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Broker regulation explained

Which authority a broker answers to decides what happens to your money if the firm fails, if the market gaps, or if a withdrawal is refused. Here is what each regime actually gives you — and how to check a licence yourself in three minutes.

Updated 2026-09-04 · Educational content · No broker owns this site

Quick answer. Broker regulation decides what happens to your money if the firm fails. It sets whether client funds are held separately, whether you can lose more than you deposited, and how much leverage you get. A licence number on a broker's website proves nothing — only the regulator's register does.

Abstract two-colour illustration in deep green and cream: overlapping translucent rectangular panels over a fine hairline grid, with concentric thin rings suggesting an official record.

Risk warning. Leveraged forex and CFD trading carries a high risk of losing money rapidly. Every rule described on this page exists because regulators found that most retail accounts lose money. Regulation changes what happens around your trade. It does not make the trade safe, and it never guarantees your capital.

What does “regulated” actually mean for your money?

“Regulated” is not a quality rating. It does not mean a broker is good, or cheap, or likely to make you money. It means one thing: a named public authority has given a named legal company permission to do a named list of activities, and can take that permission away.

What changes for you is narrow and specific. Four things, in plain terms:

  • Your deposit is kept apart from the firm's own cash. UK client money rules require client money to be paid into a client bank account rather than the firm's own account. In Australia, reforms that commenced on 4 April 2018 removed the exception that had let licensees withdraw derivative retail client money and use it as their own working capital.
  • You cannot end up owing the broker money. UK firms must guarantee that a retail client cannot lose more than the total funds in their CFD account — in force since 1 August 2019. Australia's order does the same from 29 March 2021.
  • Leverage has a ceiling. UK, EU and Australian rules cap retail leverage between 30:1 and 2:1 depending on the asset.
  • There is somewhere to complain that is not the broker's own support desk. The UK's Financial Ombudsman Service and Australia's AFCA are both free to consumers.

Notice what is not on that list: nothing about whether the broker's prices are fair, whether its platform is good, or whether you will make money. Regulation is a floor under the worst outcomes, not a verdict on the firm.

CLIENT MONEY HELD SEPARATELY NO SEPARATION Your deposit Client bank account Broker's own money Separate account. Rules bar the firm from spending yours. If the broker fails The client pool is identifiable and is not part of the firm's own assets. In the UK a shortfall may also be met by FSCS, up to £85,000 per person per firm. Sources: FCA CASS 7; FSCS. Your deposit One pooled company account Broker's own money — same pot Salaries, marketing and hedging may come out of it. If the broker fails There is no ring-fenced pool to give back. You join the queue of ordinary creditors, under whichever country's insolvency law the contracting entity sits in. Illustrative — not a description of any named firm.
Segregation is about what is left to give back. It is the difference between your deposit being identifiable and your deposit being an entry in the queue.

How do you check a broker's licence on the regulator's own register?

This is the most useful three minutes in this article. Do it before you deposit, not after.

  1. Find the exact legal entity name and licence number — not the brand. It is in the client agreement, the terms and conditions, or the small print in the website footer. Brands are marketing. Entities are what you contract with.
  2. Go to the regulator's own site, typed by hand. Not through a link on the broker's page. UK: the FCA's Financial Services Register or Firm Checker. Australia: ASIC Connect's professional registers. Cyprus and the EU: CySEC's register of Cyprus Investment Firms. United States: NFA BASIC.
  3. Match three things, not one. The legal entity name, the licence or reference number, and the permissions. A firm can be authorised for one activity and not for the one it is selling you.
  4. Compare the contact details on the register with the ones you were given. The FCA warns that “clone” firms copy a genuine firm's name, address and firm reference number, and may even claim the register's details are out of date. The FCA updates the register on average every 24 hours, so that claim is itself a warning sign.
  5. Check the warning lists. The FCA publishes a Warning List of unauthorised firms and updates it daily.

If any step is hard — the entity is not named, the number does not resolve, the address on the register is different — stop there. With a legitimate firm every one of these steps is easy. The absence of an easy answer is the answer.

Why can a broker be “FCA regulated” and still not be the firm you sign with?

This is the trap that catches most beginners, and it is not illegal, which is exactly why it is so common.

A large brokerage brand is usually a group of separate companies. One holds an FCA or ASIC licence and serves clients in that country. Another company in the same group, registered somewhere with lighter rules, is the entity that clients in most other countries actually contract with. Same website. Same logo. Same support chat. Different protections — and possibly none of the four listed above.

So the question is never “is this broker regulated?” It is: which company will appear on my client agreement, and is that company on a register I can check?

How to find out before you deposit:

  • Take the account application as far as the client agreement, and read the counterparty name at the top of it.
  • Search the terms and the risk disclosure for a line naming the entity that serves “clients resident in” your country.
  • Check which entity each licence number in the footer belongs to, and whether your country falls inside that entity's scope.
  • Ask support, in writing, which legal entity you would be contracting with. A firm that will not answer that in writing has answered it.

What do FCA, ASIC, CySEC and CFTC/NFA each give you?

Same industry, four different answers. Read this as “what happens to my money”, not as a ranking.

On a narrow screen, scroll the table sideways.

