Rule 612 (Sub-Penny Rule)

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SUMMARY

Rule 612 of Regulation NMS, also known as the Sub-Penny Rule, prohibits market participants from displaying, ranking, or accepting quotations in NMS stocks that are priced in increments smaller than 0.01forstockspricedabove0.01 for stocks priced above 1.00, and smaller than 0.0001forstockspricedbelow0.0001 for stocks priced below 1.00.

Core requirements and purpose

Rule 612 was implemented by the SEC as part of Regulation NMS to address market structure concerns around sub-penny pricing. The rule aims to:

  • Prevent excessive quote flickering
  • Reduce the ability to step ahead of displayed orders by economically insignificant amounts
  • Maintain orderly markets by establishing minimum price increments
  • Support fair and efficient price discovery

Market impact and implications

Order display and ranking

The rule directly affects how exchanges and Alternative Trading Systems (ATSs) handle order pricing:

Trading behavior effects

The Sub-Penny Rule has significant implications for:

  • Market Microstructure - Defines fundamental price grid
  • Queue priority - Prevents sub-penny stepping ahead
  • Tick Size economics - Establishes minimum economic increment
  • Liquidity provision - Affects market making strategies

The Sub-Penny Rule is fundamental to modern market structure, establishing clear minimum price increments that help maintain orderly markets while preventing excessive fragmentation of liquidity.

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Exceptions and special cases

While Rule 612 prohibits sub-penny quoting, certain exceptions exist:

  • Midpoint executions
  • Retail price improvement programs
  • Benchmark executions
  • Trade reporting of sub-penny executions

Impact on trading systems

Trading platforms must implement specific controls to comply with Rule 612:

Pre-trade validation

  • Price increment validation
  • Order rejection logic
  • Quote normalization

Market data processing

Modern market considerations

The rule continues to be debated in the context of:

  • Increasing automation and High-Frequency Trading
  • Market fragmentation
  • Tick size pilot programs
  • Retail trading innovation
  • Digital asset markets

Regulatory context

Rule 612 operates alongside other key regulations:

  • Rule 611 (Order Protection Rule)
  • Rule 603 (Market Data Distribution)
  • MiFID II tick size regime (international context)

The rule remains a cornerstone of modern market structure, though its applicability continues to be examined as markets evolve and new asset classes emerge.

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