As an expert content creator with extensive experience in writing engaging blog posts, I am here to provide you with an overview of Alternative Trading Systems (ATS). ATS are trading venues that match buyers and sellers for securities transactions, offering an alternative to traditional stock exchanges. These platforms, such as electronic communication networks (ECNs), focus on finding counterparties for large buy and sell orders.

ATS, although registered as broker-dealers, operate with less regulation than exchanges. They provide institutional investors with alternative means to access liquidity and the ability to conceal trading from public view. Dark pools, a type of ATS used by hedge funds, operate with little transparency, raising concerns about unfair advantages.

Between 2013 and 2015, ATS accounted for approximately 18% of all stock trading. However, they have faced enforcement actions for infractions such as trading against customer order flow or using confidential customer trading information. To enhance operational transparency and protect subscribers' trading information, recent amendments to SEC Regulation ATS have been introduced.

Stay tuned as we delve deeper into the world of Alternative Trading Systems and explore their impact on the financial markets.

• Alternative trading systems (ATS) are trading venues that match large buy and sell orders for securities, providing alternative means to access liquidity.

• ATS platforms, such as electronic communication networks (ECNs) and dark pools, offer less regulation compared to traditional stock exchanges.

• ATS face enforcement actions for infractions such as trading against customer order flow and using confidential customer trading information.

• Recent amendments to SEC Regulation ATS aim to enhance operational transparency and protect subscribers' trading information.

• ATS, including ECNs, dark pools, crossing networks, and call markets, offer options for conducting large quantities of trading and avoiding market price skewing.

What is an ATS Alternative Trading System?

Definition and Function

An alternative trading system (ATS) is a trading venue that operates outside the traditional exchange framework. Unlike regulated exchanges, ATS platforms are less regulated, providing alternative means to access liquidity. ATS, such as electronic communication networks (ECNs), match large buy and sell orders for securities. These platforms are registered as broker-dealers and primarily focus on finding counterparties for transactions.

ATS offer institutional investors the advantage of concealing their trading activities from public view. This can be particularly useful when conducting large-volume trades. By operating outside the traditional exchange order books, trading conducted on ATS is not publicly available and does not affect security prices.

Comparison to Traditional Exchanges

Compared to traditional stock exchanges, ATS face less regulation. While exchanges operate under stringent rules and oversight, ATS enjoy more flexibility in their operations. This flexibility allows them to provide alternative means of trading and access to liquidity.

ATS platforms, such as dark pools, are used by institutional investors, like hedge funds, to prevent other investors from buying securities in advance. Dark pools, however, have been criticized for operating with little transparency, conveying an unfair advantage to certain market participants.

Regulatory Framework

The U.S. Securities and Exchange Commission (SEC) regulates ATS through Regulation ATS. This regulatory framework establishes the requirements and obligations for ATS platforms. ATS must register as broker-dealers, file reports, and comply with rules to operate within the regulatory framework. The recent amendments to Regulation ATS aim to enhance operational transparency and protect subscribers' trading information.

Although ATS are not national securities exchanges, they have the option to apply to become one. If an ATS registers as a broker-dealer, it must comply with obligations associated with being a registered broker-dealer, including membership with the Financial Industry Regulatory Authority (FINRA) and adherence to FINRA rules.

Member firms operating an ATS should review specific FINRA rules, such as rules 1012, 1013, 1014, and 1017, which pertain to new membership applications or the operation of an ATS.

It is important for member firms to stay updated on new laws, rules, and regulations related to ATS and regularly update their compliance programs. Additional guidance on regulatory obligations can be found on the Broker-Dealer Registration Topic Page and other relevant FINRA Topic Pages. For further guidance, member firms can utilize MAP's pre-filing meeting process or contact FINRA's Office of General Counsel (OGC). The OGC staff contacts for ATS-related inquiries are Kosha Dalal and Sarah Kwak, while the MAP staff contact is Jante Turner.

Remember, compliance with regulatory obligations is crucial for ATS platforms to operate within the legal framework. While a provided compliance tool can be useful, it is important to tailor it to the firm's size and needs. The tool does not guarantee compliance or create any safe harbor. Also, note that the tool was last updated on June 29, 2023, and may not reflect recent regulatory changes.

In Europe, an ATS is known as a Multilateral Trading Facility (MTF). The concept of ATS and MTF share similarities, providing alternative trading venues for matching buyers and sellers of securities.

