Saturday, February 19, 2011

market rules must anticipate issues

market rules must anticipate issues : A special committee said federal regulators have made positive changes, but they also need to create new rules that anticipate market problems to avoid another disruption like the May 6, 2010 plunge that rocked investor confidence.

The joint advisory committee of the Securities and Exchange Commission and the Commodity Futures Trading Commission recommended, in a report Friday, that the SEC consider new incentives or rules that would restrain market strategies commonly used by high-speed trading firms.

The report says there are limitations to some restrictions the regulators put in place after the plunge, such as curbs that briefly halt trading of some stocks that make big price swings. Given the complexity of the market, rules "have to be more forward looking," it says.

The joint committee was established a few days after the May 6 disruption, which sent the Dow Jones industrial average careening nearly 1,000 points in less than a half-hour. A months-long investigation by the SEC and the CFTC determined that the so-called "flash crash" occurred when a trading firm executed a computerized selling program in an already stressed market. The firm's trade, worth $4.1 billion, led to a chain of events that ended with market players swiftly pulling their money from the stock market, the agencies' review found.

The "quick" actions of the SEC, the CFTC and the major stock markets following the plunge "addressed several glaring issues (and) were an excellent start to restoring confidence," the new report says.

It says, however, that the committee is concerned about the "limited applicability" of the trading halts put in place by the SEC. While they cover many of the problems raised by extreme price swings across the market, the so-called circuit breakers don't "address the potential of extreme price movements" of smaller stocks that have less trading volume, it said.

The report recommends that the regulators expand the rules on trading halts to cover all securities except for the most infrequently traded.

It also urges the SEC to consider new rules or incentives to encourage so-called "high-frequency" trading firms to regularly provide buy and sell quotes that are "reasonably" close to prevailing market prices. The incentives could include allowing firms that comply to locate their computers in locations they seek, the report suggested.

High-frequency firms use computers and mathematical formulas to exploit split-penny price differences. High-frequency trading is estimated to account for more than 50 percent of all U.S. stock trading. The firms often employ a practice called "quote stuffing," in which huge numbers of artificial orders to buy or sell are placed and then canceled almost immediately. Regulators say the practice may create the illusion of greater trading volume, potentially allowing sellers to profit from the perception of rising demand.

Members of the joint committee include Richard Ketchum, the chief executive of the Financial Industry Regulatory Authority, the securities industry's self-policing organization; and Brooksley Born, a former chairman of the CFTC.
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