The new President of the United States announced his intention to limit or completely eliminate the 2010 law known as the Dodd-Frank Wall Street Act, which drastically changed the image of one of the largest financial markets.
Finance Magnates takes a closer look at Donald Trump's promise in the latest edition of the Quarterly Industry Report, seeking answers to the question of what the implications are for the derivatives industry, which has changed enormously in the United States since the 2008 crisis.
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A market where no one can survive?
Before Barack Obama signed the Dodd-Frank act, American traders could avail themselves of the services of 40 local online providers and a whole set of foreign financial firms. Currently, this number has been reduced to just 4, and brokers outside the US cannot offer their services to US citizens.
However, when analyzing the current requirements for setting up a brokerage in the US, no one should be surprised that the number is so low. According to Dodd-Frank rules enforced by the CFTC, companies wishing to offer retail trading in the forex market must maintain a minimum capital of $20 million. What’s more, this amount increases if a broker’s liabilities to retail forex traders are higher than $10 million. In such a case, the licensed company's net capital requirements are raised by 5% of that sum. For example, if financial obligations equal $15 million, the broker needs to increase its available funds by $0.75 million.
In addition to this, obtaining a license in the US can take as long as two years.
Trump's administration should adjust the rules to limit market consolidation
Using the experience of European supervision committees, there are several important issues that could change the face of the retail forex market in the United States.
First and foremost, American customers should have the choice - cutting them off from non-US brokers only limits freedom and does not provide proper protection. Profitability statistics from the first quarter of 2017 show that average trader profitability stood at 40%, which is a very good result, showing that US investors know how to multiply their funds.
It is necessary for the regulators themselves to make the market more attractive and to simplify access - the return of PAMM accounts and adjustment of capital requirements to those in Europe would undoubtedly attract new industry players. Cyprus has a license waiting period of 3 to 6 months, and in the UK it lasts a maximum of 15 months. In the US, however, it may take up to two years to obtain final authorization - simplifying the regulatory machine and reducing the complexity of the whole process also seems to be an indispensable step.
Although the first changes in Dodd-Frank have already been announced, the FX/CFD industry still has a long way to go. So far, brokers can only accept the reality as it is and prepare for future changes to make the most of their possible presence in the US market.
The new President of the United States announced his intention to limit or completely eliminate the 2010 law known as the Dodd-Frank Wall Street Act, which drastically changed the image of one of the largest financial markets.
Finance Magnates takes a closer look at Donald Trump's promise in the latest edition of the Quarterly Industry Report, seeking answers to the question of what the implications are for the derivatives industry, which has changed enormously in the United States since the 2008 crisis.
[gptAdvertisement]
A market where no one can survive?
Before Barack Obama signed the Dodd-Frank act, American traders could avail themselves of the services of 40 local online providers and a whole set of foreign financial firms. Currently, this number has been reduced to just 4, and brokers outside the US cannot offer their services to US citizens.
However, when analyzing the current requirements for setting up a brokerage in the US, no one should be surprised that the number is so low. According to Dodd-Frank rules enforced by the CFTC, companies wishing to offer retail trading in the forex market must maintain a minimum capital of $20 million. What’s more, this amount increases if a broker’s liabilities to retail forex traders are higher than $10 million. In such a case, the licensed company's net capital requirements are raised by 5% of that sum. For example, if financial obligations equal $15 million, the broker needs to increase its available funds by $0.75 million.
In addition to this, obtaining a license in the US can take as long as two years.
Trump's administration should adjust the rules to limit market consolidation
Using the experience of European supervision committees, there are several important issues that could change the face of the retail forex market in the United States.
First and foremost, American customers should have the choice - cutting them off from non-US brokers only limits freedom and does not provide proper protection. Profitability statistics from the first quarter of 2017 show that average trader profitability stood at 40%, which is a very good result, showing that US investors know how to multiply their funds.
It is necessary for the regulators themselves to make the market more attractive and to simplify access - the return of PAMM accounts and adjustment of capital requirements to those in Europe would undoubtedly attract new industry players. Cyprus has a license waiting period of 3 to 6 months, and in the UK it lasts a maximum of 15 months. In the US, however, it may take up to two years to obtain final authorization - simplifying the regulatory machine and reducing the complexity of the whole process also seems to be an indispensable step.
Although the first changes in Dodd-Frank have already been announced, the FX/CFD industry still has a long way to go. So far, brokers can only accept the reality as it is and prepare for future changes to make the most of their possible presence in the US market.
Damian Chmiel is a Senior Analyst & Editor at Finance Magnates with more than 15 years of experience in the CFD and online trading industry. Active as both a trader and journalist since 2010, he focuses on broker coverage, fintech innovation, and regulatory developments across Europe, the Middle East, and Asia.
His work includes interviews with C-level leaders at major brokerages and fintech platforms, as well as co-authoring Finance Magnates’ quarterly industry benchmarking reports. Damian’s reporting is data-driven, market-aware, and grounded in direct industry engagement. His analysis and commentary have also been cited by external media outlets, including Investing.com, Binance, The Asset, Stockhead, and Dispatch.
Education:
MA in Finance and Accounting, Cracow University of Economics
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