Aarhus School of Business – Aarhus University
Trading in the Bucket Shop
By Carlos F. Rocha P.
Carlos Supervisors Prof. Paul K. Andersen
Prof. Carsten Tanggaard01-02-2012
IndexIntroduction.........................................................................................................................................3
PART I................................................................................................................................................6
THE MARKETS, STRUCTURE AND PARTICIPANTS.................................................................6
The Markets, Structure and Participants.........................................................................................7
Forex............................................................................................................................................7
CFD’s..........................................................................................................................................9
Markets Structures.........................................................................................................................12
Forex..........................................................................................................................................12
CFD’s........................................................................................................................................13
Participants....................................................................................................................................14
Clearing House..........................................................................................................................14
Prime Broker.............................................................................................................................14
Introducing Brokers and Money Managers...............................................................................15
Money Manager Profiling.........................................................................................................18
PART II.............................................................................................................................................20
MECHANICS OF THE TRADE......................................................................................................20
Mechanics of the Trade.................................................................................................................21
Important concepts....................................................................................................................21
Before Trade Execution.............................................................................................................27
Open Position............................................................................................................................28
Trade Liquidation......................................................................................................................34
PART III............................................................................................................................................36
OPERATIONAL MODELS..............................................................................................................36
Operational Models.......................................................................................................................37
Key steps in clearance and settlement.......................................................................................37
Broker Model............................................................................................................................38
Market-Maker Model................................................................................................................39
Central Counterparty Model......................................................................................................41
How do brokers, market makers and bucket shops make money?................................................43
Why is this model so followed and profitable?.............................................................................45
Comparing the Models..................................................................................................................47
1
Routed Execution to an ECN or a Liquidity Provider – Broker Model....................................47
Market Making Model...............................................................................................................48
Central Counterparty Model......................................................................................................49
PART IV............................................................................................................................................52
REGULATION IN DENMARK.......................................................................................................52
Institutions in Denmark.................................................................................................................53
Financial Business Act..................................................................................................................54
Securities Trading Act...................................................................................................................55
Book-entry and registry.................................................................................................................59
Executive Orders...........................................................................................................................60
Executive Order on Risk-Labeling of Investment Products......................................................60
Executive Order on Investor Protection in connection with Securities Trading.......................60
PART V.............................................................................................................................................62
OPPORTUNITY AREAS.................................................................................................................62
PART VI............................................................................................................................................69
CONCLUSIONS...............................................................................................................................69
2
IntroductionDuring recent years, the Retail Foreign Exchange (Forex) and Contracts For Difference
(CFD’s) markets have become a center of attention to many traders worldwide who seek a
“fast and easy” way of profiting with spread betting and some financial instruments’
speculation by electronic trading, through financial intermediaries that give access to these
markets. Unfortunately, most of such traders find it hard to obtain lucrative results due to
ignorance whether they are investing or speculating through legitimate intermediaries or
through Bucket Shops.
This market access given to the final user, either natural or legal person, is mainly obtain
throughout an intermediary, which can be catalogued as broker – a firm that communicates
the bid and ask prices to potential principals, investors or traders, and arranges transactions
as agent for a fee without acting as counterparty in the transactions1 -, as dealer – a firm
that enters into transactions as a counterparty on both sides of the markets in one or more
products2 – and as market-maker – a firm that can act as a broker, a dealer3 or match trades
throughout its clientele.
Bucket Shops have been around for more than a century, initially in the United States as
businesses that would offer stock investment possibilities to the public without the real
execution of trades in the stock exchange but merely “thrown into a bucket”, or kept in
house, acting as the counterpart at all times without informing the customer and
transforming the purchase into a bet on the price movements of stocks. The basic principle
to make money was easy and simple, by customers losing their money. In the beginning of
the twentieth century, the telecommunications infrastructure was ideal for this kind of
business since the stock market, represented by the New York Stock Exchange, kept
quotation tickers to its members and agents in order to maintain the appropriate flow of
information to the real participants, however bucket shops always found a way to get
1 Report on OTC derivatives: Settlement procedures and counterparty risk management – Bank for International Settlements2 Report on OTC derivatives: Settlement procedures and counterparty risk management – Bank for International Settlements3 This definition is used under Broker-dealer in Securities Lending Transactions: market development and implications – Bank for International Settlements
3
quotes in real time or at least pretend those prices shown at their location were real;
without information access as we have today, the general public was not able to obtain
their own quotes but had to rely on the prices provided by the agent, in this case the bucket
shop. The act of bucketing an order meant that the bucket shop operator would take the
customer’s order but never execute it but “play the bank” as in a casino expecting the
customer to lose his money4. By doing business this way, it is evident a conflict of interest
that would result in the publication of a fake stock price in order to profit from investors.
Nowadays, many financial intermediaries use the same business model to reach new and
inexperienced investors by giving virtual access to international financial markets and
encourage them to trade as much as possible.
In 1906 the concept of Bucket Shop was defined by the US Supreme Court as: "[a]n
establishment, nominally for the transaction of a stock exchange business, or business of
similar character, but really for the registration of bets, or wagers, usually for small
amounts, on the rise or fall of the prices of stocks, grain, oil, etc., there being no transfer or
delivery – final transfer of a security or financial instrument5 - of the stock or commodities
nominally dealt in."6 Although this definition involves some banking products like credit
default swaps and other cash settled options, this paper will focus on the markets
mentioned above, Forex and CFD’s.
The Bucket Shop concept described above is focused on the stock exchange businesses
that are unable to provide the final user with a legal trading in an established exchange.
The FX market is a decentralized market where there is no real place of exchange as other
markets, although trading its instruments is legal. Due to the nature of this market, with
rules of no delivery makes brokers, dealers and market-makers to fall under the Bucket
Shop definition of the US Supreme Court, although the retail forex activity does not
contemplate this position. For purposes of this paper, I will refer to Bucket Shops to those
intermediaries, brokers, dealers and market-makers, which by means of manual or
technological resources, and even though legally constituted, plays the bank expecting the
customer to lose his money, by avoiding the proper clearance of traded orders, quoted and
4 "Bucket Shop Secrets," New York Times, July 9, 19225 Delivery versus Payment in Securities Settlement Systems – Bank for International Settlements6 Gatewood v. North Carolina, 27 S.Ct 167, 168 (1906)
4
executed price manipulation, cancelation of trades which resulted in profit to the customer
and usage of unfair trading incentives to its agents that will become a conflict to the
interest of the client.
This paper is divided into 6 parts where is expected to explain the different aspects and
processes involved in the retail foreign exchange and CFDs trading activities.
Part I is intended to explain the foreign exchange and CFDs markets, their basic structure
and there is an emphasis to the participants such as Introducing Brokers and Money
Managers, whom act as agents for intermediaries and are an important factor upon ethical
issues in these markets.
Part II explains the different mechanics involved in the trade, factors that traders face in
every order they make and could be the difference between a profitable and a losing trade.
Part III describes and explains the different models that intermediaries can follow when
orders are executed and where can be routed upon the intermediary’s core business.
Part IV highlights the most important regulatory institutions in Denmark and its laws
regarding the possible activities financial undertakings can do and the rules that apply to
the proper trading in the foreign exchange and CFDs markets.
Part V deals with a discussion of the current relevant legislation in Denmark and the
topics covered in Parts I – III.
Part VI is dedicated to the conclusions of this paper.
5
PART I
THE MARKETS, STRUCTURE AND PARTICIPANTS
6
The Markets, Structure and Participants
ForexThe forex market, is a global decentralized market where currencies trades are made, it is
the largest market in the world averaging a $4 trillion daily turnover7, has the best liquidity
and a two-way trading exchanging one currency for another. There is no brokerage
commission and intermediaries’ payments are by the bid and ask spread offered to the
traders. Participants can range from central banks in charge of government currency
policies, industrial and commercial companies whom use of the market is primary to actual
currency exchange, financial institutions that provide alternative instruments based on
currencies to trade and institutional investors, investment managers and individuals whom
seek a profit throughout direct speculation of price movements and spread betting. The
number of direct and indirect participants can reach the hundreds of millions every day.8
The retail forex market is based on the speculation on the price movement of currencies by
using high leverage and a non-delivery policy. What makes this market attractive is the
possibility to trade with “borrowed money” in order to be able to get in with a larger
position and enjoy the benefits of a large profit with a small capital. This tool can also
represent a potential danger to the trader’s account; the same way it can bring large profits,
it can also damage the account with large losses.
Price changes are usually in response to economic policies and news given by
governments; central banks are in charge of a country’s currency policies, economic
indicators and political news can make an impact to the offer and demand of a currency.
The forex market offers a variety of instruments where participants can trade freely
according to the market’s rules and characteristics. Among those instruments we can find:
7 The $4 trillion question: what explains FX growth since the 2007 survey? – Bank for International Settlements8 Currency Overlay
7
The spot market
Currencies for immediate delivery are traded in this market; exchange can be physical or
electronic – electronic trade can be divided into two main categories: manual, where
instructions are executed by humans on an electronic trading platform, and automated,
where instructions are executed by computer algorithms, with little or no human
intervention (still subject to human monitoring)9, the actual exchange of the currencies is
handled through the banking system and generally occurs two days after the trade is
agreed10. In 2010, the Bank for International Settlements released a report on global foreign
exchange activity where spot transactions represented a 30.2% of foreign exchange market
turnover11.
The futures market
This market allows participants to trade currencies at a certain agreed price and future
date12. This kind of trade has certain restrictions, if compared to the spot market, since it is
necessary to wait until the expiring date to realize the trade, there are options for a
secondary market trade when one of the parties doesn’t want to wait until the agreed date
and trade the contracts with an alternative party. This market can be used by companies
with obligations in other currencies and try to lock those obligations at a certain price and
date to avoid potential losses due to price movement. It is also possible to use this market
for speculation and spread betting. When trading in the Over-The-Counter (OTC) market,
this instrument is denominated forward since these contracts are not traded in an exchange
but directly between a dealer and its customer13. In 2010, outright forwards and FX swaps
represented a 62.5% of foreign exchange market turnover14.
9 High frequency trading in the foreign exchange market – Bank for International Settlements10 Guide to Financial Markets – Fourth Edition – The Economist11 Report on Global Foreign Exchange Market Activity in 2010 – Bank for International Settlements12 Guide to Financial Markets – Fourth Edition – The Economist13 Guide to Financial Markets – Fourth Edition – The Economist14 Report on Global Foreign Exchange Market Activity in 2010 – Bank for International Settlements
8
The options market
Currency options give the holder the right, but not the obligation, to acquire or sell a
currency at a specific price during a certain period of time15. This means that the trader has
the option to capitalize the trade when obtaining a profit but losses can be limited to the
commission he pays when executing the trade. In 2010, options and other instruments
represented a 6.4% of foreign exchange market turnover16.
CFD’sThe CFD is financial contract in which the difference between the agreed fixed price of an
asset and its prevailing market price is periodically credited to the counterparty in the
money. Since there is no transfer of principal, a CFD covers hedging or speculative
needs17. CFD’s are based on the speculation of the price movement of stocks by using a
moderate leverage and a non-delivery policy, and don’t have any fixed time period or
expiry date18. When trading a stock exchange in normal conditions, the buyer of a share
obtains the right to hold the title of that share of a company, injecting his capital into the
company’s and become part of the shareholders of that particular company allowing him to
obtain dividends and other rights that come attached from the tenancy of such share. When
trading in the CFD’s, the trade will not reach the exchange and therefore no tenancy of the
titles is ever made, the investment becomes a virtual bet on the price movement of the
share “purchased” although the money will not reach the company intended to invest in,
the investor can still speculate from the movement of the price of that particular stock,
without giving the benefit of the trade to the stock price. When trading small or large
volumes of capital on CFD’s, the stock price in the exchange will never show the volume
traded within CFD’s providers.
