Rule 72. Priority and Precedence of Bids and Offers
I. Bids.âWhere bids are made at the same price, the priority and precedence shall be determined as follows:
(a) ***
(b) ***
Precedence of bids equaling or exceeding amount offered
(c)(P) When no bid is entitled to priority under paragraph (a) hereof, (or when a bid entitled to priority or precedence has been filled and a balance of the offer remains unfilled), all bids for a number of shares of stock or principal amount of bonds equaling or exceeding the number of shares of stock or principal amount of bonds in the offer or balance, shall be on parity and entitled to precedence over bids for less than the number of shares of stock or principal amount of bonds in such offer or balance, subject to the condition that, with respect to bids made as part of the auction market if it is possible to determine clearly the order of time in which the bids so entitled to precedence were made, such bids shall be filled in that order except that no bids in Floor broker agency interest files or specialist interest files shall be entitled to precedence.
Precedence of bids for amounts less than amount offered
(d)(P) When no bid is entitled to priority under paragraph (a) hereof (or when a bid entitled to priority or precedence has been filled and a balance of the offer remains unfilled) and no bid has been made for a number of shares of stock or principal amount of bonds equaling or exceeding the number of shares of stock or principal amount of bonds in the offer or balance, the bid for the largest number of shares of stock or greatest principal amount of bonds shall have precedence, subject to the condition that, with respect to bids made as part of the auction market if two or more such bids for the same number of shares of stock or principal amount of bonds have been made, and it is possible to determine clearly the order of time in which they were made, such bids shall be filled in that order except that no bids in Floor broker agency interest files or specialist interest files shall be entitled to precedence.
Simultaneous bids
(e)(P) When bids are made simultaneously, or when it is impossible to determine clearly the order of time in which they were made, with respect to bids made as part of the auction market, all such bids shall be on parity subject only to precedence based on the size of the bid under the provisions of paragraphs (c) and (d) hereof, except that no bids in Floor broker agency interest files or specialist interest files shall be entitled to precedence.
Sale or cancellation removes bids from Floor
(f)(P) A sale or the cancellation of an entire bid or offer entitled to priority shall remove all bids from the Floor except that if the number of shares of stock or principal amount of bonds offered exceeds the number of shares or principal amount specified in the bid having priority or precedence, a sale of the unfilled balance to other bidders shall be governed by the provisions of these Rules as though no sales had been made to the bidders having priority or precedence.
Subsequent bids
(g)(P) After bids have been removed from the Floor under the provisions of paragraph (f) hereof, priority and precedence shall be determined, in accordance with these Rules, by subsequent bids.
(h) ***
(i) ***
II. Offers.âWhere offers are at the same price the priority, parity and precedence shall be determined in the same manner as specified in the case of bids. An offer may be transferred from one member to another and, as long as that offer is continued for the same account, it shall retain the same priority, parity and precedence it had at the time it was transferred.
III(P). "Sale or Cancellation of a Bid or Offer Entitled to Priority Clears the Floor"âFollowing a sale or the cancellation of a bid or offer that had been entitled to priority pursuant to this rule, all bids and offers previously entered are deemed to be re-entered and are on parity with each other. For example, assume that the market in XYZ is 0.20 bid for 5000 shares, with 5000 shares offered at 0.25. On the bid side of the market, Broker A is bidding for 1000 shares and has priority. Brokers B, C, D, and E are each bidding for 1000 shares, with B being ahead of C, C being ahead of D, and D being ahead of E. On the offer side of the market, Broker F is offering 1000 shares and has priority. Brokers G, H, I, and J are each offering 1000 shares, with G being ahead of H, H being ahead of I, and I being ahead of J. Broker K enters the Crowd and sells 1000 shares to Broker A's bid of 0.20. The market then becomes 0.20 bid for 4000 shares, with 5000 offered at 0.25. Brokers B, C, D, and E are now on parity on the bid side of the market, and Brokers F, G, H, I, and J are now on parity on the offer side of the market.
⢠⢠⢠Supplementary Material: ------------------
.10(P) Precedence of bids and offers.âThe following examples explain the operations of Rule 72 [¶2072] in connection with auction market transactions:
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.20 Splitting.âWhen two or more bids on a parity have an opportunity to "match" for a lot of stock, the members making such bids may, by agreement, "split" the lot among themselves unless any other member in the Crowd objects. The same principles apply to offers.
For example: A bids for 200, B for 200, C for 100. A and B are on a parity. D offers 200. A and B may agree to "split" the amount offered and take 100 shares each, unless C objects, in which event A and B must "match" for 200 shares.
.40 Rule 72 does not apply to bonds traded through ABS® (See Rule 86).
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Amended: August 16, 1988; October 26, 1992; December 15, 1994; May 28, 1998; August 30, 2000 effective August 28, 2000 (NYSE-2000-22); December 21, 2000 (NYSE-99-24); July 18, 2002 (NYSE-2001-18); July 29, 2002 (NYSE-2002-12); February 4, 2004 (NYSE-2002-32); March 4, 2005 (NYSE-2004-61); December 14, 2005 (SR-NYSE-2005-87).