Privacy policy

Pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA) and the U.S. Securities and Exchange Commission (SEC) Regulation S-P (17 CFR 248.1-248.30), we are required to notify you of NuDay Capital Corp.’s (NuDay Capital) Privacy Policy.

This disclosure is intended to notify you of the uses we make of the non-public financial and personal information we obtain about you in the course of providing brokerage services for you. NuDay Capital is a New York Corporation with a main office located in New York City, New York.

We are an introducing securities broker-dealer, with our transactions clearing through another registered broker-dealer, RBC Correspondent Services (RBC CS), a division of RBC Capital Markets, LLC, Apex Clearing Corporation and COR Clearing. RBC Capital Markets LLC, Apex Clearing Corp and/or COR Clearing Corp’s Private Policy deliver their privacy policy under separate cover either electronically or physical statement. NuDay Capital is registered with the SEC and a member of the Financial Industry Regulatory Authority (FINRA) and the Securities Investor Protection Corporation (SIPC).

In order to transact securities business on your behalf, we obtain a variety of non-public financial and personal information about you. In addition, we maintain a record of your securities transactions, which is also non-public. We obtain and maintain records of this information only for the purpose of maintaining the business of being a securities broker-dealer, and in compliance with applicable federal, state and self-regulatory organization rules.

NO SALE OF YOUR NON-PUBLIC FINANCIAL AND PERSONAL INFORMATION NuDay Capital DOES NOT SELL YOUR NON-PUBLIC FINANCIAL OR PERSONAL INFORMATION. NON-PUBLIC FINANCIAL AND PERSONAL INFORMATION COLLECTED The information collected and maintained by NuDay Capital in transacting securities information on your behalf includes, or may include, the following types of non-public financial and personal information:

  1. Information from you: information you provide on new account form(s); whether provided in writing, in person, by telephone or facsimile, via electronic communication or any other means; such as your name, telephone number, address, social security number, tax ID number, assets, income, investment objectives, financial situation, employer, age and previous securities experience.
  2. Information about your securities and/or other transactions:
    • information NuDay Capital collects and relates to account(s) balance, payment history, trading activity and any other transactions, which take place through or affect transactions which take place through NuDay Capital; and
    • information NuDay Capital collects as part of servicing your account(s).
  3. Information about your transactions with non-affiliated third parties:
    • information from non- affiliated third parties pursuant to law, rules, regulations, standard securities industry practice and/or legal process, including documents received, shared, produced or provided in connection with a subpoena, discovery request or other legal process compelling production; and
    • information from non-affiliated third parties related to servicing your account(s).

NON-PUBLIC FINANCIAL AND PERSONAL INFORMATION DISCLOSED TO AFFILIATES AND NON-AFFILIATED THIRD PARTIES NuDay Capital discloses to affiliated and non-affiliated third parties non-public financial and personal information only in connection with the conduct of its securities brokerage business. Such disclosures may include, among other things, information related to transactions, settlement, billing, payment, processing, clearing, transferring, reconciling, collection or tax reporting. Disclosures may be made to affiliates or non-affiliated third parties:

  1. as required or necessary to carry out fully and properly the securities business conducted by NuDay Capital (e.g. to service providers supplying document processing and delivery, data maintenance or processing services, RBC CS, Apex Clearing Corporation, COR Clearing and to non-affiliated clearing agencies or entities);
  2. as required by law or legal process;
  3. with your consent;
  4. to resolve customer disputes;
  5. when requested by a fiduciary or beneficiary on the account;
  6. when requested by the client’s attorney(s) or accountant(s);
  7. when required by a regulatory agency, or for other reasons required or permitted by law; or
  8. in connection with a sale or merger of the firm’s business.

FORMER CUSTOMERS The same protections for non-public financial and personal information of current customers of NuDay Capital apply to information regarding former customers: disclosure is made only as permitted/required by law or legal process, or with your consent.

CONFIDENTIALITY AND SECURITY OF NON-PUBLIC FINANCIAL AND PERSONAL INFORMATION NuDay Capital is committed to implementing and maintaining commercially reasonable and appropriate measures to maintain the privacy and confidentiality of the non-public financial and personal information we collect and maintain about you. Our procedures for insuring this include, at a minimum, the following: – Access controls on customer information systems, including controls to authenticate and permit access only to authorized individuals, as well as physical access controls. – Policies restricting the provision of non-public financial or personal information to anyone other than the customer over the phone. – Pre-employment screening, including fingerprinting of all employees with responsibilities for or access to non-public financial or personal information. NuDay Capital regularly reviews and may revise, or update its privacy policies and systems at any time, in accordance with changes in technology or legal requirements.

OPT-OUT PROVISIONS Since sharing information under the circumstances noted is necessary to service the client account or mandated by competent authority, NuDay Capital does not have any opt-out provisions.

SEC REQUIRED REPORT ON ROUTING OF CUSTOMER ORDERS In compliance with SEC Rule 11Ac1-6 requiring all brokerage firms to make publicly available quarterly reports on the routing of non-directed orders, please access NuDay Capital’s website at under the “SEC Disclosure Rule” section to obtain this information. In addition, upon your request, NuDay Capital will provide you with the name of the market center or exchange a specific order was routed for execution. The specific order must have been processed within the past six (6) months from the date of your request. Please contact Operations at (212) 813-1010.

CUSTOMER COMPLAINTS Please be advised that any customer complaint can be made in writing and directed to: Attn: Compliance Department NuDay Capital Corp. 810 Seventh Ave., 18th Floor New York, NY 10019 or by facsimile to the attention of Compliance (212) 813-1047.

