Day Trading | FINRA.org (2024)

Do you actively trade stocks? If so, it's important to know what it means to be a "pattern day trader" (PDT) because there are requirements associated with engaging in pattern day trading. Once you understand the requirements you must meet, you reduce the risk that your firm will place restrictions on your ability to trade.

What Is Day Trading?

Day trading refers to a trading strategy where an individual buys and sells (or sells and buys) the same security in a margin account on the same day in an attempt to profit from small movements in the price of the security. FINRA’s margin rule for day trading applies to day trading in any security, including options.

Day trading in a cash account is prohibited.All securities purchased in the cash account must be paid for in full before they are sold.

Who Is a Pattern Day Trader?

According to FINRA rules, you’re considered a pattern day trader if you execute four or more "day trades" within five business days—provided that the number of day trades represents more than 6 percent of your total trades in the margin account for that same five business day period.

There are two methods of counting day trades. Please contact your brokerage firm for more details on how they count trades to determine if you’re a pattern day trader.

The rules also require your firm to designate you as a pattern day trader if it knows or has a reasonable basis to believe that you’ll engage in pattern day trading. For example, if the firm provided day-trading training to you before opening your account, it could designate you as a pattern day trader.

In general, once your account has been coded as a pattern day trader account, a firm will continue to regard you as a pattern day trader, even if you don’t day trade for a five-day period, because the firm will have a “reasonable belief” that you’re a pattern day trader based on your prior trading activities. If you change your trading strategy to cease your day trading activities, you can contact your firm to discuss the appropriate coding of your account.

What Are the Requirements for Pattern Day Traders?

First, pattern day traders must maintain minimum equity of $25,000 in their margin account on any day that the customer day trades. This required minimum equity, which can be a combination of cash and eligible securities, must be in your account prior to engaging in any day-trading activities. If the account falls below the $25,000 requirement, the pattern day trader won’t be permitted to day trade until the account is restored to the $25,000 minimum equity level.

In addition, pattern day traders cannot trade in excess of their "day-trading buying power," which is generally up to four times the maintenance margin excess as of the close of business of the prior day. Maintenance margin excess is the amount by which the equity in the margin account exceeds the required margin.

What if I Get a Margin Call?

If a pattern day trader exceeds the day-trading buying power limitation, a firm will issue a day-trading margin call, after which the pattern day trader will then have, at most, five business days to deposit funds to meet the call. Until the margin call is met, the account will be restricted to a day-trading buying power of only two times maintenance margin excess based on the customer's daily total trading commitment. If the day-trading margin call is not met by the deadline, the account will be further restricted to trading only on a cash available basis for 90 days or until the call is met.

Any funds used to meet the day-trading minimum equity requirement or to meet a day-trading margin call must remain in the account for two business days following the close of business on any day when the deposit is required. The use of cross-guarantees to meet any day-trading margin requirements is prohibited.

Why Do I Have to Maintain Minimum Equity of $25,000?

Day trading can be extremely risky—both for the day trader and for the brokerage firm that clears the day trader’s transactions. Even if you end the day with no open positions, the trades you made while day trading most likely have not yet settled. The day trading margin requirements provide firms with a cushion to meet any deficiencies in your account resulting from day trading.

Most margin requirements are calculated based on a customer's securities positions at the end of the trading day. A customer who only day trades doesn’t have a security position at the end of the day upon which a margin calculation would otherwise result in a margin call. Nevertheless, the same customer has generated financial risk throughout the day. These rules address this risk by imposing a margin requirement for day trading calculated based on a trader’s largest open position during the day rather than on open positions at the end of the day.

Firms are free to impose a higher equity requirement than the minimum specified in the rules, and many of them do. These higher minimum requirements are often referred to as "house" requirements.

Is Pattern Day Trading Right for You?

Before you come to any conclusion, read and consider the points set forth in the Day-Trading Risk Disclosure Statement embodied in FINRA Rule 2270. In addition to minimum equity requirements, day trading requires knowledge of both securities markets in general and, more specifically, your brokerage firm's business practices, including the operation of the firm's order execution systems and procedures.

Day trading generally isn’t appropriate for someone of limited resources, limited investment or trading experience and low risk tolerance. A day trader should be prepared to lose all of the funds used for day trading. Given the risks, day-trading activities shouldn’t be funded with retirement savings, student loans, second mortgages, emergency funds, assets set aside for purposes such as education or home ownership or funds required to meet living expenses.

Day Trading | FINRA.org (2024)

FAQs

Day Trading | FINRA.org? ›

According to FINRA rules, you're considered a pattern day trader if you execute four or more "day trades" within five business days—provided that the number of day trades represents more than 6 percent of your total trades in the margin account for that same five business day period.

