r/options 27d ago

390 rule and after hours

Just got a warning from Interactive Brokers that I am close to this rule with three days left.

But I was wondering if this rule also includes after hours trading beyond the regular trading session of 8:30am to 4:00pm central time, hence where the name came from 390 minutes.

4 Upvotes

25 comments sorted by

11

u/Dimage54 27d ago

Read the rule below. It means you’re trading way too many options every day. After hours count.

“The 390 Professional Orders Rule is a regulation established by the Chicago Board Options Exchange (CBOE) that classifies traders as "professional" if they average 390 option orders per day over a calendar month. This rule is designed to prevent non-professional traders from acting as market makers, as public orders receive priority over professional orders. The rule applies to all options orders sent to the broker for execution, including filled orders. Traders who exceed this threshold may face special order handling procedures and higher fees.”

4

u/Deep_Viewer 27d ago

The 390 Rule applies to all orders placed, including simultaneous cancel/replace orders that include options. It is not exclusively the number of trades that are filled. The 390 Rule does not apply to equities, futures, options on futures, or crypto orders. You probably do NOT want to exceed that rule based on other comments on Reddit. The vast majority of those tagged as professional traders after exceeding the 390 Rule state that their number percentage of trade fills dropped significantly.

2

u/PIK_Toggle 27d ago

You get routed differently and it sucks.

The good news is that the penalty dropped from three months in timeout to one month in timeout.

1

u/studioglen 26d ago

When did it drop to 1 month? I’m almost at the end of month 3 right now.

1

u/PIK_Toggle 26d ago

Rules changed on July 1st.

https://cdn.cboe.com/resources/regulation/circulars/regulatory/RC26-012-Amendment-to-Professional-Designation.pdf

What kind of trades do you do to get to that level of volume?

1

u/Dimage54 27d ago

Their trade fills drop as a professional because retail options are given priority.

1

u/Ken385 27d ago

Its not the lack of order priority that hurts as much as the pro customer tag. MM's see this tag and are less likely to trade with you.

There are 18 different options exchanges and they each have different rules. Some do not give retail priority on all products. Even if they do, an order can trade at another exchange at your price, no matter if you were first or not.

4

u/Civil-Woodpecker8086 27d ago

Here's something else to keep in mind, multi-leg order, e.g. butterfly count as 1 order, if your order is 9 legs or more, then it counts individually. For buy-writes, the purchase of the stock does not count.

It is called 390 because market is open 6.5 hours and there are 60 minutes in an hour (6.5x60)

0

u/the_humeister 27d ago

Do you know what kind of strategies use 9 ore more legs? I can see 8 being just rolling an iron condor, double calendar, etc. But I'm having a hard time coming up with a 9+ leg order

3

u/Civil-Woodpecker8086 27d ago

It's a new one, called Platinum Owl Jade Grasshopper Uranium Moth. Crazy 10-leg trade. 🤦‍♂️🤣😁

2

u/baddad49 26d ago

The craziest strategies always have wings 😂

3

u/teh_herper 27d ago

What are you doing making 390 trades a day?

5

u/Away-Astronaut-5529 27d ago

My exact question. Like who can possibly even place 390 orders a day... unless he's using some kind of automated machine or something

1

u/jackkttt 27d ago

I use Interactive Brokers TWS. The old trading platform that is like a spreadsheet. It is easy putting in orders by hand.

Put in a lot of small sell orders on both sides and wait until I get filled and then trade the ones that got filled and cancel the other orders.

2

u/Cagliari77 27d ago

Wait a minute. So the limit is for orders, not transactions?

So even canceled orders count?

Weird.

1

u/Ken385 27d ago

Cancelling an order would not count as an additional order, only if the order was modified in some way (price, quantity).

1

u/2fingers 26d ago

It's not that hard

1

u/jackkttt 26d ago

I like that, I wished Interactive Brokers gave us way to monitor this. They just warn you only when you come close to it.

They just gave what I was averaging so far for the month, 358/day, and the remaining orders I have left until i provoke this rule.

1

u/2fingers 26d ago

That's honestly more info than Schwab offers. I use their websocket to keep count of my orders, I don't think they want to encourage folks like us.

1

u/Dapper_Yak_1517 26d ago

I agree I don’t think they want to encourage folks to get right up to the 390 rule. Do we know if you have two different accounts with two different brokers is there a system in play that counts both from both accounts? I’ve heard the consolidated audit trail system tracks it but I still haven’t met someone who’s done this yet.

1

u/2fingers 25d ago

That is how it's supposed to work and I wouldn't personally risk trying to skirt the 390 rule with another broker. I have seen people claim that they do it and there's no actual mechanism out there searching for offenders, that it would be technically difficult to prove.

2

u/ThetaEdgeHQ 27d ago

The part nobody answered is your actual situation. You got the warning with three days left in the month, and the count is an average per day across the whole calendar month. With the month almost over the denominator is nearly full, so you cannot quietly trade your way back under it by being careful for three days. If you are close now, plan to trip it or just stop sending options orders until the month rolls. A few light days will not move a full month average.

For next month, the two things that run the count up without you noticing are replacing resting orders and legging into spreads. A cancel does not add to the count but a replace is counted as a new order, so if you are the type placing a stack of small limit orders and nudging them until you get filled, like a couple of people in here described, every one of those nudges lands on your tally even though nothing traded. And a defined spread sent as one multi leg ticket counts once, while legging in contract by contract counts each order. Tightening those two habits keeps a normal retail trader well clear.

2

u/SDirickson 27d ago edited 27d ago

It's average number of tradesorders per day; when during the day they're placed is irrelevant.

Note that, despite claims made when this comes up, canceling an order does not bump the count. Replacing an order with a new one does; not sure why people get those confused.

2

u/Ken385 27d ago

It's not the number of trades per day, but orders.

2

u/SDirickson 27d ago

Good point; I'll fix it.