Thursday, May 15, 2025

FINRA Posts Review and Advisory on Order Routing Conflicts

The Trading & Financial Compliance Examinations (TFCE) section of the Market Regulation Department (Market Regulation) at the Financial Industry Regulatory Authority, Inc. (FINRA) is conducting a review of firms concerning the impact the receipt of order routing inducements, such as payment for order flow and maker-taker rebates, has on the Firms [equities and options] order routing practices and decisions.

As part of this review, TFCE requests that the brokers provide complete and detailed responses to the following:

– How does the broker quantify the benefits, if any, to a broker’s customers from the Firms receipt of order routing inducements, such as payment for order flow and maker-taker rebates? Provide analytical or other evidence of such quantified benefits.

– Describe how the broker fulfills the broker’s duty of best execution and quantifies the benefits, if any, to its customers when routing orders of a particular type to a market center with transaction costs for that order type that are materially higher than the transaction costs for the same order type on other market centers.

– Describe how the broker manages the conflict of interest that exists between the broker’s duty of best execution to customers and the Firms own financial interests in situations where the Firm routes customer orders to market centers that pay order routing inducements, such as payment for order flow and maker-taker rebates, or internalizes customer orders (e.g. routing customer orders to an affiliated over-the-counter market maker or alternative trading system in which the broker has a financial interest).

Best execution of customer orders is a key investor-protection requirement, and for years has been a priority-focus area FINRA said. In the latest development, FINRA is asking select member firms for information on the impact of order-routing inducements such as payment for order flow and maker-taker rebates on the firms order-routing decisions and practices. FINRA will use the information to evaluate what additional actions, if any, may be appropriate to help ensure rigorous compliance with rules safeguarding the best execution of customer orders.

On November 9, FINRA sent a sweep letter outlining the aforementioned review to select firms that represent a cross-section of member firms. Responses are due by Nov. 30, 2017.

The sweep is part of FINRAs continuing focus on best execution, as indicated in its 2017 Regulatory and Examination Priorities Letter and its 2015 guidance on best-execution obligations.

  • — The 2017 Priorities letter reminds firms of the obligations they owe customers when they receive, handle, route or execute customer orders in equities, options and fixed income securities. It also notes that firms should consider how this obligation interacts with the continued automation of markets for equity securities and standardized options, and recent advances in trading technology and communications in the fixed income markets. Firms are expected to understand how these changes affect their order-handling decisions and factor those changes into their review of the execution quality they provide customers. In addition, the letter reminds firms of the importance of providing accurate payment for order flow disclosures
  • — FINRA has brought a number of significant enforcement actions regarding best execution. For example in May 2017, FINRA fined Merrill Lynch $650,000, imposed restitution, and required other undertakings for their handling of certain customer orders related to violations of the best execution requirements in Rule 5310.

CAT Reporting Starts after SEC Rejects Delay

All systems are go, Houston.

Despite pressure from the exchanges and others, the Securities and Exchange Commission (SEC)rejected a last-minute request to delayby a year the start of the Consolidated Audit Trail tracking system.

With the delay squelched, exchanges are required to begin feeding trading data into the audit trail beginning today. The audit trail was created by SEC rule last year, and not complying could open them up to SEC punishment for non compliance.

Proponents of a delay cited cybersecurity concerns as paramount to delaying implementation of the system. Recently, the SEC admitted its own EDGAR system had been compromised as did consumer credit agency Equifax.

In a statement released on Tuesday, SEC Chairman Jay Clayton said talks with the exchanges in recent days had been constructive, but he said he was not in a position to support the issuance of the requested relief on the terms currently proposed.

I have made it clear that the SEC will not retrieve sensitive information from the CAT unless we believe appropriate protections are in place, Clayton said.

Just last month, in testimony to Congress, Jay Clayton, Chairman of the SEC, said he had outstanding questions related to the CAT and that the SEC wouldnt accept data from the massive system until they were answered, according to a report on Bloomberg. More generally, Clayton said his agency was conducting a review to make sure the SEC wasnt collecting unnecessary personal information.Ive made it clear that I dont want information unless we need it for our mission, Clayton told lawmakers.

Chair Clayton affirmed that the CAT was very important to the SECs oversight role, but stressed that the SEC would not take sensitive data that we cannot protect.

In January 2017, the consortium of Self-Regulatory Organizations charged with developing and implementing the CAT selected Thesys Technologies as the CAT Plan Processor, and the contract was signed in May.

