ARTICLE
26 January 2022

FINRA Reminds Firms To Execute Marketable Customer Orders Fully And Promptly

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
FINRA also observed that the majority of held market orders in NMS stocks are executed within 500 milliseconds following the receipt or triggering of an order.
United States Finance and Banking

FINRA reminded member firms, in light of the increasingly automated markets for National Market System ("NMS") stocks, to fully and promptly execute marketable customer orders by making sure their systems are reasonably designed to achieve compliance with this obligation. in light of the increasingly automated markets for National Market System ("NMS") stocks,

In a Regulatory Notice, FINRA noted that the term "prompt" as used in FINRA Rule 5310.01 ("Best Execution and Interpositioning") is not a specific amount of time, and firms must evaluate their definition of "prompt" to take into account (i) developing technology for the routing and execution of orders for NMS stocks and (ii) the increasing speed with which many marketable customer orders are being executed.

FINRA also observed that the majority of held market orders in NMS stocks are executed within 500 milliseconds following the receipt or triggering of an order. In light of the increasingly automated markets for these stocks, FINRA expects member firms to regularly evaluate their systems to achieve compliance.

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