To learn more about ATS and their regulatory framework, you can refer to the Corporate Finance Institute.

Types of ATS Alternative Trading Systems

Alternative trading systems (ATS) are trading venues that provide alternative means to access liquidity and match buyers and sellers for securities transactions. ATS platforms, such as electronic communication networks (ECNs), dark pools, crossing networks, and call markets, offer a less regulated environment compared to traditional stock exchanges. In this section, we will explore the different types of ATS and their characteristics.

Electronic Communication Networks (ECNs)

One type of ATS is the electronic communication network (ECN). ECNs enable major brokerages and individual traders to trade securities directly without the need for intermediaries. By connecting buyers and sellers electronically, ECNs facilitate efficient and fast trading. These platforms provide real-time quotes, market depth information, and the ability to execute trades at competitive prices. ECNs are particularly beneficial for high-frequency traders and those seeking to access liquidity in the market.

Dark Pools

Another type of ATS is the dark pool. Dark pools are private trading venues that operate with little transparency. They are often used by institutional investors, such as hedge funds, to prevent other investors from front-running their trades. Dark pools allow large volumes of securities to be traded out of the public eye, reducing the impact on market prices. However, they have been criticized for conveying an unfair advantage and lacking transparency, as trades conducted in dark pools are not publicly available.

Crossing Networks

Crossing networks are ATS that provide a platform for trades to happen outside of the public eye. These networks match buyers and sellers anonymously, allowing them to execute trades without disclosing their identities or intentions. Crossing networks are commonly used for block trades, where large quantities of securities are bought or sold. By avoiding public disclosure, crossing networks help prevent market price skewing and maintain confidentiality for institutional investors.

Call Markets

Call markets are ATS that group together orders until a specific number is reached before conducting the transaction. In a call market, buyers and sellers submit their orders, which are then compiled and executed at a predetermined time. The advantage of call markets is that they ensure fairness by executing trades at a single price, known as the clearing price. This eliminates the need for continuous price discovery and reduces market volatility.

In conclusion, ATS alternative trading systems provide alternative means for accessing liquidity and matching buyers and sellers for securities transactions. These platforms, including ECNs, dark pools, crossing networks, and call markets, offer different features and benefits to market participants. While ATS operate with less regulation compared to traditional stock exchanges, they still need to comply with relevant rules and regulations. Its wide range of trading venues caters to the diverse needs of investors and traders, offering flexibility and efficiency in the marketplace.

For more information on alternative trading systems, you can refer to Investopedia's article on alternative trading systems.

Advantages and Disadvantages of ATS Alternative Trading Systems

Alternative Trading Systems (ATS) offer a range of advantages and disadvantages for investors and traders. These platforms provide an alternative means to access liquidity and can be used by institutional investors to conceal their trading activities from public view. However, ATS have also faced enforcement actions and controversies due to their lack of transparency. In this section, we will explore the advantages and disadvantages of ATS in more detail.

Improved Liquidity Access

One of the key advantages of ATS is improved liquidity access. These trading venues, such as electronic communication networks (ECNs), match large buy and sell orders for securities. By connecting buyers and sellers directly, ATS platforms enable traders to access a larger pool of liquidity, potentially leading to better execution prices and reduced transaction costs. This increased liquidity access can be particularly beneficial for institutional investors and traders dealing with large quantities of securities.

Concealing Trading from Public View

Another advantage of ATS is the ability to conceal trading activities from public view. ATS platforms operate outside of traditional stock exchanges, and the trading conducted on them is not publicly available or displayed on national exchange order books. This can be advantageous for institutional investors who want to execute large trades without impacting market prices or revealing their trading strategies to the public. Dark pools, a type of ATS used by hedge funds, offer a high level of privacy and enable large volumes of securities to be traded out of the public eye.

Enforcement Actions and Controversies

Despite their advantages, ATS have faced enforcement actions and controversies. Some ATS have been subject to enforcement actions for infractions such as trading against customer order flow or using confidential customer trading information. These actions highlight the need for adequate regulation and oversight of ATS platforms to ensure fair and transparent trading practices. Dark pools, in particular, have come under scrutiny for their lack of transparency and potential unfair advantage over other investors.

Lack of Transparency

A significant disadvantage of ATS, especially dark pools, is their lack of transparency. Unlike traditional stock exchanges where trading activities are publicly available, ATS operate with little transparency. This lack of transparency raises concerns about market fairness, as it can create an information imbalance between participants. Critics argue that the lack of transparency in ATS, particularly in dark pools, can lead to unfair trading practices and harm market integrity.