15 Guide to Financial Markets – Fourth Edition – The Economist16 Report on Global Foreign Exchange Market Activity in 2010 – Bank for International Settlements17 Securities Lending Transactions: Market Development and Implications – Bank for International Settlements18 Doctors should consider CFD’s
9
Traders have also been attracted by the leverage of CFD trading, an element which present
a potential to make large profits in a short space of time. The flip side of the coin is that
CFD trading losses are magnified in the same way and so can exceed a trader’s initial
investment19. According to analysis carried out by financial research organization
Investment Trends, CFD trading numbers grew from 18,000 to 25,000 in 2010 – a rise of
38%20.
CFD trading allows traders to speculate on markets without owning the underlying
shares.21 This meant CFD traders were able to sidestep the time consuming and expensive
exercise of borrowing stock to trade on a declining market22.
When trading in a stock exchange, titles are switched between participants, one of the risks
involved in the trading is the counterpart risk, whereas when prices are changing rapidly,
the possibility to exchange titles may be low, on both bull and bear movements.
If a stock’s price is increasing, the possibility to find a participant who is willing to sell
those share lowers, making investors to either offer a higher price for those shares or wait
until it is possible to acquire such titles. If a stock’s price is decreasing, the holder of the
titles might look to get rid of the titles and avoid losing money on that price decline,
possibly will have to accept a price offer under the current stock price. When trading
CFD’s, that risk disappears since there is no exchange of titles and only a virtual trade is
made allowing an investor to place his trade on whatever price is shown, independently if
it is a bullish or bearish market.
When comparing the markets movement between a stock exchange and the foreign
exchange we can see that the prices tend to move more at an exchange in terms of
percentage than in currencies – stock market movements can result of changes in price of
10 – 15% or more in a day, while currencies have a smaller daily change -, resulting in a
lower leverage provided by brokers to CFD’s investors. The leverage given is usually up to
10:1, allowing the investor to obtain a purchase power 10 times his capital.
19 City Index; 38% raise in CFD trading20 City Index; 38% raise in CFD trading21 Brief history of CFD trading22 Brief history of CFD trading
10
The virtual trading of stocks in the CFD’s market does not require standard lots to place in
the market but amount of contracts with the stock value of 1 contract equals 1 stock,
although brokers may set policies of standard amounts of stocks you can purchase and
leaving odd numbers of stock traded out of possibility. A broker may ask the investor to
place orders on volumes of 10, 100 or 1000 stocks.
CFD’s give the advantage to trade products where some investors could not reach due to
capital, nationality, etc; it also allows and avoids practices that could be considered illegal
such as inside trading and front running.
Insider trading is possible due to the fact that since the trade made in this market is virtual,
investors with advantageous information are able to avoid detection of placing trades since
the trade is never executed in the exchange and registration of the information of that one
who made the trade is never provided.
Front running involves a broker using information of his customers when large orders are
to be executed or by pending orders that will result in a price movement due to that trade,
allowing the broker to place orders in that particular stock knowing that when executing
the customer’s trade will bring an immediate benefit to the broker. Since the trades made in
CFD’s market will not bring any change in the current stock price, front running would
result into no benefit to the broker.
One of the biggest criticisms towards the CFD’s market is that the money invested in these
instruments will not bring any benefit to the stock issuer, and such investment will not
allow the issuer to use that money upon the company’s activities.
11
Markets Structures
ForexAs mentioned earlier, the foreign exchange market has a decentralized nature, where no
official exchange place is found and trades are conducted throughout a global Interbank
Network where central banks and large financial corporations connect each other to
exchange currencies by offering different buy and sell prices, these prices can be streamed
to other financial institutions and give access to more participants in the exchange process,
or use the prices as reference for their own retail forex services.
The Currency Overlay presents us the next diagram of the basic structure of the market23:
Figure 1
23 Currency Overlay
12
The diagram above represents the basic structure of the forex market; there could also be
more participants in between some of the ones mentioned there.
Financial institutions and traders can use arbitrage in order to obtain a profit from the
different prices the same currencies are traded in two or more intermediaries24.
CFD’s The CFD’s market’s structure is less complex than Forex’s, since prices come from a real
exchange source; intermediaries stream prices from a stock exchange and present such to
investors in order to speculate with the price movements. There is no need for an
intermediary to obtain a trading access to the exchange but only to “mirror” the stock
prices in that exchange; thus, the structure can be as simple as Market-maker – trader.
Although, this example is the simplest one, more participants can also be part of the
trading chain.
Figure 2
24 Securities Lending Transactions: market development and implications – Bank for International Settlements
13
Participants
There has been previously mentioned some of the main participants within the retail forex
exchange structure, such as banks, brokers, dealers, market makers and investors, but there
are other important figures to consider when trying to understand the trading process of
this market.
Between intermediaries who give direct market access to investors and the interbank
structure, there are two key figures that can be found to be part of the trading process.
These are Clearing Houses and Prime Brokers.
Clearing HouseA central location or central processing mechanism through which financial institutions
agree to exchange payment instructions or other financial obligations. The institutions
settle for items exchanged at a designated time based on the rules and procedures of the
clearing house. In some cases, the clearing house may assume significant counterparty,
financial or risk management responsibilities for the clearing system25. When
intermediaries such as brokers, dealers and market-makers receive trading orders from
their customers, they can extern such order to a third party; in this case, a clearing house
can become the counterparty to the trader instead of the intermediary, in this case, the
intermediary only acts as a broker.
Prime BrokerPrime brokerage refers to financial, administrative and operational services offered by
large banks to hedge funds, asset managers, smaller banks and other clients providing
services that may include clearing, margin lending, financing and execution, among
others.26
25 Implications for central banks of the development of electronic money – Bank for International Settlements26 A user’s guide to the triennial central bank survey of foreign exchange market activity – Bank for International Settlements
14
In foreign exchange markets, prime brokers facilitate trades for their clients by either
transacting directly with them at attractive prices or providing them with access to
electronic platforms that are only available to dealers, such as EBS and Thomson Reuters
Matching. In effect, prime brokerage allows clients to trade with other dealers using the
prime broker’s pre-screened credit and in the name of the prime broker. The client trade is
“given up” to the prime broker, who is interposed between the dealer and the client and
becomes the counterparty to both legs of the foreign exchange trade as principal.27
The main difference between a Clearing House and a Prime Broker is that the main activity
of the Clearing House is to become the counterparty to the trades executed by the broker’s
client. On the other hand, the Prime Broker is the “broker’s broker” which has the option
to become counterparty to the ordered trade or to find other dealers where to accommodate
such trade.
Another way for brokers, dealers and market-makers to make money is by the associated
work of Introducing Brokers and Money Managers. These figures are a link between the
final customer and the intermediary.
Introducing Brokers and Money ManagersIntroducing brokers are independent agents that invite potential customers to trade under
the broker’s platform without being involved in the operations made by the investor, but
acting merely as a sales agent for the broker without being part of the firm. Introducing
brokers usually receive a fee for every trade the investor has made, although this fee is set
by the broker, and not between the investor and the introducing broker, the cost of it is
already included in the spread given in the platform to the investor. This fee is called
“rebate”.
Since the introducing broker is not involved in the trading, his only commission is by the
rebate for every trade the investor makes and he can try to incentive the investor to make
27 A user’s guide to the triennial central bank survey of foreign exchange market activity – Bank for International Settlements
15
more trades by offering services like market analysis, trading strategies, trading signals,
trading chats and courses on technical and fundamental analysis so the investor can trade
more and the IB can obtain his commissions. Brokers may use different schemes to reward
the introducing broker, such as increasing the rebate based on the amount of trades
investors make during a period of time – usually a month - or by the amount of capital
invested by either each client or the whole portfolio.
Money Managers trade on behalf of the firm’s customers under the purpose to find them
profitable positions when analyzing the market through technical and fundamental tools.
Money Managers receive fees for their services, both from the firm and customers, which
could turn into a conflict of interests.
First of all, the Money Managers are associated with the firm when a customer submits a
Power of Attorney form allowing the Money Manager to have access to the customer’s
account to trade on his behalf, this access could be through direct usage of the customer’s
trading platform or a special account for the Money Manager where all his customers can
be traded individually or as a pool through an account called a “Master Account” where he
can execute orders on behalf of all his customers at the same time, or same click.
Money Managers when being granted a Master Account, usually receive a rebate per trade
from the firm, motivating him to get compensation when trading, regardless to the final
result of the trade made.
There are other ways a Money Manager gets remunerated when trading:
16
Fixed Monthly FeeA Money Manager can set – under an agreement with his client - a Fixed Monthly Fee to
trade a customer’s account regardless the profit and loss results of the trades made during a
period of time, this alternative could be considered to allow the Money Manager focus on
his real activity without thinking about extra commissions per trade. Although, this
practice would seem fair, it might be discouraging to Money Managers if the fee might
seem high or low in proportion to the managed account, for example charging $200 USD
as management fee when the account is $5,000 USD or less, leaves the Money Manager
under pressure to achieve a minimum profit of $200 or 4% during a month in order to
cover his fees without giving any profit to the customer; or on the other hand charging the
same amount of $200 for a $100,000 USD account, if achieving a 4% of return within a
month, his fee might be quite small compared to what he is giving his customer, this fee is
negotiated between the Money Manager and the customer through a document submitted
to the broker in order to execute the proper measures. Rebate fees given by the broker
additional to the fixed monthly fee may apply here in order to motivate the Money
Manager to trade more.
Performance FeeA Money Manager can set a percentage fee from the profit performance he can make to his
customer during a period of time, usually under a monthly measure, this way the Money
Manager shows a win-win situation, if he is able to give a profit during a month he earns
the right to charge a commission for his services. Some brokers allow this practice under a
“water mark” policy which means that the Money Manager will have to profit over the
previous amount achieved in order to charge his fee again, avoiding the Money Manager to
profit without giving a benefit to the customer. This performance fee ranges between 5%
and 60% of the profit earned and it is negotiated between the Money Manager and the
customer through a document submitted to the broker in order to execute the proper
measures. Rebate fees given by the broker additional to the performance fee may apply
here in order to motivate the Money Manager to trade more.
17
Fixed Fee per Round LotThis fee is set as a mark-up upon the spread to every round lot trade made by the Money
Manager; a round lot trade is equal to a position that enters and exits through the platform
regardless if the broker handles it in house or routes out. The Money Manager charges
every trade made regardless to the outcome of the trade and the net balance of the account
at the end of the month. This Fixed Fee per Round Turn is negotiated between the Money
Manager and the customer through a form submitted to the broker in order to execute the
proper measures. The fee can vary from fractions of pip up to 20+ pips. Rebate fees given
by the broker additional to the performance fee may apply here in order to motivate the
Money Manager to trade more, although, some brokers keep the right to give this rebate if
the Money Manager is charging under this scheme since the Money Manager is already
getting remuneration by trades made. This practice could lead to an overtrading or
“churning” leaving a fair trading activity out.
Other alternatives could also apply under the broker’s discretion, it might be possible to
combine characteristics of the alternatives mentioned above in order to seek an honest and
fair practice from a MM towards his customer such as a fixed fee per round lot only to
those trade being profitable, although this might push the MM to keep trading as much as
he wants in order to obtain profitable trades that will earn him commissions, or earn the
right to charge those fixed fees per round lot under the condition of achieving a profit for
the customer that is equal or higher than the total commission earned by the trader.
Money Manager ProfilingMoney Managers can be very lucrative to brokers, they are the ones that bring customers
and trade under an expertise façade leaving the broker without the responsibility of the
outcome of the customer’s account. In order to become a Money Manager with a broker a
kit of requirements are set, such as trading experience and potential portfolio to trade, to
mention some. Some brokers also require a trading history from a certain amount of time
in order to analyze and identify the Money Manager’s capabilities and evaluate the proper
configuration of execution towards trades made by that Money Manager. If the Money
18
Manager is considered to be profitable to the customer, the trades made by the Money
Manager will be sent to a third party in order to avoid potential losses to the broker and
leave the risk out the firm. If the Money Manager is considered to be incompetent, his
trades will be taken in house in order to capitalize from all those orders made. At the end
of the day, nobody likes to lose money on the trade and if the broker can manage the risk in
an efficient way, it can assure profits.