What are the FINRA regulations for day trading? ›

According to FINRA rules, you're considered a pattern day trader if you execute four or more "day trades" within five business days—provided that the number of day trades represents more than 6 percent of your total trades in the margin account for that same five business day period.

Why do you need $25,000 to day trade? ›

The idea behind the $25,000 requirement for day traders was that only professional investors would have that type of capital to keep in a brokerage account, thereby preventing smaller investors from burning up their own accounts via day trading.

How do I register as a day trader? ›

How to become a day trader
  1. Open a brokerage account. ...
  2. Ensure your account meets the equity requirement. ...
  3. Conduct at least four trades within five days. ...
  4. Verify that your day trades make up over 6% of your total trades. ...
  5. Consider joining a day trading firm.
Feb 3, 2023

How much money do day traders with $10000 accounts make per day on average? ›

Profit Margins

Day traders get a wide variety of results that largely depend on the amount of capital they can risk, and their skill at managing that money. If you have a trading account of $10,000, a good day might bring in a five percent gain, or $500.

Can I buy and sell same stock multiple times a day? ›

There are no restrictions on placing multiple buy orders to buy the same stock more than once in a day, and you can place multiple sell orders to sell the same stock in a single day.

How many day trades can you make in a day? ›

A day trade is when you purchase or short a security and then sell or cover the same security in the same day. Essentially, if you have a $5,000 account, you can only make three-day trades in any rolling five-day period. Once your account value is above $25,000, the restriction no longer applies to you.

What is the 3 trade rule? ›

Overview. You're generally limited to no more than three day trades in a five-trading-day period, unless you have at least $25,000 of equity in your account at the end of the previous day.

What is the rule of 3 5 and 7 in trading? ›

The strategy is very simple: count how many days, hours, or bars a run-up or a sell-off has transpired. Then on the third, fifth, or seventh bar, look for a bounce in the opposite direction. Too easy?

How much money do you need to legally day trade? ›

One of the most common requirements for trading the stock market as a day trader is the $25,000 rule. You need a minimum of $25,000 equity to day trade a margin account because the Financial Industry Regulatory Authority (FINRA) mandates it. The regulatory body calls it the 'Pattern Day Trading Rule'.

Should I start an LLC for day trading? ›

Should You Start an LLC as a Day Trader? A day trader would choose to start an LLC for legal protection and to protect against personal losses. An LLC takes only a few minutes to create and costs less than $200, even if you use an online service to set it up for you.

Do I need an LLC for day trading? ›

One of the most popular options for day traders is the limited liability company, or LLC model. While there are some minor drawbacks, including some negligible LLC annual fees, this is ultimately a highly beneficial approach for anyone interested in trading stocks for their vocation.

What happens if you are flagged as a day trader? ›

If you execute four or more round trips within five business days, you will be flagged as a pattern day trader. Here's where you might be dinged: If you're flagged as a pattern day trader and you have less than $25,000 in your account, you could be restricted from opening new positions.

How one trader made $2.4 million in 28 minutes? ›

In March 2015, an unidentified trader made a profit of over $2.4 million in just 28 minutes by buying $110,000 worth of calls on Altera stock. It all started with a news release saying that Intel was in talks to buy Altera.

How many hours a day do day traders work? ›

Most independent day traders have short days, working two to five hours per day. Often they will practice making simulated trades for several months before beginning to make live trades. They track their successes and failures versus the market, aiming to learn by experience.

How much do day traders pay in taxes? ›

Day trading taxes can vary depending on your trading patterns and your overall income, but they generally range between 10% and 37% of your profits. Income from trading is subject to capital gains taxes.

What is the FINRA 20 day rule? ›

At least 20 days before the first scheduled hearing date, all parties must provide all other parties with copies of all documents and other materials in their possession or control that they intend to use at the hearing that have not already been produced.

What is the 30 day rule for FINRA? ›

FINRA Rule 4530(a) requires firms to promptly report specified events to FINRA no later than 30 calendar days after the firm knows or should have known of their existence.

How to day trade without $25,000? ›

Because of the PDT rule, traders without 25k are not allowed to day trade using margin. A cash account solves this problem. All transactions clear overnight and your funds are available the next trading day. Unfortunately, cash accounts cannot take spread trades, however, they are perfect for directional trading.

What is the FINRA rule 2150? ›

Improper Use of Customers' Securities or Funds; Prohibition Against Guarantees and Sharing in Accounts. No member or person associated with a member shall make improper use of a customer's securities or funds.

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