In conclusion, ATS alternative trading systems offer improved liquidity access and the ability to conceal trading activities from public view. However, they have also faced enforcement actions and controversies due to their lack of transparency. It is essential for ATS platforms to ensure adequate regulation and oversight to maintain fair and transparent trading practices. Investors and traders should carefully consider the advantages and disadvantages of ATS before engaging in trading activities on these platforms.

For more information on alternative trading systems, you can refer to the Corporate Finance Institute.

ATS Alternative Trading System vs. Traditional Stock Exchanges

In the world of trading, there are various platforms and systems that investors use to buy and sell securities. One type of trading venue that has gained popularity in recent years is the Alternative Trading System (ATS). In this section, we will explore the differences between ATS and traditional stock exchanges, including their regulatory framework, focus and purpose, availability of trading information, and market price skewing.

Regulatory Differences

One of the key distinctions between ATS and traditional stock exchanges lies in their regulatory oversight. While stock exchanges are highly regulated entities, ATS platforms operate with less regulation. ATS, such as electronic communication networks (ECNs), are registered as broker-dealers and primarily focus on finding counterparties for securities transactions. This reduced regulatory burden allows ATS to provide alternative means of accessing liquidity and may be utilized by institutional investors to conceal their trading activities from public view.

Focus and Purpose

Traditional stock exchanges have a broader focus, providing a platform for a wide range of securities trading. On the other hand, ATS platforms have a narrower focus, matching large buy and sell orders for securities. ATS serve as a venue for buyers and sellers to connect and execute transactions. This streamlined approach allows ATS to cater to the specific needs of institutional investors and facilitate large quantities of trading.

Availability of Trading Information

When it comes to the availability of trading information, ATS differ significantly from traditional stock exchanges. Trading conducted on an ATS is not publicly available and does not appear on national exchange order books. This lack of transparency is particularly notable in dark pools, which are ATS used by hedge funds to prevent other investors from buying in advance. Dark pools operate with little transparency and have been criticized for conveying an unfair advantage to certain market participants.

Market Price Skewing

Another important aspect to consider is market price skewing. Traditional stock exchanges, with their broad participation and transparency, help ensure that market prices accurately reflect supply and demand. In contrast, ATS, particularly dark pools and crossing networks, operate outside of the public eye, often with large volumes of securities traded by institutional investors. This can potentially lead to market price skewing, as these transactions do not impact security prices in the same way as trades on traditional exchanges.

In conclusion, ATS offer an alternative means of trading securities compared to traditional stock exchanges. With their reduced regulatory oversight and focus on matching large buy and sell orders, ATS platforms like ECNs, dark pools, crossing networks, and call markets provide institutional investors with opportunities to access liquidity and execute large quantities of trades. However, the lack of transparency and the potential for market price skewing are important considerations when evaluating the benefits and risks of utilizing ATS for trading purposes.

To learn more about ATS and their regulatory framework, you can refer to the Corporate Finance Institute's article on alternative trading systems.

SEC Regulation ATS and Recent Amendments

The world of trading is constantly evolving, and one key aspect of this evolution is the rise of alternative trading systems (ATS). These trading venues, such as electronic communication networks (ECNs), have gained popularity due to their ability to match large buy and sell orders for securities. But what exactly is an ATS, and how does it differ from traditional exchanges? In this section, we will explore the regulatory framework for ATS, recent amendments to SEC Regulation ATS, and the implications for market participants.

Registration and Compliance Requirements

ATS platforms are not as heavily regulated as traditional stock exchanges. However, they are still required to register as broker-dealers and comply with certain rules and regulations set forth by the SEC. This registration process ensures that ATS platforms operate in a fair and transparent manner, providing a level playing field for market participants. Additionally, ATS platforms that register as broker-dealers are subject to obligations associated with being a registered broker-dealer, including membership with the Financial Industry Regulatory Authority (FINRA) and compliance with FINRA rules.

Operational Transparency Enhancements

One of the recent amendments to SEC Regulation ATS focuses on enhancing the operational transparency of ATS platforms. The goal is to provide market participants with more visibility into the trading activities taking place on these platforms. This increased transparency helps to promote fair and efficient markets, as participants can make more informed trading decisions. By shedding light on previously opaque trading practices, the amendments aim to address concerns regarding unfair advantages and potential market manipulation.

