Are Prop Firms Legal ? (2024)

Over the last 6-12 months there has been a lot of controversy surrounding the online prop firm space, specifically forex prop firms. This has been due to a number of the largest forex prop firms being shut down by regulators for their business practices.This has led many traders to question the legality of online prop firms and whether the bubble is about to burst.

In this article, we’ll discuss the legality of online prop firms, the regulation in place and what we expect to see in the industry over the next few years. So, let’s get into it…

The Legality Of Forex Prop Firms

The legality of online prop firms has very much been questioned since My Forex Funds and The Funded Trader, among others, were shut down by the regulators. This has led to a discussion in the industry around the future of prop firm trading and whether the bubble has burst. We very much support this discussion and ultimately, we want the online forex prop firm space to become much more regulated and provide a safer environment for traders to grow both their skills and their profits from the markets.We’re very aware that currently there is a real lack of information out there regarding the legality and regulation of online prop firms, We want to clear things up and provide our take on the industry and how traders can best position themselves for the long term.

Are Forex Prop Firms Legal?

Currently, online forex prop firms are legal, although there is lacking documentation and regulation for prop firms to follow.It is not illegal to operate or trade with a prop firm. However, where most online prop firms come unstuck is in their business practices and terms of service.Some of the largest prop firms that I’m sure you would have heard of have fallen victim to these mistakes over the last few months. This has led to regulators shutting these prop firms down and potentially taking legal action against the business owners.

However, this doesn’t mean that online prop firms are not legal – this just highlights the lack of regulation and guidance – meaning some prop firms are choosing to operate in a non-ethical manner for their traders, and operating more as Ponzi schemes.

If you take a look into all of the prop firms that have been shut down, they were all ‘simulated’ capital prop firms, offering insane profit splits and operating in a Ponzi style business model. E.G, they needed more traders coming through the door to pay out the withdrawals from their profitable traders.

Is The Wider Prop Firm Industry Legal?

What many newbie traders forget is the fact the prop firm industry has been alive and well for decades. It’s only within the last 6 or so years that the online model has come to the market – before then, all prop firms were brick and mortar businesses with a real trading floor for traders.All brick and mortar prop firms operate in the same business model as Lux Trading Firm. They provide real trading capital to profitable traders, in exchange for a profit split.No brick and mortar prop firms offer ‘simulated capital’ to traders – this is where the online prop firm industry has largely differed from the traditional legal model.

Typically, the brick and mortar prop firms will have traders on a trial period on a demo account (as we do at Lux Trading Firm), before proving themselves and being awarded a real trading account funded with the prop firm’s capital. At this point, the trader will have to adhere to risk management frameworks and receive a split of the profits they make. Their capital is then scaled exponentially when milestones are hit. This is exactly what we do here with our funded traders, and it’s a far cry from what the ‘simulated prop firms’ are offering.

Will Online Prop Firms Become Regulated?

We’ve seen the regulators stepping in now on a number of occasions and closing some of the online prop firms. This alludes to the fact that the regulators are watching the online prop firm space, and we believe it’s very likely that the industry will become heavily regulated over the next few years. This is great news for traders, and for us here at Lux Trading Firm!

The reality is, when regulation comes, safety comes. Traders will be much safer and be entitled to much more than they currently get from a lot of the simulated prop firms. We actively built our business around the idea that the industry will be regulated, instead of a quick cash grab. We’ve modeled our whole business model in line with what we believe the regulations will state – so we aren’t anticipating any changes to the way we operate here!

What Will Happen To Online Prop Firms When Regulation Is Enforced?

We’ve already seen a flavor of what will happen to online prop firms when regulation is enforced. We expect that:

  • Simulated capital prop firms will be scrutinized and shut down. This is largely due to the fact they operate a Ponzi business model. Profitable traders cost these prop firms money. Therefore, they try to market to unprofitable traders, make trading harder than it needs to be, and have to constantly get new traders through the door to pay challenge fees needed to pay out the profitable traders. This is a Ponzi scheme, dressed up as forex trading.
  • Real money prop firms, like Lux Trading Firm, will continue to operate and report to the regulators. There may be changes to the amount of capital prop firms are allowed to allocate and new reporting procedures, but beyond that, we expect no change. This is because real money prop firms operate exactly as brick and mortar prop firms do, just with less overhead and physical space needed.

In Summary – Are Forex Prop Firms Legal?

In conclusion, forex prop firms are legal both to own and to trade with, although largely unregulated in the online space currently.We expect to see regulation coming and strengthening in the upcoming years. If you want to stay ahead of this as a trader, ensure you’re trading with a real money prop firm.

Are you looking to become a funded trader? Work with Lux Trading Firm today!

