UK Gambling Commission warn on binary options regulation. Published on May 26, 2015. UKGC Regulation Advice. The UK Gambling commission (UKGC) has issued advice to Binary options traders in the UK. They want to ensure consumers fully understand the products on offer, but most importantly, use only licensed and regulated brokers. The UKGC has been responsible for the licensing of binary option brokers in the UK since the 2005 gambling act. The UK government however, is considering moving responsibility to the Financial Conduct Authority (). regulation would offer UK consumers far greater protection and would seem a sensible step, given the growth of binary options trading. The UKGC had not previously shown any great enthusiasm to step into the binary options landscape, so this latest press release is to be welcomed. In it, they suggest consumers “ fully research the market ”. One of the key points made by the UKGC is that traders should be sure to use licensed and regulated brokers only – “ consumers who are unsure or have doubts over an operator, should not use their services. ” License and regulation confirmation should be displayed prominently on the website of any binary options broker. Protecting consumer funds. There is also another warning regarding the protection of consumer funds “ if consumers lose money while using unlicensed operators, then the regulatory body cannot recover this, or offer any compensation.
” This element of protection is often overlooked, and is sometimes assumed not to exist at all. The UKGC can however, help resolve disputes where the broker is licensed in the UK. Where consumers may have already fallen victim to unlicensed brokers, the UKGC recommend contacting Action Fraud . Read the full UKGC statement on binary options here . The UKGC warning follows similar messages released by French regulators – The Autorite des Marches Financiers (AMF). In France, one operator in particular has been misusing the logo of the regulatory body and legal steps have been taken to deal with that firm. The AMF echoed many of the comments made by the UKGC, including the importance of using only regulated brokers. These statements illustrate the growth of binary options and the need for regulators to inform the public how to ensure they are using trusted brokers, and protect themselves from risk. regulation has improved some of the issues that blighted the sector prior to that, and regulation could go even further, and provide UK consumers with absolute confidence. Binary options. Gambling or financial instrument? Binary options are nowadays widely recognized as one of the most accessible ways of getting introduced to financial markets. The pace of penetration in the retail segment has been truly overwhelming during the last 5-7 years, yet even though this type of instruments has undergone a noticeable shift of perception in both investors and market participants minds, we still see no finalized common opinion formed on the essence of that instrument. Let's try explaining and answering to ourselves what binaries actually are and that are their strong points.
Industry emergence. Following Fx on the way to regulation. The high popularity came at an initial reputational cost for the new asset class. One of the reasons for binaries rapidly gaining popularity was the lack of regulatory framework and industry standards, which ensured a strategic advantage over forex, derivatives other more complex markets in the eyes of emerging start-up brokers. The effort-efficiency of launching a binary brokerage attracted a vast number of undercapitalized market participants diluting the image of the service, leading to the incorrect perception of binary options being more like gambling and a scam rather than trading. The sites Binary option brokers appeal to the same type of people who play poker online. But they somehow have an aura of being more respectable because they represent themselves as offering a form of investing. Don't kid yourself. These are gambling sites, pure and simple. It's probably just a matter of time before regulators move in on them. Gordon Pape, "Don't Gamble on Binary Options" ( Forbes ), 27072010. The gambling parallel was, unfortunately, widely exploited in promotional campaigns run by market participants. Balancing on the edge of two confronting definitions (gambling vs. trading instrument) has raised numerous discussions within the trading and expert community, both sides having their supporters. Gradually this debate fostered a view, which I personally find most reasonable, that primarily questioned not the essence of binaries, but mostly the suitability of any asset class to a particular individual or method.