Thesys, as CAT processor, is publishing technical specifications for order life cycle data starting today.

In May 2018, Thesys will publish technical specifications for submission of customer information. Large broker-dealers must begin reporting trades in November 2018; small broker-dealers follow suit one year later.

Thesys, an eight-year-old provider of high performance trading technology, formed Thesys CAT LLC to focus exclusively on building and maintaining the audit trail. Thesys CAT has about 25 employees, spanning technologists, compliance professionals, business analysts, and project managers, according to Ed Watson, the units chief operating officer.

Market participants and observers mostly support the concept of the CAT – that regulators should have a single view of the marketplace rather than cobbling together different feeds in an attempt to create a full picture.

And that support has also been echoed in Canada.Thats right, the beginnings of a Canadian CAT.

The Investment Industry Regulatory Organization of Canada (IIROC) has recentlyput forth a proposalwhich would require legal entity identifiers (LEIs) for orders so that the SRO (and other regional regulators) can better understand market structure and track participant behavior. The plan has been issued with a six-month comment period.

According to IIROC, the goal of including LEIs is to enhance market integrity and investor protection. The regulator has published for comment proposed amendments to the UMIR and the Dealer Member Rules (DMR) that would require client identifiers on:

– each order sent to a marketplace

– each reportable trade in a debt security. Dealer Members would need to provide client identifiers.

Doug Clark, head of market structure research at ITG Canada, told Traders Magazine that the idea of a audit trail isnt something new up North despite the move towards LEIs.

IIROC has had something close to CAT data, directly from the exchanges, for almost a decade, for secondary equity market trading, Clark began.They have used this for market surveillance and academic-style studies of market quality. Recently, they have proposed adding LEI’s (legal entity identifiers) to orders.

OSC Issues Temporary Order Suspending Trading at Omega and Lynx ATS

ATS trading in Canada has come under regulator scrutiny.

The Ontario Securities Commission filed an application to Issue a temporary order that the registration of Omega Securities Inc. (OSI) be suspended for such period as is specified by the Commission, pursuant to subsection 127(5) and paragraph 1 of subsection 127.

It listed the following:

An Order that trading in any securities by OSI cease for such period as is specified by the Commission, pursuant to subsection 127(5) and paragraph 2 of subsection 127(1) of the Act; and that such other Orders as the Commission considers appropriate in the public interest.

The grounds for the actions were described by the OSC as follows:

1. OSI operates two Alternative Trading Systems (ATSs): Omega ATS and Lynx ATS.

2. The operations of ATSs such as Omega ATS and Lynx ATS are governed by National Instrument 21-101 (Marketplace Operation) (NI 21-101) and its related companion policies.

3. Omega ATS and Lynx ATS may have failed to comply with Parts 7 and 11 of NI 21-101 in four respects:

(i) Inaccurate identification of brokers participating in mid-point peg transactions;

(ii) Time stamp deficiencies;

(iii) Content discrepancies across OSIs data feeds; and

(iv) Dissemination of data to certain subscribers prior to TMX Information Processor (TMX IP).

While the mid-point peg transaction issue has been corrected by OSI, Omega ATS and Lynx ATS continue to inaccurately record, store, and disseminate information with respect to items 3(ii), 3(iii), and 3(iv), above.

5. As a result of OSIs failure to comply with NI 21-101, OSI has failed to comply with its obligations pursuant to section 2.1 of the Act to provide timely, accurate and efficient disclosure of information, and, as a result, has frustrated the fundamental purposes of the Act.

6. Without timely, accurate and efficient disclosure of information: (i) Regulators are unable to properly protect investors; 3 (ii) Capital markets are prevented from operating in a fair and efficient manner; and (iii) Investors confidence in capital markets is negatively affected.

7. Staffs investigation into this matter is continuing.

8. The order sought by Staff is necessary to protect the public interest in light of the serious and ongoing potential breaches of Ontario securities law being committed by the Respondent.

Chris Nagy, posted on Twitter, Wow! The Ontario Securities Commission orders Dark Pool operators Omega and Lynx to cease trading. together they represent ~5% Canadian volumes.

When contacted by Traders Magazine Wednesday night, Sean Debotte, CEO of Lynx ATS said that due to the nature of the investigation, we will not be commenting at this time.

He referred all inquiries to the firms legal counsel of Stikeman Elliot.

