Senator ... forwarded your October 10th e-mail to us for a response to your questions regarding day trading rules, electronic orders for options, and public trading of certain exchange-traded funds on the Island Electronic Communications Network. We appreciate your interest regarding these subjects.
First, we note that the rules requiring you to have at least $25,000 in your account to day trade are not SEC rules, but instead are New York Stock Exchange ("NYSE") and National Association of Securities Dealers ("NASD") rules. The NYSE and the NASD proposed these rules to ensure that accounts had sufficient equity to protect against financial loss from day trading to firms and their customers, and the Commission approved these rules in February 2001 consistent with the federal securities laws.
In addition, like the day trading rules, the rules that do not permit the entry of orders that are created and communicated electronically without manual input are rules of several of the options exchanges, not the SEC. The exchanges stated that they adopted these rules because public customers are accorded certain advantages on their markets, such as priority in execution and, in many cases, automatic execution at the disseminated price. Because these exchanges depend on the liquidity provided by specialists and market makers, they determined that these market participants should be the only ones permitted to electronically generate quotations.
You also commented that you cannot day trade in a cash account. Day trading in a cash account is generally prohibited under Regulation T of the Board of Governors of the Federal Reserve System. In this regard, you may wish to direct your concerns to the Federal Reserve through their website at
www.federalreserve.gov/feedback.cfm
Finally, you noted that you are unable to use the Island Electronics Communications Network to trade certain exchange-traded funds. The Island ECN has announced that it would no longer display its limit order book to its subscribers in four exchange-traded funds, including the QQQ, rather than include these orders in the public quote for these securities as required by SEC regulations. The Commission recently took action to facilitate public quoting by trading systems such as the Island ECN that trade at worse prices than other markets' quotes, and continues to review the intermarket trading rules that apply to markets in the public quote to determine if modifications are necessary in light of changing market conditions.
We hope that the above information is helpful and appreciate the benefit of your views.
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