In my experience, Money Managers can do more damage than Bucket Shops.
19
PART II
MECHANICS OF THE TRADE
20
Mechanics of the Trade
When trading in the retail forex market, such activity can give the impression to be a task
as easy as to click the computer’s mouse, but there are many factors surrounding the trade
that most of the time traders can’t appreciate the mechanics involved in this activity. Such
mechanics and factors can be placed into 3 categories:
Before Trade Execution
Open Position
Trade Liquidation
It is important for the trader to understand some of the concepts related to the activity such
as currency pair, pip, buy and sell, stop loss, take profit, standard and mini lots, quotes
delivery and leverage.
Important concepts
Currency PairAs mentioned before, currencies are trade in this market; therefore, a currency is
exchanged for another. Currency trades are always expressed in pairs, with a top term
called “base currency” and a bottom term called “quote currency”. If dealing with
EUR/USD the base currency is the Euro and the quote currency is the US Dollar, which
expresses the amount of US Dollars worth for every Euro. When looking at a price chart, if
the price goes up, it is said that there is a “bullish movement”, the Euro is obtaining
“appreciation” and the US Dollar obtains a “depreciation”, that means that it is needed a
bigger amount of US Dollars to buy 1 Euro; if price goes down, it is said that there is a
“bearish movement”, the Euro is decreasing its value while the US Dollar is increasing it,
that means that it is needed a smaller amount of US Dollars to buy 1 Euro. 28
28 A beginners guide to forex
21
PipCurrencies are expressed in 4 decimal places, for example 1.000; Pip is an acronym for
Price Interest Point and it is the minimal price movement a currency can have, a 1 pip
movement will set the previous price of 1.000 to 1.00129, although, there are some
practices among brokers nowadays to provide with fractions of a pip in the quotes
displayed on their trading platforms.
Buy and SellThese are the type of trading orders given to the broker to enter a position in the market,
this are attached to the base currency; when entering a buy order, the base currency is
bought at a certain price, and in order to obtain a benefit, price has to go up, if price goes
down will result in a loss if trade is exited with a price under the entry price; when entering
a sell order, the base currency is sold at a certain price, and in order to obtain a benefit,
price has to go down, if price goes up will result in a loss if trade is exited with a price
above the entry price.
Stop LossThe Stop Loss is a very useful tool that allows the trader to pre-set an exit point at a certain
price in order to exit the market and avoid larger losses when the price has gone to the
opposite direction as the trading position the trader has. Brokers’ platforms usually have
this tool available and there is a minimum of pips of distance between the current chart
price and this pre-set level, this minimum can vary from broker to broker. Not only is used
to avoid a loss but also to ensure a profit if price is considerably ahead of the trade’s entry
point, the trader may set this level to exit the market when the current price touches the
level.
29 A beginners guide to forex
22
Take ProfitThis tool could be considered as opposite as the Stop Loss, where an exit level is pre-set
ahead of entry price in order to ensure a profit when touched by the current price. It can
also be used when trying to minimize the loss.
Standard and Mini LotsWhen trading through a broker, the investor will enter the position in standard contracts of
100,000 units denominated a Standard Lot. This gives the pip its value; a standard lot will
make a pip worth $10 USD; that means that when entering the market with a standard lot,
every time the price changes 1 pip, a gain or loss of $10 USD is obtained, although, to
capitalize it, trade must be exited.
The Standard Lot is the base of trading contracts but there are also alternatives created to
investors with lower amount of capital by letting the lot to be fractioned in 10 equal parts,
denominated Mini Lot, where the trader is entering into the market with contracts of
10,000 units instead of 100,000. Thus, the value of the pip is $1 USD.
Quotes deliveryNowadays, information about market prices are relatively easy to obtain, there are many
private services that will help getting quotes to know the market situation in any given
moment. Many websites give real time quotations on currency and stock prices, although
when being a free service, quotes on stock prices usually have a delay of 15 to 20 minutes
to the current price.
The set of prices are due to the supply and demand of a particular financial product at a
given time, when trading in stock exchanges, an official price is set since all the trading is
done inside that exchange place, making easy to obtain information upon the trades made
and the prices resulting to that activity. CFD’s can obtain a stream of price directly from a
stock exchange through private quotation services such as Bloomberg or Reuters, to name
some, and connect their platforms to the stream provided in order to give the investor real
time prices to execute trades.
23
For the currencies exchange, is a bit more complex since there is no physical place where
to trade all positions, making it a global market where purchases can be made anywhere in
the world at any given time. Prices are provided by an amount of players, usually large
banks, offering currencies at different prices and allowing the buyers and sellers
alternatives on volume and prices to trade. Since no official price is set in this market, a
broker can obtain quotations from several of those big banks and try to average the price
obtained and provide the retail investor with a generic price which will be the base of his
trade, or simple connect its platform to a streaming provider, like Currenex, which already
averages prices obtained in the prime market.
Prices between brokers may defer according to how many and which large banks provide
them with prices, therefore, differences between prices offered by brokers can be seen
when comparing platforms or trading with more than one broker at a time. Sometimes
brokers will provide different prices throughout its trading platforms, if a broker gives the
investor the possibility to use a Demo platform where virtual money is given to the
investor to trade and try the tools given by the broker to trade on a “real account”, that
platform may show a slightly different price than the one given through the trading on a
real account. This difference in price may be result of the usage of a dealing desk where
trades are evaluated and routed according to the broker’s policies.
In algorithmic trading, investors connect their computers directly with trading systems
known as electronic communication networks (ECN). Examples of ECNs in FX markets
are Electronic Broking systems (EBS and Thomson Reuters Matching), multi-bank trading
system (Currenex, FXall and Hotspot FX) and single-bank trading systems30 (trades
executed electronically via a single-bank proprietary platform).31 A computer algorithm
then monitors price quotes collected from different ECNs and places orders without human
intervention.32 These systems allow different market-makers to quote prices in competition
with one another.33
30 The $4 trillion question what explains FX growth since the 2007 survey – Bank for International Settlements31 A user’s guide to the Triennial Central Bank Survey of foreign exchange market activity – Bank for International Settlements32 Rise of the Machines33 Methods in foreign exchange markets – Bank for International Settlements
24
Some investors might see this difference in price provided by the same broker as unfair,
but when analyzing prices during a reasonable time, it can be used upon the investor’s
advantage. When analyzing the market through the prices given by different brokers and
the prices provided by their platforms, in some moment it is possible to determinate the
market sentiment, either bullish or bearish by the delay of the price on a real account
platform compared to the demo account platform, at a specific time helping to look up for
possible trading opportunities.
Example
When a bullish sentiment is set in the market, the price of the real account platform could
show a delay on price by 1 or 2 pips, when compared to the demo account price and an
opposite delay during a bearish sentiment. Although, this might be possible to identify,
during horizontal trends this advantage would disappear.
LeverageBrokers can offer leverage to the capital invested by the trader; this leverage could range
from 2:1 up to 700:1 according to the broker’s policies, giving the trader a higher purchase
power than the used with his original capital.
When trading under non-leverage conditions (1:1), the trader has the possibility to change
his money for another currency and capitalize profits or loses according to the price
change; if the trader is buying €1,000 at the price of 1.4123 USD that means that he will
have to pay $1,412.30 USD to obtain those Euros, if the price of the EUR/USD changes to
1.4223 the next day and switches back his position, he will get paid $1,423.30 USD for the
Euros he has sold, that way he has made a profit of $10 USD on this move. On the other
hand, if the price have had dropped from 1.4123 to 1.4023 instead, he would have had
experienced a loss of $10 USD. When trying to profit from speculation on the currencies
market, this profit obtained seems to be very small, unless using a large amount of capital.
That need upon large amount of capital is provided by the broker as leverage when trading
the retail forex market. According to trading policies settled by the broker, an investor may
trade large amounts of capital with a minimal usage of capital provided by the investor.
25
When trading through a broker, the investor will enter the position in standard contracts of
$100,000 USD, but the investor doesn’t need to have $100,000 USD in order to trade such
contract. If in the leverage policies from the broker are to provide a 100:1 leverage, the
investor only needs $1000 USD of his capital to be able to use that contract for trading but
the reflected outcome of the trade will be based upon trading $100,000 USD.
Returning to the exampled used above, where a trader enters the market to purchase a
contract of $100,000 on the EUR/USD on 1.4123, he will only need to use $1000 USD and
the rest will be provided by the broker on a “virtual credit”, under 100:1 policy, to allow
the trader to operate with a larger amount of money and that way seek a larger profit.
Although this might be a much higher potential profit, it could also turn into much higher
potential loses. Since the contract is 100 times larger than the used capital, the profit and
loss from the difference in prices obtained will also be 100 times larger.
Once entering a long position in the market with a price of 1.4123 and exiting at 1.4223 the
investor would obtain a $1000 USD profit, a number quite considerable if we compare it
with the trade made on a non-leveraged position. The same way, if the trade had given an
exit price of 1.4023 from a 1.4123 entrance price, it would become a $1000 USD loss for
the trader.
The larger the leverage provided by the broker, the lesser amount of capital is required
from the investor to put down upon the trade and lock the position.
Under normal circumstances, a broker would require a minimum margin in the traders
account in order to avoid larger loses than those the trader can afford.
If the investor is trading mini lot contracts and enters a long position on 1.4123, he will
require using $100 USD of his capital in order to execute such trade, and again, if the exit
price is 1.4223 that would turn into a $100 USD profit for the trader, on the other hand, if
the price falls and he exits the market on 1.4023 that will turn into a $100 USD loss.
The advantages of leverage is the availability of fast cash on small movements of the
market and it is possible thanks to a low percentage of price change on a daily basis; if we
26
look upon price changes on the stock market, we can see that some shares move 15% or
more on a single day, this is hardly possible on currencies on normal circumstances.
Before Trade ExecutionThe trader usually has a trading platform provided by the broker with an online access to
place buying and selling orders; this platform has tools for the trader to use such as price
charts where different technical indicators can be displayed in order to give the trader
information about trends, ranges and volatility that can be part of the trading decision
process.
Platforms also give currencies and other instruments’ quotes that can vary due to volatility
the market has at any given moment, during economic news releases prices are usually
more sensible to change when such economic indicator impacts the balance between offer
and demand.
At this point, the only threat a trader can have is his effective connectivity to the broker
which can make the difference between an order executed or not.
Brokers usually use two different price streams when feeding demo and real trading
accounts, when comparing price quotes in both platforms it can be seen small differences
in prices, this is due to the execution of trades. A broker will not use important resources
such as a dealing desk or an order router algorithm for “fake” orders placed under a demo
account and will not let those fake orders to interfere by creating tickets and resulting into
“noise” upon the real account deals, since this can also bring a delay on the execution flow
for the real customers. The usage of both streams can be useful to the trader’s advantage.
The trader has the option to use a market order which is to enter the market at the current
price with a buy or sell order; this order will take the base currency as the traded one, but
risks of volatility and slippage can take a different price giving the trader an unfavorable
position upon the trade.
Other options to use to enter the market are the stop-limit orders which are placed in a
price level in advance waiting for the price to touch such level and enter the market. A
27
buy-stop order is placed at a level under the current price; brokers will usually allow
setting this order at a minimum of 5 pips of distance from the current price. This order is
used when considered the price to fall for a moment and buy at a lower price before rising
again. A buy-limit order is placed at a level over the current price; brokers will also allow
setting this order at a minimum of 5 pips from the current price. This order is used when
considered the price to break up from a range where it has been for a period of time and
take advantage of the price’s momentum. For sell orders under this kind of tool, the
contrary should be considered, a sell-stop order is placed above the current price expecting
to sell at a higher price before the price falls and the sell-limit order is set under the current
price expecting to enter and keep the falling flow.
Open PositionThe process begins with the execution of the trade, once a trade is executed; the next step
is to ensure that the counterparties to the trade agree on the terms of the transactions –
instrument involved, price, amount to be exchanged, settlement date and counterparty. This
step is referred as trade matching. Trade matching and confirmation set the stage for trade
clearance – since there is no delivery upon the retail forex market, book-entry is occurs34.