Since one of the meanings of gamble is taking risky action in the hope of a desired result or staking something on a contingency, pretty much any financial instrument may be considered as an object of gambling if approached without proper prudence. Judging by this definition, a lot of what we do in daily life is gambling. Binary options are gambling much like other financial instruments, tangible or intangible. "Are Binary Options a Form of Gambling?" ( FinanceMagnates ), 30072014. Indeed, opening an overleveraged Fx position with a micro-account, opening a leveraged CFD position without stop-loss on a stock the trader does not have a profound knowledge about, going into a derivative while not building a real hedge does not seem getting any further from gambling in the common perception of that concept. You may have grasped that the common trait of the last 3 examples is poor risk management. Let's be honest, any investment activity is gambling. Venture capitalists also gamble when they invest into start-ups, there is no guarantee that the company will survive let alone bloom. "Are Binary Options a Form of Gambling?" ( FinanceMagnates ), 30072014. Poor risk management usually originates either from the intended will to speculate with high risk or from the unsuitability of the instrument to the particular client, which in its turn comes from the lack of regulation in client assessment, informing and general education.
And here again we return to the initial problem with binaries - the lack of regulation. Fortunately, we already are seeing a retraction of this tendency towards a closer regulatory oversight, renowned financial market participants embracing the binary offer in their product range and traders exploiting the original strong qualities of binary contacts in their trading strategies. Cyprus was the first watchdog to officially start regulation of binary option brokers in 2012, while many of other EU jurisdictions kept viewing binaries as "game of chance" and directed requestors towards their local gambling regulatory bodies. Things started changing fast in 2015. The year started with a landmark decision by Rotterdam court ( Source ) on the OptieClub case, where the Netherlands financial regulatory body (AMF) was forced to issue the first licence to a binary options broker. The watchdog had rejected the request earlier despite falling into the financial markets product definition under MiFID regulations and directed the broker to the Dutch Gambling commission. Similar news are coming from the UK where Her Majesty's Treasury issued a consultation paper considering regulating binary options as financial products. The UK Government is consulting on proposals to treat binary options as a financial rather than a gambling product. This would mean binary options would be regulated by us, the , in line with practice across most of the EU, and no longer be regulated by the Gambling Commission. Both the Dutch court decision and UK initiative are indications on an impending paradigm shift that might open the gates for legitimisation of binary brokers seeking to get solid regulation in the EU market. Essentially, binary options industry is following the same path the Forex markets started 15 years ago: starting as a newly emerging speculative market dominated by non-regulated participants, low client confidence and ambiguous image retail, Fx turned into a well-established industry, overseen by financial authorities in virtually all developed countries it is now offered in the product range of numerous commercial banks. Binaries are now making the same journey towards regulation and transparency and seem to be doing it faster than Forex did in the past. At Dukascopy we have been feeling the shift of attitude to binary options especially strongly as our decision to enter the binary market 2 years ago was being taken amidst reported reservations regarding the suitability of this service to a well-established and reputable broker. On the contrary, we saw a clear competitive advantage in the fact that binary trading will be offered by a Swiss-regulated bank via proprietary platforms.
We believed that this should contribute to the diversification of the market, reinforce traders' security and offer an alternative to standard solutions thus ultimately improving client confidence to the entire market segment. Binaries as simple, yet secure and useful financial instrument. Simplicity, straightforwardness and transparency are considered to be the key inherent traits of binaries. Absence of commissions, binary result (i. e. there exists only 2 outcomes), which implies possibility of capitalizing with maximum payout on minimal market movements contract amounts as low as 1 USD and available short timeframes, sometimes less than a minute. Despite the doubts of being proclaimed speculative, binary options should be advocated as possessing all the characteristics of a financial instrument that can be used to realize investment goals. Binaries have particular attraction for investors whose strategies involve trading on economic news. News trading is a sophisticated investment activity that at minimum implies the following: Knowing when news are out and in what countries Being capable to carry out technical and fundamental analysis to assess the news impact Picking a currency pairpairs that are expected to be impacted Forecasting the needed duration of an option (e. g. 5 minutes or an hour) to avoid the interim noise volatility before and after the news is out Correctly and carefully placing a pending order and describing it. Noise volatility (volatility spikes) is a real problem for news traders that can be successfully dealt with using binaries. Here is a real-life example that demonstrates the impact of volatility: Example 1 : ECB Minimum Bid Rate (act. 0.50%, exp. 0.50%, prev.
