Spot or Swap? CFTC Defines Rolling Spot Transactions As Swap In Retail FX
by
Andrew Saks McLeod
The Dodd-Frank Wall Street Reform Act continues to include regulatory direction relating to defining the framework around which swaps should be overseen, and to provide clarity as to what constitutes a swap.
This has now been extended to rolling spot transactions, which according to the Commodity Futures Trading Commission (CFTC) are to be deemed swaps in the retail market due to the speculative nature of such products. Such a move could create a significant change in FX trading environments, as FX spot is expected to be exempt from US clearing and exchange trading rules, but rolling spot could be classified as a CFD.
As part of a research carried out by FXWeek on this matter, CFTC Commissioner Bart Chilton made a statement yesterday which covered the reasoning behind such a ruling, stating that the rationale behind rolling spot transactions is to offer retail investors a means of speculating on exchange rates, and as a result of this, they should be interpreted by the US regulator as swaps and should be treated accordingly.
The position relating to rolling spot transactions in the institutional sector has not yet been clarified.
Two major FX firms with a large proportion of their retail volume taking place in the United States are GAIN Capital and FXCM. Both of these firms registered as swap dealers in March this year, although did not stipulate the exact reasoning for doing so.
Commenting on this ruling, Drew Niv, CEO of FXCM detailed the company's stance on this matter to Forex Magnates: "FXCM has registered as a swap dealer for its business with ECPs and will meet all requirements. The majority of FXCM's volumes are retail trading volumes. ECP business, while very important to us, is a much smaller percentage, particularly US-based ECP business."
"FXCM has always been an advocate of Regulation that brings about confidence in the markets and the market participants" said Mr Niv.
Forex Magnates extended the opportunity to provide viewpoints to several other industry participants in the United States, all of whom declined to comment due to it being, according to one major US broker, "a sensitive issue still pending final decision, on which a number of other players are currently in talks with the CFTC".
On May 16 this year, the CFTC held a meeting during which items on the agenda included the swap transaction compliance and implementation schedule, trade execution requirement under Section 2(h) of the CEA (Made Available to Trade Rule). Points discussed during this part of the meeting were centered on the core principles and other requirements for swap execution facilities (SEFs), along with the interpretive guidance and policy statement from the Anti-disruptive Practices Authority.
Under the Dodd-Frank Act, the SEF was instigated as a means of reforming the OTC derivatives market without forcing participants onto an exchange. Forex Magnates intends to research this matter further and provide a full and detailed synopsis as developments within the regulatory structure emerge.
The Dodd-Frank Wall Street Reform Act continues to include regulatory direction relating to defining the framework around which swaps should be overseen, and to provide clarity as to what constitutes a swap.
This has now been extended to rolling spot transactions, which according to the Commodity Futures Trading Commission (CFTC) are to be deemed swaps in the retail market due to the speculative nature of such products. Such a move could create a significant change in FX trading environments, as FX spot is expected to be exempt from US clearing and exchange trading rules, but rolling spot could be classified as a CFD.
As part of a research carried out by FXWeek on this matter, CFTC Commissioner Bart Chilton made a statement yesterday which covered the reasoning behind such a ruling, stating that the rationale behind rolling spot transactions is to offer retail investors a means of speculating on exchange rates, and as a result of this, they should be interpreted by the US regulator as swaps and should be treated accordingly.
The position relating to rolling spot transactions in the institutional sector has not yet been clarified.
Two major FX firms with a large proportion of their retail volume taking place in the United States are GAIN Capital and FXCM. Both of these firms registered as swap dealers in March this year, although did not stipulate the exact reasoning for doing so.
Commenting on this ruling, Drew Niv, CEO of FXCM detailed the company's stance on this matter to Forex Magnates: "FXCM has registered as a swap dealer for its business with ECPs and will meet all requirements. The majority of FXCM's volumes are retail trading volumes. ECP business, while very important to us, is a much smaller percentage, particularly US-based ECP business."
"FXCM has always been an advocate of Regulation that brings about confidence in the markets and the market participants" said Mr Niv.
Forex Magnates extended the opportunity to provide viewpoints to several other industry participants in the United States, all of whom declined to comment due to it being, according to one major US broker, "a sensitive issue still pending final decision, on which a number of other players are currently in talks with the CFTC".
On May 16 this year, the CFTC held a meeting during which items on the agenda included the swap transaction compliance and implementation schedule, trade execution requirement under Section 2(h) of the CEA (Made Available to Trade Rule). Points discussed during this part of the meeting were centered on the core principles and other requirements for swap execution facilities (SEFs), along with the interpretive guidance and policy statement from the Anti-disruptive Practices Authority.
