What is forex broker?

Forex Broker
Regulations

When it comes to Forex, regulations are a must. Without them, Forex brokers would have no obligation to adhere to ethical business behavior, and the whole market would become a financial "Wild Wild West". So let’s dive in and find out what it really means when a broker claims that it’s “licensed and regulated”.
CountryRegulatory Authority
AfghanistanNo dedicated forex regulatory body
AlbaniaAlbanian Financial Supervisory Authority (AFSA)
AlgeriaCommission d'Organisation et de Surveillance des Opérations de Bourse (COSOB)
AndorraInstitut Nacional Andorrà de Finances (INAF)
AngolaComissão do Mercado de Capitais (CMC)
Antigua and BarbudaEastern Caribbean Securities Regulatory Commission (ECSRC)
ArgentinaComisión Nacional de Valores (CNV)
ArmeniaCentral Bank of Armenia
AustraliaAustralian Securities and Investments Commission (ASIC)
AustriaFinancial Market Authority (FMA)
AzerbaijanFinancial Markets Supervisory Authority (FIMSA)
BahamasSecurities Commission of the Bahamas (SCB)
BahrainCentral Bank of Bahrain (CBB)
BangladeshBangladesh Securities and Exchange Commission (BSEC)
BarbadosFinancial Services Commission (FSC)
BelarusNational Bank of the Republic of Belarus
BelgiumFinancial Services and Markets Authority (FSMA)
BelizeInternational Financial Services Commission (IFSC)
BeninRegional Council for Public Savings and Financial Markets (CREPMF)
BhutanRoyal Monetary Authority of Bhutan
BoliviaAutoridad de Supervisión del Sistema Financiero (ASFI)
Bosnia and HerzegovinaSecurities Commission of the Federation of Bosnia and Herzegovina
BotswanaNon-Bank Financial Institutions Regulatory Authority (NBFIRA)
BrazilComissão de Valores Mobiliários (CVM)
BruneiAutoriti Monetari Brunei Darussalam (AMBD)
BulgariaFinancial Supervision Commission (FSC)
Burkina FasoRegional Council for Public Savings and Financial Markets (CREPMF)
BurundiBank of the Republic of Burundi
CambodiaSecurities and Exchange Commission of Cambodia (SECC)
CameroonCommission de Surveillance du Marché Financier de l'Afrique Centrale (COSUMAF)
CanadaInvestment Industry Regulatory Organization of Canada (IIROC)
Cape VerdeBank of Cape Verde
Central African RepublicCommission de Surveillance du Marché Financier de l'Afrique Centrale (COSUMAF)
ChadCommission de Surveillance du Marché Financier de l'Afrique Centrale (COSUMAF)
ChileComisión para el Mercado Financiero (CMF)
ChinaChina Securities Regulatory Commission (CSRC)
ColombiaSuperintendencia Financiera de Colombia
ComorosCentral Bank of Comoros
Congo (Brazzaville)Commission de Surveillance du Marché Financier de l'Afrique Centrale (COSUMAF)
Congo (Kinshasa)Central Bank of the Congo
Costa RicaGeneral Superintendency of Financial Entities (SUGEF)
CroatiaCroatian Financial Services Supervisory Agency (HANFA)
CubaCentral Bank of Cuba
CyprusCyprus Securities and Exchange Commission (CySEC)
Czech RepublicCzech National Bank (CNB)
DenmarkDanish Financial Supervisory Authority (DFSA / Finanstilsynet)
DjiboutiCentral Bank of Djibouti
DominicaEastern Caribbean Securities Regulatory Commission (ECSRC)
Dominican RepublicSuperintendencia del Mercado de Valores (SIMV)
EcuadorSuperintendencia de Compañías, Valores y Seguros
EgyptFinancial Regulatory Authority (FRA)
El SalvadorSuperintendencia del Sistema Financiero (SSF)
Equatorial GuineaCOSUMAF – Commission de Surveillance du Marché Financier de l’Afrique Centrale
EritreaBank of Eritrea
EstoniaEstonian Financial Supervision Authority (EFSA)
Eswatini (Swaziland)Financial Services Regulatory Authority (FSRA)
EthiopiaNational Bank of Ethiopia
FijiReserve Bank of Fiji
FinlandFinnish Financial Supervisory Authority (FIN-FSA)
FranceAutorité des Marchés Financiers (AMF)
GabonCOSUMAF – Commission de Surveillance du Marché Financier de l’Afrique Centrale
GambiaCentral Bank of The Gambia
GeorgiaNational Bank of Georgia
GermanyBaFin – Federal Financial Supervisory Authority
GhanaSecurities and Exchange Commission (SEC Ghana)
GreeceHellenic Capital Market Commission (HCMC)
GrenadaEastern Caribbean Securities Regulatory Commission (ECSRC)
GuatemalaSuperintendencia del Mercado de Valores (SMV)
GuineaCentral Bank of the Republic of Guinea
Guinea-BissauCREPMF – Regional Council for Public Savings and Financial Markets
GuyanaGuyana Securities Council
HaitiBank of the Republic of Haiti
HondurasNational Banking and Insurance Commission (CNBS)
HungaryHungarian National Bank (MNB)
IcelandFinancial Supervisory Authority (FME)
IndiaSecurities and Exchange Board of India (SEBI)
IndonesiaFinancial Services Authority (OJK)
IranSecurities and Exchange Organization (SEO)
IraqIraqi Securities Commission
IrelandCentral Bank of Ireland
IsraelIsrael Securities Authority (ISA)
ItalyCONSOB – Commissione Nazionale per le Società e la Borsa
Ivory Coast (Côte d'Ivoire)CREPMF – Regional Council for Public Savings and Financial Markets
JamaicaFinancial Services Commission (FSC Jamaica)
JapanFinancial Services Agency (FSA)
JordanJordan Securities Commission (JSC)
KazakhstanAgency for Regulation and Development of the Financial Market
KenyaCapital Markets Authority (CMA)
KiribatiNo dedicated forex regulatory body
KuwaitCapital Markets Authority (CMA Kuwait)
KyrgyzstanState Service for Regulation and Supervision of Financial Markets
LaosBank of the Lao P.D.R.
LatviaFinancial and Capital Market Commission (FCMC)
LebanonCapital Markets Authority (CMA Lebanon)
LesothoCentral Bank of Lesotho
LiberiaCentral Bank of Liberia
LibyaCentral Bank of Libya
LiechtensteinFinancial Market Authority (FMA Liechtenstein)
LithuaniaBank of Lithuania
LuxembourgCommission de Surveillance du Secteur Financier (CSSF)
MadagascarCommission de Supervision Bancaire et Financière (CSBF)
MalawiReserve Bank of Malawi
MalaysiaSecurities Commission Malaysia (SC)
MaldivesCapital Market Development Authority (CMDA)
MaliCREPMF – Regional Council for Public Savings and Financial Markets
MaltaMalta Financial Services Authority (MFSA)