0.75%) Date and Time: 02052013 11:45 GMT. ECB has reduced the base interest rate by 0.25%, which elicited a downward pressure on the EURUSD. However, a trader who correctly interpreted the news might come across a noise volatility that could have resulted in interim losses on a spot position. Binary option would be more preferable in this situation. Example 2: ECB Minimum Bid Rate (act. 0.50%, exp. 0.50%, prev. 0.75%) Date and Time: 02052013 11:45 GMT. Unemployment claims came out significantly lower than expected. However, the investor who correctly predicted it and forecast downward movement of USDJPY would face an unpleasant surprise when the pair hiked by 50+ pips. After the unexpected spike the pair abated as expected. An investor with short spot FX position could have been closed on margin cut or voluntarily closed the losing position. Binary option would again help the trader pass over the spike and gain on the correct forecast. Binaries also feature a set of important qualities related to tradingexecution risks management.
First is the independence of market depth, which means technical absence of slippages. Second, predefined maximum profit and, most importantly, maximum loss make it impossible to lose more than the amount of the contract. The latter also implies impossibility of driving the account into negative equity even under market force majeure conditions like those observed during the CHF soar on January, 15th 2015 after the Swiss National Bank's surprise decision to abandon the EURCHF floor. With all of the above features binary options are making another major step in turning markets more accessible to a retail trader, comparable to forex instruments going into electronic trading on retail platforms 2 decades ago. Adding a unique touch to binaries in Dukascopy. Being a banking group with an considerable IT development expertise Dukascopy undertook the development of an in-house binary service and trading platforms (Web, iOS and Android), which ensured considerable flexibility and freedom compared to the common approach of going into a white-label with one of the major platform vendors, an approach that had become standard at that time. Seeing binaries as a new area for us, we went for a conservative start with offering the classic yet most widespread UpDown binaries on currency pairs. Our flexibility allowed us offering features that were and remain unique in the market even for that basic binary options type: fixed payouts with a default level of 90% , which still remains among the highest in the market, custom-set option durations of 1-60 minutes with 1 min discretion. To achieve total transparency of the price feed we are using the SWFX (Swiss Forex Marketplace) flux, i. e. the same quote source as Dukascopy's FxCFD trading platforms. Another valuable feature highly appreciated by technical traders are the fully-functional charts with over 180 indicators and drawing objects available in the Web Binary platform. After the service was successfully launched for the clients of Dukascopy Group, binaries became available as a separate module in the Dukascopy White-Label partnership program.
This year we extended the instruments range with Daily Stock Options giving access to a session trading of over 1500 stocks from all over the world and Pair binaries on stockindex combinations. Unlike the conventional approach of offering a short fixed set of pair combinations, our traders can build their own compositions. Many updates and new features are now in the pipeline. This includes further integration of our products, allowing automatic creation of new trading subaccounts and platform improvements. To harmonize the offerings available to FxCFD clients and binary traders we are now working on launching an equity bonus program for binary accounts. Finally, new binary instrument types, including the Touch binaries and their variations, are on the way. Again, as with UpDown options, we intend to continue re-thinking conventional instruments while striving to add a unique element to our service. All the above mentioned unique features of our binary options are fully available to the retail clients thanks to Dukascopy Europe. Binary options accounts with Dukascopy Europe are available for contract sizes from 1 USD and an initial deposit of 100 USD. I invite you to get your own experience of binary trading with us at dukascopy. eu. The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of NASDAQ, Inc. Binary Options. This exclusive report aims to serve as a manual, answering all of the questions on the Chinese multi-asset trading industry that you were always afraid to ask.