Protection of Subscribers' Trading Information

Another important aspect of the recent amendments to SEC Regulation ATS is the protection of subscribers' trading information. ATS platforms often handle sensitive trading data, and it is crucial to safeguard this information from unauthorized access or misuse. The amendments aim to establish clear guidelines and requirements for ATS platforms to protect the confidentiality and integrity of subscribers' trading information. This ensures that market participants can trade with confidence, knowing that their information is secure.

In summary, SEC Regulation ATS provides a regulatory framework for alternative trading systems, ensuring that they operate in a fair and transparent manner. Recent amendments to this regulation focus on enhancing operational transparency and protecting subscribers' trading information. These changes aim to promote fair and efficient markets while addressing concerns regarding unfair advantages and potential market manipulation. Market participants should stay updated on new laws, rules, and regulations to ensure compliance and regularly update their compliance programs.

For more information on SEC Regulation ATS and alternative trading systems, you can refer to the FINRA MAP Tools, which provide additional guidance on regulatory obligations and contact information for FINRA's Office of General Counsel (OGC) and Market Regulation Department (MAP). Remember, compliance is essential in the ever-changing landscape of the financial markets, so staying informed and proactive is key.

FINRA Rules and Compliance Obligations for ATS

In the world of securities trading, alternative trading systems (ATS) provide a valuable alternative to traditional exchanges. These trading venues, such as electronic communication networks (ECNs), focus on matching large buy and sell orders for securities. While ATS offer flexibility and access to liquidity, they operate with less regulation than exchanges.

Membership Applications

To operate as an ATS, firms must register as broker-dealers and comply with various rules and regulations. This includes becoming a member of the Financial Industry Regulatory Authority (FINRA). As part of the membership application process, firms should review specific FINRA rules such as 1012, 1013, 1014, and 1017.

Ongoing Operation of an ATS

Once an ATS is up and running, it must continue to meet compliance obligations. This includes staying updated on new laws, rules, and regulations that may impact operations. Firms should regularly update their compliance programs to ensure they align with the latest requirements. It is important to note that ATS are not exempt from the obligations associated with being a registered broker-dealer.

Importance of Compliance Programs

Compliance with FINRA rules is crucial for ATS to maintain their reputation and ensure fair and transparent trading. While compliance is a complex task, member firms can utilize a compliance tool provided by FINRA. This tool, although optional, can be tailored to the firm's size and needs. It is important to note that the compliance tool does not guarantee compliance or create a safe harbor. Firms must still actively monitor and adapt their compliance programs to meet evolving regulatory standards.

Role of the Compliance Tool

The compliance tool provided by FINRA is a valuable resource for member firms. It is designed to assist in meeting compliance obligations and promoting a culture of adherence to regulatory requirements. The tool covers various aspects of compliance, including recordkeeping, reporting, and supervisory procedures. However, it is essential to stay updated on recent regulatory changes as the tool may not reflect the most current requirements.

In addition to the compliance tool, member firms can seek additional guidance on regulatory obligations from FINRA's Office of General Counsel (OGC). The OGC provides interpretative guidance on FINRA's rules and can help firms navigate complex compliance issues. For specific questions or concerns, member firms can reach out to OGC staff contacts Kosha Dalal and Sarah Kwak.

For further assistance and guidance, member firms can also utilize the services of FINRA's Member Regulation and the Market Regulation Department's Market Access and Transparency (MAP) group. MAP's pre-filing meeting process can provide additional insights and ensure compliance with regulatory obligations. The staff contact for MAP is Jante Turner.

It is important for member firms to stay proactive in their compliance efforts and seek guidance when needed. Contact information for OGC and MAP is provided for easy access to assistance.

In summary, ATS play a significant role in the securities trading landscape by providing an alternative means of accessing liquidity. While they operate with less regulation than traditional exchanges, ATS must still comply with FINRA rules and meet ongoing compliance obligations. By utilizing the compliance tool, seeking guidance from OGC and MAP, and staying updated on regulatory changes, member firms can effectively navigate the complexities of operating an ATS and ensure fair and transparent trading for all market participants.

Citation: Corporate Finance Institute

Conclusion

In conclusion, alternative trading systems (ATS) provide a valuable option for investors to access liquidity and conduct large-scale trading. These platforms, such as electronic communication networks (ECNs), offer an alternative to traditional stock exchanges by matching buyers and sellers of securities. However, it is important to maintain regulatory awareness and navigate the transparency challenges associated with ATS.

