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In this act Article 68 of 92

Article 68 — Aggregation and allocation of orders (Articles 28(1) and 24(1) of Directive 2014/65/EU)

Financial servicesLevel 2Delegated RegulationMiFID IIIn forceOfficial source

68(1)

1.Investment firms shall not carry out a client order or a transaction for own account in aggregation with another client order unless the following conditions are met:

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68(1)(a)
(a)it is unlikely that the aggregation of orders and transactions will work overall to the disadvantage of any client whose order is to be aggregated;
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68(1)(b)
(b)it is disclosed to each client whose order is to be aggregated that the effect of aggregation may work to its disadvantage in relation to a particular order;
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68(1)(c)
(c)an order allocation policy is established and effectively implemented, providing for the fair allocation of aggregated orders and transactions, including how the volume and price of orders determines allocations and the treatment of partial executions.
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68(2)

2.Where an investment firm aggregates an order with one or more other client orders and the aggregated order is partially executed, it shall allocate the related trades in accordance with its order allocation policy.

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