On its website, Lynx posted the following statement:

Omega Securities to Vigorously Oppose Application for Temporary Order by Staff of the Ontario Securities Commission

Omega Securities Inc. (Omega or the Company) today announced it will vigorously oppose a temporary order that is being sought by staff of the Ontario Securities Commission (OSC) to suspend the registration of, and cease trading of any securities by, the Company, effective Friday, November 17.

Omega firmly believes that its trading systems operate with integrity and have offered a valuable service to the market for approximately 10 years, and that its market data is distributed in a fair and orderly fashion, said Sean Debotte, President and CEO of Omega Securities Inc. None of Omega’s market participants are being disadvantaged or treated unfairly in any way whatsoever.

It is the Companys position that its systems have operated, and continue to operate, within the parameters outlined by IIROC, and within the requirements of the Securities Act and National Instrument 21-101. Omega was informed of this proposed temporary order very recently. To date, the Company has been fully cooperating with the OSC in a year-long investigation relating to the capture and dissemination of the date and time of trades on Omegas two alternative trading systems, Omega ATS and Lynx ATS. The Company is very surprised at the severity of the action sought by the OSC, given the lack of any identified adverse effects to the Canadian capital markets, and in fact the almost certain harm to pricing spreads that would result from the OSCs proposed course of action. Omega strongly opposes the course of action taken by the OSC, which it believes is very unfair, and intends to vigorously oppose these proceedings.

AMX Selects InvestCloud to Power its Exchange Solution

InvestCloud Inc., a global FinTech firm, has been selected by The Asset Management Exchange (AMX) to build a bespoke digital solution for its growing client base of both asset owners and asset managers. The digital interface will provide clients with a flexible, intuitive and transparent way to access and monitor some $2 billion of investments already on the exchange.

Established by Willis Towers Watson earlier this year, AMX is a global institutional asset management marketplace. It is an open architecture exchange that provides institutional investors with a transparent and cost-effective central marketplace where they can engage with asset managers in a smarter way. For asset managers, the exchange provides easy access to significant capital on a global basis. The goal is to minimise what AMX calls value leakage caused by industry inefficiencies in the investment supply chain.

InvestCloud will leverage its considerable digital capabilities to build an enhanced user experience for both asset owners and asset managers who are deploying and managing significant assets on the platform. The platform will support a wide range of asset types, which will be scalable in line with AMXs growth plans.

Bill Jooste, Head of Digital at AMX, said: AMX represents the future of institutional investing, using the power of smart technology to make investors and managers lives easier. We are changing the asset management model, and the initial response to our exchange has been incredibly strong. We needed to choose a partner that could match our vision and provide a superior and efficient experience for our clients, enabling us to not just save them money but also give them time back.

InvestCloud will automate and consolidate a full suite of client reports online and in app form, tailored to the needs of each specific client base.

Will Bailey, EVP for Europe and Innovation at InvestCloud, said: AMX is the perfect kind of customer for InvestCloud. Like us, they aim to transform the way asset managers do business – taking a smart approach that not only makes things easier for both asset owners and asset managers but also increases visibility and oversight of critical investment activity.

Asset managers across the globe are at a turning point, and digital presents a fantastic opportunity to transform their business. Done right, digital creates a whole new way of doing business, building greater efficiencies for asset managers and ensuring better business practices, as well as fostering longer and happier customer relationships.

In June, InvestCloud also announced its launch of a financial technology incubator at its London offices. The InvestCloud Innovation Center London follows the blueprint of its Los Angeles counterpart, and officially opened its doors in September 2017.

The Power of the Crowd

After a decade of reform and retrenchment, the banking industry is on a more secure footing. Balance sheets and capital levels increasingly reflect regulators desire to minimise systemic risk. But it is less clear whether banks have adjusted their business models and operating infrastructures to the realities of the post-crisis landscape. In many cases, the ghosts of the past continue to hamper efforts to cut costs and improve efficiency to the extent required to accommodate lower margins. Nevertheless, technology offers new opportunities for banks to pool resources and expertise, thereby mutualising and minimising operating costs and risks.

In June, the Federal Reserve confirmed that all 34 major US banks had passed its latest round of stress tests, enabling them to resume dividends and stock buybacks. In Europe, despite slow progress toward European banking union, the worries that prompted the initiative are receding. All major European banks achieved core equity tier 1 capital ratios well in excess of regulatory minimums in Q2 2017 (ranging between 11-16%), significantly higher than five years previously.

