A financial instruments business operator, etc., pursuant to the provisions of Cabinet Order, must establish a policy and method for executing orders from customers for the purchase and sale of securities and derivatives transactions (excluding those specified by Cabinet Order; hereinafter referred to as "transactions of securities, etc." in this Article) under the best terms and conditions (hereinafter referred to as the "best execution policy, etc." in this Article).
A financial instruments business operator, etc. must disclose its best execution policy, etc. pursuant to the provisions of Cabinet Office Order.
A financial instruments business operator, etc. must execute orders for transactions of securities, etc. in accordance with its best execution policy, etc.
Before accepting an order from a customer for a purchase and sale of securities listed on a financial instruments exchange, purchase and sale of over-the-counter traded securities, or other transaction specified by Cabinet Order, a financial instruments business operator, etc., pursuant to the provisions of Cabinet Office Order, must provide the customer in advance with information on its best execution policy, etc. for the relevant transaction; provided, however, that this does not apply if it has already provided such information (or information on the revised policy, if its best execution policy, etc. has been revised).
If a financial instruments business operator, etc. is so requested by a customer within a period specified by Cabinet Office Order after executing the customer's order for a transaction of securities, etc., it must provide the customer, pursuant to the provisions of Cabinet Office Order, with information on an explanation that the order has been executed in accordance with its best execution policy, etc. and other particulars specified by Cabinet Office Order.
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(Best Execution Policy)
A financial instruments business operator, etc., pursuant to the provisions of Cabinet Order, must establish a policy and method for executing orders from customers for the purchase and sale of…
金融商品取引業者等は、有価証券の売買及びデリバティブ取引(政令で定めるものを除く。以下この条において「有価証券等取引」という。)に関する顧客の注文について、政令で定めるところにより、最良の取引の条件で執行するための方針及び方法(以下この条において「最良執行方針等」という。)を定めなければならない。
Open this provisionsecurities
「有価証券」
Securities as this Act defines them: the instruments listed in Article 2, paragraph (1), among them national government and local government bonds, corporate bonds, share certificates and share option certificates, preferred equity investment certificates, beneficiary certificates of investment trusts and other trusts, investment securities, certain promissory notes, mortgage securities, option certificates and depositary receipts, foreign instruments of the same nature, and other instruments a Cabinet Order (政令) specifies.
Defined inArticle 2, paragraph (1)· applies throughout the law
over-the-counter traded securities
「店頭売買有価証券」
Securities registered under Article 67-11, paragraph (1) by an authorized financial instruments firms association (認可金融商品取引業協会) for trading on the over-the-counter securities market it opens.
Short name set inArticle 2, paragraph (8), item (x), (c)
financial instruments exchange
「金融商品取引所」
A membership corporation (金融商品会員制法人) or stock company (株式会社) licensed by the Prime Minister under Article 80, paragraph (1) to open a financial instruments market (金融商品市場).
Defined inArticle 2, paragraph (16)· applies throughout the law
derivatives transactions
「デリバティブ取引」
A market derivatives transaction (市場デリバティブ取引), an over-the-counter derivatives transaction (店頭デリバティブ取引) or a foreign market derivatives transaction (外国市場デリバティブ取引).
Defined inArticle 2, paragraph (20)· applies throughout the law
financial instruments business operator, etc.machine translation
「金融商品取引業者等」
A financial instruments business operator (金融商品取引業者) or a registered financial institution (登録金融機関).
Defined inArticle 34, paragraph (1)
best execution policy, etc.
「最良執行方針等」
In Article 40-2, the policy and methods a financial instruments business operator, etc. (金融商品取引業者等) must set, as a Cabinet Order (政令) provides, for executing customers' orders for purchases and sales of securities and derivatives transactions (other than those a Cabinet Order excludes) on the best terms.
Short name set inArticle 40-2, paragraph (1)· applies only in this article
transactions of securities, etc.
「有価証券等取引」
In Article 40-2, purchases and sales of securities and derivatives transactions, other than those a Cabinet Order (政令) excludes.
Short name set inArticle 40-2, paragraph (1)· applies only in this article