Eventus

Validus in Practice (ViP)

CFTC Priorities: Preparing for Transformative Change

On March 16, 2022 CFTC Chairman Rostin Behnam delivered the keynote address at the annual Futures Industry Association Conference in Boca Raton, Florida. Chairman Behnam opened his remarks noting the transformative changes our industry successfully navigated and how financial and technological innovations are yet again at our doorstep. He reminisced on how technology and decimalization …

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SEC Proposes New Rules for Short Sale Disclosures and Order Marking Requirements

On February 25, 2022 the SEC proposed new Rule 13f-2 to provide greater transparency through the publication of certain short sale data to investors and other market participants. It also proposed Rule 205, which would establish a new “buy to cover” order marking requirement for certain purchase orders effected by a broker-dealer for its own …

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The Canadian Securities Administrators Signals Increased Attention on Cross Market Surveillance

At the end of January, the Canadian Securities Administrators (CSA) announced that the Investment Industry Regulatory Organization of Canada (IIROC) and the Montréal Exchange (MX) have entered into a Memorandum of Understanding (MoU) regarding cross-market surveillance. The primary objective is to “assist in the development, administration, coordination and fulfillment of the cross-market surveillance mandate.” The …

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FINRA Issues Annual Guidance Regarding Compliance Programs

On February 9, 2022, FINRA published the eagerly awaited 2022 Report on FINRA’s Examination and Risk Monitoring Program (the “Report”). The purpose of the Report is to provide firms with information concerning recent examination findings, outline effective practices observed by FINRA during their exams and generally highlight key considerations for firms’ compliance programs. At a …

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Necessary Controls to Risk-Manage Cross-Border Trading Practices within FX

On January 27, 2022, the Hong Kong Securities and Futures Commission (SFC) and the Australian Securities and Investments Commission (ASIC) jointly released a circular that detailed their observations following a collaborative thematic review into the governance arrangements and internal controls within the FX business of selected SFC and ASIC licensed firms. The review covered a …

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FINRA Issues Notice Regarding the Proper Handling of Marketable Customer Orders

On January 21, 2022, FINRA issued Regulatory Notice 22-04 reminding broker-dealers of the requirements under Rule 5310.01 to execute marketable customer orders fully and promptly.  The definition of what “prompt” means has never been clearly delineated in the rule itself although industry practice, based upon the timing requirements of other order handling-type rules, has been …

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FERC 2021 Annual Report on Enforcement: A Commitment to Vigorous Enforcement

On November 18, 2021, the Federal Energy Regulatory Commission (FERC) Office of Enforcement issued its annual report on enforcement. The report details FERC’s enforcement priorities and summarizes enforcement actions taken over the previous year. FERC’s 2021 priorities were largely the same as 2020, with a continued focus on market manipulation and market conduct. However, the …

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NYSE Proposing Rule Change to Longstanding Market-on-Close (“MOC”)/Limit-on-Close (“LOC”) Order Handling Requirements

On December 14, 2021, the NYSE proposed a change to rule 7.35B relating to the cancellation of MOC, LOC and Closing IO Orders. NYSE rules have historically allowed the cancellation of MOC, LOC and Closing IO orders to correct legitimate errors between 3:50 PM and 3:58 PM.  Attempts to cancel at 3:58 PM or later …

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UK: Market Watch 68 Advises Firms to Know Their Traders Using Capture, Record and Surveillance Techniques

On 16 November 2021, the UK FCA released Market Watch 68, a newsletter focusing on and revisiting the topic of order and trade capture. As far back as Market Watch 48 in June 2015, there have been concerns surrounding the effectiveness and integrity of data used for market surveillance with consideration for firms to design …

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