Now that banks have pushed through the hard yards of compliance with Basel IIIs capital regime, other regulatory deadlines are fewer and further between. Alas, the end of an existential crisis does not herald the resumption of business as usual. Recent financial performance is still well below historical norms, and other sectors. Having inched up steadily in recent quarters, the US banking sector finally achieved return on equity (ROE) above 10% in Q2 2017, albeit with wide differences between laggards (5-6%) and outperformers (12-15%). In Europe, the picture is worse. The European Banking Federation puts European banks collective 2016 ROE at 3.5%, down from 2015s 4.3%. With a 9% average cost of capital, the sector is barely breaking even.

Indeed, few banks were looking forward to the Q3 2017 reporting season with much confidence, some warning investors to expect 15-20% falls in trading revenues, with a lack of volatility having weighing on Q2 figures. Once the dust settles on the Q3 numbers, fundamental realities are likely to depress earnings outlooks and book values. The rising costs of meeting steeper compliance obligations and evolving customer expectations will continue to far outstrip revenues, regardless of changes in interest-rate policy or termination of quantitative easing.

We are entering a new era. The era of high leverage, low wholesale funding costs and high margins is over. Pledges on both sides of the Atlantic to review post-crisis reforms to support economic growth may ease transition to the new normal, but will not bring back the good old days. Pressure on banks to continue to cut costs through operational efficiencies will only intensify.

Cutting operational costs is, of course, no easy matter. Compromising on quality of service delivered by the back office is not an option in times of low yields. Indeed, errors, delays and breaks are tolerated less when there is less profit to go around. How then to reduce their stubbornly high cost and frequency, thereby reducing the back-offices burden on balance sheets, without further damaging customer trust and confidence?

Banks have often tried to drive costs down and efficiency up by shifting responsibility for the back office. But the outcome of banks attempts to outsource or offshore has been mixed at best. You wont necessarily find the evidence in banks financial statements or on their balance sheets, but quality and control have tended to suffer, even when costs have been reduced, which is far from guaranteed. According to a recent DTCC survey, almost 50% of firms still experience moderate to very high costs fixing trade exceptions. Several credible service providers are attempting to build business process outsourcing (BPO) franchises, but the complexities of taking over and managing highly customised processes from a diverse range of banks remain difficult to overcome in a way that achieves both cost savings and productivity improvements for users, and revenues for providers.

This is because years of under-investment have left back-office processes too manual, fragmented and inefficient to be shipped offshore, migrated to a BPO provider or overhauled by enterprise-wide transformation on todays budgets. Typically, the systems on which processes run are deeply embedded into the fabric of the bank, their origins obscured by the passage of time, causing many to fear the consequences of tinkering with the unknown. While some have succeeded in retiring platforms, back-office systems easily run into the thousands at most global banks, while back-office headcount can be triple that level. Despite escalating regulatory pressures, the risks and costs of wholesale back-office reengineering are too large to contemplate, but the same could be said equally of continued reliance!

Hitherto, banks individual efforts do not address the key problems that thwart efficiency, i.e. the lack of standardisation and effective data and process sharing across counterparties. As an industry, we have a collective blindspot that prevents us from recognising the obvious: were all in this together.

Mutualisation of back-office costs and risks is very hard to pull off, but not impossible. I have two reasons for optimism. First, whilst banking may lag other industries on collaboration, there are still many examples where sustained multilateral efforts to standardise processes and drive efficiencies through multi-year commitment to harmonisation have achieved results. From industry-owned cooperatives such as SWIFT, to industry association working groups, to the development initiatives of client-owned market infrastructure operators, it is clear banks can collaborate effectively to tackle common problems.

Second, advances in technology are making it easier to improve back-office productivity and efficiency, without undertaking the Herculean task of ripping out existing systems. If not by reducing the number of breaks and exceptions caused by the balkanised back-office landscape, technology innovation can nevertheless accelerate and automate – and, importantly, mutualise – the processes deployed to resolve them.

Utility solutions based on common platforms and processes can help back-office staff to track and resolve errors and breaks more effectively, partly by identifying authorised contacts at counterparty institutions, but also by creating a dedicated environment for resolving problems, disputes and errors. New technologies are helping banks to exchange information on errors more effectively and more securely, an important consideration in the context of know your customer checks and other financial crime compliance requirements. Also important, a dedicated framework for problem resolution not only encourages collaboration across counterparties, but also fosters best practice in back-office processing, e.g. by enabling benchmarking and peer group analysis.

Many further challenges lie ahead for operations staff, but it is clear banks will have to mutualise risks and costs to really get a handle on back-office operational efficiencies. Its time to mobilise the power of the crowd.

