The 390 Rule Now Tracks the Monthly Review, and Its One-Month Delay
CBOE Regulatory Circular RC26-012 replaced the old quarterly review of the 390 Professional Orders Rule with a monthly one, effective July 1, 2026. Brokers now review your activity within five days after each calendar month ends, and a month averaging over 390 orders per trading day marks your orders Professional for the next calendar month only. The designation then lapses on its own as soon as a month lands back under the limit. Order count monitoring now follows that rule exactly, including the one-month delay.
Two different months, two different answers
Because the designation arrives a month late, "I went over the limit" and "my orders are marked Professional right now" are statements about two different months. The month that decides your status today is last month. The month you are in right now decides next month's status. The status card answers both questions separately, so it can no longer show you the wrong one.
If last month finished over the limit, you are carrying the designation today, and the banner says so along with what it would take to clear it.
A month still in progress is a warning, not a verdict
When the month you are in is running over the limit but last month finished under it, nothing has been designated yet and there is still time to bring the average down. The page shows a warning rather than a red alert, and names the month you would be designated for if the pace holds.
Old heavy months no longer follow you
Previously the banner stayed red for the rest of the calendar quarter, so one heavy month kept warning you even after a later month came in under the limit. Under the monthly review that is no longer how it works, and the page now says so: an expired designation is named and explained instead of being treated as though it were still in force.
The months shown are now the last three, ending with the month you are in, rather than being tied to the calendar quarter. That matters at the start of a quarter: on July 1 the old view showed only July and hid June, the very month that decides your July status. The explainer on the page has been updated to cite RC26-012 and describe the delay.
Open Order Count Monitoring to see where your accounts stand, and read the Order Count Monitoring guide in our Knowledge Base for the full walkthrough.