There are some risks when positions are executed, such as a legitimate price change, the
rejection of a clearing center to take certain position, costs regarding holding positions for
long periods and margin impact on the balance when the position is open.
SlippageSlippage is the difference between the asset price when the trading decision is taken, and
the price actually realized by a broker or an algorithmic execution system35, varies with
factors reflecting market conditions, floor broker motivations and type of order placed36,
that can be measured in several ways like ticks, points, dollars, etc.37
34 Delivery versus payment in securities settlement systems – Bank for International Settlements35 The slippage paradox36 Slippage and the Choice of Market or Limit Orders in Futures Trading37 Measuring and avoiding slippage
28
The slippage can appear in the forex order executions due to the lack of the possibility to
benchmark the currency price within the broker’s information and the different prices
offered by other brokers, since there is no official price at any given time.
Even though, it is possible for financial institutions to invest in trading platform
development and execution time optimization, the opportunity for the Bucket Shop to save
money in every trade made by the investor can become an important factor to the broker’s
capital and a significant cost to the investor.
The same way it is possible for a broker to determine the investor’s profitability when
trading, profiling the risk involved in the operations and decide where to channel the trades
made, the Bucket Shop can also determine the use of a slippage algorithm that can be
activated both in and out the market through their dealing desk. As mentioned above, the
slippage is the difference between the “clicked” price and the realized price from the
broker,
If active when entering the market, the price will jump, when order executed, in favor of
the order’s direction and instantly jump back to the initial clicked price, making the order
to enter in a less favorable price since it needs more points to start being profitable due to a
“virtually increased spread” due to a price manipulation.
Entering a market order:
When placing a buy market order, it is expected to obtain a profit by raising of the price, if
slippage algorithm is active, executed price will be over the planned entry price, making
the order to have more points to cover in order to obtain a profit while keeping the fixed
spread.
Example
An EUR/USD spread is 2 pips and a buying market order is planned to enter at 1.4120/22,
where the position will take the 1.4120 price and a 2 pips raise movement to 1.4122 is
needed to break even, from 1.4123 and above, the position will show a profit.
29
If 1 pip slippage algorithm is active, when order is to be executed, price will instantly raise
1 pip to enter the position at 1.4121 and return immediatelly to the “real” provided price at
1.4120, in this case, the price needed to reach in order to have a break even and start
obtaining profit is 1.4123 instead of the previously mentioned above.
Although, one pip may seem a minimal deviation, it still represents an advantageous tool
towards the firm, either to save (in the event of a profitable trade to the trader)or capitalize
more money (in the event of a losing trade).
The same principle would apply in the opposite direction when entering with a sell market
order.
If active when exiting the market, the price will jump, when order executed, against the
order’s direction when being profitable and inactive when losing.
Exiting a market order:
Taking the example used above, when placing a sell market order to close our initial
position (buy) there are two possible scenarios if slippage algorithm is active, obtaining a
less favorable exit price when the trade shows profit or loss, and obtaining a less favorable
exit price only when trade shows profit but not when loss.
Example
An EUR/USD buy order that entered at a 1.4122 and current price shows a 10 pip profit,
when exiting the market at a planned price of 1.4132 using a market order, if a 1 pip
slippage algorithm is active, the price will instantly execute the exit order to a 1.4131 price
making a profit of 9 pips instead of the 10 pips profit.
If the same example, a EUR/USD buy order entered at 1.4122 shows a current price where
a 10 pip loss will be capitalized, an active 1 pip slippage algorithm will instantly execute
the exit market order at a 1.4111 price with a loss of 11 pips instead of 10.
The same principle would apply in the opposite direction when entering with a sell market
order.
30
There are ways to avoid this situation, only to the trader’s eyes, by using trading tools like
stop-limit orders that pre-establish a fixed price where to enter and exit if price hits such
level. Stop-limit orders do not guarantee un-manipulated prices, in any given moment; the
Bucket Shop can fall into making modifications to the provided platform’s price to the
investor.
It is important to notice that these activities or practices are not always the reasons behind
slippages and do not constitute something all brokers do. High price volatility will clearly
affect the magnitude of slippage.38
When trading in other financial markets where the activity is centralized in one place like
CBOT or NYSE, it is easier to detect unfavorable situations when slippage on the trade and
fix them. (Brown, Koch and Powers – Slippage and the Choice of Market or Limit Orders
in Futures Trading39) asses the frequency and magnitude of slippage with a unique sample
of over 7,000 CBOT futures tickets for 70 retail brokers with detailed information upon
size of order, time at which the order was placed and price which the order was
subsequently executed, using CBOT time and sales data they were able to estimate the
time at which the order actually cleared and which price the order cleared. Their evidence
indicates that on average, slippage on market orders is not significant different from zero
and limit orders slippage bounded from below at zero due to market regulations that
require broker to cover the cost of adverse fills. The lament of retail traders that “the
system” is biased against them is not supported by the data, either for market orders or for
limit orders.
In the example above, I would consider a very important factor, the centralization of the
activity and execution of operations; when having a centralized exchange market where
there is an “official” price, is easier to identify when and under which price the trade was
executed, something that cannot be controlled at the Forex market operations due to its
decentralized nature where no single entity registers every single forex trade40 and where
no official price is set at any given time but rather the available offered by the broker. The
prices market-makers quote are the prices at which they are willing to sell or buy that 38 Slippage and the Choice of Market or Limit Orders in Futures Trading39 Slippage and the Choice of Market or Limit Orders in Futures Trading40 Where brokers get e-forex quotes
31
particular pair.41 Discrepancies can and do exist, a firm might use a feed that is an
algorithm of rates from different sources, filtering out the highest bid and the lowest
offer.42
RolloversThe rollovers, are charges as interest carry cost for keeping an open forex position held
overnight.43 When trading order clearing is sent to a third party, firms are charged interest
that is prorated. The brokerage firm will pass that charge to traders, calculated from the
close of the London sesion. If the base currency has a higher interest rate than the paired
currency, the trader will be charged interest. Although the amount charged each day is very
small, it can add up over time.44
Due to the expectation of a potential large profit or loss when trading in the forex market,
this speculative activity was indirectly designed to involve short term trades or intraday
operations, but since there are many different kind of traders, those who hold their
positions for “over a day” will experience the rollover if positions are held overnight.
The holding of a currency in a given position will generate an interest to be paid or be
charged according to the difference of current interbank interest rates of a currency. This
difference could be in favor or against the position held by the trader. If trading the
EUR/USD on a long position and current interbank interest rates are higher in Europe, the
trader may receive a rollover fee, if holding a short position under the same conditions, the
investor may pay a rollover fee for his position. The amount of rollover fees are usually set
by the broker and may vary among brokers, but usually follows the current interbank rates
market conditions at a given time.
In theory, if holding a long and a short position with the same amount of lots in the same
currency pair, a term known as hedge position, the fees should settle themselves and make
no impact on the account’s balance when during the time both positions are held; in
41 Where brokers get e-forex quotes42 Where brokers get e-forex quotes43 Innovations in managing currency risk44 A beginners guide to forex
32
practice, the fees will usually be in favor of the broker when being under this kind of
trading option.
Holding a hedge for a long time could bring important consequences to the investor’s
balance. During 2005 I saw a trader went short on GBP/USD at around 1.7400 with a 10
Standard Lots position expecting the cable to go down to its next support level at around
1.7100, when price started rising he hedged the position with a 10 Standard Lots long
order, stopping the loss for a time until market allowed him to see an opportunity when to
open that hedge and potentially reduce the loss or even obtain a net profit from scaled
positions; that opportunity did not present for him for a long time, when checking the
outcome of such hedge strategy, the client’s account suffered a loss of $10,000 USD on
rollover fees for holding that large amount of money for such long time.
To hedge a position is basically just to open a trade opposite to the initial position in the
same currency pair using the same amount of lots of the initial trade.
33
BalanceThe account’s balance is an important factor to consider, since the margin requirements
can make a winning or losing position to take the trader out of the market.
When a position is open, the amount of lots is “locked” and the balance will show the
impact of the price movement while the trade is still in the market.
Example
If a trader has a $10,000 USD on his account and enters the market on a long position on
the EUR/USD at a 1.4123 price with only one standard lot. As mentioned above, a
standard lot gives the trader 100,000 units with this position under 100:1 leverage, this
means that for every $1 USD the trader uses for his trade, 100 units of Euro are acquired
independently from the current price, this results in a purchase of 100,000 units of Euros
using only $1,000 USD.
These units are locked and every difference in the price when trade is active will be
reflected on the balance; that is, if the trade is executed at that price, the trader will have a
long EUR/USD position with a balance of $10,000 USD; if the EUR/USD price moves to
1.4124 the balance will show an increase to $10,010 USD but such profit it will not be
capitalized until the order is liquidated or closed. The same scenario happens when the
price of such position falls to 1.4122, such change will reflect a $9,990 USD balance on
the account but such loss will not be capitalized until the order is liquidated or closed.
If executing a sell order on EUR/USD the broker “lends” 100,000 units of Euro to the
trader for him to sell, therefore incurring into a rollover charge if holding the position
overnight as explained above; the same process for a long position will apply but in a
contrary direction.
Trade LiquidationEvery trade must be reversed through the broker, even if the broker is using different prime
brokers or clearing houses on each of the executions and avoiding arbitrage situations. As
mentioned above, one of the risks a trader can face is the slippage which can make a small
34
impact upon the result of his position but if repeated several times during a period of time
may result in a significant damage to his balance.
In this moment, another important risk factor is the rejection, from the broker, of the trade.
It is important to know the different policies involving confirmation of trade execution
since the trader has no other information where to rely on the veracity of the trade other
than what the broker reports to him. Brokers do not disclose clearance process and routing
information with the traders and this part of the process can be also an important issue the
trader could face any given time.
35
PART III
OPERATIONAL MODELS
36
Operational Models
It is important to notice that retail forex trade execution is not necessarily instantaneous,
especially in a fast moving market or times with high price volatility such as economic
indicators release; brokers may have direct connection on the market to a counterpart
somewhere else in the world with the exact amount of money ready to exchange at the
exact price, although, when acting as a market-maker or a Bucket Shop, trading should
have different time execution characteristics. In the stock exchange market, price quotes
are only for a specific number of shares and investors may not always receive the price
they saw on their screen (at a certain time) or the price their broker quoted and the broker
has to evaluate such orders and assesses who offers the best terms of execution45, but when
trading in a market place where investors and brokers are the only players, execution
should be easier. Market-makers and Bucket Shops use a dealing desk to decide what to do
with the orders received by traders; they can also use algorithms to automatically hedge
risk in their inventories or to clear positions in an efficient manner.46
Key steps in clearance and settlementThe process of clearing and settling includes a number of key steps, including the matching
of terms of the trade, calculation of the obligations of the counterparties as a consequence
of matched trades (clearance), discharge of those obligations (settlement) through the final
transfer of instrument (delivery) and the final transfer of funds (payment). 47
When an order is executed, the intermediary has different options on how to carry such
trade:
45 http://www.sec.gov/investor/pubs/tradexec.htm46 The $4 trillion question what explains FX growth since the 2007. Bank for International Settlement47 Delivery versus payment in securities settlement systems – Bank for International Settlements
37
Broker Model1. The broker may route the order out the firm to a) an Electronic Communications
Network (ECN) that automatically matches buy and sell orders at specified prices48,
this counterparts could be players dealing through other brokers or b) a liquidity
provider that will take every order routed by the broker. If using a liquidity
provider, the broker can, and probably will, use the investor’s available capital to
mirror the order executed by the trader, if trading policies conditions are met to that
specific moment (we will discuss this later).
This alternative can be considered an example of a Vertical Trading Chain, where
different institutions provide the adequate services to the proper execution of the
trade49. This also has a settlement risk failure50.
If an investor takes a long position in EUR/USD let’s say 1.4123, the broker may
send the order to an ECN that will automatically match another investor outside the
firm or institution that is willing to sell Euros and take US Dollars at that price, or
the broker will execute an order that mirrors that purchase of EUR/USD at 1.4123
with its liquidity provider and reverse the position when the investor exchanges
those bought Euros into US Dollars again.
