FINRA Announces Publication of Interpretations and Investor Education Materials Relating to New Intraday Margin Standards
Summary
FINRA is publishing updated interpretations of its margin rule (FINRA Rule 4210) to provide guidance to members in implementing the new intraday margin standards. Correspondingly, FINRA is deleting all interpretations relating to the former day trading margin requirements, which the new intraday margin standards have replaced in their entirety. Also, FINRA has made available educational resources, which members can share with customers, that provide information about the new intraday margin standards and margin accounts.
The new and modified interpretations are available at Interpretations of Rule 4210. The new educational resources are available at:
Questions regarding this Notice may be directed to:
- James Barry, Director, Credit Regulation, Office of Financial and Operational Risk Policy (OFORP), at (646) 315-8347 or by email; and
- Joseph David, Senior Principal Specialist, Credit Regulation, OFORP, at (646) 315-8444 or by email.
Questions about the intraday margin requirements and the new and modified interpretations may also be directed to [email protected].
Background & Discussion
Interpretations
As announced in Regulatory Notice 26-101, FINRA has adopted new intraday margin standards that replace the outdated day trading margin requirements in their entirety. FINRA is updating its interpretations under FINRA Rule 4210 (Margin Requirements)2 to include new or modified interpretations relating to the amendments. Correspondingly, FINRA is deleting all interpretations relating to the former day trading margin requirements, given that these are rendered obsolete by the rule change.
A list of the new, modified, deleted and redesignated interpretations follows.
New Interpretations Relating to the Intraday Margin Rule
- 4210(a)(17)/01 Guaranties and Consolidation of Accounts
- 4210(a)(18)/01 Certain Charges to a Margin Account
- 4210(d)(2)(A)/01 Examples of Acceptable Methodologies for Determining a Margin Account’s Intraday Margin Deficit (“IMD”)
- 4210(d)(2)(A)/02 Days without IML-Reducing Transactions
- 4210(d)(2)(A)/03 Broker-Dealer Accounts
- 4210(d)(2)(B)(i)/01 Bank Sweep Funds Are Not Treated as Credits Except for Purposes of Determination of IMD and IML
- 4210(d)(2)(B)(ii)/01 Use of More Recent Prices to Determine Current Market Value
- 4210(d)(2)(B)(ii)/02 Use of End of Day Prices
- 4210(d)(2)(B)(ii)/03 Timing of Profit and Loss Recognition
- 4210(d)(2)(B)(iv)a./01 All But Not Less than All
- 4210(d)(2)(B)(iv)a./02 Selective Application
- 4210(d)(2)(B)(iv)b./01 Closing Position to Preempt IMD
- 4210(d)(2)(C)(ii)/01 Examples: Net Deposits
- 4210(d)(2)(C)(ii)/02 Example: Deposits of Securities
- 4210(d)(2)(C)(ii)/03 Example: Market Movements
- 4210(d)(2)(C)(ii)/04 Example: Combination of Deposit and Market Movements
- 4210(d)(2)(C)(ii)/05 Example: Liquidation
- 4210(d)(2)(C)(iii)/01 Capital Charge under SEA Rule 15c3-1(c)(2)(xii)
- 4210(d)(2)(D)/01 Practice of Failing to Satisfy Intraday Margin Deficits as Promptly as Possible
- 4210(d)(2)(D)/02 Certain Charges to a Margin Account
Interpretations That Have Been Modified
- 4210(b)(4)/023 Withdrawals below $2,000 Equity
- 4210(b)(4)/025 Minimum Equity – Pattern Day Trader — (Rescinded)
- 4210(b)(4)/034 Minimum Equity – Portfolio Margin Account
- 4210(f)(5)/03 Margin Sub-Accounts
Outdated Interpretations That Have Been Deleted
- 4210(f)(8)(B)(i)/01 Approved Specialist or Approved Market-Maker
- 4210(f)(8)(B)(i)/02 Omnibus Accounts
- 4210(f)(8)(B)(i)/03 Day Trading in Error Accounts
- 4210(f)(8)(B)(i)/04 Spreads
- 4210(f)(8)(B)(ii)/01 Multiple Purchases and Sales
- 4210(f)(8)(B)(ii)/02 Multiple Purchases and Sales – Alternative Method
- 4210(f)(8)(B)(ii)/03 Terminating Pattern Day Trader Status
- 4210(f)(8)(B)(iii)/01 Day-Trading Buying Power
- 4210(f)(8)(B)(iii)/02 Option Day Trade
- 4210(f)(8)(B)(iii)/03 “Time and Tick” and Aggregation
- 4210(f)(8)(B)(iii)/04 Multiple Day-Trade Calls
- 4210(f)(8)(B)(iii)/05 Liquidation to Meet a Day-Trade Call
- 4210(f)(8)(B)(iii)/06 Option Spreads and Combinations as Day Trades
- 4210(f)(8)(B)(iv)a./01 Minimum Equity Requirement
- 4210(f)(8)(B)(iv)d./01 Cash Available
- 4210(f)(8)(B)(iv)f./01 Deposit of Funds
- 4210(g)(13)/01 Equity Less than $5 Million
- 4210(g)(13)/02 Day Trading
- 4210(g)(13)/03 Intra-Day Maintenance Excess
Interpretations That Have Been Redesignated
- 4210(d)(1)/01 Credit Extended [Originally designated as 4210(d)(3)/01]
- 4210(d)(1)/02 Credit Committee [Originally designated as 4210(d)(3)/02]
Investor Education Materials
FINRA has developed educational resources for investors that provide information about the new intraday margin standards and margin accounts:
Members can share these materials with customers.