On April 14, 2026 the U.S. Securities and Exchange Commission granted accelerated approval to FINRA's rewrite of Rule 4210. The Pattern Day Trader designation and the $25,000 minimum equity requirement that have gated retail day trading since 2001 are both retired. In their place, FINRA is rolling out a real-time intraday margin system tied to the actual risk of your open positions.
This is the most meaningful shift in retail trading rules in a generation.
Read it from the source:
- SEC Order granting approval (File No. SR-FINRA-2025-017, PDF)
- Federal Register notice of the proposed rule change
- FINRA Rule 4210 (Margin Requirements)
What the old rule did
For 25 years, FINRA's Pattern Day Trader rule worked like this:
- Make 4 or more day trades in any 5 business days in a margin account
- Get labeled a "Pattern Day Trader" by your broker
- Once labeled, you had to keep at least $25,000 in the account
- Drop below $25,000 and the account was restricted to closing trades only for 90 days
The rule was written after the 2001 dot-com crash to slow down the retail day-trading frenzy that followed. It worked. For two decades, small accounts were effectively locked out of intraday trading in margin accounts, pushed into cash accounts with settlement delays, or priced into prop firm evaluations just to access intraday size.
What changed in April 2026
FINRA's board voted in September 2025 to replace the day-trading margin provisions with a risk-sensitive intraday framework. The SEC approved the proposal (File No. SR-FINRA-2025-017) on April 14, 2026. Three things are different now:
1. The $25,000 floor is gone
There's no special equity requirement for day trading. A margin account just needs to meet the standard Rule 4210 minimum of $2,000, the same floor that has applied to every other margin account for decades.
2. No more trade counting
The 4-in-5-days test is retired. So is the "Pattern Day Trader" designation itself. Brokers no longer tag accounts as PDT or restrict them based on a trade count.
3. Real-time intraday margin replaces the static rulebook
This is the substance of the new system. Instead of counting trades or enforcing a flat $25,000 minimum, brokers now actively monitor the risk of your open positions throughout the trading day. A margin call is triggered when position risk breaches maintenance thresholds, roughly 25% of outstanding position value, not when you hit an arbitrary trade count.
The practical effect: day traders are now margined the same way any other active trader is margined, based on what they actually hold and how volatile it is.
What this means for small accounts
Under the old rule, a trader with $5,000 could make 3 day trades every 5 business days, then had to stop or risk getting locked out. A serious intraday strategy simply couldn't run on that account size.
Under the new rule, the same $5,000 account can day trade as much as the trader wants, provided the intraday risk stays within the broker's margin engine. Legally, day trading with $2,000 is now on the table.
But the math of small accounts hasn't changed. A $2,000 account running a strict 1% risk rule can only lose $20 on a bad trade. That forces tiny position sizes. It also means commissions and slippage eat a bigger share of any gain. Small accounts are still where the majority of retail traders blow up.
Rollout: not every broker flips the switch at once
FINRA must publish the implementation notice within 45 days of SEC approval. Brokers then have up to 18 months to replace their legacy systems with the new intraday margin engines.
In practice:
- A few well-capitalized brokers will roll out the new system within weeks, as a competitive advantage for attracting retail flow
- Most large brokers will take several months to migrate their margin infrastructure
- Some will keep the legacy $25,000 enforcement internally until their systems catch up, regardless of what FINRA's rulebook now says
If you have a sub-$25,000 account and want to day trade, call your broker or read their official statement before you assume the new rules are live on your platform.
Cash accounts are still a clean option
A cash account was never subject to the PDT rule and still isn't. The tradeoff is settlement: after you sell, you wait one business day (T+1) for proceeds to clear before you can redeploy that capital. Traders who rotate 2 or 3 setups per day and are comfortable holding cash between positions often find a cash account perfectly workable.
How to trade the new framework without blowing up
The rule change opens the door. Discipline is what keeps your account alive long enough to grow. A few principles that matter more, not less, at small account sizes:
- Cap risk at 1% of the account per trade. At $2,000 that's $20 of loss tolerance. Your stop loss, not your instinct, decides when you exit
- Size by stop distance, not by gut. Shares equals (account x risk %) divided by (entry minus stop). Use a position size calculator rather than eyeballing
- Require 2:1 reward-to-risk minimum. With a 2:1 ratio you only need to be right 34% of the time to break even. That's a survivable hit rate while you learn
- Set a daily loss limit and enforce it. Two red trades in a row is a strong signal to shut the laptop. Revenge trading is the single biggest account killer for new day traders
- Journal every trade. A real edge only shows up over 30 to 50 trades. Without records you can't tell luck from skill
RiskPicks was built for this moment
RiskPicks calculates your exact position size in seconds from your account, risk percentage, entry, and stop. It's the tool you need most when you're trading a small account under the new framework, because every share matters and the math has to be right before you click buy. Every trade is logged and analyzed, so you can see whether your strategy actually has an edge before you scale it up.
The PDT rule is gone. Small accounts can finally trade like the pros. Just remember: the pros size like professionals, which is exactly why they're still in the market.
Further reading: