Each of the terms which appear in bold below is defined in the section 16 'definitions' at the end of this document.
We, UBS AG Jersey Branch, Wealth Management ('UBS', 'us', 'we') will take all sufficient steps in order to get the best possible results for our clients when executing, receiving and transmitting their orders.
The purpose of this document is to tell you about our order execution policy.
2. Scope of application
Our Order Execution and Order Allocation Policy is applied to financial instruments if we:
- receive and transmit client orders;
- execute orders on behalf of clients; and
- provide portfolio management services.
The Order Execution and Order Allocation Policy is not applied if clients:
- are classed as an 'eligible counterparty' unless we have agreed with the eligible counterparty to treat them as a professional client or a retail client; or
- have concluded direct order handling agreements with a different entity in the UBS group.
We will follow any local rules and regulations that apply to the reception and transmission of client orders as well as to their execution. If any provision of UBS' order execution policy is prohibited by applicable local law or regulation, the relevant provision will not apply.
3. Executing orders – getting the best possible result
Subject to any express instructions that may be given by you (see section 7), when executing orders in your name, when receiving and transmitting your orders, or when providing portfolio management services, UBS will take all sufficient steps to get the best possible result for you. This will take into account the execution criteria and total consideration – overall cost - in accordance with section 3.1 and 3.2. We will apply our commercial judgment and experience, and incorporate available market information.
3.1. Execution criteria
In addition to taking into account the total consideration (see Section 3.2), and unless you have told us otherwise, we will consider the following criteria when executing orders:
a) the client classification (either as a retail client or a professional client);
b) characteristics of the client order;
c) the financial instruments involved in the order; and
d) the execution venues or intermediaries to which that order can be directed.
3.2. Total consideration and other factors
In order to obtain best execution for our clients, the same approach is applied regardless of whether you are a retail or professional client.
This offers the highest level of protection and uses the overall cost, or total consideration as the primary guideline for attaining the best possible result for you.
The total consideration is made up of the price of the financial instrument and all related execution costs. We will look at other factors which could influence the outcome only if they could be instrumental in delivering the best possible result.
Total consideration and execution factors are made up of the following:
a) the price of the financial instruments offered by the intermediary or the execution venue; and
b) the direct and indirect costs which are connected to executing financial instruments, including:
i. all expenditures that arise, which are directly connected with executing the order;
ii. fees relating to execution venues;
iii. clearing and settlement fees; and
iv. all other fees which are paid to third parties in connection with the execution of the order;
d) the likelihood of the client order being executed and settled;
e) size and nature of the order; and
f) other relevant factors (such as market effects and implicit transaction costs).
4. Execution venues
A list of the execution venues which we have selected along with the respective class of financial instrument is included in the appendix to this document. This list is neither exhaustive nor fixed.
It includes all venues to which we commonly refer orders for execution which can be other entities in the UBS group. We reserve the right to use other execution venues if we determine that they are appropriate, after taking the criteria and factors listed in section 3 into consideration.
We monitor execution venues regularly in order to identify those which consistently enable the best possible result. The list is updated with any changes when required.
Where there is more than one competing venue to execute an order, we will take into account our own commissions and the cost of executing the order for each eligible execution venue.
We shall not receive any remuneration, discount or non-monetary benefit for routing client orders to a particular trading venue or execution venue.
5. Selection of a venue where orders are executed
Subject to any express instructions that may be given by you (see section 7), we use the following methodology when selecting a venue where orders are executed:
a) subject to the proper consideration of the execution factors mentioned above, another legal entity in the UBS group can act as an execution venue where orders are executed. This is based on our assessment that it is in your best interest (and/or at the very least, will not lead to any disadvantage for you);
b) subject to the above conditions, we select an execution venue that we deem the most appropriate in order to get the best possible result for you. This may include execution of trades outside a trading venue. There may be additional risks such as counterparty risk when executing in this way; and
c) there may also be regulatory requirements that require execution on a trading venue. As an example, certain derivative classes must be executed on a trading venue.
UBS may also use other entities within the UBS group as intermediaries to which UBS will route orders for subsequent execution on regulated markets. If so, this entity must consider all reasonably available sources of information (including RMs, MTFs, systematic internalisers, OTFs, local stock exchanges, brokers and data providers) in order to get the best possible result for the order.
For certain instruments, there may be only one venue where orders are executed. For these financial instruments, we transmit the orders to this single venue. In order to ensure that best execution is achieved we will use benchmark pricing, with properly defined thresholds, and provide client disclosure of internally-generated fees and costs.
6. Execution methods
Subject to any express instructions that may be given by you (see section 7) we will execute an order by one of the following methods or combination of methods:
a) outside of trading venue by means of:
i. a different legal entity in the UBS group which itself acts as an execution venue where orders are executed; and/or
ii. execution by a different broker or market maker;
b) directly in a regulated market, MTF or OTF, if we are not a direct participant in the relevant regulated market, MTF or OTF; and/or
c) with a third party, if there is an agreement for executing orders in this regulated market or MTF with this party.
