A few posts back someone mentioned that CS has now removed the facility for cancelling triggered orders that haven't been filled. Wasn't it argued elsewhere that this is against the new SB rules?
I think it was argued pretty convincingly by stevespray if I recall that the general principles of contract state that an offer may be withdrawn at any time prior to an unqualified acceptance. However, if there is no software facility to do so then in my view you can only withdraw the offer by telephone, which isn't always practical.
Simon tried to argue that allowing clients to withdraw offers was allowing them to print pips, which is with respect nonsense. If they are not aware of your order and have not filled it, it cannot affect their risk profile and you should be entitled to withdraw it. If they have filled it, then too bad for the client. However, Simon says that clients would cancel trades which have gone against them which have not yet been filled. I think that is fair given that CS can cancel trades which have moved in the clients favour if they are outside the spread when the dealer sees it, so why can't the client cancel a trade which is unfilled and the market has moved more than the spread against them? Surely for CS to fill that would be an "invalid price" in the same way?
An example will draw out the distinction.
Client tries to buy FTSE at 6500/1. Trade goes to a dealer (ie isn't automatically filled). 15 seconds later when the dealer sees the trade, FTSE is quoted 6504/5. Trade rejected on invalid price (as trade price is outside the spread of the current quote). This trade is rejected despite the true price for the FTSE being the same as the CS price at the time the client clicked on the trade. This is usually more of a problem in fast markets, however tough luck for the client - she doesn't get the price.
Client tries to buy FTSE at 6500/1. Trade goes to dealer as before. 10 seconds later client notices that CS now quote FTSE at 6498/9. Client does not want to buy at 6501 when he could buy at 6499. Order not filled so CS aren't aware of it - it should be fair to cancel the order. However, due to the platform, the client has no choice. 5 seconds later the dealer sees the price, which is now worse off at 6496/7. Trade gets filled despite the current quote deviating from the trade price by more than the spread. Optionally, if this was a bet of size, the dealer can hedge in the market at a better price, effectively arbitraging the client with the market by simultaneously selling a contract for X and buying it for Y when X>Y.
No fair.
The client should be able to cancel a pending order which has moved. If CS aren't aware of it because their dealers have not filled it, it cannot possibly affect them and the client should be entitled to withdraw their offer before acceptance.
Alternatively, if CS do not wish to allow this, they should fill all trades done on correct prices. This in effect would mean that if I bought the FTSE at 6501 and that was correct at the time, and 15 seconds later when the dealer sees it the market is X points higher, the dealer should check if the price was fair
at the time I clicked - in the absence of a pricing error I should get the trade, even if the market is worse off.
I understand that CS couldn't do the latter example, as trades of size couldn't be effectively hedged. I think the only fair option for them is to continue to reject trades where the price has moved more than the spread in the clients favour by the time the order reaches a dealer, but also to reject trades where the price has moved
against the client by more than the spread as being on equally invalid price.
Before anyone tells me that it is easier to sell into a rising market at the exchange, and if you want to join the bid in a rising market you won't get filled, this is comparing apples and oranges. At the exchange you are either filled or not. If an order isn't filled you may withdraw it. If it is filled you get your price. With CS you put an order into the system and whether it is filled or not will depend on which way the market moves between agreeing to deal and CS seeing your order. This isn't fair.
As far as this being against the new SB rules, I have no idea. I suspect that even if it is the regulator will take long enough to make SB firms aware of this. I notice already the drastic differences between how the SB firms have responded to the MiFID. For example, have Capital Spreads published an execution policy yet? I don't know if they have to or not, however other firms have chosen to be a little more transparent about how they execute following the directive coming into force.
Finally, CMC allow you to withdraw an offer before acceptance. So do other firms. If Simon is correct that this allows people to print risk free pips over news, perhaps he should get an account with them!