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When the UK adopted the EU’s Markets in Financial Instruments Directive (MiFID) rules it did not extend the scope of the British financial regulators to cover binary options. The UK’s approach was in line with how it believed the Committee of European Securities Regulators (“CESR”) analysed the scope of MiFID. Therefore, under current UK legislation binary options are classified as bets and are supervised by the Gambling Commission rather than the Financial Conduct Authority (). However, different Member States have taken different approaches to this issue. Several European Member States include binary options within the scope of their transposition of MiFID financial instruments. The UK government now says this creates inconsistencies in approach as to whether firms offering binary options can or cannot passport across the EU. It also means that there is confusion for potential purchasers of binary options about their status and potential inconsistencies in consumer protection for what can be risky products. Additionally, recent publications by the European Commission on binary options indicate that the Commission believes that certain binary options are within the scope of MiFID. Still, the uncertainty in the EU about the status of binary options have not lead to any specific amendment to MiFID II. However, HR Treasury says that in the light of the growth of the binary options market and concerns about consumer protection, the British government considers it appropriate to consider their status under the existing directive and revisit the UK’s transposition of this element of MiFID. The UK government is now of the view that binary options, where they relate to specific underlyings, are appropriately viewed as MiFID financial instruments. It therefore proposes to bring activity in relation to these instruments within the regulatory perimeter, where they are derivatives in relation to which an investment firm or credit institution is providing or performing investment services and activities on a professional basis. Such persons providing specific binary options, under the draft amendments, would require authorisation under Financial Services and Markets Act (FSMA) and be regulated by the .
Although there are supportive legal considerations in deeming certain binary options ”financial instruments” and specifying them as investments, there are also strong policy reasons for doing so, the goverment says. In particular, binary options present similar risks to derivatives and classifying them as financial instruments would ensure that providers would be subject to specific regulatory requirements in relation to organisational and capital requirements and that the range of investor protection rules in MiFID would also apply. It would also mean that the specified binary options are brought within the scope of the market abuse regime. The British government is seeking comments on its proposed draft legislation to bring certain binary options within the legal framework that covers contract for differences (CFDs) in the UK. The consequence of this drafting is that a binary option is a financial instrument in circumstances where similar derivative contracts would also be regarded as financial instruments, for example, where the option relates to currencies, stock indices, individual shares, commodity prices and economic statistics. The draft amendment would therefore capture a wide range of binary options. The UK government is particularly seeking responses in relation to whether this draft legislation raises any problems in relation to scope of what would be captured. For example, a binary option in relation to climatic variables would appear to capture a range of binary options that might not ordinarily be considered to be financial. Gambling Commission Reaction. A spokesperson for the UK Gambling Commission (UKGC) commented on the development: “For most existing licensed gambling operators this will have little or no impact on their business. “Binary options account for less than 1% of the Gambling Commission-regulated online gambling market. Operators who offer binary options alongside more traditional betting products will merely find this part of their activity regulated by the .” However, the spokesperson clarified that binary options firms will not need to apply for a gambling license this year, “This is to avoid relevant operators having to make applications and pay fees that might later prove unnecessary.
“The effect of this is that operators will not, for the time being, require a gambling operating licence to offer binary options, and no application to the Gambling Commission to do so will be necessary until further notice.” AMF Continues Crackdown Against Unauthorized Binary Options Firms. 3 Comments on "UK to Change Binary Options' Legal Status from Gambling to Investing" Big plus for the B. O. industry. Each firm will have more work to do around regulation, but it is a validation of B. O. as an trading asset class. Big plus for the B. O. industry. Each firm will have more work to do around regulation, but it is a validation of B. O. as an trading asset class. I assume that the reclassification will mean that profit from binary option trading will attract investment tax. Is binary options a new form of gambling? Binary option has supposedly taken Forex and stock trading to a completely new level. With new and improved technologies, brokers are providing platforms that claim to make trading super fun, quick, and effective. If binary option is an actual trading instrument and is not gambling then it has successfully taken out all the boring elements from normal trading and have replaced it with a fast and interesting platform.
