Dear Client:
The Forex industry could be in for a major structural change — soon.
This change has the potential to benefit Forex Capital Markets, LLC
(“FXCM”); however, we believe many forex brokers may not survive.
Our industry’s regulating agency, the National Futures Association (“NFA”),
has proposed new financial requirements for every Forex Dealer Member (“FDM”).
Spelled out in their “Request for Comments on Forex Proposals,” dated June 19,
2007, the NFA’s proposed requirements call for the following:
- All FDMs must maintain at all
times a net worth of $5 million;
- Larger FDMs, particularly
those that have a dealing desk, could potentially face net excess capital
requirements significantly higher than the minimum under the proposed new
rules;
- Where appropriate, the NFA
may require an FDM’s annual financial statement to be certified by an
independent public accountant.
FXCM’s current financial situation well exceeds NFA’s proposed requirements.
As of June 30, 2007, FXCM has over $44 million in adjusted net capital, and
for the last six years we have had our financial statements audited by an
independent, certified public accounting firm.
We believe the NFA is proposing these requirements because of the troubling
number of insolvencies and near-insolvencies that have recently plagued the
forex industry. According to the NFA:
- In 2003, a Forex Dealer
Member misappropriated almost $2 million in customer funds, driving the
company into bankruptcy. (The CFTC is currently attempting to salvage some
of the customers' funds.)
- Since March of this year,
eight different FDMs have fallen under the “early warning” requirement of
$1.5 million.
- More recently, NFA took a
Member Responsibility Action ("MRA") against an FDM whose
liabilities exceeded its assets by over $1 million.
Industry-wide, there is now concern that some Forex Dealer Members may be
unable to meet their financial obligations to customers in the event the
increased capital requirements take effect. A review of the current net capital
positions of the 43 Forex Dealer Members available on the following CFTC web
page clearly demonstrates that this concern is justified.
View CFTC Web Page
As you can see from the financial data compiled by the CFTC, FXCM reports an
adjusted net capital of over $44 million—far greater than the proposed
financial requirement. Based on the most current available CFTC financial data,
at least 22 FDMs would not be able to meet the new $5 million minimum net
capital requirement. These firms are currently reporting net capital levels
below $5 million. If the new capital level is imposed, these firms will either
have to obtain more capital or close down. Because larger brokers may also face
higher capital requirements, FXCM believes that several of these larger firms
may also be unable to meet the new requirements, even though they presently
have in excess of $5 million in adjusted net capital.
In the event that some of these firms close down—or worse, are shut down by
the NFA—we are concerned that customer funds, or at least their timely and
orderly repayment, could be jeopardized.
We realize that many forex traders have accounts with multiple forex
brokers. That is why we advise you to make sure all your trading accounts are
held at firms that are adequately capitalized.
If you have an account with a possibly endangered firm, we believe,
depending on when the NFA proposal takes effect, that the time may be fast
approaching to consider moving those funds while the opportunity still exists.
Our industry is changing, and the new proposed regulations are intended to
put every FDM, and the industry itself, on a more secure financial footing. We
welcome the NFA’s proposed changes because the effect will ultimately lead to
clients trading through regulated brokers that are better capitalized or have
access to greater financial resources.
Please contact us if you have any questions regarding these changes.
We look forward to serving you.
Best regards,
Sales & Client Services
Forex Capital Markets, LLC
Financial Square
32 Old Slip, 10th Floor
New York , NY 10005
1-888-50-FOREX (36739)
info@fxcm.com
www.fxcm.com