Quick Answer
FINRA requires every published quote and transaction report to be genuine, bans backing away from a firm quote, shuts down all trading and quoting during a halt, requires a reviewed information basis before quoting an OTC security, and requires quotes to clearly identify their type (firm, subject, nominal, and so on).
Each rule below targets a different way a market maker's quote could mislead or disadvantage the market, from fake activity to stale information to unlabeled quotes.
Publication of Transactions and Quotations
- Prohibits members from publishing or circulating reports of transactions or quotations unless the member believes them to be bona fide
- A member cannot publish a fictitious transaction or a quote that does not represent genuine trading interest
- Prevents market manipulation through fake transaction reports or misleading quotes
Think of it this way: Every published quote and trade report must be real. No fake prices, no phantom trades.
Offers at Stated Prices (Anti-Backing Away)
- No member shall make an offer to buy or sell at a stated price unless prepared to execute at that price and under the stated conditions
- Backing away (refusing to honor a firm quotation) is a violation
- Deemed conduct inconsistent with just and equitable principles of trade
- Applies to all firm quotations in inter-dealer and customer-facing systems
Exam Tip: Gotchas
- Backing away is a frequently tested concept. If the exam describes a market maker who quotes a stock at $25 ask, then refuses to sell at $25 when a customer wants to buy; that is backing away, a violation of the firm-quote obligation.
Prohibition During Trading Halts
When a trading halt is in effect for a security, no member may:
- Effect any transaction in that security
- Publish a quotation (priced bid/offer)
- Publish an unpriced indication of interest (including "bid wanted" or "offer wanted")
- Publish a bid or offer with a modifier reflecting unsolicited customer interest
Exception: Activity permitted under the Limit Up-Limit Down (LULD) plan
Key point: During a trading halt, everything stops; no trading, no quoting, no indications of interest.
Exam Tip: Gotchas
- The trading-halt prohibition covers all activity, not just trading. Publishing quotes and indications of interest are also prohibited.
OTC Quotation Information Requirement (Initiation or Resumption)
- Broker-dealers may not publish quotations in the OTC market unless they have reviewed current and publicly available information about the issuer
- The broker-dealer must believe the information is accurate and obtained from a reliable source
- Applies when a broker-dealer initiates or resumes quotation activity in an OTC security
- Designed to protect investors from trading in securities with inadequate public information
- Companies that fail to maintain current information may be moved to the OTC Expert Market, where quotations are only visible to broker-dealers (not retail investors)
Thousands of companies have been shifted to the Expert Market for failing to maintain current public information.
Exam Tip: Gotchas
- The OTC current-information requirement applies to OTC quotations specifically, not exchange-listed securities.
- Expert Market restriction: Retail investors cannot see quotes for non-compliant OTC companies. Only broker-dealers can view them.
Identification of Quotations Requirement
- Requires proper identification of the source and nature of published quotations
- Prevents misleading investors about the type or reliability of a quotation
- Ensures nominal (informational) quotes are clearly marked as such
What Should You Check on Exam Day?
- Can you spot a bona-fide-publication violation (a fake transaction report or quote with no genuine trading interest behind it)?
- Do you know a trading halt shuts down transactions, priced quotes, AND unpriced indications of interest (bid/offer wanted) alike?
- Do you know the OTC current-information requirement applies only to OTC quotations, not exchange-listed securities?
- Can you explain what happens to a company moved to the OTC Expert Market (quotes hidden from retail investors)?