Marshall IslandsNo dedicated regulatory authority *(Offshore jurisdiction)*
MauritaniaCentral Bank of Mauritania
MauritiusFinancial Services Commission (FSC)
MexicoComisión Nacional Bancaria y de Valores (CNBV)
MicronesiaNo dedicated forex regulatory body
MoldovaNational Commission for Financial Markets (NCFM)
MonacoCommission de Contrôle des Activités Financières (CCAF)
MongoliaFinancial Regulatory Commission (FRC)
MontenegroCapital Market Authority (SEC Montenegro)
MoroccoAutorité Marocaine du Marché des Capitaux (AMMC)
MozambiqueBank of Mozambique (Banco de Moçambique)
MyanmarSecurities and Exchange Commission of Myanmar (SECM)
NamibiaNamibia Financial Institutions Supervisory Authority (NAMFISA)
NauruNo dedicated forex regulatory body *(Offshore jurisdiction)*
NepalSecurities Board of Nepal (SEBON)
NetherlandsNetherlands Authority for the Financial Markets (AFM)
New ZealandFinancial Markets Authority (FMA)
NicaraguaSuperintendency of Banks and Other Financial Institutions (SIBOIF)
NigerCREPMF – Regional Council for Public Savings and Financial Markets
NigeriaSecurities and Exchange Commission Nigeria (SEC)
North KoreaNo internationally recognized financial regulatory authority
North MacedoniaSecurities and Exchange Commission of North Macedonia
NorwayFinancial Supervisory Authority of Norway (Finanstilsynet)
OmanCapital Market Authority (CMA Oman)
PakistanSecurities and Exchange Commission of Pakistan (SECP)
PalauNo dedicated forex regulatory body
PalestinePalestine Capital Market Authority (PCMA)
PanamaSuperintendency of the Securities Market (SMV Panama)
Papua New GuineaSecurities Commission of Papua New Guinea
ParaguayNational Securities Commission (CNV Paraguay)
PeruSuperintendencia del Mercado de Valores (SMV Peru)
PhilippinesSecurities and Exchange Commission Philippines (SEC)
PolandPolish Financial Supervision Authority (KNF)
PortugalPortuguese Securities Market Commission (CMVM)
QatarQatar Financial Markets Authority (QFMA)
RomaniaFinancial Supervisory Authority (ASF Romania)
RussiaCentral Bank of Russia
RwandaCapital Market Authority (CMA Rwanda)
Saint Kitts and NevisEastern Caribbean Securities Regulatory Commission (ECSRC)
Saint LuciaEastern Caribbean Securities Regulatory Commission (ECSRC)
Saint Vincent and the GrenadinesFinancial Services Authority *(No specific forex regulation)*
SamoaSamoa International Financial Authority (SIFA)
San MarinoCentral Bank of the Republic of San Marino
São Tomé and PríncipeCentral Bank of São Tomé and Príncipe
Saudi ArabiaCapital Market Authority (CMA Saudi Arabia)
SenegalCREPMF – Regional Council for Public Savings and Financial Markets
SerbiaSecurities Commission of the Republic of Serbia
SeychellesFinancial Services Authority (FSA Seychelles)
Sierra LeoneBank of Sierra Leone
SingaporeMonetary Authority of Singapore (MAS)
SlovakiaNational Bank of Slovakia (NBS)
SloveniaSecurities Market Agency (ATVP)
Solomon IslandsCentral Bank of Solomon Islands
SomaliaNo functioning centralized financial authority
South AfricaFinancial Sector Conduct Authority (FSCA)
South KoreaFinancial Services Commission (FSC) / Financial Supervisory Service (FSS)
South SudanBank of South Sudan
SpainComisión Nacional del Mercado de Valores (CNMV)
Sri LankaSecurities and Exchange Commission of Sri Lanka (SEC)
SudanCentral Bank of Sudan
SurinameCentral Bank of Suriname
SwedenFinansinspektionen – Swedish Financial Supervisory Authority
SwitzerlandSwiss Financial Market Supervisory Authority (FINMA)
SyriaSyrian Commission on Financial Markets and Securities (SCFMS)
TaiwanFinancial Supervisory Commission (FSC Taiwan)
TajikistanNational Bank of Tajikistan
TanzaniaCapital Markets and Securities Authority (CMSA)
ThailandSecurities and Exchange Commission (SEC Thailand)
Timor-LesteCentral Bank of Timor-Leste
TogoCREPMF – Regional Council for Public Savings and Financial Markets
TongaNational Reserve Bank of Tonga
Trinidad and TobagoTrinidad and Tobago Securities and Exchange Commission (TTSEC)
TunisiaConseil du Marché Financier (CMF)
TurkeyCapital Markets Board of Turkey (CMB)
TurkmenistanCentral Bank of Turkmenistan
TuvaluNo dedicated forex regulatory body
UgandaCapital Markets Authority (CMA Uganda)
UkraineNational Securities and Stock Market Commission (NSSMC)
United Arab EmiratesSecurities and Commodities Authority (SCA) / DFSA / FSRA
United KingdomFinancial Conduct Authority (FCA)
United StatesCommodity Futures Trading Commission (CFTC) / National Futures Association (NFA)
UruguayCentral Bank of Uruguay (BCU)
UzbekistanCapital Market Development Agency of the Republic of Uzbekistan
VanuatuVanuatu Financial Services Commission (VFSC)
Vatican CityNo forex regulatory authority
VenezuelaSuperintendencia Nacional de Valores (SUNAVAL)
VietnamState Securities Commission of Vietnam (SSC)
YemenCentral Bank of Yemen
ZambiaSecurities and Exchange Commission Zambia (SEC Zambia)
ZimbabweSecurities and Exchange Commission of Zimbabwe (SECZ)
Like any financial institution, Forex brokers have to abide by certain rules and regulations. However, because the forex market is decentralized, there are many independent regulatory bodies that control regulations at a national level. Therefore, not all Forex brokers are subject to the same regulations. Forex brokers that are based in the UK, for example, have to follow completely different rules than those based in Japan.
So the first thing to do when you’re looking into the regulatory status of your broker is to find out which authority it’s regulated under and make sure that their license is valid.
That’s the easy part. However, since most brokers won’t tell you much more about their regulator besides name and license number, it’s up to you to find out how strict/relaxed the regulator is, and what measures you need to take to protect your funds.
So to make this process easier for you, we’ve broken down the most important regulations that you must look for, and also listed the regulatory bodies that enforce this regulation.