John OHara is Chief Executive Officer and co-founder of Taskize.

Looking Ahead: Setting a Standard for the Future

In his Harvard Business Review article, The Financial Industry Needs to Start Planning for the Next 50 Years, Not the Next Five, Anthemis CEO Nadeem Shaikh points to a widening gap between technology and organizational progress that, if left unaddressed, could have profound consequences for the entire industry. Recognizing that there always will be some practical limitations to such an approach for commercial organizations with many stakeholders, the advice is nonetheless instructive.

As fintech innovations, such as distributed ledgers, artificial intelligence, robotics and cloud computing, transform how financial services are provisioned, the need for stakeholder collaboration to ensure alignment of approach and policies increases. Meanwhile, globalization continues apace, in many cases abetted by technological advances, notwithstanding interruptions caused by reactions of the public that lead to political disruption. The trend is unstoppable.

Despite some concern that the U.S. might become more isolationist, America continues to demonstrate strong leadership on issues related to capital markets – and this must be absolutely encouraged. As home to the largest and deepest markets in the world, American engagement in the global dialogue about these matters is crucial. The U.S. also plays a critical role in the leadership of standard-setting bodies (SSBs), including the Basel Committee, the Financial Stability Board and IOSCO. These organizations serve an important role in convening the appropriate dialogues related to minimum regulatory standards and harmonizing global requirements implemented around the world. These bodies have a clear responsibility to hear concerns from a wide range of stakeholders, and to advance sound policies and standards.

For example, there can be tremendous upsides when SSBs forge consensus before consultations are released to a wider audience – acting in a timely manner to ensure that policies reflect the current state of the global marketplace. Working too far ahead of the curve may result in undesirable outcomes. Jurisdictions can more easily choose not to adopt requirements that might lead to short-term gains, ignoring longer-term and far-reaching risks that could devastate national economies. Standard setting by policymakers should also not occur too soon before technologies adequately mature, and thus policy considerations sufficiently ripen, increasing the risks that the technologys evolution becomes needlessly warped. To quote Mark Carney, Governor of the Bank of England, the challenge for policymakers is to ensure that fintech develops in a way that maximizes the opportunities and minimizes the risks for society.

Similarly, standards are only as good as their ability to bring all parties together. ISO 20022 is an example of market infrastructures, financial institutions, regulators and SSBs collaborating to address the future needs of the industry. This standard provides the global financial industry a common way of communicating while protecting the framework from future syntax changes. The adoption of ISO 20022 has streamlined cross-border communication between financial institutions, their clients and domestic market infrastructures involved in processing their financial transactions.

As the industry continues to evolve in response to new technological innovations, market participants must come together to address the challenges we may face as adoption and its distribution intensifies. These are still early days, making this an opportune time to develop the rules and communications standards necessary to ensure fintech can reach its full potential.

Consider the adoption of legal entity identifiers (LEIs) as a key reference information that enables clear and unique identification of legal entities participating in financial transactions. LEIs play a key role in helping market participants and regulators aggregate and better understand exposures, enhance market transparency and significantly improve the analysis of micro and macro prudential risks. As a result, LEIs promote market integrity while constraining market abuse and financial fraud, and support higher quality and accuracy of financial data overall.

The adoption of LEIs and ISO 20022 are two examples where collaboration among key stakeholders produced standards that benefit the wider market. In both cases, the standards werent developed within any one organization, but rather jointly by the industry as forward-looking initiatives to improve the stability of the global financial system. We must follow this same approach on new innovations to ensure that financial infrastructure will remain robust and strong to continue protecting the stability and integrity of the global system for the years ahead.

International standards and the bodies that create them are critical today and will become more important in the future. The key will be for the U.S. to remain engaged in these SSBs, and for the SSBs to focus on their important mission – convening, harmonizing and floor-setting – and avoid the lure of prescriptiveness and the complications it can create.

Mark Wetjen is Managing Director and Head of Global Public Policy at DTCC

October ETF Inflows Continue as $40 Billion Heads into Stocks

With just a handful of months to go this year, flows into exchange-traded funds (ETFs) show few signs of slowing.

Investors, wary of lofty equity valuations and the dangers of fixed-income securities in a rising interest rate environment, have few places to park cash other than ETFs. This influx of cash continues amid a CBOE VIX Index that has been mired at decade lows – just this year alone it has spent more days below 10 than in all of its 26 previous years combined.

Its clear that investors continue to hum along and remain unfazed by geopolitical tensions and Washington rhetoric; evidenced by the $40.4 billion deposited into equity funds in October, said Matthew Bartolini, Head of SPDR Americas Research at State Street Global Advisors. This is nearly twice the amount we witnessed in September, and the largest monthly flow since September 2016 when the Trump Bump was in full effect.

In breaking down the stock inflows, he added that nearly $26 billion were deposited to US funds, while non-US focused funds took in over $11 billion. On the sector level, Materials and Industrials led the pack, attracting $2 billion and $1.9 billion, respectively, while Technology and Financials each took in $1.3 billion.

The uptick in October equity flows was led by US exposures and not international, the segment which has been the darling throughout the year, Bartoini continued. This is not a surprise, as US equity markets were gripped by the revitalization of the reflationary Trump Trade on the heels of tax reform talk, with the S&P 500 Index rallying 2 percent in October, notching its 50th new all-time high in 2017.

However, international funds an ETFs also have a story to tell. SSGA reported that non-US focused funds took in over $11 billion in October, led by developed exposures. The yearly absolute figures are record setting, Bartolini noted, explaining these figures as a percent of start of year assets depict how seismic the shift towards overseas has been. For instance, developed ex-US funds have accumulated 36 percent of start of year assets compared to just 9 percent of US focused funds. Emerging market funds have also gotten in on the action, taking in over 30 percent of start of year assets.

These shifts highlight how investors are traveling overseas in search of opportunities supported by improving growth and attractive valuations, Bartolini said.

And the inflows arent just into stock funds either, he added. In his latest US ETF Flash Flows report, Bartolini reported bond ETFs continued their tear, attracting nearly $10 billion in October, taking the annual haul to nearly $114 billion. This is the first time in history that ETF bond flows have breached the $100 million level.

Based on the average monthly flow in 2017, fixed income flows could end up over $130 billion for the year – a startling figure, Bartolini said. But, if equity funds look like the big winners in absolute dollars, bonds are the funds to watch, amassing nearly 25 percent of start of year assets compared to equity funds 13 percent. This clear shift into fixed income ETFs can be partly explained by demographics, the need for income and the potential efficiency the product structure may provide relative to other investment vehicles.

Only two bond segments SSGA tracks witnessed outflows in October, and on a year to date or trailing 12 month basis, not a single segment is in outflows. Bartolini said this is evidence of just how widespread the search for income has been in 2017.

The leaders for October were the more traditional aggregate and investment grade corporate spaces, offering a relative yield pick up over treasuries and introducing some credit risk into the portfolio, he said. But with rates still low on a historical basis, to clip a higher coupon in the search for yield, investors sought out more credit sensitive segments of the bond market in October, and throughout 2017.

NEX Regulatory Reporting to Become an SFTR Trade Repository

NEX Regulatory Reporting announced its intention to apply to become a trade repository for the Securities Financing Transactions Regulation (SFTR) and launch a dedicated reporting solution, pending the issuance of the final technical standards from ESMA.

NEX Regulatory Reporting will in time add the SFTR trade repository and solution to its Global Reporting Hub to provide clients with an end-to-end solution for the securities lending and repo markets. The SFTR trade repository will be built and hosted in the cloud to ensure client data is processed and stored in a highly secure and robust environment.

Leveraging the NEX portfolio of services, NEX Regulatory Reporting will connect to the BrokerTec and ENSO platforms so that clients can automatically transfer their transaction data to the SFTR trade repository. The BrokerTec EU repo platform currently processes 10,000 repo trades per day with a total nominal trading volume of 250 billion, for over 90 clients, while the ENSO platform services over 100 hedge fund and asset management clients and has $1 trillion in client assets under advisory.

Ken Pigaga, CEO of NEX Optimisation, said: “While we await the final technical standards from ESMA, we have begun to put the building blocks in place for an SFTR solution and trade repository which will not only support our existing client base within NEX, but also the wider securities lending and repo markets. It’s important that service providers and clients alike begin to prepare for the impending regulation now, to avoid the last-minute rush for compliance that many in the market are currently experiencing ahead of MiFID II.”

Collin Coleman, Head of NEX Regulatory Reporting, said: “While most markets are used to a degree of regulatory reporting under EMIR, MiFID I and in now preparing for MiFID II, securities lending has to date been an unregulated market and so the introduction of SFTR will impact many global and regional banks and the buy side. Pending detail on the regulatory technical standards, we look forward to launching a complete SFTR solution and providing direct reporting access to NEX’s BrokerTec and ENSO clients.”

