FSA Guidance on the Practice of PFOF

On 14 May 2012, the FSA published guidance on payment for order flow (“PFOF”) arrangements. These are arrangements where a broker receives payment from market makers in exchange for sending order flow to them. Firms should manage conflicts of interests and tell customers about the PFOF arrangements and put relevant procedures in place to make sure that payments led to better service. Orrick’s Client Alert. Finalised Guidance.

Financial Industry Alert: FSA Releases Finalised Guidance on Payment for Order Flow Arrangements

On 14 May 2012, the FSA issued its finalised guidance on payment for order flow (“PFOF”) arrangements following its October 2011 guidance consultation. The guidance appears to have been issued on substantially the same basis as the original consultation which stated that “PFOF arrangements create a clear conflict of interest between the clients of the firm and the firm itself. Therefore it is unlikely to be compatible with our inducements rule and risks compromising compliance with best execution rules”. Click here to read more.