14. Inducements and Payment for Research.

 0    7 schede    michallekawa
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Inducements rules appply to MiFID business and partly to non-MiFID business. The rules only apply to professional clients and retail client. Who is not be subject to the detailed inducement provisions?
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ECP business
Eligible Counter Party
Inducements. Minor non-monetary benefits are permitted to be received, but it must be...
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... disclosed prior to the provision of the relevant service to the client.
e.g. a gift from a Pension fund.
The inducements rules should be seen as payment rule, as it prohibits any payment, unless...
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... unless expressly permitted.
In relation to MiFID business, firms are prohibited from paying or accepting any fees other than...?
3 >>MP3<<
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Management fees*, | Proper fees**, | 3rd party fees.
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*fees, commissions or non-monetary benefits paid by or to the client| **necessary (eg, custody costs, legal fees, settlement fees), | fees paid by third party
Management fees, Proper fees* and 3rd party fees are permissible only if they do not impair compliance with...
custody costs, legal fees, settlement fees
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... duty to act in the client’s best interests
also:
enhance the quality of the service, | disclosure.
The inducements rules have not been fully implemented for Non-MiFID business. What test must be satisfied in relation to 3rd-party payments?
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Compliance test.
the other two tests - disclosure and enhancement - do not apply.
Firms which produce research must apply a identifiable charge for research when providing it to an entity that is not permitted to receive research for free, that is a firm that is either providing portfolio management services or
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... provides advice to a retail.

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