Disclosure of SEC Required Order Routing Information The following is a Regulatory disclosure report that has been prepared to assist our customers and the general public. Click here


Extended Hours Trading Risk Disclosure

Extended Hours Trading refers to Pre-Market Trading session and After Hours Trading sessions that occur outside the standard trading session – 9:30 a.m. ET to 4:00 p.m. ET.

In accordance with FINRA and NASDAQ Rules, NuDay Capital Corp is required to disclose the common risks associated with trading in extended sessions that you should be aware of:

  • Risk of Lower Liquidity. Liquidity refers to the ability of market participants to buy and sell securities. Generally, the more orders that are available in a market, the greater the liquidity. Liquidity is important because with greater liquidity it is easier for investors to buy or sell securities, and as a result, investors are more likely to pay or receive a competitive price for securities purchased or sold. There may be lower liquidity in extended hours trading as compared to regular market hours. As a result, your order may only be partially executed, or not at all.
  • Risk of Higher Volatility. Volatility refers to the changes in price that securities undergo when trading. Generally, the higher the volatility of a security, the greater its price swings. There may be greater volatility in extended hours trading than in regular market hours. As a result, your order may only be partially executed, or not at all, or you may receive an inferior price in extended hours trading than you would during regular market hours.
  • Risk of Changing Prices. The prices of securities traded in extended hours trading may not reflect the prices either at the end of regular market hours, or upon the opening the next morning. As a result, you may receive an inferior price in extended hours trading than you would during regular market hours.
  • Risk of Unlinked Markets. Depending on the extended hours trading system or the time of day, the prices displayed on a particular extended hours trading system may not reflect the prices in other concurrently operating extended hours trading systems dealing in the same securities. Accordingly, you may receive an inferior price in one extended hours trading system than you would in another extended hours trading system.
  • Risk of News Announcements. Normally, issuers release news announcements that may affect the price of their securities after regular market hours. Similarly, important financial information is frequently announced outside of regular market hours. In extended hours trading, these announcements may occur during trading, and if combined with lower liquidity and higher volatility, may cause an exaggerated and unsustainable effect on the price of a security.
  • Risk of Wider Spreads. The spread refers to the difference in price between what you can buy a security for and what you can sell it for. Lower liquidity and higher volatility in extended hours trading may result in wider than normal spreads for a particular security.
  • Risk of Partial Executions. Orders placed during extended trading hours may be entered through a participating ECN or exchange, which may be linked to other ECNs or exchanges. Because you cannot add qualifiers to an order, such as AON or FOK, a round lot order may be filled in part by an odd lot or mixed lot order, leaving stock left over to buy or to sell. There is a risk that the remaining order may not be filled during the extended-hours session. An odd lot may not be represented in the displayed quote. This would occur in instances in which an order has an execution leaving an odd lot. There are no execution guaranties for an odd lot or the odd lot portion of a mixed lot portion of an order.
  • Risk of Lack of Calculation or Dissemination of Underlying Index Value or Intraday Indicative Value (“IIV”). For certain Derivative Securities Products, an updated underlying index value or IIV may not be calculated or publicly disseminated in extended trading hours. Since the underlying index value and IIV are not calculated or widely disseminated during the Opening and Late Trading Sessions, an investor who is unable to calculate implied values for certain Derivative Securities Products in those sessions may be at a disadvantage to market professionals.

FINRA Rule 5320 Disclosures

  • FINRA Rule 5320 generally prohibits a broker-dealer that accepts and holds an order in an equity security from its customer or a customer of another broker-dealer without immediately executing the order from trading that security on the same side of the market for its own account at a price that would satisfy the customer order, unless it immediately thereafter executes the customer order up to the size and at the same or better price at which it traded for its own account.
  • Institutional Accounts and Large Orders. With respect to the orders of an “institutional account,” as defined in NASD Rule 3110, or for orders of 10,000 shares or more (unless such orders are less than $100,000 in value), Rule 5320 permits a broker-dealer to, and NuDay Capital Corp may, trade an equity security on the same side of the market for its own account at a price that would satisfy such customer order provided that certain notice is provided to the customer and the customer is provided a meaningful opportunity to opt in to the Rule 5320 protections with respect to all or any portion of its order.
  • Institutional accounts and persons placing orders for 10,000 shares or more not otherwise subject to the protections afforded by Rule 5320 may “opt in” to the Rule 5320 protections by providing written notice (i) with respect to any particular order, at the time of placing an order to the NuDay Capital Corp Registered Representative taking your order, and (ii) with respect to all orders for your account, to NuDay Capital Corp, Attn: Chief Compliance Officer, 810 7th Avenue, 18th Floor, New York, New York, 10019.
  • Market Making Activities. NuDay Capital Corp engages in market maker activity in various equity securities. With respect to NMS stocks, as defined in Rule 600 of SEC Regulation NMS, NuDay Capital Corp generally sends orders for NMS stocks to other market centers on an agency basis. NuDay Capital Corp has developed and implemented internal controls, including information barriers, that operate to prevent its market making desk from obtaining knowledge of customer orders not routed to it and, accordingly, our market making desk may trade for our own account prior to completion of your order and at the same or a better price than you receive.
  • “Not Held” Orders. When you place an order with us and leave the price and time of execution to our discretion (a “not held order”), we may trade in the security for our own account prior to completion of your order and at the same or a better price than you receive.

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