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FINRA Votes to Replace $25,000 Day-Trading Minimum With Intraday Margin

SEC review will decide the final rule text, including timing.

Overview

  • FINRA’s board approved amendments Tuesday to overhaul pattern day trading rules as part of its FINRA Forward modernization effort after feedback from firms, industry groups, and investors.
  • The proposal swaps the fixed $25,000 equity threshold for an intraday margin framework that bases buying power on maintenance margin requirements for positions opened during the day.
  • Under current rules, a pattern day trader is one who executes four or more day trades within five business days if those trades exceed 6% of total trades in the margin account.
  • Day trading must occur in a margin account and the rules apply to all securities, including options; cash accounts cannot be used for day trading.
  • The 2001 rule was adopted during the dot-com era to limit risk for small traders, and coverage notes the change could boost retail and options activity, with Robinhood shares up about 1% on the news.