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Financial Industry Regulatory Authority (FINRA) Proposes to Amend Rule 11892

Financial Industry Regulatory Authority (FINRA) Proposes to Amend Rule 11892
Friday, May 9, 2014

On May 6, 2014 the Securities and Exchange Commission (SEC) published a notice of filing of a proposed change to Financial Industry Regulatory Authority, Inc. (FINRA) Rule 11892 regarding clearly erroneous transactions in exchange-listed securities. The amendments grant FINRA the authority to declare null and void (i) transactions based on “fundamentally incorrect or grossly misinterpreted issuance information” and (ii) transactions that occur after a disruption or malfunction of the electronic communication or trading facilities or during a regulatory halt (i.e., a trading halt).

The amendments allow FINRA to view a multiday series of trades as a single event if such transactions were based on fundamentally incorrect or grossly misinterpreted issuance information. FINRA’s authority to declare such transactions null and void excludes transactions that have reached the settlement date or that are part of an initial public offering. The amendments also provide that each member firm involved in a transaction declared null and void or subject to a trading halt will be notified as soon as practicable. 

The proposed rule change is available here.

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