Subject: S7-29-22: WebForm Comments from Aswin Joy
From: Aswin Joy
Affiliation: Retail / Individual Investor

Mar. 07, 2023

March 7, 2023

 Dear SEC / Other market participants,

I am a retail / individual investor and I enthusiastically support this rule proposal (S7-29-22).

Prior to discussing any arguments, counterarguments, or suggestions for this proposal I would like to emphasize the following with my unique perspective as a retail investor  of which many of these rule proposals are addressing:
-       I DO NOT feel protected as an investor in the current market system
-       I DO NOT believe I am fairly represented by retail brokerages / market makers or large exchanges when handling my orders or in the public comments provided for these rule proposals
-       I DO NOT feel I as an individual am provided with sufficient transparency to allow me to instigate my own informed decisions on where best to place my orders or who provides me the best execution
-       I DO NOT feel I am receiving economically viable price improvement on my orders
-       I DO NOT feel I am receiving best execution on my orders and feel I am being scalped at the benefit of retail-orientated organisations for their benefit, not mine

For the remainder of this letter I have segmented my response into the following:
-       Why do I agree with this proposal?
-       What are some counterarguments to this proposal?
-       What changes or improvements can be made to this proposal?
-       Final thoughts

Why do I agree with this proposal?

To my understanding this rule proposal is intended to increase required disclosures on order executions of stocks including more entities required to disclose (SDPs, large broker-dealers, qualified auctions), more granular disclosure (odd lot, fractional shares, non-exempt short sales now included) and provision of better statistical data.
As a retail investor I greatly agree with the SECs approach to improving the transparency on execution quality  allowing retail investors to succinctly compare broker-dealers services. I believe this will be highly useful information for retail investors that if provided appropriate visibility by broker-dealers will lead to greater investor confidence, increase meaningful competition between broker-dealers  empower retail investors to make informed decisions about their investments.
I believe all components of this rule are crucial in the proposed aim of this proposal. In regards to specifics I am happy that SDPs, large broker-dealers  proposed qualified auctions will be included in the disclosures as they play a large role in retail order-flow and are essential data to capture to provide meaningful data. The inclusion of fractional shares  odd-lots are also essential in the provided data as these are the most commonly used orders by retail. Including odd-lots  fractionals also provides retail more information  confidence to invest more frequently with smaller order sizes. As an addition, I as a retail investor  many other retail investors were wholly unaware that the current rules do not capture odd-lots (most of our orders).
Non-exempt short sales are a core component of the current market, more so than odd-lots/fractionals and it is near unbelievable that these are not yet included in the Rule 605. This component is mandatory for fair  transparent markets. Similarly after market  premarket trades play a greater role today than ever before with much of the price changes occurring during these times rather than during market hours. Adding this to the Rule 605 should also be mandatory.
In regards to the additional statistical data, focusing on average, median  99th percentile categorisations are an important step in providing readable information that can be interpreted by both investors  regulators. The latter being important in ensuring regulations are enforced in a fair  timely manner that in the grand scope will provide a safer  fairer market for investors.
Lastly the monthly reports are an important feature of this proposal as it is the core deliverer of information to the retail investor. I believe that the monthly requirement rather than quarterly or annual reports is beneficial to the investor as it disincentivises concentrated periods of improved execution to misrepresent the data in the report. This frequency will also ensure that broker-dealers are constantly looking to improve execution quality  increasing competition  ultimately stimulating future innovations for execution quality.

What are some counterarguments to this proposal?

-       Will retail investors use this information?
o       Yes, as a retail investor this is highly important information as it is one of the main determinants on how much value I can derive with my orders. I believe it is an important step to empowering investors  increasing transparency in the market.

-       Does it need to be monthly?
o       Yes, as this ensures the data provided remains reliable thus useful to retail investors. Larger periods may lead to concentrated periods of better execution quality matched with overall poor execution to misrepresent data provided.

-       SDPs / Large broker-dealers / Qualified auctions do not need to be included, this may disrupt their current practices?
o       As a retail investor I believe these entities are essential in the execution quality data as they are the main proponents on delivering execution. Disruptions are possible however I believe in principle with best execution, these changes should already be in place for these organisations. I find it hard to believe multi-billion level organisations handling near trillions of AUM are incapable of making these changes. If these changes overall increase cost to the retail investor, personally I am happy to accept the cost if it leads to increased transparency, competition  improves my ability to discern between broker-dealers.