Are Prop Firms Legal ? (2024)

FAQs

Are Prop Firms Legal ? ›

The need for registration varies by jurisdiction. For instance, in the USA, prop trading

prop trading
Proprietary trading (also known as prop trading) occurs when a trader trades stocks, bonds, currencies, commodities, their derivatives, or other financial instruments with the firm's own money (instead of using depositors' money) to make a profit for itself.
https://en.wikipedia.org › wiki › Proprietary_trading
firms dealing in securities must register with FINRA and comply with its rules, though some firms exploit legal loopholes to avoid regulation. In the UK, prop trading firms are not required to be regulated.

Do prop firms really pay out? ›

Statistics on Average Trader Payouts

Profit Split: The average prop firm will offer a 80-20 profit split once you become a funded trader. TFT, on the other hand, gives up to a 90% split, — even as high as 95% in some promotions — the highest in the industry.

What happens if you lose prop firm money? ›

Proprietary trading firms often provide evaluation accounts where you prove your trading skills. Usually, you pay a one-time fee to enter this “challenge.” If you lose money during this evaluation, you won't owe anything beyond the initial fee.

Are prop firms a pyramid? ›

Are prop firms a pyramid? It depends on the prop firm, but many retail prop firms operate a combination of a pyramid scheme and an internal copy trading platform. They seek profitable traders, and those skilled enough can earn significant revenues for the prop firm and themselves.

Why are prop firms shutting down? ›

The Prop Trading Problem: Virtual Trading

No trades placed by funded traders reach the real market, meaning traders never generate real profits. Firms could potentially manipulate the market to make traders fail their challenges. Payouts must be paid with the firm's money, which comes from challenge purchases alone.

Which is the most trusted prop firm? ›

The most popular prop trading firms and funded programs
  • Axi Select.
  • FTMO.
  • The Forex Funder.
  • E8 Markets.
  • The 5%ers.
  • Funded Next.
  • Funded Trading Plus.

Who is the richest prop firm trader? ›

Bruce Kovner has a net worth of over $5 billion. He is known for his successful prop trading career and the establishment of his hedge fund, Caxton Alternative Management.

How many people fail prop firms? ›

Studies have shown that around 4 out of 10 people pass the first stages of any Prop Firm Challenge, and 2 out of the 4 make it through to get a Funded Account. But only 1 person ends up getting paid.

Are prop firms too good to be true? ›

As always, if it looks too good to be true, it probably is. Instead, look for reasonable trading conditions such as 12% max drawdown and 8% profit target.

Can you make a living trading for a prop firm? ›

As a result, anyone can be profitable as a prop trader because profitability is linked to their experience and skills, strategy, and ability to generate gains by trading in the market with the firm's capital.

Are prop firms good for beginners? ›

Joining a prop firm can be beneficial for beginners in trading as it offers a supportive environment and access to resources and capital. However, it also comes with challenges such as rigorous training, performance expectations, and potential financial risks.

Do prop firms actually copy your trade? ›

It takes no additional effort to replicate your trades to multiple prop firm funded accounts. In fact, most traders that do this use a trade copier system to replicate their trades automatically. This allows you to increase your profits with the exact same amount of work.

What are the disadvantages of prop firms? ›

👎 Cons of Prop Trading
  • Less Regulation: Many prop trading firms, especially those offering remote trading, are not heavily regulated. ...
  • Risk of Losing Money: Deposits are not insured, and traders are exposed to fraud and business risks.
Jun 3, 2024

How much do prop firms charge? ›

How much does it cost to join prop trading firms? This is one of the most common questions beginner prop traders usually ask. Many prop trading firms typically charge a monthly subscription fee of $150 to $25000. It is essential always to compare the fees and the benefits the company offers before joining one.

Is prop firm trading legit? ›

Prop businesses nowadays are utterly unregulated and far apart from the banking industry. As a result, these internet prop companies are legitimate and not a fraud. Scammers do exist in the sector, though, and they attempt to exploit the current market because there isn't much oversight.

Do prop traders need a license? ›

Prop trading firms are less heavily regulated than regular brokerages and broker-dealers. However, if such laws apply, you must still properly register your business and get licensed. For example, in the US, CFD trading is prohibited, and you can only offer prop trading of exchange-traded securities.

Why was prop trading banned? ›

Attached to the Dodd-Frank Act, the rule was intended to limit banks' ability to make speculative investments that do not benefit their customers.

Can I start a prop trading firm? ›

Launching a prop firm is a perfect opportunity for individuals or companies that are available to invest from $50,000 to $100,000. The starting capital will help you cover white label prop trading technology, marketing efforts and a customer support team.

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