The Secondary Market

The secondary market is where previously issued securities trade between investors. Understanding the Securities Exchange Act of 1934 and the structure of various markets is crucial for Series 7 representatives.

Securities Exchange Act of 1934

The Securities Exchange Act of 1934 governs the secondary market—trading of outstanding securities. Often called the "People Act," it regulates market participants and trading practices.

Key Provisions

ProvisionDescription
Created SECEstablished the Securities and Exchange Commission
Broker-Dealer RegistrationRequires registration of broker-dealers
Exchange RegistrationRequires registration of national securities exchanges
Anti-FraudSection 10b-5 prohibits fraud in securities trading
Insider TradingProhibits trading on material non-public information
Proxy RulesRegulates shareholder voting and proxies
Margin RequirementsGave Federal Reserve authority over margin

1933 Act vs. 1934 Act

FeatureSecurities Act of 1933Securities Exchange Act of 1934
MarketPrimary (new issues)Secondary (trading)
FocusIssuers, offeringsBroker-dealers, markets
Key DocumentProspectusForm 10-K, 10-Q, 8-K
NicknamePaper ActPeople Act

Exchange Markets

New York Stock Exchange (NYSE)

The NYSE is the world's largest stock exchange by market capitalization. It operates as an auction market where buyers and sellers come together in a centralized location.

FeatureDescription
Market TypeAuction market
LocationPhysical trading floor + electronic
Key PlayerDesignated Market Maker (DMM)
Trading SystemUniversal Trading Platform

Designated Market Maker (DMM)

The DMM (formerly called "Specialist") is central to NYSE trading:

DMM Responsibilities:

  • Maintain fair and orderly markets for assigned securities
  • Provide liquidity when no other buyers/sellers available
  • Execute orders from the order book
  • Facilitate price discovery at market open/close

DMM Rules:

  • One DMM per listed stock
  • Must buy when no buyers (add liquidity)
  • Must sell when no sellers (add liquidity)
  • Acts as both agent (handling orders) and principal (trading for own account)

NASDAQ

NASDAQ (National Association of Securities Dealers Automated Quotations) is a negotiated market with multiple competing market makers.

FeatureDescription
Market TypeNegotiated/dealer market
LocationElectronic only (no physical floor)
Key PlayersMultiple competing market makers
Trading SystemNASDAQ Market Center

NASDAQ vs. NYSE Comparison

FeatureNYSENASDAQ
Market StructureAuctionNegotiated
Market MakersOne DMM per stockMultiple per stock
Physical LocationYesNo
CompetitionOrders competeDealers compete

OTC Markets

Securities not listed on major exchanges trade in the over-the-counter (OTC) market.

OTC Market Tiers

TierDescriptionRequirements
OTCQXBest marketplace; established companiesFinancial standards, disclosure
OTCQBVenture market; early-stage companiesSEC reporting, minimum price
Pink SheetsSpeculative securitiesMinimal requirements
Grey MarketNo quotes availableBroker-priced only

Market Makers in OTC

In OTC markets, market makers provide liquidity:

  • Post bid and ask prices for securities
  • Required to honor quotes up to their stated size
  • Multiple market makers may compete for the same security
  • Must stand ready to buy or sell at quoted prices

The Four Markets

MarketDescription
First MarketListed securities on exchanges (NYSE)
Second MarketOTC market (NASDAQ, Pink Sheets)
Third MarketListed securities trading OTC
Fourth MarketInstitution-to-institution (no intermediary)

Electronic Communication Networks (ECNs)

ECNs are electronic systems that match buy and sell orders:

  • Provide after-hours trading capability
  • Often offer lower costs than exchanges
  • Display anonymous quotes
  • Examples: Instinet, ARCA

Dark Pools

Dark pools are private exchanges where large institutional orders can be executed without displaying quotes publicly:

  • Reduce market impact of large trades
  • Less price transparency
  • Used primarily by institutional investors
  • Subject to SEC regulation

Bid, Ask, and Spread

Quote Terminology

TermDefinition
BidPrice dealers will pay to BUY (investors sell at bid)
Ask (Offer)Price dealers will SELL at (investors buy at ask)
SpreadDifference between bid and ask
Inside QuoteBest bid and best ask (NBBO)

Memory Aid: Investors buy at the ask, sell at the bid. Dealers do the opposite.

National Best Bid and Offer (NBBO)

The NBBO is the best available bid and ask price aggregated from all exchanges:

  • Required for best execution
  • Published by the Securities Information Processor (SIP)
  • Broker-dealers must consider NBBO when executing orders

On the Exam

The Series 7 exam frequently tests:

  • Differences between NYSE (auction) and NASDAQ (negotiated)
  • DMM/Specialist functions and responsibilities
  • Understanding bid, ask, and spread
  • The four markets (first through fourth)
  • OTC market structure and tiers
Test Your Knowledge

The New York Stock Exchange is classified as what type of market?

A
B
C
D
Test Your Knowledge

A stock is quoted at 45.50 - 45.75. An investor wanting to purchase 100 shares would pay:

A
B
C
D
Test Your Knowledge

Which entity maintains fair and orderly markets for assigned securities on the NYSE?

A
B
C
D
Test Your Knowledge

Trading of NYSE-listed securities in the over-the-counter market is known as:

A
B
C
D