Is binary option Gambling? There are two sides to this story. If you ask this question to a broker, then most of them say no i. e. they will claim that it is not gambling. On the other hand, there are several clear indications that suggest binary options is gambling. Just for the record, it is my personal opinion too i. e. binary trading is 100% gambling. Majority of brokers will tell you that options is not gambling, and they will defend their position by giving different reasons. An account manager once told me during a phone conversation that their website is connected to some network by which their site get real-time trading data from the markets, and when a customer wins a trade, a third party pays the profit. “His company wants its customers to win as many trades as possible on each trade customers execute, our company receives a small commission by a third party,” he added . He further explained that when a trade ends in a draw then they don’t get any commission they receive commission only when a trader either wins or loses a trade. Binary option brokers lie! The account manager continued the story and said that they want traders to win and make money so that the company can continuously get commissions. “If a customer loses all his money and stops trading, we stop getting commissions,” he said.
If what the account manager said is true then all of this could make sense. Traders win trades and make profit while the broker gets commissions it seems to be a workable system that actually does exists in ECN Forex Trading. Another thing they brag about is being a licensed entity. Most brokers reside in Cyprus and they get their trading license from Cyprus Securities and Exchange Commission . They ask traders to trust them blindly because they are regularized by . Binary brokers are trying really hard to give the impression that what they do is same as Forex Trading and I must say they are doing a great job, however there are several unanswered questions like, who exactly is this third party? Moreover, if majority of traders make money then how is it surviving? How does it make money for itself? Broker want to make, not lose money. Companies do business to make money for themselves they don’t do it to make other people rich. If you search on Google, you will find tons of withdrawal related complaints against majority of brokers. Traders who are able to make profit are not getting their money from brokers they make up numerous excuses for not paying. Why do they have such a hard time paying profits to the traders? You will find countless complaints against famous brokers who spend thousands of dollars every day on advertisements.
They will make up all kinds of lies to hide the truth. Nevertheless, there is hope. There are few honest companies in this otherwise awful business, one of which is MarketsWorld. This broker is famous for paying profits without any issues. Unlike other dishonest ones, they operate under the law. MarketsWorld or MW is the only financial betting site that operates in Isle of Man, UK. Gambling Supervision Commission GSC regulates this company. Gambling Commissions do not regulate currency-trading companies, so if binary option is not Gambling then why does GSC regulate MW? In online casinos, if you play and win, the casino owner pays you the money from his pocket. You win and the casino loses. Binary trading operates in the same way the real name of this business is “Financial Betting.” Binary options trading is completely false label for this business.
A live chat representative of MW gave the following statement: “However since all trades you buy are against the company, we view it as a conflict of interest to offer trading advice directly.” Here is a screenshot of the live chat discussion: It is up to you to decide whether this is gambling or not. Additionally, you should know that making profits in this business is only possible if you can come up with a good trading method otherwise, you will lose all your investment. Brokers advertise this as an opportunity that you can use to get rich quick these are all lies. Without a solid working method, you cannot make profits. Following is an example showing how financial betting, aka binary options trading, work: Step 2: Select An Expiry Time. Date: 2016-12-10 14:10:41. Said: If you analyze it carefully, you will know Binary Option is a scam. 1) how binary option brokers make money? 2) they make money from your every losing trade. But they put it beautifully that they only earn commission if you make money. 3) life is full of challenging, it is very difficult to tap on traders who knows how to trade, 4) thus they turn to big big very big market of those who does not know how to trade. 5) they offer “hold hands” method so that inexperienced traders are willing to pump in money. 6) to make it even more attractive, brokers even offer 100% bonus top up for every dollar you pump in. 7) Account Manager will call you and follow his signal to trade, 8) hey remember, who pays his salary? Broker, not you!!