Regulator Client money kept apart from the firm's? Can you lose more than you deposit? Leverage cap, major FX pair If the firm fails Free complaints route
FCA
United Kingdom
Yes — client money rules (CASS) No — negative balance protection, since 1 Aug 2019 30:1 FSCS pays up to £85,000 per person, per firm Financial Ombudsman Service
CySEC
Cyprus (EU)
Yes — MiFID II client asset rules No — negative balance protection, national measures 2019 30:1 Investor Compensation Fund: the lower of 90% of the claim and €20,000 CySEC complaints procedure
ASIC
Australia
Yes — since 4 Apr 2018 it may not be used as the licensee's working capital No — negative balance protection, since 29 Mar 2021 30:1 No fund for this. The CSLR covers dealing in securities, not issuing them — which leaves out CFD issuers AFCA
CFTC / NFA
United States
No. A firm may not tell you funds are “segregated”; it must hold assets covering what it owes you, at qualifying institutions No equivalent rule 50:1
2% deposit; 5% (20:1) on other currencies
No consumer compensation fund of this kind NFA / CFTC complaint

Leverage figures are the caps for a major currency pair. All four regimes step the cap down for other assets — UK, EU and Australian rules run from 30:1 to 2:1 depending on what you trade. Every cell is taken from the regulators' own publications, listed at the foot of this page. Checked September 2026.

Why does the United States protect retail forex clients differently?

Most beginners assume US rules must be the strictest. On leverage they are looser, and on client money they are built in a way that genuinely surprises people.

NFA rules prohibit a member from representing that retail forex funds deposited with it are “segregated” or given special protection under the bankruptcy laws. Instead, a Forex Dealer Member must hold assets at least equal to what it owes its retail forex customers, at qualifying institutions that report balances to NFA daily. That is a solvency requirement, not a ring-fence — and the rulebook deliberately avoids calling it segregation.

Two more US-specific rules worth knowing before you compare a US broker with a European one:

  • Minimum security deposits are 2% of notional value for major currency groups and 5% for others — roughly 50:1 and 20:1. Where the two currencies in a pair carry different requirements, the higher one applies to the whole trade.
  • A dealer may not carry offsetting positions in one customer account; positions are closed on a first-in, first-out basis.

And a point that doubles as a scam filter: only certain registered entities may lawfully act as counterparty to retail off-exchange forex in the United States. If an offshore broker offers to take you on as a US retail client, that offer is itself the red flag.

A $500 deposit, at each cap Maximum position the cap allows, and the move against you that would erase $500. 30:1 UK, EU, Australia major FX pair $15,000 position 3.33% move wipes out $500 50:1 United States 2% security deposit $25,000 position Same $500. A bigger position is not more buying power — it is less room to be wrong. 2.00% Arithmetic only: 500 ÷ 15,000 = 3.33%; 500 ÷ 25,000 = 2.00%. Ignores spread, commission and swap, which make it worse. Margin close-out normally triggers before the balance reaches zero.
A leverage cap is not a restriction on your ambition. It is a floor under how far the market has to move before your account is gone.

What if a broker is only licensed somewhere you have never heard of?

An offshore licence is not automatically fraud, and plenty of ordinary traders use offshore entities knowingly. But be honest about what you are getting: usually a company registration and a light-touch permission — with no compensation scheme, no independent ombudsman, and often no enforceable leverage cap or negative balance guarantee.

Three questions answer it:

  1. If this firm becomes insolvent, who identifies my money and returns it — and under whose law?
  2. If it refuses a withdrawal, who has the power to compel it?
  3. If I have to sue, in which country, and what would that cost me?

If the answers are “nobody”, “nobody” and “a country I will never travel to”, then the licence is decoration. Decide with that in front of you, rather than discovering it during a withdrawal dispute.

What does regulation still not protect you from?

  • Losing money on your own trades. Every authority named on this page wrote these rules because its own reviews found most retail accounts lose money.
  • Cost. No regulator caps spreads, commissions or overnight swaps. Total cost is entirely on you to compare.
  • Your own choices inside the cap. 30:1 is a ceiling, not a recommendation. Nothing stops you from using all of it.
  • Gaps and slippage. Negative balance protection means you will not owe the firm money. It does not mean your stop filled where you wanted.

Regulation decides what happens to your money when things go wrong around the trade. What happens in the trade is position sizing and risk per trade — a different problem, and the one that decides whether you are still here in a year. Start with the beginner path, and see how we score brokers before you read anybody's ranking, including ours.

Frequently asked questions

Does “regulated” mean my money is guaranteed?

No. Regulation sets rules about how your money is held, caps leverage and gives you a complaints route. It does not guarantee your capital, and it does not protect you from trading losses. Compensation schemes such as the UK's FSCS pay out when the firm fails — not when your trades do.

My broker's website shows a licence number. Isn't that enough?

No. A number printed on a website is a claim, not a verification. Type the regulator's own address by hand, search the register there, and check that the legal entity name, the number and the permissions all match. The FCA warns that clone firms copy genuine firm reference numbers precisely because people stop at the number.

The broker is FCA regulated. Am I covered if I live outside the UK?

Not necessarily, and often not. Large brands operate several legal entities, and clients outside the licensed country are frequently onboarded to a different company registered elsewhere. Read the counterparty name on the client agreement you would actually sign, then check that entity on a register.

Which regulator is the strictest?

They are strict about different things, so the honest answer is that it depends what you care about. The UK, EU and Australia cap major-pair leverage at 30:1 and require negative balance protection; the United States allows 50:1 but does not treat retail forex funds as segregated. Read the comparison table above as a list of trade-offs rather than a league table.

Does it cost anything to check a register or complain?

No. The FCA, ASIC, CySEC and NFA registers are free to search. The UK's Financial Ombudsman Service and Australia's AFCA are free to consumers, and you do not need to pay anyone to represent you.

Sources

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