NFA Talks with CFTC about Proposed Forex Leverage Reduction

President of NFA Dan Roth and CFTC Commissioner Jill Sommers Discuss Leverage Proposal

On Friday, Dan Roth, the president and CEO of the National Futures Association met with CFTC Commissioner Jill Sommers regarding the proposed forex regulations. According to the text of the CFTC comment file regarding the meeting, the discussion primarily centered around the reduction in leverage from 100:1 to 10:1 which has created a backlash from the retail spot forex industry.

Many groups within the industry suspect that the CFTC was trying to force retail investors into the currency futures markets, but industry comments have revealed that if leverage is reduced in such a manner, U.S. retail traders are likely to move to overseas brokers who will offer greater leverage.  This meeting may be a sign that the regulators are taking the comments of the industry to heart.  We will keep reporting on this issue.

The full text of the comment file is reprinted below and can also be found here.

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MEMORANDUM

TO: Comment File

FROM: Commissioner Jill Sommers

DATE: February 26, 2010

SUBJECT: Proposal to Regulate Off-Exchange Retail Foreign Exchange Transactions and Intermediaries

On February 25, 2010, Commissioner Sommers met with Dan Roth of the National Futures Association.  The Commission’s proposed rulemaking regarding the regulation of retail foreign exchange transactions and intermediaries was discussed, primarily with respect to the proposal to restrict leverage in customer accounts to a 10-to-1 limit.  Marcia Blase and Andrew Morton of commissioner Sommers’ staff were also present at the meeting.

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Bart Mallon, Esq. of Mallon P.C. runs the Forex Law Blog and provides forex registration service through forexregistration.com. Mr. Mallon also runs the Hedge Fund Law Blog. He can be reached directly at 415-868-5345.

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