Exploring Backing Away [Securities]: Legal Definition and Consequences

Definition & Meaning

Backing away in securities refers to the failure of a market maker to complete a transaction after providing a firm quote. This means that when a market maker commits to buying or selling a specific quantity of a security, they do not follow through with the transaction. This practice is deemed unethical and violates the rules set by the National Association of Securities Dealers (NASD).

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A market maker quotes a price of $50 for 100 shares of a stock. An investor agrees to this price, but the market maker later refuses to complete the transaction. This situation constitutes backing away.

Example 2: A broker provides a firm quote for a security but then fails to execute the trade when the investor accepts the offer (hypothetical example).

Comparison with related terms

Term Definition Key Differences
Backing Away Failure to complete a transaction after a firm quote. Specifically involves market makers and is considered unethical.
Quote Stuffing Rapidly placing and canceling orders to manipulate market prices. Involves manipulation rather than failure to execute.
Order Cancellation Withdrawing an order before it is executed. Can be a legitimate action, unlike backing away.

What to do if this term applies to you

If you believe you have been affected by backing away, consider taking the following steps:

  • Document all communications and quotes provided by the market maker.
  • Consult with a legal professional to understand your rights and options.
  • Explore US Legal Forms for templates that may assist in addressing your situation.

Key takeaways

Frequently asked questions

Document the details and consult a legal professional for advice.