Whole Section

  • 5.5 Acting as Agent to Customer

    • 5.5.1

      When acting as agent, a Trading Member and its Trading Representative must:

      (a) carry out the customer's instructions;
      (b) exercise skill, care and diligence;
      (c) act in good faith;
      (d) act in the best interests of customers, and comply with any obligation for best execution as set out in applicable laws and regulations;
      (e) if asked, disclose all circumstances and risks that could reasonably be expected to affect a customer's decision;
      (f) if asked, inform the customer of the current best bid and offer prices on the Trading System;
      (g) disclose the commission and any benefit directly or indirectly receivable on the transaction;
      (h) not enter into a transaction that may conflict with a duty owed to the customer, unless the customer is informed of the conflict and consents to the transaction; and
      (i) not disclose a customer's order unless:
      (i) the prior written consent of the customer for the disclosure of the information is obtained;
      (ii) the disclosure is for the effective execution of the customer's order;
      (iii) the disclosure is necessary for the risk management or operations of the Trading Member if these functions have been outsourced by the Trading Member; or
      (iv) the disclosure is required or permitted under applicable law or under the Rules; and
      (j) ensure that the person to whom it discloses the customer's order under Rule 5.5.1(i)(ii) and 5.5.1(i)(iii) maintains confidentiality of such information.

      Added on 3 June 20193 June 2019.