Market Regulation Services Inc. is warning brokerage firms not to alter their Market-on-Close (MOC) orders after 15:40 ET, or risk facing allegations of manipulative trading.

In a market integrity notice published today, RS says that firms and traders must ensure that market orders entered on the Market-on-Close Facility of the Toronto Stock Exchange are accurate. And, it cautions, “any change or cancellation of such order must be entered prior to 3:40 p.m. Certain efforts by a Participant and Access Person to offset its Market MOC Order after 3:40 p.m. may be considered a manipulative or deceptive trading practice and would be subject to disciplinary proceedings.”

RS reports that there was recently a case where a firm sought to “correct a situation” by entering a Limit MOC Order at a price that virtually assured that a Market MOC Order for the account of the same person would cross with the Limit MOC Order and the trade resulting from this cross was subsequently cancelled by the firm.

And, it notes that firms have enquired whether such a trade is allowed, either to limit the ability of other firms to trade against an erroneous order or to affect the price that the Market MOC Order would receive. RS takes the position that this constitutes a “wash trade”, which will result in disciplinary proceedings.

It says that firms and traders should take every precaution to ensure that Market MOC Orders are accurate. “In particular, it is recommended that all Market MOC Orders be reviewed and confirmed prior to 3:40 p.m.”

If errors are discovered after 3:40, firms are asked to contact the Market Supervision Section of Market Regulation Services Inc. And, it may allow an off-setting Limit MOC Order. In determining whether to permit allow such an order, RS will consider:

  • the possible impact of the erroneous Market MOC Order on the closing price;
  • the extent to which trading activity may have already occurred in the affected security based on the MOC imbalance report; and
  • whether there is sufficient time to issue a notice to the market of the adjustment to the imbalance report.