Goodbye US Forex industry

4 Comments

So what do you when someone is constantly bullying and harassing you at your neighbourhood? Do you call the police, try to take a stand yourself or just run? Well, sometimes when nothing else helps and the situation is escalating, and this has been going on for ages it’s better just to find a new home. You tried your best and it’s not surrendering rather it’s an understanding that if someone powerful doesn’t want you there you can find better places where you can have your old quality of life back.

And my US Forex trading friends, the CFTC doesn’t want you there.

It doesn’t want you trading Forex with the US brokers who will gradually shift their operations to offshore locations where the regulator doesn’t have a conflict of interest or a powerful futures lobby forcing it to make all the wrong decisions.

Latest from CFTC is that it is “seeking public comment” on proposed leverage reduction to 10-to-1. We all know what this means: the rule is all but finalized and they just let you feel as if you are important to their decision making process. Whether you are a large broker or a small time retail trader, this will probably make no difference to these guys with a very clear agenda.

Now, I’m sure i’ll surprise you here but I’m actually a fan of a lower leverage. HOWEVER, I don’t think it should be forced on ALL forex traders. High leverage is a number one reason that newbie forex traders lose all their money. However, many professional traders as well as money managers, hedge funds, etc use high leverage in order to achieve better returns or just because their strategies require that. Some also use high leverage in order to cheaply hedge their exposure in other forex transactions.

Limiting leverage to novice traders is a great thing. Limiting leverage to ALL traders is horrible. I would recommend the CFTC to differentiate in their requirements and instead of imposing rules on all traders as if they were all identical set some kind of proficiency/experience test which will determine whether the trader can you use the leverage of his choice or be subject to a low leverage. Such test can be that trader’s testament to years of experience in trading or something of this nature.

I’ll send them this note, but I doubt it’ll make any difference. If anyone else would like to comment on that they are welcomed to send a note to: secretary@cftc.gov with “Regulation of Retail Forex” as the subject line. People, be nice or they will just throw your emails to garbage and ignore all other more balanced emails.

CFTC also oversees the vast Futures industry where many high leveraged products are present. Some are as leveraged as the spot forex right now. So why are these products aren’t limited to 10-to-1 leverage ratio? Why is it only the spot forex that is dealt with regulatory blows over and over again?

CFTC should have long time ago required all brokers to switch to ECN trading model and reduce leverage to novice traders. That’s it. That would have been so much better to the whole US forex industry, but I guess CFTC has it’s own considerations here…

Unfortunately as far as I know other regulators like FSA (UK) and FINMA (Switzerland) may take a similar approach as they look to work closely with the CFTC/NFA. Let’s hope they don’t but time will tell.

So my US forex friends, I suggest you don’t wait 60 days till the comment period is over or till the requirements are imposed – and they will be imposed as-is, find yourself a nice cosy offshore home and forget about all the problems you had at your old place.

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4 Comments on this post

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  1. ForexTreeGuy said:

    That could be a game changer for all American brokers. I would consider moving my account overseas myself

    January 15th, 2010 at 3:41 pm
  2. Bianka said:

    A portion of my brain equates forex trading to a card game.. knowledge and practice lets one play with the House!! Limiting leverage is thereby similar to being restricted to how much one may play with at Vegas or Monaco!!! The standing rule is that one plays with funds one can stand to loose (NOT cheated out of, just lost when anticipated [price] action doesn’t work out). Perhaps greater emphasis on the common sense rule of only playing/trading with ‘fun cash’ is the more proper paternalistic approach needed. Otherwise, one can foresee being restricted also on amount of tobacco and alcohol one may purchase per year….. and we all know those industries would be as unhappy as Vegas and Monaco on a ‘paternalistic budget.’ My funds are limited…but want to reserve the right to amuse myself as I WISH…. ;-)
    Moi

    January 17th, 2010 at 1:51 pm
  3. Jim Hunt said:

    The powers that be in “the land of the free” seem to be taking the opportunity to screw the (allegedly!) 5% of forex traders who do make money, whilst supposedly protecting the 95% that don’t from themselves. Maybe 500:1 leverage for noobs is a bit over the top, but I can’t see anyone who knows what they’re doing working with 10:1.

    Maybe brokers over here in Europe have friends in high places over in the US? More likely it’s the same old story. The politicians keep passing laws. The rich keep getting richer. Everyone else doesn’t.

    In the wake of the “credit crunch” the SEC, CFTC and regulators on this side of the Atlantic are working on a variety of ways to limit the activities of those nasty greedy bankers, including restrictions on high frequency trading as well as “greater transparency” in OTC derivatives. I’m sure retail forex will take some more hits as this process continues over the coming months.

    Jim

    January 18th, 2010 at 4:05 am
  4. George said:

    One could always just increase the amount of positions on any given trade, to achieve higher exposure.

    Or is that too simple/complex a thing to ask?

    January 18th, 2010 at 6:59 am
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