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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 | 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''”. | ||
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? | |||
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