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SEC Proposes Rule Change

SEC proposes rescission of Order Protection Rule, potentially altering equity market structure

SEC Proposes Rule Change

The Securities and Exchange Commission has proposed a rule change that would rescind the Order Protection Rule, a core element of the current equity market structure. The proposal, which was announced in June 2026, would remove Rules 611 and 610(e), and could have significant downstream consequences for other rules, broker-dealer practices, trading venue incentives, and market data. Comments on the proposal are due by Monday, August 17, 2026, and the SEC is expected to review the feedback before making a final decision.

The proposed rule change is part of a broader effort by the SEC to review and update its regulations. In March 2026, the SEC launched a dedicated SOX enforcement group, which is tasked with enforcing the Sarbanes-Oxley Act of 2002. The group is expected to sharpen the SEC's enforcement of corporate governance laws, and to increase scrutiny of companies' compliance with Sections 302 and 404 of the Act. The PCAOB's QC 1000 quality control standards are also expected to play a key role in the SEC's enforcement efforts.

The SEC's proposed rescission of the Order Protection Rule has sparked debate among market participants and regulatory experts. Some have argued that the rule is no longer necessary, and that its removal would allow for more efficient and competitive markets. Others have expressed concerns that the rule change could lead to increased volatility and decreased transparency. The SEC has stated that it will carefully consider all comments and feedback before making a final decision on the proposal.

In related news, the SEC has also proposed rescinding its climate-related disclosure rules, which were introduced in 2022. The proposal has been seen as a significant shift in the SEC's approach to disclosure rulemaking, and has sparked debate among regulatory experts and market participants. The SEC has stated that it will continue to prioritize disclosure rulemaking, but will do so in a way that is consistent with its statutory authority.

The SEC's enforcement efforts are also being closely watched, particularly in cases where the agency is working in parallel with the Department of Justice. The SEC's Enforcement Manual provides that any SEC investigation must have a purpose independent from the DOJ's, and that the SEC cannot take action solely for the benefit of the DOJ. This policy of collaboration and independence is expected to continue, even as the SEC and DOJ work together on complex and high-profile cases. The FBI has also issued alerts and guidance on cybersecurity and infrastructure security, highlighting the need for defensive action against malicious cyber activity by nation-state threat actors.

Diana Reeves
The Diana Reeves Take
Corporate Watchdog & Money & Markets

As I consider the SEC's proposed rule change, I firmly believe that it is a step in the right direction towards increased transparency and accountability. My thesis is that the current system disproportionately favors large corporations and institutional investors, leaving individual investors at a disadvantage. If nothing changes, Wall Street giants and high-frequency traders will continue to reap the benefits, while the average investor is left in the dark. These powerful entities will keep exploiting the system, further widening the gap between the haves and have-nots, and undermining the integrity of our financial markets.

Primary source: Sidley Austin LLP
Cross-reference independently — do not take our word for it.

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