8) he will make sure you lose every cents so that all your investments are “transferred” to broker’s account rightfully n cleanly. 9) broker makes money is good job for Account Manager, thus they can’t be bothered how you feel. They don’t call you any more! 10) in order to squeeze further from every drop of your blood, recovery Account manager will call you, sympathy your case and say that your previous Account Manager has been sacked! Because they made the company lose an important customer like yourself.. 11) Recovery manager will “promise” recovering your investments in 3 to 6 months. They will entice you to pump in more money to trade conservatively. 12) after you pumped in your money, they will slice you stupidly for the second time…. 13) because you are more conservative this time, you will win & lose your trade, more lose trade of course! your investment will drain off slower until you realize that you are real stupid in this world !!
14) this tactics is the best scam on earth, you are being sliced twice and still do not know who they are!! 15) brokers and Account Managers now listen…I am not sure if you believe in retribution, karma and hell. Those money that you scammed successfully are peoples’ hard earn money. Believe or not, I know many has committed suicide because of your scam! They will haunt you down. You will not have good death!! You will never enjoy rest in peace. Date: 2016-10-26 14:32:44. Said: I invested in a Cyprus company called Opteck… and they lost all my money in two hours… Opteck said they matched dollar for dollar. I invested 126,357 US dollars and Opteck made an even 300,000 US dollars. And all gone with out a guilty conscience. DO NOT INVEST WITH OPTECK CYPRUS. Date: 2017-03-02 14:55:56. Said: Useful Resources!
Date: 2017-07-31 08:36:20. Said: In my comment I want to touch a few subjects. First of all, I am also a victim of binary options do not mistake for a second - it a well oiled machine operation from the middle east and has millions of victims and devastated lives behind them. I had worked with a company named 23 Trade, I trusted them and let the broker know that I’m a single mother that is in strangulation to raise her children and needs money, my bad. I was manipulated to invest 12K in 4 months time. All gone to the garbage and the explanation I got is that “this is trading. Sometimes you win sometimes you loose.” My luck is that my brother worked in IT, and know his way throw computers. Once I explained to him what had happened, we started to search online to get more information and about the industry, we consulted a few law firms and decided that we are not going to let them to get away with it. After consultations with a few companies we did choose one (MBL) and we started to work to get my money back. I must say I was so broke that my brother actually gave me money for the process - it was devastating . In the end of this story, in a few mounts time I managed to get the funds back. Now I got to have a happy ending, but a lot of people are actually loosing they’re lives in the industry. Bottom line of what I wanted to say - ALL BINARY ARE FRAUD.
period. No good companies. If you are, a victim like myself, do know that you can solve this situation. Go, read online, consult with lawyers. Just DONT let them get away. If i can - so can you too get your money back… 11 Comments on "Binary Options Trading is Gambling… or is it?" Throw your money down the toilet instead of wasting time in binary “TRADING”…. After losing lot of money, I finally was able to make some profits. I lost $10,000 then invested 5,000 again. With some claim trading, I made 500 dollars and requested BANC-DE-BINARY to send me this profit. Before this request, different a** ho*** were contacting me and were always telling me that I need to invest more and more money.
When I requested a withdrawal all calls stopped and they did not respond to my emails. It has been 2 months now and they have not sent me the profits. I also tried to get my $5,000 back but because no one is replying to my requests, I am trapped in a dead-end. Live chat will sometime simply disconnect after knowing what the issue is. Sometimes, they tell me wait. BANCDEBINARY IS SCAM. I live in Pakistan, I tried to deposit money with my broker, but my credit card company called and told me that they are going to reverse the transaction. They also warned me to never use my card for business purposes. Can someone suggest a work-around? How can I deposit funds with if I live in Pakistan? Please help! Hi, this is a trading scam period. Sir I am a Muslim and I want to trade, but some people say it is gambling, so what should I do? This certainly is betting, stay away from it. Not only your religion denounces it, but also avoid it as it is gambling, 99% of the time, you will lose all your money at the end of the day. Regulation of Binary Options. One of the newest trading instruments to gain popularity in recent years are binary options.
