2026-00113Notice

NYSE Adopts Nasdaq-Inspired Rule for Better Trade Execution

Published Date: 1/8/2026

Notice

Summary

The New York Stock Exchange just added Rule 5310 to make sure brokers always get the best prices when handling your orders. This new rule, inspired by Nasdaq’s playbook, aims to protect customers and boost fair trading starting right away. If you trade or work with the NYSE, expect smoother, smarter order handling with no extra fees or delays.

Analyzed Economic Effects

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

Brokers Must Seek Best Market

On December 22, 2025 the NYSE adopted Rule 5310 which requires member organizations and associated persons to use “reasonable diligence” to find the best market so a customer’s trade gets the most favorable price under prevailing market conditions. The rule lists five explicit factors to consider (market character, size/type of transaction, number of markets checked, accessibility of the quotation, and order terms) and is based on Nasdaq PHLX Rule General 9, Section 11.

Customer‑Directed Routing Limits Duty

Supplementary Material .03 states that if a customer gives an unsolicited instruction to route an order to a specific market, the member organization is not required to make additional best execution determinations beyond that instruction, but must still process the order promptly and per its terms. If the customer directs routing to another broker‑dealer, the receiving broker‑dealer must comply with Rule 5310 when handling the order.

No Improper Third‑Party Interpositioning

Rule 5310(a)(2) prohibits member organizations and associated persons from interposing a third party between the firm and the best market in a manner inconsistent with the best-execution requirement. This aims to prevent routing through middlemen that could worsen a customer’s price.

Firms Must Justify Broker’s‑Broker Use

Proposed Rule 5310(b) places the burden on a retail firm to show acceptable circumstances when it cannot execute directly and must use a broker’s broker or other third party to obtain an execution advantageous to the customer. The rule gives examples of acceptable circumstances, such as a cross with another retail firm or where revealing the retail firm’s identity would cause undue price movement.

Harmonized Best‑Execution Standards

The NYSE rule adopts standards substantially similar to Nasdaq PHLX Rule General 9, Section 11 and incorporates guidance aligned with FINRA Rule 5310, which the Exchange says will harmonize best-execution and interpositioning standards across self-regulatory organizations. The Exchange states this harmonization will reduce complexity for member organizations and promote consistent customer order protection.

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Key Dates

Effective Date
Published Date
12/22/2025
1/8/2026

Department and Agencies

Department
Independent Agency
Agency
Securities and Exchange Commission
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