Dave Lauer Profile picture
Nov 22 15 tweets 7 min read
I can confirm I've heard similar things as has been reported publicly - the SEC is moving towards a Dec 14 vote on a proposal that will be the biggest overhaul of markets since Reg NMS in 2005. Here's what I think this will look like. 🧵
The proposal sounds comprehensive, w/ 6 main parts: Best Execution, Retail Auctions, Rule 605 Reform, Tick Increment Changes and Harmonization, NBBO Reform and Market Data changes. This lines up with what @GaryGensler has said publicly for the past 6 months since his June speech.
@GaryGensler The best execution changes should include an order-by-order standard. This strikes at the heart of current PFOF brokers/internalizers, who only focus on aggregate execution quality (& still fail to achieve best ex). That's why you see so many 1 mil PI fills - to juice the stats.
@GaryGensler Forcing retail brokers to focus on order-by-order execution quality will force them to seek better alternatives. Those alternatives will be required to be competitive - that's what the retail auctions will be. I don't have details on what this will look like, so hard to judge.
@GaryGensler If auctions are well designed and highly competitive, research suggests there could be positive spillover effects into the broader market. These auctions will take place on exchange, not off, so that alone should represent a big win for both retail and market quality in general.
@GaryGensler However, if these auctions are fragmented across exchanges, difficult for diverse participants to engage with, or modeled after options market price improvement mechanisms - then I'll be much less optimistic on the impacts. I'll have a lot more to say on this in the future.
@GaryGensler Rule 605 reform - venue/broker execution quality disclosures - is LONG overdue. This is an issue I've been pushing for over 10 years now, even submitted a detailed proposal to SEC with metrics to include. This is often overlooked, but a disclosure that can have real impact.
@GaryGensler Tick size reform is something we emphasized to @GaryGensler in our meeting with him - it will help to give similar price improvement opportunities on-exchange and help to level the playing field. Current regulation is designed to advantage wholesalers - we need to end that.
@GaryGensler For tick sizes (current 1 penny on exchange), I hope they'll take it down to half a penny for tick-constrained names, and either leave alone the other names or widen the increments. This is an area I expect #WeTheInvestors to focus on in our comment letter.
@GaryGensler The other two changes will be to improve the NBBO (include odd lots and other similar changes) and accelerate some of the market data reforms that have already been approved. These are both important and valuable changes.
@GaryGensler So many of you have been frustrated w/ slow pace of change for these proposals - believe me I understand, I've been working on these issues for a long time. That said, change is finally here - change that should make markets more fair and push retail trading out of the dark.
@GaryGensler I'm a strong believer that individual investors getting involved in this debate in an unprecedented way is making a HUGE difference. Not only that, but we have a strong seat at the table - we have called for many of these reforms, and are seen as a neutral party by the SEC.
@GaryGensler For too long, the wholesalers and PFOF brokers have "represented retail" - NO MORE. This is not the time to pull away or dismiss the SEC's efforts. Believe me, that's what these firms want you to do! When you’re cynical - they win. When we fight together - they can’t stop us.
@GaryGensler They want retail investors fighting & disagreeing with each other, being as disorganized as possible. Every time the SEC or Gensler are dismissed, the wholesalers and PFOF brokers celebrate. This is the time to double down, push harder & make sure markets are reformed properly.
@GaryGensler You can join our efforts to continue to push the SEC on these and other changes, either on the main website: urvin.finance/advocacy

Or with our most recent sign-on letter: urvin.finance/advocacy/we-th…

Next week we'll host an AMA Twitter Space to discuss all of this!

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More from @dlauer

Nov 10
A quick thread on DRS - holding shares directly w/the company in your name. Most individual investors buy shares with a broker & those shares are nearly always held in "street name." This means they are held under the broker's name. The buyer is not visible to the issuer.
Despite holding shares in "street name" you are still supposed to have all of the rights that come with holding shares, including dividends and the ability to vote. However, that is not always guaranteed.
In 2021, @terminalarc & others led a movement by GME shareholders to vote their shares in the company's AGM. This was primarily done on Reddit, was well organized, with detailed information on how to vote your shares & regular encouragement to do so.
reddit.com/r/Superstonk/c…
Read 16 tweets
Oct 28
Here’s a disturbing - but not surprising - thing I heard this week. A reliable source told me that a Republican rep recently heard from his constituents - YOU all - about Gamestop. The people had concerns about shorting, PFOF and internalization, and all the craziness in markets.
The rep went to one of the most senior Rs in the House and said "my constituents care about fairness in markets, what can we do about that?" He was told to FORGET about it because of their donors: "you don't want to mess with these people. You don't know what you're wading into.”
Gee, I wonder who that was? This is what we're up against - they will spend huge amounts of money, they will make massive political contributions, all to protect the golden goose and fight the changes that are coming from the SEC.
Read 13 tweets
Oct 6
Ok, so often when you bring up naked shorting and FTDs with anyone in the industry, they will say that it used to be a problem but Reg SHO fixed it. The claim is always that this is not happening anymore because of robust compliance and enforcement. UBS would like a word...
This week UBS was fined $3M in two actions by FINRA and censured. The actions were straightforward, they did not properly close out FTDs. They sold stock that they did not have, and then they did not deliver that stock. FOR NINE YEARS.
finra.org/sites/default/…
This is an interesting glimpse into a firm that is clearly trying to circumvent the rules. For example, they counted certain shares that they should not have as offsetting shorts and eliminating delivery obligations. They pretended limit orders & non-executed VWAPs satisfied FTDs
Read 10 tweets
Sep 8
Seems like a good time to revisit the IMC enforcement case. I've seen two main reactions to this:
1) None. The press appears uninterested, industry wants to sweep it under the rug.
2) Why was the fine so small? This is just a cost of doing business.
I want to focus on #1.
The PFOF industry wants this case to be swept under the rug because it's a really big deal. This is essentially the SEC declaring that OTC "market making" is not eligible for the locate exemption under Reg SHO - they are not engaged in "bona fide market making." Image
As a quick reminder, in January I made a point along these lines - Citadel and Virtu are not "market makers." They are high-speed speculators. What they do is not bona fide market making, and should not be treated as such.
Read 9 tweets
Aug 15
In US markets, market makers are allowed to sell stock short without having located shares before doing so. This exemption to Reg SHO's locate requirements is ripe for abuse, and the @SECGov has just fined IMC $125k for abusing this exemption.
sec.gov/litigation/adm…
@SECGov To qualify for such an exemption, you must be a "bona fide market maker" which in itself is a relatively outdated concept. Market makers don't have affirmative obligations anymore, and it's questionable whether they even need this exemption.
@SECGov What's pretty important about this case is that it specifically identifies IMC's activities in its SDP (Single Dealer Platform), and says that those activities do not qualify for the exemption. IMC executed "millions of short sales" without borrowing or locating shares.
Read 6 tweets
Aug 4
I think this is something a lot of industry pros are missing. Retail has completely changed the game in markets. The relationship between issuers and investors is being transformed, and part of that is spillover from web3 -> tradfi. This has far reaching consequences.
Crypto and web3 have created (or brought back, depending on how you look at it) a decentralized and direct ownership model. Retail investors who are directly registering their shares are bringing that mindset into securities markets.
Imagine this - most public, listed companies DON'T EVEN KNOW WHO THEIR SHAREHOLDERS ARE. They have no line of sight or visibility into them, except for the big institutions who hold shares directly. Retail investors have traditionally been an afterthought. Not anymore.
Read 7 tweets

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