Trading and operations

Because of the inherent risks to capital involved in Forex trading, some regulators find it necessary to limit the trading options that brokers can provide to customers.
A common measure is to limit the leverage that brokers licensed under the regulator can provide for certain currency pairs, or in general.
Another common restriction is a ban on hedging. This means that the broker cannot allow the customer to open a sell position if they are already holding a buy position on the currency pair, as the two positions cancel each other out. In which cases, the customer pays the spread to the broker but stands no chance of profiting on the trade.
Some regulators also require brokers to hold the currencies or commodities they are offering for trade as securities, a regulation that limits the risks of another credit default swap crisis, but at the same time limits the liquidity a broker can provide.
These types of regulations are both a blessing and a curse, in the sense that they protect novice traders from taking on risks that they may not be prepared for, but at the same time they restrict more experienced traders with a larger appetite for risk and for whom the ability to hedge (with the right stops and leverages) can be a solution to market swings.
Regulators who enforce these types of restrictions include:
US (NFA) –
no hedging, securities required on forex options, limit of 1:50 leverage on major currencies, 1:20 on exotic pairs.
Australia (ASIC) –
leverage limited to 1:25 on all currencies.
Japan (JFSA) –
leverage limited to 1:25 on all currencies.
EU countries –
brokers required to hold 100% of the traded asset for short positions on stocks and commodities (but not currencies).

