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SEC Proposes Transaction Fee Pilot Program

On March 14, the Securities and Exchange Commission proposed new Rule 610T of Regulation National Market System (Reg NMS), which would create a Transaction Fee Pilot program for all NMS stocks. The pilot program is designed to produce data on the effect of transaction fees and rebates on order routing behavior, execution quality, and market quality of the equities exchanges, including maker-taker exchanges.

In 2005, the SEC adopted Rule 610(c) of Regulation NMS to limit the maximum access fee that could be charged by maker-taker exchanges. The fee limit is imposed to ensure the fairness and accuracy of displayed quotations. The SEC now intends to launch a pilot program to determine if changes to Rule 610(c) or other regulatory action are needed.

To collect data, the proposed two year pilot program would include several test groups. One test group would prohibit rebates and linked pricing, and other groups would impose fee caps for removing and providing displayed liquidity. The pilot program would also have a control group in which the Rule 610(c) cap would continue to apply to fees for removing displayed liquidity.

Comments on the proposal should be submitted within 60 days of publication in the Federal Register. A link to the SEC proposing release is available here.

©2018 Katten Muchin Rosenman LLP

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About this Author

Janet M. Angstadt, Securities, Financial Services, Chicago, Lawyer, Katten Law FIrm
Partner

Janet M. Angstadt is the head of Katten's Chicago Financial Services practice. She focuses her practice on broker-dealer and exchange compliance issues and advises companies on matters regarding compliance with the regulations of the US Securities and Exchange Commission (SEC) and self-regulatory organizations (SROs).

Janet represents clients in a wide range of legal and regulatory matters, including mergers and acquisitions, SRO investigations, compliance issues related to registrations, sales practice, short sales, Regulation NMS, market-making and...

312.902.5494
Laura Krcmaric, Financial Services Attorney, Katten Law Firm
Associate

Laura Krcmaric represents clients in the financial services industry, focusing on regulatory and compliance work. Prior to joining Katten, Laura served as counsel for Credit Suisse, where she provided advice to the private banking and wealth management division. She also was an honors intern with the Securities and Exchange Commission.

While in law school, Laura served as a staff member and symposium editor for the North Carolina Law Review. She also was a member of the Community Development Law Clinic, representing nonprofit organizations.

312.902.5437