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Past Questions Main

Question: I have heard about something in the news, and I am not sure what effect it might have on how I trade. Has the SEC passed new rules about how stock trades are fulfilled?

A BuyandHolder

Answer:

Dear BuyandHolder,

Yes. You're right. The U.S. Securities and Exchange Commission (SEC) passed a sweeping regulation to overhaul stock markets by instituting new rules regarding trading practices and prices. It's called the Regulation National Market System. The goal of Reg. NMS is to get investors the best possible prices when they place orders.

How The SEC Voted

The vote was 3-2. If after reading this column you wish to do some letter writing, here's how the votes were cast:

Chairman William Donaldson (Republican): YES
Harvey Goldschmid (Democrat): YES
Roel Campos (Democrat): YES

Paul Atkins (Republican): NO
Cynthia Glassman (Republican): NO

What It Means

The Regulation will require brokers to accept the best quoted price for any and all stock transactions -- no matter which market offers the best price. The term "best" means taking a quote even if it involves going to another market and therefore taking longer to complete the transaction.

In other words, it requires brokers to compare prices offered on different exchanges and then take the best one. They will compare prices on electronic exchanges (where speed is emphasized) and prices on the slower New York StockExchange (NYSE). The NYSE is basically a negotiation-based system and one that therefore often comes up with lower prices.

Note: Many individual investors are unaware that the same stocks can frequently be traded through a traditional market such as the NYSE or through a completely electronic market such as Instinet Group, Inc. and ArcaEx.

To reach its goal of getting investors the best price, the Regulation will extend what the NYSE already does through its so-called "trade-through rule." That rule bars brokers from bypassing the best price offered for a stock -- usually done to speed up the process. Now the trade-through rule will apply across all markets, traditional and electronic.

But Why?

You might want to know what led up to the changes. An SEC study turned up the fact that about 98,000 trades each day are not conducted through the system and therefore are not getting the lowest price available at the time of trade. These 98,000 trades translate into about 2% of total daily volume.

BottomLine: Each day, 2% of all investors are not receiving the best price posted on the various exchanges and markets.

Pros & Cons

Those in favor of the Regulation National Market System point out that it protects the individual investor...that it will institute a practice of price over speed.

Institutional investors, such as Fidelity, however, have been against the change. They say it protects slower markets, like the NYSE, versus faster computerized systems.

Others say that 2% is a drop in the bucket and the expense of instituting the new rules will offset the gain.

In the meantime, some Republican members of Congress have publicly stated that they will fight the changes.

When

A trial implementation will begin in a year -- on April 10, 2006. It will involve 100 NYSE stocks, 100 Nasdaq stocks and 50 AMEX stocks. Full implementation will be underway as of April 12, 2006.

 

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