the foregoing decade don’t always have much of a conceptualisation of common sense — to adopt a bunker mentality. So a few remarks about what the fairness requirement should not mean. You know how we like disclaimers, folks, and this being turf into which the better angels of [[Magic circle law firm|the professional advisorate]] tend not to rush — consider our disclaimer absolute. Take the following as you find it, and don’t blame me if you wind up in jail.


===== It shouldn’t mean you have to offer the same product, on the same terms, to everyone. =====
===== It shouldn’t mean you have to offer the same product, on the same terms, to everyone. =====
That would be madness. But you see it advanced.
That would be madness. But you see it advanced.


:''If we offer this groundbreaking product — ''tranched synthetic collateralised emissions credit derivatives, denominated in [[bitcoin]]''<ref>Laugh, but this once happened. Expecting it to be a jaunty icebreaker, the JC once suggested this to a commodity structurer in London — I mean a ''leveraged exposure to hot air'', right? hahaha!!! — But he looked sadly and said, “we tried that but we couldn’t get the rating agencies over the line. Pity; the P&L projections were awesome.”</ref> to one special client, then we will have to offer it to ''everyone''.
:“If we offer this groundbreaking product — ''tranched synthetic collateralised emissions credit derivatives, denominated in [[bitcoin]]''<ref>Laugh, but this once happened. Expecting it to be a jaunty icebreaker, the JC once suggested this to a commodity structurer in London — I mean a ''leveraged exposure to hot air'', right? hahaha!!! — But he looked sadly and said, “we tried that but we couldn’t get the rating agencies over the line. Pity; the P&L projections were awesome.”</ref> to one special client, then we will have to offer it to ''everyone''”.
 
This ''cannot'' be right.
 
Firstly, treating customers fairly is generally tilted towards ''not'' offering flakey products to clients, rather than being forced to offer them to ''everyone''.
 
Secondly, where you ''have'' offered a product — which isn’t ~ cough ~ flakey — it is about ''then'' ensuring that you exercise your rights with respect to the clients in that product (''ceteris paribus'') fairly. So, if you have 100 clients long the same [[delta-one]] [[equity swap]] and there is a [[Market Disruption Event - Equity Derivatives Provision|market disruption]] affecting ''half'' your hedge, you close out ''all'' of the client positions ''pro rata'', rather than closing out the small clients and keeping the juicy [[platinum client]] in the position and therefore happy.
 
Thirdly, trading any products with clients, whoever they are and however important, ''necessarily involves taking on risk''.  Dealers do not have an unlimited tolerance for this stuff. It is axiomatic that [[dealers]] don’t, without good reason and comprehensive [[verbiage]] ''commit'' to trade with their clients. That would be a trading facility. It might attract a capital charge for one thing. So let’s say dealer A has put on a big trade with client X in the process maxing out its appetite for bitcoin denominated cannabis futures. If client Y comes along and says, well you did 5 yards with ''him'', so you can do five yards with me too it puts our poor risk manager in a pickle. Must she ''double'' her exposure? If clients P, Q, R and S arrive, must she quintuple her comfort level? If no, must she keep some risk headroom open when trading with X, so there is enough room ''[[pari passu]]'' for Y and Z, P, Q, R and S in case they decide they want to transact?
 
 
 
 
{{ref}}