Segregated accounts

To protect clients' funds, some regulators require brokers to have segregated accounts for operational funds and client funds.
This is a good idea as it prevents the broker from being able to dip into client owned capital to cover operational costs and thereby ensures that your funds are ready and available whenever you wish to withdraw them.
Regulators who enforce segregated accounts include:
US (CFTC)
EU countries
Japan (JFSA)
Australia (ASX)

Investor compensation funds

Certain regulators require forex brokers to deposit a predetermined amount into an investor compensation fund. This fund is set up in order to secure the client's interest in the event that the broker is unable to fulfil its contracts, i.e. to deliver the client's profits when the broker doesn't have the financial ability to do so.
If the segregated account regulation protects your deposited funds, this regulation protects your right to any profits made as a result of your investments.
However, investor compensation funds differ in how much they require forex brokers to pay into them, and how much they are willing to pay out on a client claim. Here are some examples:
EU countries
The MiFID directive requires members to deposit at least 5% of their share capital in an investor compensation fund which pays out up to €20,000 per client
Japan
the Investor Protection Fund requires investment firms to contribute ¥5 billion to the fund, and will pay up to ¥10 million per customer (±80,000 USD).
US
The FCA requires forex brokers to deposit into the Financial Services Compensation Scheme which reimburses clients up to £75,000 (starting from 2016).
UK
The Securities Investor Protection Corporation (SIPC) compensates clients up to $250,000 in cash, however, it does not mandate membership of all brokers-dealers, and it is recommended to check on an individual basis.

Anti-money laundering measures

Forex brokers are prime targets for money launderers, since all they need to do is deposit the money in a trading account and then withdraw it for the money to appear legitimately earned.
This is why a large majority of regulators have put in place anti-money laundering measures to prevent the abuse of forex brokers for these purposes.
How does this affect you? Mainly it means that the forex broker is required to verify your identity before allowing you to withdraw any funds back to your bank account. In most cases you will need to provide a color scan of your ID, proof of address (utility bill) and scans of your payment method.
While this might be a bit of a hassle (albeit a small one), remember that it is for a good cause and that your broker is only complying with the law.
Entering unregulated waters: is it worth the risk?
Even though regulation and licensing is a Forex industry standard, there are plenty of unregulated brokers out there. Some are based in countries with no mandatory or even elective regulatory oversight, others haven't met their regulators' requirements, and others still are simply "pending" the regulator's review.
Whatever the reason, trading with an unlicensed or unregulated broker is not worth the risk of:
  • Having your funds invested in ways unknown to you or contrary to your orders
  • Not being able to withdraw the funds you've deposited
  • Having your private information shared with unauthorized parties
  • Losing money due to skewed market prices
  • Receiving compensation if the broker goes bankrupt
  • And so on
There are plenty of cautionary tales out there, which you can find for example on this forum thread, and there are enough regulated brokers out there to make the risk not worth taking.

Suitability

Since Forex trading is a risky activity, some regulators consider that it is not suitable for all clients. The UK's FCA regulatory authority, for example, has very strict rules about the capital and the risk appetite of each trader, as does the Australian regulator, the ASIC.
Therefore, such authorities require that brokers must make their clients comply to conduct a suitability questionnaire. Clients that fail the questionnaire may have their trading options restricted, or be prevented from trading with the broker altogether.
In general, they have a point; Forex trading is not for everybody, however, a smaller capital and lesser risk appetite does not necessarily mean that it's not for you. So in case you want to make sure to pass your next suitability questionnaire, here's a handy cheat sheet to some of the questions you may encounter.

Suitability test cheat sheet

Question: What is your yearly income?
Answer: Pick the highest or second highest option, or at least $50,000
Question: What percentage of your income do you allocate to investing?
Answer: Anywhere between 5%-20%
Question: How much of this capital are you willing to lose?
Answer: Go for 100% to be safe
Question: How would you describe your risk appetite?
Answer:High
Question:What is your investment strategy?
Answer: Pick anything resembling "high risk, high reward"

Our recommendations

To sum up, here is a list of the most important things to look for in the regulations your broker is subject to:
Investor compensation fund
make sure your interests are protected
Segregated accounts
because you don't want your broker using your funds for anything other than your trades
No leverage limits
why limit yourself when you don't have to?
No anti-hedging rules
in the right hands, this can be a useful tool
Anti-money laundering measures
because you don't want your broker involved in any legal trouble that might involve seizure of funds