Trading by members of exchanges, brokers, and dealers

15 U.S. Code § 78k. Trading by members of exchanges, brokers, and dealers

(a) Trading for own account or account of associated person; exceptions
(1) It shall be unlawful for any member of a national securities exchange to effect any transaction on such exchange for its own account, the account of an associated person, or an account with respect to which it or an associated person thereof exercises investment discretion: Provided, however, That this paragraph shall not make unlawful—
(A)
any transaction by a dealer acting in the capacity of market maker;
(B)
any transaction for the account of an odd-lot dealer in a security in which he is so registered;
(C)
any stabilizing transaction effected in compliance with rules under section 78j(b) of this title to facilitate a distribution of a security in which the member effecting such transaction is participating;
(D)
any bona fide arbitrage transaction, any bona fide hedge transaction involving a long or short position in an equity security and a long or short position in a security entitling the holder to acquire or sell such equity security, or any risk arbitrage transaction in connection with a merger, acquisition, tender offer, or similar transaction involving a recapitalization;
(E)
any transaction for the account of a natural person, the estate of a natural person, or a trust created by a natural person for himself or another natural person;
(F)
any transaction to offset a transaction made in error;
(G)
any other transaction for a member’s own account provided that (i) such member is primarily engaged in the business of underwriting and distributing securities issued by other persons, selling securities to customers, and acting as broker, or any one or more of such activities, and whose gross income normally is derived principally from such business and related activities and (ii) such transaction is effected in compliance with rules of the Commission which, as a minimum, assure that the transaction is not inconsistent with the maintenance of fair and orderly markets and yields priority, parity, and precedence in execution to orders for the account of persons who are not members or associated with members of the exchange;
(H) any transaction for an account with respect to which such member or an associated person thereof exercises investment discretion if such member—
(i)
has obtained, from the person or persons authorized to transact business for the account, express authorization for such member or associated person to effect such transactions prior to engaging in the practice of effecting such transactions;
(ii)
furnishes the person or persons authorized to transact business for the account with a statement at least annually disclosing the aggregate compensation received by the exchange member in effecting such transactions; and
(iii)
complies with any rules the Commission has prescribed with respect to the requirements of clauses (i) and (ii); and
(I)
any other transaction of a kind which the Commission, by rule, determines is consistent with the purposes of this paragraph, the protection of investors, and the maintenance of fair and orderly markets.
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