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ARTICLE · 02 JULY 2021

Electronic Trading Platform Settles SEC Charges For Registration Failure

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An operator of an order and execution management system ("OEMS") that facilitates electronic trading settled SEC charges for failing to register as a broker-dealer.

United StatesCorporate/Commercial Law

An operator of an order and execution management system ("OEMS") that facilitates electronic trading settled SEC charges for failing to register as a broker-dealer. According to the SEC, this is the first ever SEC enforcement action against an OEMS provider for operating without registering as a broker-dealer.

In the Order, the SEC stated that the entity running the platform had been originally registered as a broker-dealer, but withdrew its broker-dealer registration after being acquired by another company. The SEC found that the platform continued to charge its customer-selected broker-dealers with transaction fees. The SEC stated that the platform replicated its authentication database to set up a local server for one of its most active and longstanding customers, suggesting that this may have created a loss of customer privacy.

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