Although various regulators have moved at different speeds towards either regulating these tradable products or not, binary options are typically classified as either gaming or gambling product, or into the category of derivatives. Binary options are typically available alongside forex, CFD offerings, andor traditional vanilla options contracts that are traded either alongside listed-products on many of the world’s stock exchanges or in over-the-counter (OTC) markets and off-exchange. The classification or lack thereof, for binary options, largely depends on the relevant regulatory jurisdictions and any efforts made within various countries towards a required framework for the products to be legally implemented by companies and offered out to clients. What are Binary Options? The reason binary options are called ‘binary’ is because of the nature of risk when buying options which is limited to the entire premium (i. e. the cost of the trade). It gives the appearance that it’s an all-or-nothing trade or a trade that results either in a 100% gain or 100% loss, hence a dual or binary nature. However, this is not always the case as some binary options trading instruments can be exited early, or feature other risk-management features depending on the contract specifications, and underlying market movements, as well as the brokerage or exchange offering the products. Options Risk Profiles Across Products. For some people, this type of investment appears highly aggressive or akin to gambling. In reality trading listed options in the US stock markets can be the same or even-more risky, and typically requires advanced approval for level 1, 2 and level 3 options trading (reserved only highly experienced and sophisticated investors) as certain options trading can carry unlimited risk (i. e. risk greater than the initial deposit or margin collateral). Therefore, despite binary options labeled by some as a gimmick or sounding like a gambling product, the many billions of US Dollars worth of options that trade on the US stock markets operate in a similar manner where the premium paid is the maximum risk when buying either long calls or short puts in the options market. Conversely, selling options short or writing naked puts to collect premium from buyers can carry unlimited risk in some cases, whereas trading binary options in this case would be safer. At the end, it really depends on the specific product features and the trading venue where the contracts can be traded. Trading Community Observations.
Despite the risks, investors and speculators love trading options of all sorts as they can serve as a tool to hedge either the underlying instrument or correlated asset andor enter the market for fix amount of time and price target. This contrasts spot trading which can be subject traders to getting a stop-out or margin call from underlying price movement that can result in a prematurely liquidated trade whether in equities or forex and other markets. With the right approach, various options contracts including binary options can serve a purpose within an investor’s portfolio or traders’ method, and based on suitability and risk-appetite and other common attributes that vary per customer. The reason for any negative association with this industry is the unfortunate number of unscrupulous brokers that have emerged in recent years – many of which operate either illegally or lack any regulation or oversight, and who employ questionable ethics in their business and towards their clients. The same occurred within the foreign exchange market as it evolved along with related regulations across the world in the last twenty years, and despite ongoing challenges that still exist. Therefore, a strong self-regulatory effort is needed and Financial Commission can help companies offering these products achieve that through the membership criteria and advantages provided to clients when firms become members. Legal Status and Reforms. Overall each regulatory jurisdiction has their own opinion or lack thereof regarding binary options and either attempts to classify these products within any local framework and based on existing laws or has not yet done so. As a result, the consensus towards these products varies across different countries. This means that some regulators allow binary options trading with proper licensing, whereas others have banned it completely, meanwhile some countries not having done anything on whether binary options are permitted or not locally. Regulations normally lag behind new technologies or approaches and the same can be said for these products, while the length delay appears to be shortening as reforms have been put in motion in some countries. In some countries, Binary Options (BO) have been criticized by regulators and other authorities (e. g. Italy, France), together with proposals to classify these instruments as gambling. Elsewhere, they all fall under a ban, such as in Canada and Israel. Yet this could be a stepping stone for any future reform and to clean up firms operating in these locations, and after numerous warnings have been issued against related companies. On the other hand, in the most developed countries in terms of the regulation of financial markets, these instruments are classified as financial derivatives and are regulated accordingly – for example countries such as the USA, UK, Japan, Cyprus and other European countries under MiFID Directive (although the French AMF regulator considers MiFID insufficient to offer a license for firms to offer BO in France).
