Saturday, June 12, 2010

The end of the exchanges

As NYSE passes its regulatory power to FINRA, the meaning of the word "exchange" loses relevance.

It was announced a month ago, on May 4, and was greeted without much fanfare: The New York Stock Exchange will delegate to FINRA responsibility for performing market surveillance and enforcement over trading on the NYSE.

To comply with the niceties of the Securities Exchange Act of 1934, the NYSE will retain responsibility for making sure that FINRA is doing its job. Lawyers will prepare appropriate procedures to demonstrate that this oversight function is being carried out properly. But, I very much doubt that anyone believes this will amount to anything more than window dressing. The NYSE's oversight role will be mainly perfunctory.

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