CFD trading: Why the US won't allow it and alternatives | finder.com (2024)

If you’re a global investor or international trader, you may have heard of contracts for difference (CFD) trading. CFDs exist across most of the world and are especially popular in Europe and Australia — but they’re not allowed in a few places, most notably the United States and Hong Kong.

What is a CFD?

A contract for difference is an agreement based on an underlying asset or financial instrument, such as a stock, commodity or currency pair. The buyer of the contract believes the underlying asset will increase in value from the time the contract is initially opened to when it is closed, while the seller of the contract believes the underlying asset will decrease in value.
At no point do the contract buyers own or have an obligation to own the underlying asset itself, nor are they trading the underlying asset. Because they’re only trading a contract, CFD traders can profit regardless of whether prices are going up or down. For that reason, CFD trading often becomes more popular during times of market volatility, as traders seek to profit by “shorting” the market when it falls.
While CFDs can be profitable, they’re also highly risky, complex products that are suited to more experienced traders.

Why are CFDs illegal in the US?

There are CFDs on US stocks and US stock market indices, but US residents generally cannot open CFD trading accounts due to government regulations. CFDs are considered unregulated over-the-counter products because they can be traded by any two willing parties on any marketplace that allows them. They’re not listed on any regulated exchange, and the SEC and CFTC haven’t allowed them to be listed on any regulated exchange due to their high risks.

What are the risks?

CFDs are extremely risky products for the following reasons:

  • Leveraged: Traders are only required to contribute a small portion of the money involved in each trade and can borrow the rest from the trading platform — sometimes as much as 30 times the amount invested. Borrowing money to invest is always a risky move.
  • Unlimited: You can lose more money than you initially invest. Unlike most other investments, you can lose much more money than you started with, meaning you actually owe the CFD provider money.
  • No collateral: You don’t own the underlying asset. All you own is the contract between you and the CFD provider. Therefore, you can’t benefit from the capital growth of the underlying asset over the long term.
  • Volatile: Just like their underlying assets, CFDs are affected by market conditions and can swing wildly back and forth without notice in volatile markets.
  • Illiquid: Depending on the trading volume of the CFD, there may not be a buyer or seller available when you want to close out your position.

Can I trade CFDs in overseas markets?

US regulators prohibit US residents from trading CFDs both within the country and outside the country, so most foreign CFD providers will not allow US residents to even open an account. Dual citizens may be able to open a CFD account if they’re not living in the US. And if a foreign provider did allow a US resident to open a CFD account, it would likely not be regulated in its home country, adding further risks to trading activity.

Alternatives to CFDs

There’s no legal investment that operates just like CFDs in the US, but there are some that have elements in common:

Leveraged ETFs

Some ETFs utilize riskier derivatives in order to multiply gains or losses in select stock indices and commodities. You can buy or sell these in a normal brokerage account without risking any more than you invest and without owning or being obligated to own the underlying asset. Leveraged ETFs are designed for short-term trades, not buy-and-hold investing. They’re regulated by the SEC just like stocks and bonds.

Options

These are also leveraged to multiply the moves of an underlying stock, stock market index or commodity, and there’s no collateral needed if you’re a buyer of a call or put option and you don’t exercise it. Plus, you can’t lose more money than you invest and options are accessible in most mainstream stock trading platforms. Like stocks and commodities, options are regulated by the SEC, FINRA and/or CFTC.

Binary options

A lesser-known cousin to regular options, binary options — like CFDs — are a derivative investment that never owns or has an obligation to own the underlying asset. They’re a yes-or-no contract based on the price movement of the underlying asset within a limited timeframe, and they typically operate on a scale of $0 to $100.
For example, say you buy a binary option on gold for the current week at the strike price of $1,700. If the current price is just below $1,700, you might be able to buy the binary option for $50, and if gold ends the week above $1,700, you receive $100 back; if gold ends the week below $1,700, you get nothing.
You can also sell to close the binary option at the market price. Nadex is the only US-regulated exchange that allows binary options trading, so you’d have to open an account there. It’s focused on currencies, commodities and a few global stock indices.

Futures contracts

Futures also involve lots of leverage, and you can lose more money than you invest. But the big difference compared to CFDs is that futures involve the underlying asset — you’re obligated to buy or sell the asset in question on the delivery date. Futures are regulated by the CFTC and traded in specialized brokerage accounts. Not all mainstream trading platforms support futures trading.

Forex

Like CFDs and futures, the foreign exchange market involves substantial leverage, and you can lose more money than you invest. Forex trading can involve the underlying currencies — as in forex forwards and futures — but there are also spot forex derivatives that don’t involve any collateral. It’s an over-the-counter investment, but it’s supervised by the NFA and CFTC.

Compare stock trading platforms

While CFDs are illegal in the US, you can still trade other investments, like stocks, ETFs, options and futures. Compare platforms to find one that offers the investments you’re interested in.

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Bottom line

Despite their flexibility and popularity in other parts of the world, CFDs are deemed too risky to be regulated in the US — so Americans are prohibited from trading them. But there are still ways to maximize price movements and manage risk using other investment strategies. Get an overview of your investment options first, then dig into the details of the investment options that best fit you.

Frequently asked questions

  • When you trade CFDs, you never own the actual underlying asset. Instead, you bet on its price movements. In short, what you actually purchase is a contract.
    When you invest in stocks, however, you buy and sell the shares themselves.