-       Short sales, odd lots, fractional shares etc is too much information
o       I disagree  in fact it is personally more important than round lots to me as these are the most commonly used orders by retail. I do not agree that any of this is too much data. If presented in a clear  concise manner I believe most retail investors will be able to discern valuable information. We currently expect investors to assess earning reports etc to further their investments, why would this data be so out of reach?

-       Can the data provided be correlated with past data? Will we need to delay other proposals to ensure there is accurate data?
o       On a basic level I do believe it is important that the new data collected can be compared to prior data for academic study  statistical analysis. However on deeper introspection I do believe the rules should proceed even in contrast to this. Firstly the lack of data will only be an issue for the initial month after the rules are implemented as after 2 months the new data can be compared against each other. From that point on the data will continue to grow. Secondly the new rules do not remove disclosures previously established  thus there is still plenty of information that can be compared on a larger timescale. Thirdly this rule adds disclosures thus actually improving the data that is available for analysis  outright countering the core argument that this could limit our ability to analyse/act on the data. Lastly and I believe most importantly, many of these inclusions such as including SDPs, large broker-dealers, more order types  i.e. odds lots, short sales etc are such crucial
  facets of the current markets that the lack of this information is near negligent  outright counteractive to the SECs mandates of fair, orderly  efficient markets.

-       The data is too complex to derive valuable insights
o       This comment is disingenuous. The proposed data points suggested by the proposal are clear  have meaningful statistical value i.e. Mean, median etc. In addition to the already available data required by the current Rule 605 that market participants  regulators should already be familiar with. Many of the new data points do not stray too far from current requirements  in fact many could be derived just from the current data  to say that summarising  making the available data readable is too difficult in borderline incompetent. If regulators are unable to handle this level of information it implies there is a greater issue than just execution quality  the regulatory capacity should be called into question.

-       There are too many con-current compliance dates for market participants to follow thus the rule should be delayed / withdrawn
o       The implementation of a rule should be weighed against its value not simply delayed/withdrawn based on inconvenience. This is not mentioning that these entities are the most financially well resourced organisations on the planet. I believe they should be able to handle a few differing compliance dates.

-       There is no need for this rule, retail investors already receive unparalleled execution
o       Personally I disagree with this statement  if true then this data will only enforce this not detract. Additionally simply because there is good execution does not mean we should not strive to improve it.

What changes or improvements can be made to this proposal?

-       Ensure reports are provided in a timely fashion (i.e. within 24hours)
o       Timely information will be important to allow retail investors to make the best decisions in regards to which broker-dealer they use  what the execution quality is in the specified timeframe. Delayed reports could suggest great execution quality when in reality there has been a significant decline since the last report.

-       Ensure monthly reports are clearly displayed to investors by broker-dealers
o       For investors to truly benefit we should be able to easily access this data. This means either clearly documented by the broker-dealer or visible from the SEC. As possible suggestions  having this data presented when joining a broker dealer or provided with the terms  conditions will ensure visibility  enable the desired competition between broker-dealers. Similarly the SEC may perform an ad campaign stating the new monthly reports are now available. Having a broad variety of retail investors notice  read the reports will likely provide the most potent force for informed investors  stimulus for innovation in execution quality.

-       Consider including all broker-dealers  not just large broker-dealers
o       As an unintended consequence a lack of execution data from small broker-dealers may incentivise smaller agents to provide poorer execution quality as they are exempt from these rules  will financially benefit more with other parameters such as execution speed or increased fee/rebate. I would suggest eventually all brokers are included but do not believe the current rule be delayed to implement this.

Final thoughts

As a conclusion to this letter I would like to clearly state that I strongly support the SECs rule proposal on Order execution information (S7-29-22)  truly appreciate the effort, diligence and time spent on this proposal. I believe this is a great initial step in restoring investor confidence in the current market  ensuring retail / individual investors are active participants rather than products utilised by broker-dealers/market-makers/exchanges.

I hope you take my full comments into consideration  consider some of the suggestions I have proposed. I also hope you have an opportunity to read the comments I have also provided on the other 3 rule proposals (S7-30-22, S7-31-22  S7-32-22).

Thank you for looking out for retail / individual investors  considering our opinions.

Kind regards,
Aswin Joy
Retail / Individual Investor