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Client consent to execution policy and execution of orders outside a regulated market or MTF - COBS Provision: Difference between revisions
Client consent to execution policy and execution of orders outside a regulated market or MTF - COBS Provision (view source)
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{{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.}} | ||
====Products which trade {{tag|OTC}} - can the transaction a consent to execute off {{tag|regulated market}}?==== | ====Products which trade {{tag|OTC}} - can the transaction itself be a consent to execute off {{tag|regulated market}}?==== | ||
In order to comply with this rule, the safest course is to ask clients for a generic permission to execute trades off {{fcaprov|regulated markets}} or {{fcaprov|MTFs}} across the board. Some clients might object, however, to such a wide-ranging permission. | In order to comply with this rule, the safest course is to ask clients for a generic permission to execute trades off {{fcaprov|regulated markets}} or {{fcaprov|MTFs}} across the board. Some clients might object, however, to such a wide-ranging permission. | ||
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There is an unspoken distrinction in the {{tag|COBS}} rules between: | There is an unspoken distrinction in the {{tag|COBS}} rules between: | ||
*“'''agency'''” or “'''quasi-agency'''” orders: orders whereby a broker receives instructions from client and then turns around and interacts with third party venues (including {{fcaprov|regulated market}}s, {{fcaprov|MTF}}s but also unregulated venues like systematic internalisers), without involvement of the client, to fill that order); and | *“'''agency'''” or “'''quasi-agency'''” orders: orders whereby a broker receives instructions from client and then turns around and interacts with third party venues (including {{fcaprov|regulated market}}s, {{fcaprov|MTF}}s but also unregulated venues like systematic internalisers), without involvement of the client, to fill that order); and | ||
*“'''bilateral'''” transactions where client trades with the broker directly in a principal capacity and any transaction between the broker and the market is by way of {{tag|hedge}} and not fulfillment of the customer’s order. These are things like OTC derivatives under an {{isdama}}; spot FX trades and so on. | *“'''bilateral'''” transactions where client trades with the broker directly in a principal capacity and any transaction between the broker and the market is by way of {{tag|hedge}} and not fulfillment of the customer’s order. These are things like OTC derivatives under an {{isdama}}; spot FX trades and so on. The point is if you ask for an OTC transaction then, by definition, you are consenting for it to not be executed on exchange. In the same way that ordering a cheeseburger is, by definition, consenting to being given non-vegan food. | ||