Dealing on Own Account. The Company should execute your orders in accordance with the information contained in the CFD Asset List on our website. When we execute your orders, we shall act honestly, fairly and professionally in all dealings with you.
40.1 According to the Applicable Laws and Regulations, the Company take all sufficient steps to obtain the best possible result when executing your order. In the Company’s Best Execution Policy, we describe the process which the Company follows in order to achieve Best Execution for you, our dealing capacity and potential conflicts. With reference to Retail Clients, the best possible result is determined in terms of the total consideration, representing the price of the CFD in the underlying Financial Instrument and the costs related to execution, which shall include all expenses incurred by you which are directly related to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order.
40.2 Regarding the execution of your orders we consider, among others, the factors of costs, speed, likelihood of execution and settlement, size, nature and any other consideration relevant to the execution of the order.
40.3 We are a principal in the CFDs that you trade for which we offer prices and deal on own account as your only execution venue for CFDs. As principal, we aim to consistently achieve the best possible result for you so that this result is at least the same as could be achieved on other venues. We use independent price sources and liquidity providers in order to derive and benchmark our Prices.
40.4 We are your counterparty to each trade and we therefore draw your attention to the fact that once you open a position with us, you will have to transact with us to close the position. Therefore, you cannot close the position with another company which may provide different pricing or transfer your position to such party firm. Where you trade in CFDs with a fixed expiry, you will be subject to our pricing arrangements at the expiry of the derivative contract, including our rollover arrangements into new contracts.
Dealing on Own Account. Within the meaning of Article D.321-1 of the Monetary and Financial Code, dealing on own account is carried by an investment services provider that enters into transactions in one or more financial instruments against its proprietary capital. Within the meaning of Article D.321-1of the Monetary and Financial Code, orders are executed on behalf of third parties by an investment services provider that enters into agreements to purchase or sell one or more financial instruments on behalf of a client. Financial Instruments referred to in Article L.211-1 I of the Monetary and Financial Code and referred to below in Schedule 1. Any company which HSBC Continental Europe or HSBC Holding plc owns, directly or indirectly, at least 50% of the capital or voting rights.
Dealing on Own Account. Safekeeping and administration of financial instruments, including custodianship and related services such as cash/collateral management, according to this Agreement;
Dealing on Own Account. Provide Safekeeping and administration of financial instruments for the account of Client (as and if applicable).
Dealing on Own Account. Subject to the Client’s obligations under the Operative Agreements being fulfilled, OPO GROUP LLC. may enter Transactions with the Client in Financial Instruments specified on the Website.
Dealing on Own Account. Safekeeping and administration of financial instruments in cluding custodianship and related services, according to paragraph 16 hereinafter.
Dealing on Own Account. 7.1. As regards the Financial Instruments referred to in Schedule 1, for which the Bank shall provide the Client with Dealing on Own Account services and, notwithstanding the foregoing provisions relating to the Order Execution Policy, such Transactions shall be entered into by mutual agreement between the Parties after they agree on all the financial parameters of the Transaction.
7.2. Where the Transaction is an over-the-counter forward financial instrument, a securities loan or a repurchase agreement (as defined in the Monetary and Financial Code), this Transaction shall be governed by a master agreement governing relations between the Parties. In the event of any discrepancy between the terms of the Agreement and the provision s of a master agreement, the provisions of the master agreement shall prevail.
7.3. Transactions pursuant to this clause 7 may be entered into via telephone or by any other means agreed upon between the Parties. When Transactions are entered into via an electronic venue, the Parties (i) undertake to comply with the terms for entering into Transactions provided by this venue, and (ii) acknowledge they enter into the Transactions with HSBC Continental Europe, including when the counterparty on the screens and messages relating to the Transactions is not HSBC Continental Europe, but a Group Company such as defined in clause 1 of this Agreement. In the event of a malfunction of an electronic venue, the Client may enter into its Transaction by telephone.
7.4. Confirmation of the Transaction(s) The Transactions governed by a master agreement shall be subject to the sending of a Confirmation by the Bank under the conditions set out in that master agreement. If a Transaction is entered into using an electronic venue, the Parties acknowledge that the Confirmation shall constitute, for each Transaction, sufficient evidence of the agreement of the Parties as to the entry into and terms of the relevant Transaction. For any other Transaction, the entry into a Transaction shall be followed by the despatch, pursuant to the terms set out in clause 6.6.1, of a Confirmation by the Bank complying with the legal and/or regulatory framework of the relevant Financial Instrument.
Dealing on Own Account. Market Making Activity
7.1. You are specifically made aware that in certain markets, including the foreign exchange markets, CFD contracts, [single stocks, indices, metals, commodities, cryptocurrencies], we may act as a ‘Market Maker’, i.e. we may take the risk of holding a certain number of supported financial instruments in order to facilitate trading in these financial instruments by displaying/ quoting ‘bid’ and ‘ask’ prices for such supported financial instruments on our [Trading Platform]. On some other occasions however, we may act as an agent for your order, i.e. the Company won’t act as the Execution Venue. Further information regarding these cases as well as on the institutions that will act as Execution Venues will be found on our Order Execution Policy which is duly updated on our website.
7.2. As stated above, we may act as principal, i.e. the Company to act as the Execution Venue for your orders (the “Market Maker”) or agent, i.e. our collaborators, e.g. other Execution Venues of Liquidity Providers will be responsible for executing your orders (for the list of Execution Venues with which the Company is collaborating the Client is redirected to our Order Execution Policy, which is duly updated on our Website). We may deal on our own account as your only execution venue for the above listed CFDs. In dealing with you as Market Maker, we aim to achieve the best possible result for you on a consistent basis such that the result is at least the same as could be achieved on other venues. We use independent price sources and liquidity providers in order to derive and benchmark our Prices.
7.3. We source Prices for the CFDs as described in our Order Execution Policy as well as in Section 10 of the present terms and conditions. Where CFDs are based on liquid markets or regulated markets where underlying financial instruments are traded on, our Prices are based on published/ externally verifiable prices.
Dealing on Own Account. 7.1. As regards the Financial Instruments referred to in Schedule 1, for which the Bank shall provide the Client with Dealing on Own Account services and, notwithstanding the foregoing provisions relating to the Order Execution Policy, such Transactions shall be entered into by mutual agreement between the Parties after they agree on all the financial parameters of the Transaction.
7.2. Where the Transaction is an over-the-counter forward financial instrument, a securities loan or a repurchase agreement (as defined in the Monetary and Financial Code), this Transaction shall be governed by a master agreement governing relations between the Parties. In the event of any discrepancy between the terms of the Agreement and the provisions of a master agreement, the provisions of the master agreement shall prevail.
7.3. Transactions pursuant to this clause 7 may be entered into via telephone or by any other means agreed upon between the Parties. When Transactions are entered into via an electronic venue, the Parties (i) undertake to comply with the terms for entering into Transactions provided by this venue, and (ii) acknowledge they enter into the Transactions with HSBC Continental Europe, including when the counterparty on the screens and messages relating to the Transactions is not HSBC Continental Europe, but a Group Company such as defined in clause 1 of this Agreement. In the event of a malfunction of an electronic venue, the Client may enter into its Transaction by telephone.
7.4. Confirmation of the Transaction(s)
Dealing on Own Account. For all matters related to the Transaction Documents the Borrower is dealing on its own account.