Intended to provide transparency and oversight on the use of securities financing transactions in the multi-trillion Repo and securities lending markets, SFTR will require financial and non-financial counterparties to report transactions to an authorised trade repository. Initially due to come into effect in Q4 2017 with a nine-month phase in period, the market anticipates that SFTR will come into effect during Q2 2019. Currently in review with the European Commission, ESMA is expected to release the final draft technical standards within the coming months.

Enough is Enough

On Thursday, theWall Street Journalreported on a controversy surrounding Intellicator, a proposed Nasdaq options data service that would leak sensitive trading information that investors assume would be private.

What the article does not say is that selling out investors data to traders looking for an edge is a practice thats been going on for years and is still happening today.

Nasdaq Velocity andForces

For 11 years -up until two weeks ago – Nasdaq sold data feeds called Market Velocity and Market Forces as part of a Market Analytics Data Package. They marketed these feeds as offering unique data that doesnt show up in a traditional quote feed which could be used to detect surges in trading interestbeforetrades occur (emphasis added).[1] These feeds didnt just include a new packaging of public data. According to Nasdaqs website, they incorporated displayable orders and non-display orders,[1] including indications of routable orders and even unfilled IOC (immediate-or-cancel) orders – information that would otherwise be deemed private.

Non-displayed orders are meant to be hidden from view. IOC orders in particular are designed to be executed immediately or cancelled back to the sender without leaving a footprint behind. Nasdaq violated those basic principles for a quick buck.

For 11 years, Velocity and Forces exposed investors and brokers to potential electronic front-running.

Nasdaq Pathfinders

Nasdaqs Market Pathfinders data product-which is still on the market-is described as an equity market data feed that tracks and discloses the number of shares purchased and sold by select participants with the goal of monitor[ing] the buying and selling of market participants (pathfinders) to identify those that are aggressively taking a position over an extended period of time.[2]

To minimize market impact, investors do everything they can to disguise their intentions?-?including breaking up large orders into smaller ones so they arent obviously coming from a large investor.

Pathfinders directly undermines those efforts. It reassembles and sells those signals of large interest, at the expense of large traders and investors.

Covering theirTracks

In late October, Nasdaq removed Velocity and Forces from their website and withdrew the feed with notice to the SEC. Some may argue that since they are off the market, the book is closed on those feeds.

But they didnt disappear because Nasdaq suddenly saw the light.

Nasdaq only removed Velocity and Forces after industry participants who came across the feeds started asking questions. Indeed, Nasdaq even notes in itsrule filingwithdrawing the product that customers expressed concern that data contained in the product may reveal too much information about the trading strategies of participants on the Exchange.

Nasdaq also tried to downplay the issue by claiming in the filing that there was low demand for the feeds. We encourage them to disclose which Nasdaq Members purchased those data feeds and how much volume those firms executed on Nasdaq since buying the product. Additionally, we hope that Nasdaq will thoroughly review its existing data products and rethink the decision to offer products like Pathfinders and Intellicator.

Enough isEnough

These feeds betrayed the trust investors and brokers place in Nasdaq. If Nasdaq were a dark pool, brokers and investors would shut it off overnight. There would be accountability for these actions.

Because Nasdaq is an exchange, some might claim that they cant avoid trading there. But this is only partially true.

By regulation, when taking liquidity with a marketable order, brokers must send their order to the venue with the best price, even if that is Nasdaq. But brokers and investorsdo have a choiceabout where they post limit and non-displayed orders.

Currently Nasdaq is the #1 exchange in the U.S. by market share, accounting for ~14% of U.S. equity trading. Like the other maker-taker exchanges, much of its market share is driven by brokers choosing to post orders on their market?-?which isnotrequired by regulation. In fact,public data showsthat lining up at the end of the line on Nasdaq may be one of the worst decisions a broker can make when it comes to trading quality. Nasdaq is also one of the largest exchanges for non-displayed trading in the U.S.?-?even though signals of non-displayed orders were being purposefully leaked for 11 years.

The question to the industry is: will you continue to post limit orders or non-displayed orders to Nasdaq?

Enough is enough. Its your order and your choice.

[1] Quotes fromnow-deletedNasdaq marketing materials.

