CTG / WTS is CBSX - so no FINRA rule supersedes anything CBSX put out. (Plus the CBOE Oct. 11 was after FINRA's rules in April and in response to FINRA's vague memo).
I shouldn't have written 'every other bd', you are right, since Echo is PHLX and hasn't had to switch yet. But every CBOE / CBSX firm I know of has, plus Bright and G-2 (which is PHLX).
Even though G-2 is PHLX, it was forced to switch by its clearing firm, GSEC (Goldman), which is FINRA. Same thing with Bright, which is a Chicago Stock Exchange member (different than CBOE / CBSX). This was also simply because they clear GSEC which is FINRA, who interprets FINRA's post as 80/20 split max.
And PHLX is owned by Nasdaq now, and outsources its regulation to FINRA. (But they still are governed by the PHLX rule book). Thus still the Series 7s needed. But who knows how long they won't be 80/20, 90/10, or 95/5.
Point is, if WTS / CTG is flaunting the rule, blatantly clear in the CBOE memo, it is just another concern to add to the list.
To clear it up, there are phone numbers at the bottom of the CBOE memo. Call them anonymously and ask what they think maximum payouts are. I did.
Of course you want 99 if it is there, but if it isn't legal / compliant, than you saw what happens ScalperJoe. What is worse about this is that the CBOE memo outlines what happens if the accounts are deemed customer accounts as it says if the accounts receive 'all or virtually all' of the split. They (WTS) are going to retroactively be bound to customer net capital rules, not prop ones. When the recalc is done, if they are under their net capital, they get shut. All firms under net cap minimums are not warned, just shut. Then, as with Team Trading, maybe you do or don't lose your money in the end, but it takes a while to get it back.
My simple point is why take the risk without making a 3 minute call to the number on bottom and see if they are just flouting the rules. It seems worth the 3 minutes. Or ask WTS compliance how they don't interepret 'all or virtually all' doesn't cover 99%. Or both.
I shouldn't have written 'every other bd', you are right, since Echo is PHLX and hasn't had to switch yet. But every CBOE / CBSX firm I know of has, plus Bright and G-2 (which is PHLX).
Even though G-2 is PHLX, it was forced to switch by its clearing firm, GSEC (Goldman), which is FINRA. Same thing with Bright, which is a Chicago Stock Exchange member (different than CBOE / CBSX). This was also simply because they clear GSEC which is FINRA, who interprets FINRA's post as 80/20 split max.
And PHLX is owned by Nasdaq now, and outsources its regulation to FINRA. (But they still are governed by the PHLX rule book). Thus still the Series 7s needed. But who knows how long they won't be 80/20, 90/10, or 95/5.
Point is, if WTS / CTG is flaunting the rule, blatantly clear in the CBOE memo, it is just another concern to add to the list.
To clear it up, there are phone numbers at the bottom of the CBOE memo. Call them anonymously and ask what they think maximum payouts are. I did.
Of course you want 99 if it is there, but if it isn't legal / compliant, than you saw what happens ScalperJoe. What is worse about this is that the CBOE memo outlines what happens if the accounts are deemed customer accounts as it says if the accounts receive 'all or virtually all' of the split. They (WTS) are going to retroactively be bound to customer net capital rules, not prop ones. When the recalc is done, if they are under their net capital, they get shut. All firms under net cap minimums are not warned, just shut. Then, as with Team Trading, maybe you do or don't lose your money in the end, but it takes a while to get it back.
My simple point is why take the risk without making a 3 minute call to the number on bottom and see if they are just flouting the rules. It seems worth the 3 minutes. Or ask WTS compliance how they don't interepret 'all or virtually all' doesn't cover 99%. Or both.
Quote from ScalperJoe:
Refer to the FINRA release for clarification:
http://www.finra.org/web/groups/industry/@ip/@reg/@notice/documents/notices/p121247.pdf
"if a firm has actual notice that the sub-accounts of a master account have different beneficial ownership (but does not know the identities of the beneficial owners) or the firm is privy to facts and/or circumstances that would reasonably raise the issue as to whether the sub-accounts, in fact, may have separate beneficial owners (and therefore is on âinquiry noticeâ), then the firm must inquire further and satisfy itself as to the beneficial ownership
of each such sub-account."
The issue of "customer account" relates to the IDENTITY OF THE BENEFICIAL OWNER of the account.
At a prop firm, the trader is a "member" with trading privileges and payouts, and the identity of each sub-account is fully known by the firm (hence all the paperwork, DOJ background, etc).
I believe FINRA's interpretation will override the CBOE's interpretations of maximum payouts, especially if there is no dispute regarding the identity and beneficial ownership of the sub-account.
By "Every other broker dealer" are you only including CBSX member firms? Echotrade is on the PHLX, and pays 100%.
This issue of maximum payouts has been around awhile, but the only definitive posts to my recollection occurred when Bright Trading switched from a 100% payout model to an 80/20 split.
Besides, why would any prop trader ever complain about getting 99%, that would be just plain dumb. If it changes due to further regulations, then so be it.