Maintaining Regulatory Awareness

ATS operate under a regulatory framework established by the U.S. Securities and Exchange Commission (SEC). While they are not subject to the same level of regulation as exchanges, ATS must register as broker-dealers, file reports, and comply with rules to operate. Recent amendments to Regulation ATS aim to enhance operational transparency and protect subscribers' trading information. It is crucial for member firms to review specific FINRA rules and regularly update their compliance programs to stay in line with new laws, rules, and regulations.

Additional Guidance and Contacts

For additional guidance on regulatory obligations, member firms can visit the Broker-Dealer Registration Topic Page and other relevant FINRA Topic Pages. The pre-filing meeting process provided by MAP can also be utilized to seek guidance. The Office of General Counsel (OGC) at FINRA offers interpretative guidance on FINRA's rules, and staff contacts Kosha Dalal and Sarah Kwak can provide assistance. Additionally, for specific inquiries, member firms can reach out to Jante Turner at MAP.

Transparency Challenges and Solutions

One of the primary challenges with ATS, especially dark pools, is the lack of transparency. Dark pools, which are ATS used by hedge funds to prevent other investors from buying in advance, operate with little visibility and have been criticized for conveying an unfair advantage. To address this issue, regulators have implemented measures to enhance operational transparency and protect subscribers' trading information. However, it remains important for investors to be aware of the potential lack of transparency when utilizing ATS and to carefully consider the associated risks.

In summary, alternative trading systems offer investors an alternative means to access liquidity and conduct large-scale trading. While they face less regulation compared to traditional stock exchanges, it is crucial for member firms to maintain regulatory awareness, seek additional guidance when needed, and address transparency challenges. By staying informed and proactive, investors can navigate the ATS landscape effectively and make informed trading decisions.

For more information, please refer to the FINRA Alternative Trading Systems Guidance.

Frequently Asked Questions

What is an alternative trading system (ATS)?

An alternative trading system (ATS) is a trading venue that is less regulated than an exchange. ATS platforms, such as electronic communication networks (ECNs), match large buy and sell orders for securities. They are registered as broker-dealers and focus on finding counterparties for transactions.

What are the advantages of using an ATS?

ATS provide alternative means to access liquidity and may be used by institutional investors to conceal trading from public view. They are useful for conducting large quantities of trading and avoiding market price skewing.

What are dark pools?

Dark pools are ATS used by hedge funds to prevent other investors from buying in advance. They operate with little transparency and are criticized for conveying an unfair advantage.

How are ATS regulated?

SEC Regulation ATS establishes a regulatory framework for ATS. ATS must register as a broker-dealer, file reports, and comply with rules to operate. Recent amendments to Regulation ATS aim to enhance operational transparency and protect subscribers' trading information.

Can an ATS become a national securities exchange?

An ATS is not a national securities exchange, but it can apply to become one.

What obligations do ATS have as registered broker-dealers?

If an ATS registers as a broker-dealer, it must comply with obligations associated with being a registered broker-dealer, including FINRA membership and compliance with FINRA rules. Member firms should review specific FINRA rules (1012, 1013, 1014, and 1017) for new membership applications or operation of an ATS.

Is the provided compliance tool mandatory?

The provided compliance tool is optional and should be tailored to the firm's size and needs. It does not guarantee compliance or create any safe harbor.

How can member firms stay updated on regulatory changes?

Member firms should stay updated on new laws, rules, and regulations and regularly update their compliance programs. Additional guidance on regulatory obligations can be found on the Broker-Dealer Registration Topic Page and other relevant FINRA Topic Pages.

How can additional guidance be obtained?

MAP's pre-filing meeting process can be utilized for additional guidance by contacting MAP. FINRA's Office of General Counsel (OGC) also provides interpretative guidance on FINRA's rules. OGC staff contacts are Kosha Dalal and Sarah Kwak. MAP staff contact is Jante Turner. Contact information for OGC and MAP is provided.

What are some examples of ATS?

Examples of ATS include electronic communication networks (ECNs), dark pools, crossing networks, and call markets. ECNs enable major brokerages and individual traders to trade securities directly without a middleman. Dark pools involve trading out of the public eye, often with large volumes of securities conducted by institutional investors. Crossing networks allow trades to happen outside of the public eye and do not affect security prices. Call markets group together orders until a specific number is reached before conducting the transaction.

What are the concerns with ATS?

Lack of transparency is a common issue with ATS, especially with dark pools.