[2] If at least 75% of a Nasdaq members volume is buying activity, the firm is involuntarily denoted as a Pathfinder?-?the same holds true if it was selling activity. Once there are at least three Pathfinders buying and three Pathfinders selling in a stock, Nasdaq disseminates a message indicating the count of Pathfinders on each side as well as the total shares theyve bought or sold in the last one minute, five minutes, and 60 minutes. If the count of Pathfinders drops below three buyers or three sellers, Nasdaq broadcasts an alert, notifying subscribers that Pathfinders have stopped trading a particular stock (Source:Nasdaq).

2017 Women in Finance Award Winners Announced

The third annual Markets Choice Awards: Women in Finance luncheon took place on Tuesday, November 7.

Held at Tao Downtown in Manhattans trendy Meatpacking District, the event convened nearly 400 market professionals from institutional investment firms, hedge funds, trading desks at the biggest global banks, exchanges, trading platforms, and technology providers.

The awards methodology was as follows: Markets Medias editorial team identified the best candidates via interviews with the senior market participants who are their colleagues, customers and competitors, as well as online submissions from Markets Medias subscriber base. From there, consultations with our WIF Advisory Board winnowed the field to the most deserving recipients, and final internal deliberations hammered out the winners.

Congratulations to the winners!

Crystal Ladder Andrea Leung, Deutsche Bank
Excellence in Trading Platforms Kristina Fan, 7 Chord
Excellence in Regulation Joanna Fields of Aplomb Strategies
Legal Eagle Vivian Maese, Latham & Watkins
Excellence in Hedge Funds Kimberly Jensen, Citadel
Excellence in Exchange Data Lynn Martin, ICE Data Services
Excellence in Leadership Karen OConnor, trueEX
Rising Star Maryse Gordon, UnaVista (an LSEG company)
Rising Star Carolyn Harbaugh, Credit Suisse
Rising Star Emiko Kamoda, Goldman Sachs
Rising Star Olivia Kelly, OpenDoor Trading
Rising Star Christina Landry, trueEX
Rising Star Kristin Lyons, Cowen & Co.
Rising Star Amanda Meatto, Tradeweb
Rising Star Lauren Rauch, Chicago Trading Company
Rising Star Natasha Shamis, Liquidnet
Rising Star Meghan Suriani of INTL FCStone Financial
Rising Star Gabriela Wilewska, Citadel Securities
Rising Star Vivian Yiu of Cboe Global Markets
CIO of the Year Cindy Finkelman, FactSet
Excellence in Blockchain Andrea Tinianow of the State of Delaware
Excellence in ETFs Samara Cohen, BlackRock
Excellence in Fixed Income Trading Thea Williams of T. Rowe Price
Excellence in Exchange Technology Julie Armstrong, CME Group
Excellence in Private Equity Kristin Mott, Seamax Capital Management
Trailblazer Joanna Davies, NEX Traiana
Excellence in Consulting Betty Gee, Barclays
Excellence in European Banking & Capital Markets Marisa Drew, Credit Suisse
Excellence in Algorithmic Trading Sharon Pinter, Deutsche Bank
Excellence in Service Providers Chitra Baskar of Viteos
Excellence in Marketing (Marketing Maven) Lorna Boucher, Instinet
Excellence in Marketing (Content Marketing) Shelley Eleby, Clearpool Group
Excellence in Marketing (Video and Design Marketing) Cheryl Gilberg, Mizuho Americas
Excellence in Marketing (Retail Marketing) Anita Liskey, CME Group
Excellence in Marketing (Marketing Entrepreneur of the Year) Marisa Ricciardi, The Ricciardi Group
Excellence in Marketing (Brand Marketing) Brenda Tsai, FactSet
Individual Achievement Susan Cosgrove, DTCC
Excellence in Institutional Sales Khristina McLaughlin, Macquarie Group
Excellence in Fintech Anna Garcia, Runway Venture Partners
Disruptor of the Year Susan Estes, OpenDoor Trading
Top Trader (Equities) Lucy DeStefano, Aptigon Capital (a Citadel company)
Top Trader (Fixed Income) Iseult Conlin, BlackRock
Excellence in Research Kathleen Kelley, Queen Annes Gate Capital Management
Excellence in Product Management Elisabeth Kirby, Tradeweb
Excellence in Banking Elinor Hoover, Citigroup
Excellence in Asset Management Marie-Helene McAndrew, Perella Weinberg Partners
CEO of the Year Jennifer Nayar, Vela
Lifetime Achievement Eileen K. Murray, Bridgewater Associates
Excellence in Wealth Management Ann Bergin, DTCC

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