Related provisions for CASS 5.5.76
In determining whether a UK RIE is ensuring that business conducted by means of its facilities is conducted in an orderly manner (and so as to afford proper protection to investors), the FSA may have regard to whether the UK RIE's arrangements and practices:
- (1)
enable members and clients for whom they act to obtain the best price available at the time for their size and type of trade;
- (2)
ensure:
- (a)
sufficient pre-trade transparency in the UK RIE's markets taking account of the practices in those markets and the trading systems used; and
- (b)
sufficient post-trade transparency in the UK RIE's markets taking into account the nature and liquidity of the specified investments traded, market conditions and the scale of transactions, the need (where appropriate) to preserve anonymity for members and clients for whom they act, and the needs of different market participants for timely price information;
- (a)
- (3)
include procedures which enable the UK RIE to influence trading conditions or suspend trading promptly when necessary to maintain an orderly market; and
- (4)
if they include arrangements to support or encourage liquidity:
- (a)
are transparent;
- (b)
are not likely to encourage any person to enter into transactions other than for proper trading purposes (which may include hedging, investment, speculation, price determination, arbitrage and filling orders from any client for whom he acts);
- (c)
are consistent with a reliable, undistorted price-formation process; and
- (d)
alleviate dealing or other identified costs associated with trading on the UK RIE's markets and do not subsidise a market position of a user of its facilities or subsidise any margin payments (or the provision of collateral) which such a user would have to make.
- (a)