These manipulators understand this rule better than most. They can NSS this stock to death as long as they do not make a trade at the end of the day that pushes the aggregate to $50k and do it for 5 days straight. They can exceed both for 4 days straight.
So two MM's or brokers working together could skirt this all day long and never raise a flag in the system. So take a break every 5 trading days. Pound the hell out the stock 4 out of 5 days. No flag is raised. That is why we have uptick days. They stop NSS trading activity and the price rises. They pound it down and get all the gains...do it again.
FINRA Rule 3210 defines threshold securities as any equity security of an issuer that is not an SEC reporting security and, for five consecutive settlement days, has:
•aggregate fails to deliver at a registered clearing agency of 10,000 shares or more; and
•a reported last sale during normal market hours (9:30 a.m. to 4 p.m., ET) for the security on that settlement day that would value the aggregate fail to deliver position at $50,000 or more.
A security ceases to be a threshold security if it does not exceed the specified level of fails for five consecutive settlement days.
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