
September 1901: The cornerstone of the NYSE building is laid.
As a reminder, Rule 48 says:
1) It is not mandatory to publish pre-opening indications.
2) Hold onto your hats, or grab onto some part of your person.
The actual text of Rule 48 (OK, without No. 2 above) is printed at the bottom of this post, for your reference.
I thought that today, when the foundations of finance are being shaken, might be an appropriate day to run the photo at top, courtesy of my AECs (Archival-Expertise Colleagues) Steve Wheeler and Janet Linde. The cornerstone of the New York Stock Exchange’s current building was laid in September 1901. One hundred and seven years later — and 216 years after the signing of the Buttonwood Agreement, a copy of which was put into that cornerstone — may your employer (and mine) continue to stand in the face of the current tempest.
And may today and the days to come turn out to be not as cataclysmic as widely expected, given the historic news from this weekend and this morning. As recounted by the New York Times:
In one of the most dramatic days in Wall Street’s history, Merrill Lynch agreed to sell itself on Sunday to Bank of America for roughly $50 billion to avert a deepening financial crisis, while another prominent securities firm, Lehman Brothers, said it would seek bankruptcy protection and hurtled toward liquidation after it failed to find a buyer.
The humbling moves, which reshape the landscape of American finance, mark the latest chapter in a tumultuous year in which once-proud financial institutions have been brought to their knees as a result of hundreds of billions of dollars in losses because of bad mortgage finance and real estate investments.
But even as the fates of Lehman and Merrill hung in the balance, another crisis loomed as the insurance giant American International Group appeared to teeter. Staggered by losses stemming from the credit crisis, A.I.G. sought a $40 billion lifeline from the Federal Reserve, without which the company may have only days to survive.
OK. Here’s that Rule 48 text.
Rule 48. Exemptive Relief — Extreme Market Volatility Condition
(a) In the event that extremely high market volatility is likely to have a Floor-wide impact on the ability of specialists to arrange for the fair and orderly opening of trading at the Exchange and that absent relief, the operation of the Exchange is likely to be impaired, a qualified Exchange officer may declare an extreme market volatility condition with respect to trading on or through the facilities of the Exchange.
(b) In the event that an extreme market volatility condition is declared with respect to trading on or through the facilities of the Exchange, a qualified Exchange officer shall be empowered to suspend (i) the need for prior Floor Official or prior NYSE Floor operations approval to open a security at the Exchange and/or (ii) applicable requirements to make pre-opening indications in a security. Such suspension is subject to the following provisions:
(1)(a) Before declaring an extreme market volatility condition, the qualified Exchange officer shall consider the facts and circumstances that are likely to have Floor-wide impact for a particular trading session, including volatility in the previous day’s trading session, trading in foreign markets before the open, substantial activity in the futures market before the open, the volume of pre-opening indications of interest, evidence of pre-opening significant order imbalances across the market, government announcements, news and corporate events, and such other market conditions that could impact Floor-wide trading conditions.
(b) Such review shall be undertaken in consultation with relevant officials of NYSE Market and NYSE Regulation, as appropriate. Following the review, the qualified Exchange officer or his or her designee shall document the basis for declaring an extreme market volatility condition.
(2) The qualified Exchange officer will make a reasonable effort to consult with the staff of the Securities and Exchange Commission before declaring an extreme market volatility condition and granting a suspension of the NYSE rules or procedures. In the event that the qualified Exchange officer cannot reach the Commission staff, the qualified Exchange officer will, as promptly as practicable in the circumstances, inform the Commission staff of such declaration, the basis for such declaration, and what relief has been granted.
(3) An extreme market volatility condition may only be declared before the scheduled opening or reopening following a market-wide halt of securities at the Exchange.
(4) A declaration of an extreme market volatility condition shall be in effect only for the trading session on the particular day that the extreme market volatility condition is determined to exist. The Exchange may declare a separate extreme market volatility condition on subsequent days subject to sections (b)(1) through (b)(3) above.
(5) A declaration of extreme market volatility shall not relieve specialists from the obligation to make pre-opening indications in situations where the opening of a security is delayed for reasons unrelated to the extreme market volatility condition.
(c) For purposes of this Rule, a “qualified Exchange officer” means the Chief Executive Officer of NYSE Euronext, Inc., or his or her designee, or the Chief Executive Officer of NYSE Regulation, Inc., or his or her designee.
Original post by Lutz Deyerling