Blogs

Leverage, Inaccessibility for Smaller Traders, and Offshore Threat are Focus of Public Comments

As we’ve discussed in related posts, the CFTC has proposed rules regulating the off-exchange spot forex industry (see Retail FOREX Registration Regulations Proposed). The CFTC has requested comments from the public and there are currently about 100 public comments on CFTC’s website written in response to the new rule. The comments mainly focus on:

Backlash Against CFTC Proposed Forex Regulations

FXDC Supports Registration Requirement, Strongly Opposes 10:1 Leverage Limit

Forex Managers Required to be Registered Under New Regulations

The much anticipated off-exchange retail foreign currency regulations were proposed today by the CFTC. The release announcing the publication in the Federal Register is reprinted below and can be found here. We will be providing an overview of the major provisions shortly.

State Securities Agency Calls PAMM Accounts Securities

Forex investment managers who offer forex separately managed account programs need to be aware of the risks of offering trading programs which use PAMM accounts. PAMM accounts are functionally equivalent to “bunched” or “batched” order master accounts which are common at most futures comission merchants for futures and commodities trading. However, there is the risk that PAMM accounts could be deemed to be “securities” under state securities laws.