  • When you buy stock in a company, you are usually entitled to dividends. And although trading CFDs means you never actually purchase the stock, you can still take advantage of some of the benefits of ownership.
    When you buy a CFD, your trading account will be credited with a certain amount of money that reflects the dividend amount an ordinary shareholder would receive. When you sell a CFD, your account will be debited a similar amount which will be paid to the counterparty.

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CFD trading: Why the US won't allow it and alternatives | finder.com (2024)

FAQs

CFD trading: Why the US won't allow it and alternatives | finder.com? ›

There are CFDs on US stocks and US stock market indices, but US residents generally cannot open CFD trading accounts due to government regulations. CFDs are considered unregulated over-the-counter products because they can be traded by any two willing parties on any marketplace that allows them.

Why are CFDs banned in America? ›

CFDs are illegal in the US because they are an over-the-counter (OTC) trading product. OTC trading products aren't listed on regulated exchanges like the New York Stock Exchange (NYSE), bypassing US regulatory bodies. However, US traders have alternatives such as forex, options and stocks.

Will CFDs be banned? ›

In the UK, crypto CFD trading has been banned by the Financial Conduct Authority (FCA) as of January 2021. For the trading of other CFDs, the FCA has strict regulations. According to a Press Release by the FCA, in 2020 and 2021, the FCA prohibited 24 firms from marketing CFDs in the UK.

What countries is CFD banned in? ›

Is CFD trading legal? CFD trading is legal in many countries, including Australia, France, Germany, Italy, Spain and the UK. However, CFD trading is banned in some countries, including Belgium, Hong Kong and the US.

What are the issues with CFD trading? ›

CFDs are attractive to day traders who can use leverage to trade assets that are more costly to buy and sell. CFDs can be quite risky due to low industry regulation, potential lack of liquidity, and the need to maintain an adequate margin due to leveraged losses.

What is the penalty for trading CFDs in the US? ›

The CFTC can fine individuals up to $200,000 per violation for trading CFDs with an offshore broker. You may be denied access to US financial markets. The CFTC can also deny individuals access to US financial markets, including exchanges and clearinghouses, for trading CFDs with an offshore broker.

Is CFD trading just gambling? ›

You should never trade with money that you can't afford to lose, but there are ways to mitigate the risk. This is where CFDs are very different from gambling. The latter is purely based on luck, while CFDs require a degree of skill, knowledge and experience to help achieve the best results.

Can US citizens trade CFDs? ›

CFD Trading in the US: FAQs

If you are an American citizen, trading any sort of CFD, even if it is a Bitcoin or Cryptocurrency CFD, is banned. This means no regulated company will let you open an account as a trader, but you are still able to trade CFDs with non-regulated companies.

Why is CFD trading so hard? ›

This requires constant vigilance of the market and price movements. As well as the use of effective risk management to safeguard funds. Some of the most popular risk management tools used in CFD trading are stop-loss and take-profit orders.

Why do so many people lose money with CFDs? ›

CFD Traders Reducing risk exposure

One of the main reasons many traders fail is the lack of risk management strategies. By failing to adopt certain risk management techniques and simply opening trades without protecting their trades with take-profit and stop-loss orders, they risk losing all their trading funds.

What is the most traded CFD? ›

Discover our most traded stocks on spread betting and CFDs
RankStockPercentage of all trades
1Tesla Motors Inc (All Sessions)22.8%
2NVIDIA Corp (All Sessions)13.5%
3Meta Platforms Inc (All Sessions)6.4%
4Coinbase Global Inc (All Sessions)2.5%
6 more rows

Is forex considered CFD? ›

No. They are quite different things. Forex is short for foreign exchange, an asset class based on the relative values of fiat currencies. Meanwhile CFDs are derivative instruments that trade based on how much and in what direction an asset's price moves over a set time period.

Are CFD illegal in Canada? ›

CFD trading is legal in Canada but it is heavily regulated by the Investment Industry Regulatory Organisation of Canada (IIROC). IIROC applies restrictions on using leverage. The limits are meant to reduce the risk to traders but they also mean that you may not be able to borrow as much as you could in other countries.

Is CFD the future? ›

Computational Fluid Dynamics appears to be poised on the threshold of rapid advances powered by the recent developments in deep machine learning. Deep machine learning will be used to improve the speed, accuracy and, the user-friendliness of CFD software.

Is CFD better than stock? ›

In CFD trading, leverage allows traders to open larger positions with a smaller initial deposit. This means potentially larger profits, but also larger losses if the market moves against you. In contrast, stock trading typically does not involve leverage. When you buy a stock, you pay the full price upfront.

Can you lose more money than you invest in CFD? ›

How can one lose more money then initially invested in forex and CFD market? This can be done by placing a trade larger than recommend, but within the amount allowed.

Why can't US residents trade forex? ›

The reason for this is quite simple - capital requirements. While a broker has to have around $100,000 - $500,000 of locked capital to obtain one of the European licenses, NFA requires quite an enormous amount of capital to be able to operate in the US - 20 million dollars.

Is Forex Trading banned in USA? ›

Are Forex Brokers and Forex trading legal in the U.S.? Yes, forex brokers are legal in the U.S., but they must be registered with and regulated by the Commodity Futures Trading Commission (CFTC) and be members of the National Futures Association (NFA).

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