48 http://www.sec.gov/investor/pubs/tradexec.htm49 Clearing, settlement and depository issues – Bank for International Settlements50 Delivery versus payment in securities settlement systems – Bank for International Settlements
38
Figure 3
Market-Maker Model
2. The broker may decide to internalize the order by finding a counterpart within their
universe of customers trading at the same time or waiting for an order to become
counterpart from a previous open order. Execution time through this activity
depends on the amount of customers the firm has and who are willing to trade at a
specific time, when having a large amount of customers buying and selling it
39
should be faster to match buyers and sellers of a currency than leaving pending
orders to be executed when playing in a small pool of traders. Under this model, the
broker is acting more like a mini exchange market.
This alternative can be considered an example of a Horizontal Trading Chain,
where the same institution provides the matching service among its clientele
universe, to the proper execution of the trade51.
If an investor takes a long position in EUR/USD let’s say at 1.4123, the broker will
look in its customers inventory to match the order with another customer selling
Euros for US Dollars at that time at 1.4123. Under a non-delivery policy, the holder
of such Euros has to keep the position until desired price is reached and wait for a
counterpart within the firm’s customers willing to buy those Euros in exchange for
US Dollars.
Figure 4
51 Clearing, settlement and depository issues – Bank for International Settlements
40
Central Counterparty Model3. The broker may decide to become the counterpart of the order at all times executing
the trades made by investors where execution should be instant at all times since
there is no match to find either in or out the firm, and stands ready to buy and sell
the solicited currencies or CFDs on a regular and continuous basis at a publicly
quoted price52. This should be the most effective model to follow since the investor
does not need to wait for another player who is willing to exchange a currency at a
specific price, nor to wait to reverse the position taken. This option might be
considered to be the closest to resemble the Bucket Shop business model.
This alternative can be considered an example of a Central Counterparty, where the
intermediary should maintain an adequate capital base and strong risk management
tools to mitigate its own risks and deal with adverse situations. These tools may
include, but are not limited to; margin call procedures, settlement of margin calls in
central bank money, exposure limits, and guarantee funds, among others. Traders
can effectively mitigate the exposure and risk through a careful selection and due
diligence of their counterparties53.
A central counterparty can reduce liquidity risks by broadening the scope of
payment netting.54
If an investor takes a long position in EUR/USD let’s say at 1.4123, the broker will
sell those Euros in exchange for US Dollars and reverse the position when the
trader decides not to hold Euros anymore and exchange them to US Dollars again at
the price provided by the broker.
52 http://www.sec.gov/investor/pubs/tradexec.htm53 Clearing, settlement and depository issues – Bank for International Settlements54 New developments in clearing and settlement arrangements for OTC derivatives – Bank for International Settlements
41
Figure 5
The three alternatives described above consider all examples to have the same size in
traded capital volume, when investors look to exchange a currency at a given price and no
spread between buying and selling prices, it should also be considered that not always the
same amount of capital will match between buyers and sellers, therefore it is considered
that the third alternative should be the most effective when trying to keep a reasonable
flow of execution for the customer. Even though a broker may choose to follow one of
such alternatives, it is possible to combine the three of them at the broker’s discretion.
Although these three alternatives may apply to the trading execution techniques a broker
may choose to follow in the retail forex market, it is important to note that when trading
(CFDs) only the third one will apply since real possession of shares is not possible in this
product model, therefore exchange is not made outside the firm or between customers,
leaving the opportunity to instant executions open since market conditions such as traded
capital volume and counterpart risk.
42
How do brokers, market makers and bucket shops make money?As mentioned before, the execution alternatives that intermediaries have when executing
orders from the traders have different impact on the way such intermediaries can make a
profit out of the trading activity.
The first alternative model (Broker) presents an execution outside the firm where the
broker tries to find a counterpart through an ECN or a liquidity provider charging a fixed
fee per round traded order added as a mark-up in the spread between the bid and ask price
obtained for the customer.
If an investor is buying EUR/USD at 1.4123 and the broker routes the order through an
ECN or a liquidity provider, the broker will charge for instance 1 point when obtaining the
counterpart, that way, the real execution price for the trader will be 1.4124, buying it at a
higher price that includes the fixed fee for the broker, when reversing the position, the
broker will charge another fixed fee from the selling price, leaving the investor with a
lower selling price than the one really obtained, the firm will have no benefit from the
spread between the prices other than the fee. This practice is common and illustrates the
way intermediaries obtain their profit independently than the results achieved by the
orders. This fee can be included, in the spread or execution price given, as a shown
commission for the broker or simply hidden; since the customer does not see the real price
given he may also not see the fee obtained by the broker.
Some intermediaries keep the trading in its purest brokerage form by using a Straight-
Through Process alternative leaving all the trading execution by routing electronically
every order made without involving a dealing desk to re-quote or any manual
intervention55.
The second alternative model (Market-maker) presents an execution inside the firm where
the broker tries to find a counterpart by matching the orders within its customers, charging
a fixed fee per round traded order added as a mark-up in the spread between the bid and
ask price obtained between the customers.
55 Clearing, settlement and depository issues – Bank for International Settlements
43
If investor A is buying EUR/USD at 1.4123 and the firm has another customer, investor B
that is willing to sell EUR/USD in that moment at a given price of 1.4121, leaving a spread
of 2 points between buying and selling prices, the broker will match the orders by buying
the Euros from investor B at 1.4121 and selling those Euros to Investor A at 1.4123
leaving a net profit for the broker of 2 points. If the broker also charges a 1 point fee as
mentioned on the example above, then investor B will get paid for his Euros a price of
1.4120 and investor A will pay for his Euros a price of 1.4124, leaving the broker with a 4
points profit independently than the results achieved by the orders.
The third alternative model (Central Counterparty) presents an execution where the firm is
always the counterpart of all trades made by the investors regardless to the volume and
price traded, giving an instant execution since there is no other counterpart to match the
order with and executing the reverse order, this model represents a higher risk of loses but
big potential profits as well, since the trade is against the firm, the trader is sure to always
have available execution. Initial profit to the firm is through the spread given to the
investor, it may also include a fixed fee per round traded added as a mark-up in the spread,
the big difference between this model and the other two is that the results of the executed
order will affect directly the firm. If the trade once is reversed results into a profit for the
investor that will become a loss for the firm less spread, if the trade has once reversed
results into a loss for the investor that will become a profit for the firm plus spread. The
risk of high loses can be overwhelmed by potential high profits.
If an investor is buying EUR/USD at 1.4123/21 and the firm is the counterpart, the investor
should have instant execution of the order. If the price rises to 1.4135/33 and closes his
position at such price, the net profit would be 10 points since he is buying at 1.4123 and
selling at 1.4133. The spread would be in favor of the firm but the difference between
prices would benefit the investor making the firm lose 10 points. If the investor is buying
EUR/USD at 1.4123/21 but the price falls to 1.4113/11 and closes his position, then the
investor is losing 12 points that will now be the firms benefit, 10 points from the price
difference plus the spread.
44
At first instance this seems to be the most risky position a broker can incur but it is also the
one where it can obtain large capital when trading against investors.
Why is this model so followed and profitable?As mentioned before, brokers have the options to choose between models by not keeping
only one but a mix of them. When having a group of market analysts and a dealing desk
behind doors, brokers can potentially minimize the loss risk and maximize the profits by
the sending the orders that will cause a profit to a third party and keeping the profitable
ones. When analyzing the market, either through technical or fundamental tools and
models, the group of analysts will give suggestions to the dealing desk on what orders
should be kept in house and which ones throw them to the market.
When technical analysts spot a trend or an important price movement, either on intraday or
middle and long term charts every position received from traders to the dealing desk in
favor of the trend would be sent to a third party and every received order that goes against
the trend will be kept in house. If analysts see it is clear that the EUR/USD price will rise
from 1.4123 to 1.4223 that means that every bullish position will result into a profit for the
trader but a loss for the firm, in that instance, every buying order executed would be sent to
an ECN to find a counterpart that is willing to take the risk or to a liquidity provider to
keep that customer happy with his order but not costing to the firm, when doing this, the
firm has a potential profit of only the mark-up charged to the position but a potential loss
of cero since the firm is not the counterpart of the position. Now, every bearish position
executed will be taken expecting the market to go up, that way when an investor sells his
Euros at that price and buys them again at a higher price that would result into a loss for
the trader but a profit for the firm, as long as the market conditions follow what analysts
see, every short position is taken by the firm until reaching the targeted price and look for a
new strategy, if for any reason the price does not behave as expected then the firm would
reflect a loss while the trader obtains a profit from such position. The dealing desk controls
the flow of the orders according to the analysts as in where should they be sent to. On the
other hand, analysts can also get mistaken and market could flip against its expectations, in
case this situation occurs, usually the orders sent to a third party would not be touched and
45
wait for the investor to close it since the firm is not having any loss from it, but when the
broker is trading in house it has the option to route out a mirrored position to a liquidity
provider in order to maintain a fixed profit until the investor closes his position.
Many brokers have a non scalping policy, where trades are made either for very little
points or for a very little time, giving the dealing desk no time to evaluate the position and
where to route it, this applies specially during high volatility moments during economic
news releases.
When economic indicators are released, it is usually a very volatile moment for the market,
especially if such indicators could bring a high impact on the price and could make it move
fast, it is hard for the dealing desk to keep control of orders when many orders come at the
same time and price moves towards an unexpected side, if the firm sends every order to a
third party, execution could take long time and maybe incur into a slippage of price, either
accidental or intentional, if the firm is executing them in house there is a high risk to result
into big loses. When the firm falls into this uncomfortable situations, it is easy to delete
the orders where traders have obtained a profit under the excuse of “the market did not take
the order due to volatility and was not properly executed, therefore every profit incurred in
such trade would be eliminated from the balance”, although, orders that show loss for the
traders, well, those have no need to be deleted since the firm is making a profit out of.
One way for the firm to low the risk is to evaluate the impact that the economic indicator
could bring to the market under the published outcome of the indicator, for example, if
market conditions show that an increase on the CPI (Consumers Price Index) will bring a
benefit to the USD and the expected Index is to be 0.2%, any increase over the expected
value will bring an appreciation of the USD making the chart price of the EUR/USD fall
and route every short position to a third party after the news release while keeping all the
long positions, and any increase under the expected value or a contraction of the index will
bring a depreciation of the USD making the chart price of the EUR/USD up and letting the
firm to route all long positions and keeping all the short ones, although it may take some
seconds to adjust the dealing desk to the outcome situation, the risk of high loses is
reduced avoiding then a big impact in the firm’s capital.
46
Everything is reduced to a risk management the firm is willing to maintain; with a very
high capital behind to either route or directly counterpart orders, a team of analysts and a
fast dealing desk, the advantage that a market maker has over the limited resources a retail
investor has, is considerable.
Comparing the ModelsInvestor A has an account balance of $10,000 USD and trades only 10% of his account per
position and has traded 2 orders today on EUR/USD, each one of 1 Standard Lot, one long
position of 10 pips profitable and one short position giving a 10 pips loss, resulting in no-
gain at the end of the day.
Routed Execution to an ECN or a Liquidity Provider – Broker Model
The broker, acting as a true router, sends both positions outside the firm to an ECN or a
liquidity provider leaving the outcome risk to a third party and charging 1 pip on each way
on each order giving the broker a net profit of 4 pips at a $10 USD value per pip.
Currency Position Quote Price Lots Pips Won/Lost Profit/Loss Broker Fee Total Broker Fee Broker Profit
Investor A EUR/USD Open Buy1.4123/21 1.4123 1 0 0 1 10 10
Investor A EUR/USD Close Buy1.4135/33 1.4133 1 10 100 1 10 10
Investor A EUR/USD Open Sell1.4145/43 1.4143 1 0 0 1 10 10
Investor A EUR/USD Close Sell1.4153/51 1.4153 1 -10 -100 1 10 10
Total 0 0 4 40 40
47
Market Making Model
The broker, acting as a true market maker, matches the positions against another investor,
leaving the outcome risk to both participants but taking a 2 pips profit on both spreads on
all positions when settling the trades giving the market maker a net profit of 8 pips at a $10
USD value per pip.