In order to understand the reasons for the negative relation to these instruments from a number of countries, Financial Commission analyzed official statements and publications from regulators and other authorities, excerpts of which have been paraphrased and collated in the table below. Denial of service providers (non-regulated), to meet their obligations to customers. For example, in its release, the Commodity Futures Commission noted that the big number of claims related precisely to the failure to satisfy the requests for withdrawal of funds belonging to clients. Cancellation of a positive result that the client had received from transactions with binary options (i. e. cancelled profit) Because there is high demand for new instruments such as binary options, it becomes a weapon of choice for fraud. New, so-called screen, under the guise of which the funds are raised. Binary options are attracted not only retail investors with no experience, but also the businesses without it. As a result, this leads to bankruptcy for companies scammed. Undeveloped market. Not a standardized market, causing it no effective hedging instruments. State regulation and oversight will help to deter fraud, to solve the problem of unqualified personnel in the industry, as well as to monitor the adequacy of firms own capitalization to ensure fair dealing and the safety of customer funds. Aggressive practices of sales and insufficient disclosure of risks. Often, the use of a very similar position to gambling. (Get rich quick & easy) Provision of “poor quality” analytical support – in this paragraph notes the work of personal trading advisors.
No requirements standards concerning the process of attracting customers Lack of requirements for managing and trading advisor. Governance of marketing and sales processes, as well as requirements to people, engaged in sales. Internal audit and information storage requirements. Manipulations in the platforms. Changing the terms of the options, after the trade is conducted. Input unexpected, non-prescribed limits, and creating other difficulties to the client. Lack of control over pricing. Lack of standards and rules for carrying out transactions. The absence of dispute settlement mechanisms, and a lack of expertise. The low level of product awareness.
Regulation and monitoring of the pricing process. Standardization of contracts. Ensuring consideration of ways and the settlement of disputes. Reporting and storage of information requirements. Control of honest disclosure to the client. It is important to note that some regulators explain binary options as gambling because they see it as a market of purchasing predictions rather than actual securities and where the probability of correct market predictions at short time intervals is highly random. Thus making these trading instruments based on guessing rather than the overall forecast over either a short, medium or longer term period. In addition, these views may be taken in order to fit binary options within the existing gaming regulations applicable, if no such rules apply within the financial investment authorities for a given jurisdiction. Some broad opinions from the other side are that these definitions are just as suitable as any other speculative transactions on the market. Also, if the underlying asset of a binary option is a security, and the payment of the cost of the contract is determined by the volatility of the underlying asset in a financial instrument, then trading in such instruments should be monitored by the appropriate supervisory authority.
Looking at the experience of the US and Japan, it is clear that a compromise was found and implemented by introducing specific conditions for providing BO trading. Regulators are trying to help increase awareness for clients regarding binary options so that investors trade binary options more consciously, as some believed that trading in very short intervals is devoid of any analytical component. Also, trading longer intervals eliminates the possibility of price manipulation. For example, in the United States, the minimum option duration is 5 minutes, and in Japan it is 2 hours, and issues like these vary across parts of the world. Initially, binary options were very standardized products yet have become more varied and diverse in recent years, as different providers continually customized their related products and platform offerings over time. In addition, across various jurisdictions, binary options are required to meet certain standardized criteria related to their contract specifications andor functions. The Financial Commission is able to help the binary options industry by supporting firm’s own self-regulatory efforts through a voluntary membership structure using an external dispute regulation (EDR) platform that the organization provides and through its Dispute Resolution Committee (DRC) that brings extensive experience across the online brokerage industry. In addition, companies must meet minimum standards to join the Financial Commission as well as demonstrate ongoing compliance as needed in order to maintain membership – such as in cases of customer claims or disputes that are brought to the Financial Commission to be heard.