By Isabelle
Clary
Senior Reporter
The Securities and Exchange Commission next Tuesday will
propose to extend trade-through requirements to all markets,
including Nasdaq, as part of a package of reforms to modernize
U.S. securities trading.
The reforms, under the umbrella of Section 11A of the
Securities Exchange Act of 1934, will include a new Rule 611
that would require all "market centers to establish, maintain
and enforce policies and procedures to prevent the execution
of trade-throughs in their markets," according to an SEC
advisory statement.
The reforms will involve a new definition of "national
market system security," which will cover Nasdaq stocks and
security options.
The SEC will present the reform proposals at its Feb. 24
open meeting and decide then whether to publish them for
comments.
Securities Industry News reported in its Feb. 9
issue that the SEC is mulling extending trade-through rule
provisions to the Nasdaq marketplace, at a time when many
industry participants are clamoring for the rule's repeal.
The trade-through or "best-price" rule bars brokers from
executing orders at a price inferior to the best quote
displayed on another market. But the rule has come under fire
over the past year, as critics say it only serves to protect
the floor-based specialist system and slows down
lightning-fast electronic venues, causing brokers to violate
their best-execution obligations.
According to sources, Rule 611 will resolve this issue by
making a distinction between the two models and allowing
electronic markets to trade through exchanges whose quotes are
not directly accessible and firm. However, electronic markets
could not trade through each other’s quotes, including in the
Nasdaq market.
Other topics for reforms, which Securities Industry
News has covered in recent issues, include prohibiting
"market participants from accepting, ranking or displaying
orders, quotes or indications of interest in a pricing finer
than a penny in any NMS stock," according to the SEC.
The proposed reforms will also cover access to quotes and a
plan to "modify the formulas for allocating plan net income"
for market data, the SEC said.