7. Express instructions of the client
If you give express instructions for executing an order (e.g. direct market access orders which are entered via an electronic system), we will execute the order in accordance with these. If your instructions only relate to part of the order, we will still apply our policy for executing orders to the part not covered by your express instructions.
Please note that under certain circumstances your express instructions for executing an order may affect our ability to get the best possible result for that order.
8. Receipt and forwarding of orders
Subject to any express instructions that may be given by you (see section 7), we can transfer an order to another legal entity in the UBS group or to a third party (e.g. an external broker) for execution. We would do this if the intermediary can prove that it has principles for executing orders which allow us to fulfill our best execution obligations to you. After checking the execution policies and methods of potential execution locations, we have decided that the execution venues listed in the appendix to this document best enable us to comply with our best execution obligations. We reserve the right to use other intermediaries if we deem these suitable.
9. Processing orders
We ensure that client orders are immediately and fairly executed in relation to other client orders and our trading interests. When executing orders, we ensure that:
a) all executed orders are immediately and accurately documented and assigned;
b) similar orders are executed immediately and in the sequence in which they are received, unless the order characteristics or the prevailing market position makes this impossible or the interests of the client require a different procedure; and
c) where practical, orders which are entered via several different media are processed with the aim of handling them in the sequence in which they are entered.
10. Limit orders
If you provide an instruction to place an order at a specific price limit or better, and/or for a specific size (a limit order), then it may not always be possible to immediately execute that order under prevailing market conditions. We are required to make client orders of this type public (disclose to the market) unless you expressly instruct us otherwise.
The Execution and Order Handling clause in our Terms and Conditions contains your express instruction. This means that by signing our Terms and Conditions you expressly instructed us not to make such orders public immediately unless you issue specific instructions to the contrary or we consider publication will be in your best interest.
11. Aggregation and allocation of orders
Client orders or transactions will not be carried out in aggregation with another client order unless:
a) aggregation of orders and transactions does not disadvantage any client whose order is to be aggregated; or
b) each client involved has been informed that the effect of aggregation may work to their disadvantage in relation to a particular order; and
c) the provisions relating to order allocation set out in our internal policies have been complied with.
In respect of market orders and limit orders, we should not withdraw or withhold client orders for our own convenience, or for the convenience of any other party. If we aggregate an order with one or more other orders and the aggregated order is partially executed, we must allocate the related trades promptly and fairly in accordance with our relevant internal policies.
12. New issues procedures (IPOs)
It is our policy that all clients are treated in a fair and transparent way when allocating new issues. Where new issues are oversubscribed and allocation is cut back, reallocation will generally take place on a pro-rata basis. Allocation will always be in the best interests of all relevant clients and reallocation will be done on a fair and reasonable basis.
13. Monitoring and review
We will regularly monitor how well we are following our arrangements for executing orders. If deficiencies are identified they will be corrected.
The policy and arrangements are reviewed annually and whenever a material change happens which might affect our ability to continue getting the best possible result for you. We will notify you of any material changes to the execution arrangements or our execution policy.
14. Top five execution venues publication
We will publish the following on an annual basis (for the preceding year):
a) the top five execution venues for each class of financial instrument, and;
b) the top five execution venues in terms of trading volumes for executed client orders, and;
c) information on the quality of execution obtained.
Please visit the UBS Wealth Management website and search 'best execution' for this information.
15. Client consent
This document provides information on the Order Execution and Order Allocation Policy we have put in place to meet our best execution obligations. You understand and accept the arrangements we describe within this document when you next place an order for execution with us. Where you only wish to receive discretionary portfolio management services, you understand and accept at the point you ask us to provide these services.
execution venue - describes a regulated market, a MTF, an SI, an OTF, a market maker or different liquidity provider and/or an entity that performs a similar function.
financial instrument(s) – include, but are not limited to:
a) equities and stock market-traded investment funds (so called ETFs);
b) bond issues and money-market instruments;
c) securitised derivatives;
d) non-securitised and non-standardised derivatives traded on the open market; and
e) shares in open investment funds.
In order to rule out misunderstandings, "Financial instrument(s)" does not include "spot transactions".
MiFID II means Directive 2014/65 EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU.
multilateral trading facility ("MTF") - means a multilateral system, operated by an investment firm or a market operator, which brings together multiple third-party buying and selling interests in financial instruments – in the system and in accordance with non-discretionary rules – in a way that results in a contract in accordance with MIFID II.
organised trading facility ("OTF") - means a multilateral system which is not a regulated market or an MTF and in which multiple third-party buying and selling interests in bonds, structured finance products, emission allowances or derivatives are able to interact in the system in a way that results in a contract.
regulated market ("RM") - means a multilateral system operated and/or managed by a market operator, which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments – in the system and in accordance with its non-discretionary rules – in a way that results in a contract, in respect of the financial instruments admitted to trading under its rules and/or systems, and which is authorised and functions regularly and in accordance with MIFID II.
systematic internaliser ("SI") - means an investment firm which, on an organised, frequent, systematic and substantial basis, deals on own account when executing client orders outside a regulated market, an MTF or an OTF without operating a multilateral system.
trading venue means a regulated market, MTF or an OTF.