2026-19298NoticeWallet

No More Bribing Rival Traders' Staff, Nasdaq Declares

Published Date: 9/22/2026

Notice

Summary

Nasdaq PHLX just added a new rule to stop people from trying to influence or reward employees of other companies in sneaky ways. This change helps keep trading fair and honest, and it kicks in right away with no extra costs. If you work in trading or finance, this new rule affects how you can interact with others’ employees.

Analyzed Economic Effects

4 provisions identified: 1 benefits, 3 costs, 0 mixed.

New $300 Gift Limit to Others' Employees

Member firms and their associated persons may not give anything of value, including gratuities, in excess of $300 per individual per year to an employee, agent, or representative of another firm when the payment is in relation to the business of that employee's employer. The rule treats any gift as a gratuity and applies to member organizations when they conduct business on the Exchange.

New Valuation, Aggregation, and Record Rules

Member organizations must value gifts (other than event tickets) at cost excluding tax and delivery; event tickets must be valued at the higher of cost or face value. Firms must aggregate all gifts given by the firm and its associated persons to each recipient over the year (calendar, fiscal, or rolling as the firm selects) and record recipient names and per-person values.

Supervision and Record-Retention Obligations

Member organizations must retain records of all payments or gratuities known to the firm and any related employment agreements for the period specified by Rule 17a-4 of the Exchange Act, and must have supervisory systems reasonably designed to achieve compliance with the rule. Procedures must ensure payments are reported, reviewed for compliance, and maintained in records, and an associated person giving a gift may not be the one to determine whether the gift relates to the recipient's employer's business.

Specified Exceptions and Exemptive Relief

The rule does not apply to (1) employment contracts or compensation where there is a prior written agreement describing the employment and consent of the employer; (2) customary personal gifts (e.g., wedding or birth gifts) that are personal and not related to the recipient's employer; (3) bereavement gifts that are customary and reasonable; (4) de minimis promotional items (e.g., pens, notepads) substantially below the $300 limit; and (5) donations to individuals for losses from a Presidentially declared major disaster. The Exchange also may grant exemptions for good cause consistent with investor protection and the public interest.

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Key Dates

Effective Date
Published Date
9/8/2026
9/22/2026

Department and Agencies

Department
Independent Agency
Agency
Securities and Exchange Commission
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