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SEC Proposes Scrapping Trade-Through Rule
The Securities and Exchange Commission on Thursday proposed rescinding a 20-year-old rule aimed at ensuring investors obtain the best available prices when executing equity trades. But eliminating the rule could put additional fiduciary pressure on asset managers when it comes to best-execution oversight, consultants said.
SEC Chair Paul Atkins, along with Commissioners Mark Uyeda and Hester Peirce – all Republicans – voted unanimously on proposed amendments to Regulation National Market System, which calls for rescinding Rule 611, known as the “trade-through” rule. The proposal, which includes a 60-day public comment period, would also eliminate Rule 610(e), which puts restrictions on locking and crossing quotations in stocks.
A trade-through occurs when a trading center executes an order at a price inferior to that of a protected quotation displayed by another trading center, according to the SEC. Rule 611 requires trading centers – national securities exchanges, alternative trading systems, over-the-counter market makers, and any broker-dealer that executes orders internally – to establish and enforce policies reasonably designed to prevent trade-through activity.
Atkins, who opposed the rule as a commissioner when it was first adopted in 2005, called it a “grave misstep” that has fueled the “proliferation of new trading venues” over the past two decades, “which in turn fragmented liquidity and created an increasingly complex, costly and opaque marketplace for order execution.”
“While the central aim of Rule 611 was to incentivize displayed liquidity, we have seen trading activity increasingly occur elsewhere over the last two decades,” he said.
Read more on what STP experts, Kaisha Schnoll and Pat Conroy had to say here.