Forex brokers: Regulation in the USA and Europe

The eternal question and pain of everyone who wants to start trading Forex is the question of finding a reliable Forex broker with a good reputation. The most important factor in the choice is definitely reputation before the law. After all, no one wants to get into a dirty venture, which will bring a number of unpleasant consequences for the trader. So let's understand what and how to choose a broker and what regulatory systems there are in the countries of the USA and Europe.

What is the best Forex broker

When we talk about regulating brokers, we mean whether they are registered and regulated properly by a major financial regulatory body either in their own country or in the country where they have a client base. These bodies, especially in the US and Europe, generally have strict requirements for a financial services company, be it a bank or, in this case, a Forex broker.

Thus, we aim to ensure the legality of their activities and the safety of their clients' money. For example, in the US, brokers must have a certain level of liquidity to cover operations, meaning they must pay and continue to operate under all circumstances. This does not mean that an unregulated broker is necessarily synonymous with fraud and that we will lose our money, but the reality is that by opening an account and investing in an unregulated company, we risk losing the money we have worked so hard to earn.

On the other hand, if we open an account with a regulated broker, we at least guarantee that we are investing our money and trusting a company that meets at least certain standards. Moreover, in case of problems, it is possible to file a complaint in case of a dispute with the broker. But in the case of an unregulated offshore broker operating thousands of miles away from the country where we live, there is no way to resolve this kind of problem; we can only rely on the goodwill (if any) of the broker's employees.

Here is a list of the main financial regulators in the US and Europe that oversee Forex brokers:

Financial regulators in the UK

The FCA (Financial Conduct Authority) is the most important financial regulator in England. It operates independently of the UK government and is fully funded by the companies it regulates. It is a transparent body that provides businesses and consumers with full information about its policies, objectives, rules and so on. The FCA has wide powers in England to introduce regulations, as well as inspection and enforcement powers to achieve its objectives. Today, London is one of the largest and most diverse financial markets in the world, and among its duties, the FCA is responsible for preventing any criminal activities related to the market, such as money laundering, fraud, abuse or unfair trading practices.

Brokers regulated by the FCA are:

• Admiral Markets;
• Darwinex.

Financial regulators in Germany

BaFIN (Bundesanstalt für Finanzdienstleistungsaufsicht) is the financial regulator in Germany. It is an independent federal institution headquartered in Bonn and Frankfurt and is operated by the German Federal Ministry of Finance. BaFIN currently supervises about 2,700 banks, 800 financial institutions and more than 700 companies providing related services such as insurance. BaFIN was founded on May 1, 2002 with the primary goal of creating an integrated financial regulator covering all financial markets in Germany.

• Broker regulated by BaFIN: Pepperstone

Financial regulators in Spain

The CNMV (Comisión Nacional del Mercado de Valores) is the financial regulator responsible for supervising Spain's financial markets and all their participants. It currently operates within a regulatory framework adapted to the rules dictated by the European Union. The CNVM's main task is to monitor the transparency of the Spanish financial markets to ensure the protection of investors and avoid any type of criminal or unfair trading practices. The CNVM's actions are aimed at any organization providing financial services in this country.

The CNMV regulates:

• XTB;
• Darwinex.

Financial regulators in Australia

ASIC (Australian Securities and Investments Commission) is the body responsible for overseeing financial services companies in Australia to ensure they operate fairly and transparently. To do this, ASIC is responsible for issuing the licenses required to operate so that only companies that comply with strict regulations can offer any type of financial services in the country. ASIC is an independent government body established and administered under the Australian Securities and Investments Commission Act (ASIC Act), with broad powers to maintain, facilitate and improve Australia's financial system.

Brokers regulated by ASIC are:

• Admiral Markets;
• AvaTrade.

Financial regulators in Cyprus

After discussing the financial regulators in the US, Germany, Australia, Spain and the UK, we move on to look at Cyprus, as many brokers have set up their headquarters in this small country, not least because of the tax advantages that have led many companies to set up business here. Cyprus is currently considered a low-tax haven. The financial regulator is CySEC.

CySEC (Cyprus Securities and Exchange Commission) is the commission that is responsible for regulating the financial markets in Cyprus and, according to its rules and objectives, is responsible for ensuring that all organizations under its control comply with the financial regulations of the European Union and Cyprus. CySEC is the public authority that supervises the activities of companies established in Cyprus in the financial markets. Among its functions, CySEC is responsible for issuing licenses to investment companies and conducting inspections of financial services organizations such as brokers.

CySEC regulates:

• Admiral Markets;
• XTB.

Financial regulators in Canada

IIROC (Investment Industry Regulatory Organization of Canada) is a Canadian self-regulatory organization whose function is to regulate and supervise any company located in Canada whose activities and services are related to investments and financial markets. In essence, IIROC fulfills its regulatory responsibilities by establishing and enforcing rules relating to the competitive and financial conduct of such companies and their registered employees. In doing so, IIROC seeks to ensure integrity and compliance with laws and good market practices by Canadian companies involved in capital markets trading.

List of brokers regulated by IIROC:

• Friedberg Direct;
• Admiral Markets.

Choosing a reliable broker is very important to your successful trading and that is why it is so important to pay attention to their reputation with the law and the government, so that you do not get involved in unpleasant stories that will lead to loss of money and time.