Nasdaq Prices Upgrades for Traders' New Tech Toys
Published Date: 9/29/2025
Notice
Summary
Nasdaq PHLX is rolling out new tech features and setting prices for them starting November 1, 2025. Traders and firms using the Exchange will see these changes, which help cover the costs of the upgrade. The new fees kick in right away but officially start in November, so everyone has time to get ready.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
Electronic FLEX Options per‑contract fees
If you trade electronic FLEX Options on Nasdaq PHLX, new per‑contract fees start on November 1, 2025. The Exchange will charge $0.10 per contract for FLEX Auctions (Market Makers, Lead Market Makers, Broker‑Dealers, Firms, Professionals), $0.07 per contract for FLEX PIXL and FLEX SOM for those same non‑customer categories, and $0.50 per contract for responses to FLEX PIXL and FLEX SOM for all participants; Customers are assessed $0.00 for the Auction and PIXL/SOM originating fees but $0.50 for response fees. Fees apply to both the originating and contra orders.
NDX/XND FLEX symbol fees and surcharges
For electronic FLEX trades in Nasdaq 100 products, specific symbol fees apply starting November 1, 2025. For FLEX NDX: Customers will be charged $0.25 per contract and Non‑Customers $0.75 per contract, with additional surcharges including a $0.25 per contract surcharge to Non‑Customers, a $1.50 per contract surcharge to electronic simple Non‑Customer orders that remove liquidity, a $0.50 per contract surcharge to Non‑Customer complex executions, and a $0.25 per contract surcharge for executions with premium $25.00 or greater. For FLEX XND: Customers will not be charged and Non‑Customers will be charged $0.10 per contract, plus a $0.10 per contract surcharge to Non‑Customers.
Crossing Orders fees, response charges, and break‑up rebates
Nasdaq PHLX will apply new per‑contract fees and rebates for Crossing Orders starting November 1, 2025. Non‑Customers pay $0.17 per contract for Crossing Orders (Customers pay $0.00); any response to a Crossing Order will be charged $0.50 per contract in Penny Symbols and $1.10 per contract in Non‑Penny Symbols for all participants. The Exchange will pay a facilitation/solicitation break‑up rebate of $0.20 per contract to all market participants except Market Makers and Lead Market Makers when certain originating contracts do not trade with their contra order.
Waivers for floor facilitation and volume threshold
Certain fee waivers start November 1, 2025: Floor FLEX transaction fees for a Firm will be waived when the member executes floor facilitation orders in its own proprietary account. Broker‑Dealer fees for BD‑Customer Facilitation will be waived if the member's BD‑Customer Facilitation average daily volume (including Floor FLEX and non‑Floor FLEX) exceeds 10,000 contracts per day in a given month.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-20466, Adviser and Regulated Fund Custody Rules; Crypto Custody Rules
The SEC is updating rules for how investment advisers and funds handle crypto assets, making sure they keep these digital investments safe and properly reported. These changes affect advisers, funds, and anyone managing crypto securities, aiming to modernize rules and improve transparency. Comments on the proposal are open until December 7, 2026, so get ready to weigh in!
2026-19260, Rescission of Rule 14a-8's Federal Regulation of Shareholder Proposals and Amendments to Rule 14a-4
The SEC wants to stop its federal rule that controls how shareholders can make proposals at company meetings, letting state laws and company rules take over instead. They’re also changing rules so companies can sometimes vote on proposals not in their official materials—but shareholders can opt out if they want. This affects investors and companies, with comments open until November 20, 2026, and could shake up how shareholder voices are heard and counted.
2026-18424, Political Contributions by Certain Investment Advisers
The Securities and Exchange Commission (the "Commission" or the "SEC") is proposing to rescind the political contribution rule under the Investment Advisers Act of 1940 (the "Advisers Act"), which prohibits investment advisers from providing investment advisory services for compensation to a government client for two years after an adviser or any covered associate of the adviser makes a contribution to certain categories of elected officials or candidates, among other prohibitions. In the more than fifteen years since the rule was adopted, implementation challenges associated with the political contribution rule have resulted in a range of significant unintended consequences, including compliance practices among some investment advisers that may have had the effect of restricting all political contributions by the investment advisers and their employees. Market participants also have stated that the political contribution rule is burdensome, complex, and both lacks clarity and creates a de facto strict liability standard. The Commission is of the view that other existing requirements of the Advisers Act and its associated rules, including prohibitions on fraud, fiduciary duty requirements, the compliance rule, and the code of ethics rule (defined below), are likely sufficient to address pay-to-play practices while allowing an adviser the flexibility to implement an approach that is more appropriately tailored to its particular risks, rendering the political contribution rule unnecessary. The Commission also is proposing to amend the rule under the Advisers Act pertaining to books and records consistent with the proposed rescission.
2026-18190, Transfer Agent Rules
The U.S. Securities and Exchange Commission ("SEC" or "Commission") is proposing to adopt new rules, amend existing rules, amend the existing form for registration with the Commission as a transfer agent (Form TA-1) and the existing form for reporting activities of transfer agents (Form TA-2), and rescind an existing rule governing registered transfer agents. The proposals are designed to modernize the rules governing registered transfer agents.
2026-17183, Regulation Crypto Assets
The Securities and Exchange Commission ("Commission") is proposing new rules to create a tailored offering regime for certain investment contracts involving crypto assets. The proposed offering regime is intended to facilitate capital formation and accommodate innovation within the crypto asset markets while, at the same time, ensuring that investors are adequately protected and provided with the information they need to make informed investment decisions. The proposed rules would be set forth in a new regulation titled "Regulation Crypto Assets" and would include two exemptions from the registration requirements of section 5 of the Securities Act of 1933. The first exemption would permit offerings of up to $5 million during a four-year period. The second exemption would permit offerings of up to $75 million during each 12-month period. Under both exemptions, issuers would be required to make certain principles-based narrative disclosures available to their investors. In addition, issuers under the second exemption would be required to provide financial statements and would be subject to ongoing reporting requirements. Issuers that rely on these exemptions would remain subject to the antifraud and antimanipulation provisions of the Federal securities laws. The proposed rules also would include a conditional safe harbor from the term "investment contract" in the definitions of "security" in the Securities Act of 1933 and the Securities Exchange Act of 1934. If the conditions of that proposed safe harbor are satisfied, then a crypto asset would be deemed not to be subject to an investment contract for purposes of those definitions of "security."
2026-12163, The Trade-Through Rule and Locked and Crossed Markets Provisions of Regulation NMS
The SEC wants to scrap some old rules that stop stocks from being traded at worse prices and prevent confusing market quotes. This change affects stock traders and exchanges, aiming to simplify trading and possibly speed things up. If you want to share your thoughts, you’ve got until August 17, 2026, so don’t miss out!
Previous / Next Documents
Previous: 2025-18788, Petition for Exemption; Summary of Petition Received; Wings of Mercy, Inc.
Wings of Mercy, Inc. is asking the FAA for a special exemption from some flight rules to help them serve people in need more easily. This change could speed up their missions without extra costs or delays. If approved, it’ll make their lifesaving flights smoother and more flexible.
Next: 2025-18790, Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Decommission the Initial Public Offering Tracking System
The Depository Trust Company (DTC) is shutting down its Initial Public Offering (IPO) Tracking System, a tool that helped track IPO shares after they launched. This change affects brokers and firms using this optional service and means they won’t pay the related tracking fee anymore. The update is effective immediately, making IPO tracking simpler and cutting unnecessary costs.