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Info Barriers a High Priority for FINRA TAMMS Exams
October 24, 2011
FINRA Chairman and CEO Rick Ketchum, speaking at the recent Security Traders Association Annual Meeting, talked about the new "Manning" rule that went into effect in September . The rule integrates and consolidates FINRA's customer order protection rule with NYSE's Rule 92.
Among other things, the new rule updates and simplifies the provisions to better reflect current market and trading practices and provides a uniform industry standard with respect to customer order protection. Mr. Ketchum also noted that the NYSE and FINRA rules were harmonized, which should have a beneficial effect on firms that are registered with both SROs.
Consistent with the former "black box" exception in NYSE Rule 92, the most significant change to FINRA's rule was the acknowledgment that retail order flow in NMS stocks can be walled off from a firm's market-making desk, provided there is an adequate information barrier in place separating the 2 areas, and providing that customers receive adequate disclosure of the arrangement. Assuming there are sufficient information barriers, a trade on the market-making desk would not give rise to an order protection obligation for a retail order on another desk.
Conclusion. Accordingly, given the importance of adequate information barriers under the rule, they will be a high priority item for TMMS examiners. From the lips of Rick Ketchum. For further details, go to: [FINRA Speeches, 10/13/11]