48
Currency Position Quote Price Lots Pips Won/Lost Profit/Loss Broker Fee Total Broker Fee Broker Profit
Investor A EUR/USD Open Buy 1.4123/21 1.4123 1 0 0
Investor B EUR/USD Sell 1.4123/21 1.4121 1 0 0
Difference in prices paid and charged on spread between both participants 2 20 20
Investor A EUR/USD Close Buy 1.4135/33 1.4133 1 10 100 0 0
Investor C EUR/USD Buy 1.4135/33 1.4135 1 0 0
Difference in prices paid and charged on spread between both participants 2 20 20
Investor A EUR/USD Open Sell 1.4145/43 1.4143 1 0 0
Investor D EUR/USD Buy 1.4145/43 1.4145 1 0 0
Difference in prices paid and charged on spread between both participants 2 20 20
Investor A EUR/USD Close Sell 1.4153/51 1.4153 1 -10 -100 0 0
Investor E EUR/USD Sell 1.4153/51 1.4151 1 0 0
Difference in prices paid and charged on spread between both participants 2 20 20
Total 0 0 8 80 80
Central Counterparty Model
The broker, acting as the counterpart, takes all the positions against the investor, leaving
the outcome risk to the firm with a profit and a loss as well as the trader but with a spread
profit giving the firm a net profit of 4 pips at $10 USD value per pip.
Currency Position Quote PriceLots Pips Won/Lost Profit/Loss Broker Fee Total Broker Fee Broker Profit
Investor A EUR/USD Open Buy 1.4123/21 1.4123 1 0 0
Broker EUR/USD Sell 1.4123 1 0 0
Investor A EUR/USD Close Buy 1.4135/33 1.4133 1 10 100 0 0
Broker EUR/USD Buy 1.4133 1 -10 -100 0 0
Spread charged to Investor A 2 20 20
Investor A EUR/USD Open Sell 1.4145/43 1.4143 1 0 0
Broker EUR/USD Buy 1.4143 1 0 0
Investor A EUR/USD Close Sell 1.4153/51 1.4153 1 -10 -100 0 0
Broker EUR/USD Sell 1.4153 1 10 100 0 0
Spread charged to Investor A 2 20 20
Total 0 0 4 40 40
Under the quick view of the comparison of these models the most effective one is the
market making model giving the firm the biggest profit when matching the trades between
its own customers than routing them to a third party or liquidity provider and also when the
firm becomes the counterpart of all trades made by the investor.
As mentioned before, the firm can mix the different execution models to its benefit.
49
Under the impression that the EUR/USD price will raise, analysts will recommend the
dealing desk to keep in house all short positions while routing all long positions to a third
party or match them to another customers within the firm that are waiting to be the
counterpart of such trades. This is how it would illustrate under such circumstances.
Currency Position Quote Price Lots Pips Won/Lost Profit/Loss Broker Fee Total Broker Fee Broker Profit
Investor A EUR/USD Open Buy1.4123/21 1.4123 1 0 0 1 10 10
Investor A EUR/USD Close Buy1.4135/33 1.4133 1 10 100 1 10 10
Mark-up charged to Investor A 2 20 20
Investor A EUR/USD Open Sell1.4145/43 1.4143 1 0 0
Broker EUR/USD Buy 1.4143 1 0 0
Investor A EUR/USD Close Sell1.4153/51 1.4153 1 -10 -100 0 0
Broker EUR/USD Sell 1.4153 1 10 100 0 0 100
Spread charged to Investor A 2 20 20
Total 0 0 4 40 140
There are many kind of players trading, scalpers, swing traders, news traders, intraday
traders, technical and fundamental traders, and the amount of trades they make vary from
several a day to once a week or month.
Hypothetically, if a broker has 1000 customers worldwide with a $10,000 USD account
and trade 2 times a day with 1 standard lot per trade and under the suppose that they don’t
lose nor win, the firm could have potential profits of 1000 times the ones shown in the last
example or $140,000 USD per day versus the $40,000 USD made if the intermediary acts
only as a broker.
50
Additional to that, if the broker has 100 money managers that have 10 customers of
$10,000 USD each also trade 2 times a day with 1 standard lot per trade and under the
same conditions that they don’t lose nor win, the firm could have potential profits of 1000
times the ones shown in the last example or $140,000 USD per day versus the $40,000
USD made if the intermediary acts only as a broker.
It is impossible to be sure of the future and guarantee the market to move towards we see,
or want, and to effectively evaluate and direct all trades made by customers to the most
profitable alternative the broker could take, but if the broker is able to capitalize correctly
half of this trades, it can assure a good chunk of profit.
Customers can be profiled to be routed to an effective risk management of their positions, a
profitable customer will get his trades routed out to a third party so the firm can avoid a
counterpart risk with this specific trader, a losing customer will be handled in house the
firm in order to capitalize from most of the trades made.
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PART IV
REGULATION IN DENMARK
52
Institutions in DenmarkThe Danish Financial Supervisory Authority (Finanstilsynet) is the main supervisory body
of financial markets in Denmark, such as insurance and pension markets, as well as
financial institutions, mortgage lenders and stock brokers. In the area of the stock market
acts as the secretariat for the Securities Council (Fondsradet).56
The supervision of financial securities issuers is the responsibility of the Securities
Council, an independent public body regulated by Section 25 of the Securities Trading Act.
The Securities Council has powers to issue regulations for the whole financial market in
the form of Executive Orders that have the force of law and should be complied by the
participants in the financial markets.57
The Financial Business Council (Finansiele Virksomhedsrad) is the public authority
appointed under the Danish Financial Business Act (Lov om Finansiel Virksomhed) which
contains common rules for the financial services industry. The Financial Business Act is
therefore the basic regulation and it supplements the special laws that apply to specific
sectors of the industry. The Financial Business Council advises the Financial Supervisory
Authority in connection with the regulations it issues and its dissemination of information.
Furthermore, the Council is empowered to take decision on supervisory questions which
either concerns matters of principle or which have important consequences for the financial
services industry.58
Investment companies are regulated by the Investment Associations Act
(fondmaeglerselskabsloven) and are subject to the supervision of the Financial Supervisory
Authority. Investment companies are the only companies entitled to offer securities trading
services to the public, apart from credit institutions or mortgage lending institutions. They
must be licensed by the Financial Supervisory Authority.59
56 Nordic Financial Market Law – Chapter 457 Nordic Financial Market Law – Chapter 458 Nordic Financial Market Law – Chapter 459 Nordic Financial Market Law – Chapter 4
53
Financial Business ActThe Financial Business Act is the main law regarding to financial activities undertakings
can do, it sets a general view of the different kind of activities and rules areas upon
licensing such activities and its main focus is to the markets’ participants that give access
to the final customer. Financial undertakings must obtain the appropriate license when
pursuing a specific activity and can also be licensed to carry one or more financial
activities upon licenses obtained under the Danish Financial Supervisory Authority. This
Act applies to undertakings such as banks, investment associations and investment
management companies60 61 whom activity consist on carrying out investment services62,
among others, such as retail foreign exchange and contracts for difference63 64.
Undertakings that carry out activities comprising receiving from the public deposits or
other funds to be repaid as well as activities granting loans at their own expense but not on
the basis of issuing mortgage-credit bonds shall be licensed as banks65. As mentioned
before, banks can also obtain other licenses, upon meeting the appropriate requirements;
banks may be licensed66 to carry out activities mentioned in Annex 4, schedule A of the
Financial Business Act as securities dealers, as well as those undertakings which are not
licensed as banks but carry out the same activities mentioned in Annex 4 schedule A, shall
be licensed only as securities dealers. Securities dealers may carry out one or more of the
activities mentioned in Annex 4 schedule B of the Financial Business Act67.
Securities dealers without license as bank, mortgage-credit institution or investment
management activities covered in Annex 6 of the Financial Business Act are investment
companies and may only carry out activities as mentioned in Annex 4 of the Financial
Business Act like execution of orders of instruments like retail forex or CFDs68. Securities
dealers shall have exclusive right to administer and carry out foreign-exchange spot
60 Financial Business Act, I, Part 1, 1(1)61 Financial Business Act, I, Part 1, 5(1)62 Financial Business Act, I, Part 1, 5(1)(3)63 Financial Business Act, Annex 4, Schedule A on Investment Services64 Financial Business Act, Annex 5 on Instruments65 Financial Business Act, II, Part 3, 7(1)66 Financial Business Act, II, Part 3, 7(2)67 Financial Business Act, II, Part 3, 9(1)68 Financial Business Act, II, Part 3, 9(2)
54
transactions for investment purposes with a view to earning a profit for investors from
changes in the exchange rate on a commercial basis for third parties69.
Financial undertakings and financial holding companies shall be operated in accordance
with honest business principles and good practice within the field of activity70, more
specific regulation in this matter is disclosed in the Executive Order on Investor Protection
in connection with Securities Trading. It is important to notice that conflict of interests
between the financial undertaking and its clients may exist, therefore, a financial
undertaking licensed to operate as a securities dealer shall have appropriate rules and
procedures for transactions with the instruments mentioned in Annex 571, be able to
identify conflicts of interest which could damage the interest of clients and restrict these
conflicts of interest as much as possible and, if there is a risk that the interest of clients
could be damaged, inform the client of the general content of the conflict of interest before
entering into an agreement72.
As mentioned before, the intermediary institutions are covered in this Act upon the legal
constitution of them and the activities they are allowed to do, including but not limiting to
retail foreign exchange and contracts for difference. As for the operative where trading and
relation between intermediary and customer takes part, the Securities Trading Act sets the
rules.
Securities Trading ActThis act regulates the activity regarding to the securities trading73 as purchase and sale of
securities for own and third party’s account74, transmission of purchase and sale of
securities75, professional advice with respect to securities76 and portfolio management77.
This act also applies to the operation of clearing activities, book-entry activities and
69 Financial Business Act, II, Part 3, 9(3)70 Financial Business Act, III, Part 6, 43(1)71 Financial Business Act, IV, Part 8, 72(2)(1)72 Financial Business Act, IV, Part 8, 72(2)(2)73 Securities Trading, etc, Act, I, Part 1, 1(1)74 Securities Trading, etc, Act, I, Part 1, 1(2)(2)75 Securities Trading, etc, Act, I, Part 1, 1(2)(3)76 Securities Trading, etc, Act, I, Part 1, 1(2)(4)77 Securities Trading, etc, Act, I, Part 1, 1(2)(5)
55
registered payment systems78. The financial security instruments applied under this Act
include, among others, the Forex79 and CFDs80 instruments.
The Securities Trading Act describes securities dealers as financial undertakings licensed
as banks, to the extent that such undertakings are licensed under section 9(1) of the
Financial Business Act, and financial undertakings licensed as investment companies81. An
“operator” is described as a limited company operating on a regulated market82, a “clearing
center” means a limited company carrying out securities clearing activities83 and “central
securities depository” means a limited company carrying out book-entry activities84. The
same way a financial undertaking can do different activities licensed under the Financial
Business Act, securities dealers can also be licensed to perform activities as a clearing
center and central securities depository.
Under this Act, a company that operates an alternative market place shall mean a company
that operates a multilateral trading facility as an alternative market place85. The activities
covered by section 7(1) of this Act may not be commenced until the Danish FSA has
granted a license hereof86.
A “regulated market” shall mean the multilateral system where within the system and in
accordance with the absolute regulations hereof, a plurality of third parties interest in the
purchase and sale of securities are brought together and carried, in such a manner that
agreement on trading in securities admitted to trading in accordance with the regulations or
systems of the market, shall be made87.