Under the Dodd-Frank Act, the SEF was instigated as a means of reforming the OTC derivatives market without forcing participants onto an exchange. Forex Magnates intends to research this matter further and provide a full and detailed synopsis as developments within the regulatory structure emerge.
58% of UK Investors Choose Professional Guidance over 'Finfluencers’
Network, Learn, Grow | FMAS:24
Network, Learn, Grow | FMAS:24
Get ready to mark your calendars for FMAS:24, returning this May! Take a quick glimpse of what awaits at the Sandton Convention Centre in Sandton, South Africa from May 20-22, 2024.
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Get ready to mark your calendars for FMAS:24, returning this May! Take a quick glimpse of what awaits at the Sandton Convention Centre in Sandton, South Africa from May 20-22, 2024.
Don't miss out on this 5-second invite packed with energy and urgency!
Secure your free ticket now 🔗 https://events.financemagnates.com/yQx0l?utm_source=youtube&utm_campaign=fmas-is-back&utm_medium=video&RefId=FMAS24+Video+Ad+%5B1%5D
#fmas24 #fmas #fmevents #financeinafrica #traders #investors #affiliates #forexTraders #investmentOpportunities #B2BNetworking #finTech #Innovations #TradingCommunity #BusinessOpportunities #AfricanBusiness #Johannesburg #southafrica
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Here's a sneak peek into the FMAS:24 vibrant atmosphere! Join us at Africa’s premium financial event for a transformative experience that combines the best of finance and technology.
From May 20-22, 2024, the Sandton Convention Centre in Sandton, South Africa, will be the hub for over 3,500 attendees to engage in unparalleled networking opportunities, learn from over 150 industry-leading speakers, and explore innovations from 120+ exhibitors.
Secure your free ticket now 🔗 https://events.financemagnates.com/yQx0l?utm_source=youtube&utm_campaign=fmas-is-back&utm_medium=video&RefId=FMAS24+Video+Ad+%5B1%5D
#fmas24 #fmas #fmevents #financeinafrica #traders #investors #affiliates #forexTraders #investmentOpportunities #B2BNetworking #finTech #Innovations #TradingCommunity #BusinessOpportunities #AfricanBusiness #Johannesburg #southafrica
📣 Stay updated with the latest in finance and trading!
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Here's a sneak peek into the FMAS:24 vibrant atmosphere! Join us at Africa’s premium financial event for a transformative experience that combines the best of finance and technology.
From May 20-22, 2024, the Sandton Convention Centre in Sandton, South Africa, will be the hub for over 3,500 attendees to engage in unparalleled networking opportunities, learn from over 150 industry-leading speakers, and explore innovations from 120+ exhibitors.
Secure your free ticket now 🔗 https://events.financemagnates.com/yQx0l?utm_source=youtube&utm_campaign=fmas-is-back&utm_medium=video&RefId=FMAS24+Video+Ad+%5B1%5D
#fmas24 #fmas #fmevents #financeinafrica #traders #investors #affiliates #forexTraders #investmentOpportunities #B2BNetworking #finTech #Innovations #TradingCommunity #BusinessOpportunities #AfricanBusiness #Johannesburg #southafrica
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Join 3500+ Attendees at FMAS:24 | Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 | Africa's Premium Financial Event
Looking to expand your network in #Africa? Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
📣 Stay updated with the latest in finance and trading!
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Looking to expand your network in #Africa? Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
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Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Join 3500+ Attendees at FMAS:24 - Africa's Premium Financial Event
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Looking to expand your network in #Africa?
Join 3500+ attendees at FMAS:24, where online trading, fintech, payments, and crypto meet! Connect with industry leaders and innovators for an unmatched networking experience.
20-22 MAY 2024
Sandton Convention Center, Sandton, South Africa
Register now to secure your spot: https://bit.ly/3JbUpCK
#fmas #fmas24 #fmevents #networking #finance #africa
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Where the Prop Trading Industry Goes from Here | Finance Magnates Podcast
Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
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Explore the tumultuous world of prop trading in this Finance Magnates podcast episode, featuring insights from Head of Axi Select, Greg Rubin.
We're discussing the challenges and shifts caused by MetaQuotes' pivotal decisions affecting MT4 and MT5 users, and how Axi Select offers a unique, realistic path to professional trading, steering clear of traditional prop firm pitfalls.
Tune in for expert analysis on the future of trading and innovative funding models.
The Axi Select programme is only available to clients of AxiTrader Limited. CFDs carry a high risk of investment loss. In our dealings with you, we will act as a principal counterparty to all of your positions. This content is not available for AU, NZ, EU and UK residents. For more information, refer to our Terms of Service. Standard trading fees apply.
This content is provided solely for general informational purposes and should not be construed as financial product advice or an investment recommendation. It has been prepared without considering your personal circumstances.
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