Many individual investors were introduced to market structure anomalies because they had their “buy button turned off.” This was a multi-level failure of our complex market structure, from under-capitalized clearing brokers to flawed margin calculation cycles. It exposed an underbelly of markets that has remained opaque for too long, and has left many investors questioning the very heart of our markets and whether they actually own the shares that they have purchased. Current regulatory disclosures are inadequate to give the public confidence in the system, and inadequate to police systematic abuse of the system.
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Ten years of enforcing Rule 5310 produced ten paperwork cases and not one dollar returned to a single customer. Now FINRA is asking whether to relax it. Comments are due September 25, 2026, and it takes about two minutes.
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