An operator of a regulated market may carry out ancillary activities in addition to operating
a regulated market, for instance as a clearing center, central securities depository and
operation of multilateral trading facilities. The Danish FSA may decide that the ancillary
78 Securities Trading, etc, Act, I, Part 1, 1(3)79 Securities Trading, etc, Act, I, Part 1, 2(1)(4)80 Securities Trading, etc, Act, I, Part 1, 2(1)(9)81 Securities Trading, etc, Act, I, Part 2, 4(1)(1)82 Securities Trading, etc, Act, I, Part 3, 7(1)(1)83 Securities Trading, etc, Act, I, Part 3, 7(1)(2)84 Securities Trading, etc, Act, I, Part 3, 7(1)(3)85 Securities Trading, etc, Act, I, Part 3, 7a(2)86 Securities Trading, etc, Act, I, Part 3, 8(1)87 Securities Trading, etc, Act, II, Part 4, 16(1)
56
activities are to be carried out by another company. If the operator of a regulated market is
operating a multilateral trading facility as an ancillary activity, the multilateral trading
facility may however always be operated by the same company as the regulated market88.
If an operator of a regulated market carries out activities as a clearing centre, a central
securities depository or a multilateral trading facility as an ancillary activity, cf. subsection
(1), the requirements of this Act for a license and operation of this type of undertaking
shall apply. With respect to ancillary operation of a multilateral trading facility the
requirements of the Financial Business Act for a license and operation of this type of
undertakings shall also apply89.
An operator of a regulated market shall be responsible for the market being conducted in
an adequate and appropriate manner90.
The operator shall be obliged to identify and deal with any conflicts of interest between the
operator and the operator’s group, and the sound function of the regulated market91, to
ensure sound management of the technical function of the market’s systems, including the
establishment of effective emergency systems92, to have regulations ensuring honest and
correct trading, and list objective criteria for effective execution of orders93, to ensure
effective and timely execution of transactions carried out in the systems of the market94, to
have at its disposal sufficient financial resources to ensure the well-functioning functions
of the market, taking into account the transactions carried out on the market and the risks
to which the market is exposed95, to register the transactions that are carried out by
members of the market by use of the market’s systems, with a view to identifying
violations of the market’s regulations, trading conditions in violation of the regulations for
the regulated market or behavior that may involve violation of Part 1096.
88 Securities Trading, etc, Act, II, Part 4, 17(1)89 Securities Trading, etc, Act, II, Part 4, 17(2)90 Securities Trading, etc, Act, II, Part 4, 18(1)91 Securities Trading, etc, Act, II, Part 4, 18(2)(1)92 Securities Trading, etc, Act, II, Part 4, 18(2)(3)93 Securities Trading, etc, Act, II, Part 4, 18(2)(4)94 Securities Trading, etc, Act, II, Part 4, 18(2)(5)95 Securities Trading, etc, Act, II, Part 4, 18(2)(6)96 Securities Trading, etc, Act, II, Part 4, 18(2)(8)
57
An operator of a regulated market shall publish the current prices and the market depth of
these prices of shares admitted to trading on the regulated market, and which are offered in
the system of the regulated market. This information shall, within the normal operating
hours of the regulated market, regularly be made available to the public on reasonable and
commercial terms97.
An operator of a regulated market may lay down regulations regarding postponement of
publication on the basis of the size or type of the transactions98. Sometimes forex and
CFDs customers trade large amounts of capital per trade; sometimes it can bring problems
when trying to clear the trade, the intermediary may set rules on how to deal with when
those situations are presented.
One of the most important rules this Act applies is “price manipulation” which covers,
among others, transactions or orders to trade which employ fictitious devices or any other
form of deception or contrivance99. The Securities Trading Act doesn’t go deep into this
concept but more important guidance can be found on the Executive Order on notice,
notification and public disclosure of managers’ transactions, list of insiders, notification of
suspicious transactions, signals of market manipulation and accepted market practices
(Executive Order on market abuse)100 although, such rules are more relevant to “less
complicated” securities such as shares and bonds where big orders can affect market’s
price, in the case of retail foreign exchange, it is unlikely that orders where the
intermediary acts as counterparty will make an impact into the market’s price.
Under the Securities Trading Act, “Clearing” means the calculation of obligations and
rights pertaining to an agreed exchange of financial instruments, including cash101,
“settlement” shall mean any exchange of services for the purpose of fulfilling the
obligations of the parties102. A clearing centre may keep cash accounts for clearing
participants and arrange for the lending and borrowing of money and securities in
97 Securities Trading, etc, Act, II, Part 4, 18a(1)98 Securities Trading, etc, Act, II, Part 4, 18b(3)99 Securities Trading, etc, Act, II, Part 10, 38(1)(3)100 Executive Order on market abuse101 Securities Trading, etc, Act, III, Part 15, 50(1)102 Securities Trading, etc, Act, III, Part 15, 50(2)
58
connection with clearing, settlement, or clearing and settlement of securities
transactions103.
Book-entry and registryBook-entry for securities issued and transferred electronically104 which are negotiable and
dematerialized105, such as forex and CFDs, are registered through a central securities
depository and entry of rights to such securities106. Apart from the central securities
depository concerned, financial undertakings licensed as banks or investment companies
and clearing centers shall have the right to report transactions for book entry with a central
securities depository on its behalf107 108 109 . An account-holding institution shall be obliged
to report, without delay, received applications for book-entry in a central securities
depository110.
Notification of the book-entry shall be given to the party or parties entitled according to the
book-entry register as well as to the applicant. Notifications of any impediments for the
book-entry shall be given.111.
103 Securities Trading, etc, Act, III, Part 15, 53(1)104 Securities Trading, etc, Act, IV, Part 19, 59(1)105 Securities Trading, etc, Act, IV, Part 19, 59(2)106 Securities Trading, etc, Act, IV, Part 19, 59(3)107 Securities Trading, etc, Act, IV, Part 21, 62 (1)108 Securities Trading, etc, Act, IV, Part 21, 62 (1)(1)109 Securities Trading, etc, Act, IV, Part 21, 62 (1)(6)110 Securities Trading, etc, Act, IV, Part 22, 66 (4)111 Securities Trading, etc, Act, IV, Part 22, 66 (1)
59
Executive OrdersExecutive orders are supplementary rules that detail in a more specific context some of the
activities and concepts under the Financial Business and the Securities Trading Acts. The
most important executive orders that fit into the retail foreign exchange and CFDs markets
are”
Executive Order on Risk-Labeling of Investment ProductsThis executive order categorizes the risk of losing the amount invested or more into green,
yellow and red labels, where forex and contracts for differences are placed into the red
label, where there is a risk of losing more than the amount invested or the product type is
different to understand112 113.
Executive Order on Investor Protection in connection with Securities TradingThis executive order applies to Danish securities dealers’ activities upon securities
trading114 of financial instruments115 in Denmark116, but void when the customers of such
securities dealer are eligible counterparties117, it also provides categories of customers
which a securities dealer shall divide into professional customer118, eligible
counterparties119 and retail customers which are neither professional customers nor eligible
counterparties120.
This executive order requests that a securities dealer shall act honestly and
professionally121.
112 Executive Order on Risk-Labeling of Investment Products 4(1)113 Executive Order on Risk-Labeling of Investment Products 4(4)114 Executive Order on Investor Protection in connection with Securities Trading, Part 1, 2(1)115 Executive Order on Investor Protection in connection with Securities Trading, Part 1, 2(3)116 Executive Order on Investor Protection in connection with Securities Trading, Part 1, 1(1)!1)117 Executive Order on Investor Protection in connection with Securities Trading, Part 1, 1(5)118 Executive Order on Investor Protection in connection with Securities Trading, Part 2, 4(1)(1)119 Executive Order on Investor Protection in connection with Securities Trading, Part 2, 4(1)((2)120 Executive Order on Investor Protection in connection with Securities Trading, Part 2, 4(1)((3)121 Executive Order on Investor Protection in connection with Securities Trading, Part 3, 5
60
When a securities dealer provides or administers orders for a retail customer without
providing investment advice or portfolio management, the securities dealer shall obtain
information for the customer about his knowledge and experience in the investment field
relevant to the specific type of product or service being offered or requested. The securities
dealer shall assess whether the product or service under consideration is appropriate for the
customer122. If, on the basis of the information received, the securities dealer considers that
the product or service is not appropriated for the customer, the customer shall be made
expressly aware of this123.
When a securities dealer has executed an order on behalf of a customer, the securities
dealer shall, provide the customer with important information about the execution. If the
order is executed for a retail customer, the securities dealer shall send the customer a
settlement note no later than the first weekday after execution or, if the securities dealer
receives confirmation from a third party, no later than the first weekday after receipt of the
confirmation124.
A securities dealer shall implement procedures to ensure, that an order is executed on
behalf of a customer, registered and allocated expeditiously and precisely125, that
comparable customer orders are executed consecutively and expeditiously unless the
nature of the order or the appropriate market conditions make this impossible126 and
immediately he becomes aware of this, the securities dealer informs a retail customer of
any significant problems with the execution order127.
122 Executive Order on Investor Protection in connection with Securities Trading, Part 6, 17(1)123 Executive Order on Investor Protection in connection with Securities Trading, Part 6, 17(2)124 Executive Order on Investor Protection in connection with Securities Trading, Part 7, 21(1)125 Executive Order on Investor Protection in connection with Securities Trading, Part 9, 27(1)(1)126 Executive Order on Investor Protection in connection with Securities Trading, Part 9, 27(1)(2)127 Executive Order on Investor Protection in connection with Securities Trading, Part 9, 27(1)(3)
61
PART V
OPPORTUNITY AREAS
62
The retail foreign exchange and contracts for difference markets are some of the most
interesting markets to trade, high liquidity and fast execution make this instruments very
attractive to every kind of participant, even those who have never seen a price chart before
can fall into the charms of a leveraged instrument that may return high quantities of profits
while trading at home. Volatility in the currencies can give a dynamic environment where
emotions take an important role in the traders’ decisions.
The nature of the retail foreign exchange, under its decentralized scheme may leave
regulation loop-holes where intermediaries can virtually vanish the traders’ accounts.
There is this though that since forex doesn’t have a physical place to be traded it cannot be
regulated, but there are tools that allow controlling unfair practices in this kind of market.
When speaking about financial markets, specially trading them, there is a common
assumption that those kinds of instruments are to be used for only suitable and
sophisticated clients that have large amount of money or knowledge and can go on with
their lives even when incurring in some financial loses. In the case of retail forex is not like
that at all, there are brokers that allow investors to open an account with as low as $1 USD
and trade it. This kind of instrument is open to every kind of investor who is willing to
speculate with part or their whole money through out a financial intermediary.
As a personal note, during my experience as advisor for some companies in this field, I
have seen cases of fraud, theft, lies and unfair practices in all kind of intermediaries such as
broker, introducing brokers, money managers, clearing centers, regulated or not, that made
me wonder about the quality of the laws behind this activity.
Before starting this paper, skepticism regarding effectiveness of the Danish laws within
these markets helped me to decide the writing of this paper. Although, I expected to find
larger deviations between the activity’s current regulations and my perspective upon the
intermediaries’ practices, I must admit that in the case of the Danish regulations, simplicity
and centralized regulation, as it currently is, are the keys to maintain an effective control of
brokers, dealers and market-makers.
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While the Danish Financial Supervisory Authority is the main body behind financial
regulation in Denmark, it is internally divided into different kind of divisions dedicated
exclusively to the areas appointed by the DFSA, therefore keeping a central place where
effective communication can be provided in matters of regulation information flow
between the divisions while being under the same regulation umbrella. My perspective
before this research, questioned the need of the creation of an independent regulatory body
focused exclusively into these markets or industries while separating areas of mortgage-
credit institutions, insurance companies and financial intermediaries totally from each
other in an institutional level the same way is seen in the USA where the Securities
Exchange Commission, the Commodities and Futures Trade Commission, the National
Futures Associations and the Financial Industry Regulatory Authority, either acting as a
government institution or a self-regulated authority, regulates different markets,
intermediaries and execution processes.
I believe that a separation of institutional bodies in Denmark will not be the answer to a
more effective regulation; the Danish financial legislation does not need a self-regulated
authority to mix information, create new laws that might contradict current legislation nor
confuse the customer. I believe one of the most important issues regarding regulations in
Denmark is the lack of effectiveness communication between institutions regarding such
laws. Legislation in Denmark changes rapidly and in my experience, the delegation of
authority can lead to uncomfortable and sometimes unfair situations where not everybody
is treated the same, when speaking of financial instruments and legislations this can lead to
important consequences that can be avoided by keeping the current institutional structure.
Although, in my opinion, the current Danish legislation deals with many of the general
aspects of corporate and activities regulation through the licensing of these activities, I
believe there are areas of opportunity where investors can be more protected in these
markets.
The Financial Business Act, in my opinion, maintains a clear path upon regulation of
financial undertakings with a simple structure, focuses on the legal aspects of the
constitution of undertakings, the requirements to be licensed and delegates the securities
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trading area to the Securities Trading Act to avoid confusion on these kind of activities
with the credit and insurance undertakings.
The Securities Trading Act is clear upon the trading activity, although most of its structure
is very attached to the stock markets rather than financial derivates, perhaps a division of
activities in this act where financial derivatives can be explained and regulated more
specifically and separately from the stock markets, may give a more protection sense to
financial derivatives’ investors.
In my opinion, even thou, the retail foreign exchange and contracts for difference markets
seem to be a very specific area where maybe a reformation of the current Danish
regulations is not needed, but a change in some of the soft law can be very efficient to
boost investor’s confidence that activity is completely regulated.
Some of the Executive Orders in the current Danish financial legislation deal specifically
on topics like classification of customers, book-entry processes, good practices, etc, I
believe that it is possible to contribute positively if there is a Guidance upon retail forex
and CFDs markets where an official public institution recognizes some of the concepts and
practices described in this paper and sets rules on the investors’ protection field.
One of the changes I propose is, based upon the instruments classification mentioned in the
Executive Order on Risk-Labeling of Financial Products, is the classification of
intermediaries, not necessarily to use colors as the executive order just mentioned, but to
categorize brokers, dealers and market-makers. I think the DFSA could be a pioneer in this
concept by developing a regulation where setting new parameters on financial socially
responsible behavior from intermediaries by creating a scale where the trader could be
aware of what kind of intermediary he is choosing to trade with.
In this case, I think a classification upon the amount of trades kept “in house” vs. routed to
the market. Above is shown the different order execution models brokers choose to work,
it would be important for the customer to know what kind of models the broker is using to
execute orders, and the % of orders traded on each of the models, that way a trader knows
what to expect from a broker that becomes the counterpart 75%, of the trades and sends
25% of the trades to a third party, or other customers inside the firm, etc., with this kind of
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parameters, I believe, transparency will become an important issue to consider when
choosing a broker comes in the picture. This kind of classification may also bring positive
critics upon foreign investment opportunities in Denmark and a better control impression
from the DFSA.
With this proposed classification will be easier to obtain information on the effectiveness
of the trading, in the Executive Order on Investor Protection in connection with Securities
Trading mentioned above, a confirmation of the settlement has to be handled to the client
no later than the first weekday after trade has been executed, in my opinion, even thou it is
to be confirmed the next day at the latest, I believe that unfair practices can be presented in
this situations where profitable trades can be reversed. Nowadays automated trading is
quite used among traders and situations where scalping is met and several profitable trades
can be made in one day, a reversed settlement 24 hours after an executed trade may bring
unfair practices. I believe in this matter, the DFSA may adopt one of the NFA’s rulings on
trade confirmation at a maximum of 15 minutes after the order is executed, either to enter
or exit the market, that way 2 confirmations are sent in order to maintain a more equal
opportunity of profit to the trader.
Price manipulation is an area that can be extended, as mentioned above, the use of
algorithms can become an important factor when routing the trade, with a proper
classification of the amount of routed trades and kept in house it is possible to obtain more
specific information about any price manipulation situations. If trades are kept in house, a
slippage, generally, should not be presented and trade confirmation of settlement should be
instant. If trades routed to a third party, information about executed prices should be
presented and differences between prices will be easier to find.
In my opinion, there should be a restriction upon the brokerage and dealing activity when
trading CFDs. Since CFDs providers have information of the current positions taken from
their customers, CFDs providers should not have access to buy actual shares they provide
over CFDs mirrors, since such purchases can influence the positions its traders have. A
front running situation is highly unlikely to happen but at the end of the day, using
information from its customers, if a broker or dealer, by knowing its clients trading
positions, buys or sells instruments where such transaction will be reflected into a price
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movement and indirectly to the traders balance, therefore, in the most strict perspective
that is considered as price manipulation.
Different quoted price can be presented to the clients at a given time, I don’t think this is a
matter to be regulated since like any other street market, different prices can be given
according to different kind of customers, although, I believe that a better trading
conditions, like a tighter spread, should be rewarded upon trade volume, either in capital or
executed trades, this kind of alternative may influence the introducing broker and money
managers to fall into practices where the interests of the customer are not respected in any
matter.
In the Introducing Brokers and Money Managers field, I think the DFSA and the current
regulation is in a disadvantage against such figures since the regulation’s scope includes
undertakings only located in Denmark, the EU or those countries non members of the EU
where financial agreements have been made. This leaves the IBs and MMs in a good
position to melt down customer’s accounts without being bothered by the authority
supervising financial undertakings in Denmark.
I propose that under the payment agreements brokers and dealers located in Denmark only
the water mark scheme is applied to reward the agents involved in the trading activity. The
same way, I believe that, even though the DFSA has no jurisdiction upon IBs and MMs
outside the regulation’s scope, a minimum set of requirements should be met by the broker
or dealer in order to provide agents the access to the market and therefore reward them
with commissions; such requirements could include appropriate certifications that
demonstrate agents capabilities and skills upon managing or giving advice to investors and
effectiveness on the trade with parameters such as winning rate, market exposure per trade
and amount of trades per period, this way a customer is fully informed of the alternatives
and can choose whether such alternatives meet his trading expectations and such
alternatives are backed by a regulated intermediary and the DFSA.
I believe there is much more work to do regarding the trading in this markets, I don’t think
the deregulation of this activities will be the answer to a better equilibrium between
participants, but finding such equilibrium will take time and many complaints from
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investors before an effective set of rules can be implemented. I think the DFSA can be
innovator in this market and lead global changes, in this kind of markets in a more socially
responsible activity.
Regarding to the execution models used by intermediaries, I don’t think it is necessary to
interfere about using one kind or another, I think the most important part is to keep close
supervision upon the correct functioning of it and keep at all times the investors’ interest in
front of the intermediaries’.
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PART VI
CONCLUSIONS
69
The retail foreign exchange and contracts for difference are indeed complicated markets
that need a particular supervision of trading process. Although, the concept of a bucket
shop used one hundred years ago keep some activities on the eye of regulations, the global
markets development bring different opportunities nowadays. The same way financial
undertakings and products have changed; it is possible to adapt some of the bucket shop
characteristics to current trading opportunities making markets and trading execution more
efficient where independent undertakings can offer fair conditions to retail investors while
staying within the proper regulation frame.
The structure of the markets can offer different alternatives to investors where while trade
complex instruments can choose through a variety of intermediaries and conditions and are
not attached to only one investment possibility or standard trading limitations. A global
trading structure like the foreign exchange and contracts for difference markets promotes
competition among the access providers such as brokers, dealers and market-makers with
faster execution methods, tighter spreads and the possibility to offer through a platform
that can be download to the investors computer the same opportunities that sophisticated
investors had exclusive access many years ago.
The brokers, dealers and market-makers are not the only intermediaries in this trading
game, and even thou they can become the most important link between traders and the
market, other figures take part of it regarding tasks on clearing and settlement, as well as
the agents that connect investors to brokers, which can be a useful tool to many investors
whom only purpose is to get their accounts trader rather than trade it themselves. In my
experience, these agents can damage more than other intermediaries and special attention
should be kept in place regarding their activities.
There are different business models brokers, dealers and market-makers can use in order to
achieve a more efficient execution methods; while such methods can be kept private since
is the core of the business, it is important for the trader to have the proper rights regarding
execution transparency in order to obtain an execution balance where unfair practices are
70
avoided and all the participants in the trading structure can obtain their maximum benefit
from such markets.
The Danish Financial Supervisory Authority has done a good job regarding to regulation of
financial undertakings under the Financial Business Act and the trading activity under the
Securities Trading Act. These Acts are the core legislation over the foreign exchange and
contracts for difference activities and even thou some changes may provide a better trading
environment in these particular activities, drastic changes upon both Acts are not necessary
and improvement can be made through out soft laws such as Executive Orders protecting
the investor on areas such as execution methods, price manipulation, commissions paid to
agents and fair practices regarding the participants. Special guidance can also be developed
to inform the investors the proper rights and obligations each of the participants have in
order to maintain a clean and transparent environment within the trading industry.
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Bibliography
A Brief History of CFD Trading 20111012, .
"38% Rise in CFD Trading - City Index", 20110508, Investment Business Weekly - SP 67, .
Abe Cofnas 20041231, "A beginner's guide to forex", Futures - LA English, vol. 33, no. 12, pp. 34.
Bohn, S. The slippage paradox.
Braekevelt, F. "Clearing, settlement and depository issues", BIS papers no. 30, .
By JAMES C. YOUNG 19220709, BUCKET SHOP--SECRETS.
Chaboud, A., Chiquoine, B., Hjalmarsson, E. & Vega, C. 2009, "Rise of the machines: algorithmic trading in the foreign exchange market", .
Committe of Payment and Settlement Systems 2007, "New Developments in clearing and settlement arrangements for OTC derivatives", .
Committe of Payment and Settlement Systems of the central banks of the Group of Ten Countries 1992, "Delivery versus Payment in Securities Settlement Systems", .
Danish Financial Supervisory Authority "Executive Order on Investor Protection in connection with Securities Trading", .
Danish Financial Supervisory Authority "Executive Order on market abuse", .
Danish Financial Supervisory Authority Financial Business Act.
Danish Financial Supervisory Authority "Securities Trading Act", .
Edgar Ramon 20040401, "Where brokers get e-forex quotes", Futures - LA English, vol. 33, no. 5, pp. 40.
Gallardo, P. & Heath, A. 2009, "Execution methods in foreign exchange markets", BIS Quarterly Review, March 2009, .
Hansen, J.L. 2003, Nordic financial market law : the regulation of financial services in Denmark, Finland, Iceland, Norway and Sweden, DJØF Publishing, Kbh.
King, M.R. & Mallo, C. 2010, "A user's guide to the Triennial Central Bank Survey of foreign exchange market activity", BIS Quarterly Review, December 2010, .
King, M.R. & Rime, D. 2010, "The $4 trillion question: what explains FX growth sinde the 2007 survey?", BIS Quarterly Review, December 2010, .
72
Koch, T., Brown, S. & Powers, E. 2009, SLIPPAGE AND THE CHOICE OF MARKET OR LIMIT ORDERS IN FUTURES TRADING, Blackwell Publishers Ltd - LA English.
Levinson, M. 2006, Guide to Financial Markets, 4. ed.,Revised edn, Profile Books Limited, London :.
Liberty, J. 2011, Measuring and avoiding slippage: excessive slippage can bring trading systems to their knees. Various techniques, including the use of stop-limit orders, can defend your bottom line.(TRADING TECHNIQUES), Summit Business Media - LA English.
Martin Kane 20060519, "Doctors should consider CFDs", Irish Medical Times - LA English, vol. 40, no. 20, pp. 42.
Murray Thomas 20091101, "INNOVATIONS IN MANAGING CURRENCY RISK", Corporate Finance Review - LA English, vol. 14, no. 3, pp. 16.
Record, N. 2003, Currency overlay, John Wiley and Sons Ltd, Chichester.
Study Group established by the Markets Committee 2011, "High-frequency trading in the foreign exchange market", .
von Kleist, K., Mallo, C., Mesny, P. & Grouchko, S. 2010, "Report on global foreign exchange market activity in 2010", .
73