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Broker and investment firm licences: a map of regimes

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Concept

A broker licence is the state's permission to provide investment services in financial instruments: receiving and executing client orders, dealing on own account, advising and managing portfolios. A broker holds client money and securities or becomes the counterparty to client trades, so the law requires capital, qualified management and client asset protection before it starts.

Every regime on this map licenses specific activities, which gives the first rule: the list of services in the application sets the capital, the people and the timeline. In the EU, MiFID II names nine investment services and the Investment Firms Directive (IFD) ties initial capital of €75,000, €150,000 or €750,000 to them (IFD art. 9).

The second rule is that a licence works where the clients are. The map has one passport, the European one: an investment firm authorised in one EU state reaches the others by notification. UK, Hong Kong, Singapore and US licences work in their own markets, and the laws of Hong Kong, Singapore and the US also reach a foreign firm that deals with the local public. Payment services, e-money and crypto-assets that are not financial instruments are licensed under other regimes.

The service sets the capital

An intermediary holding no client assets starts at €75,000 in the EU and £75,000 in the UK; dealing on own account lifts the minimum to €750,000 and £750,000. In the US net capital runs from US$5,000 to US$250,000 depending on whether the broker holds client assets.

Only the EU has a passport

A licence from one EU state extends to the others by notification. The UK left the passporting system at the end of 2020, and Hong Kong requires a licence even from a foreign firm that actively markets its services to the Hong Kong public.

Client protection differs

EU compensation schemes cover at least €20,000 per investor, the UK's FSCS up to £85,000 and SIPC in the US up to US$500,000. In Singapore client money sits in a trust account with a local bank; in the Astana International Financial Centre (AIFC) it is kept apart from the broker's own funds.

One broker, three markets

A broker that executes orders for retail clients and holds their money needs three different licences in the EU, the UK and Hong Kong. Cyprus stands for the EU in the example; the figures follow MiFID II, MIFIDPRU 4.4.1R and the SFC Licensing Handbook.

ParameterEU (Cyprus)United KingdomHong Kong
LicenceCySEC investment firm under MiFID IIFCA permission under FSMA Part 4ASFC Type 1, dealing in securities
Capital with client assets€150,000£150,000HK$5 million paid-up and HK$3 million liquid capital
TimelineUp to six months from a complete applicationSix months by statute; median 138 daysAbout 15 weeks on the SFC's estimate
PeopleAt least two persons directing the businessHead office and registered office in the UKAt least two responsible officers per activity
Client compensation90% of the claim, up to €20,000Up to £85,000Up to HK$500,000 on Hong Kong exchange products
TerritoryThe whole EU by notificationThe UK; no EU passportHong Kong, including active marketing from abroad

Three licences bring three capital measures in three currencies, and the EU passport replaces neither of the other two. The choice therefore starts with where the clients live and only then turns to the price of the licence.

Payment, e-money and bank regimes are collected in “Financial Licenses by Jurisdiction”, crypto regimes in “Crypto Licences by Jurisdiction” and lending in “Lending licences: EU, UK, Hong Kong, Singapore and Kazakhstan”. The same brokers seen from the client's side — which entity signs the contract and which scheme covers it — are in “International Brokerage Account”. The “Financial Licences” hub places broker licences among the rest, and UAE broker regimes are in the UAE licence map.

What a broker licence covers

Each regime splits brokerage into activities: the nine MiFID II services in the EU, Part 4A permissions in the UK, SFC types in Hong Kong, activities and product types in a Singapore capital markets services (CMS) licence, broker and dealer in the US, and separate activities in the AIFC.

Capital follows the riskiest activity applied for, and the Singapore and AIFC rules say expressly that where several activities are licensed, the highest requirement applies (MAS, AFSA). The steps are much the same everywhere: an intermediary that never touches client money or securities; a broker that receives or holds them; a firm that deals on own account. Capital by licence type is covered in detail in “Regulatory Capital”.

The map: 16 regimes on eight axes

Sixteen regimes — seven EU states, the UK, Hong Kong, Singapore, the US, two in Kazakhstan (the AIFC and the domestic market) and three offshore — are compared on eight axes in three tables. The seven EU states share one row because their services, capital and passport are common; how they differ is the subject of the next section. The first table shows the perimeter: who grants the licence, for what, and where it works.

RegimeRegulator and actWhat is licensedPassport and territory
EU: seven statesNational regulator; MiFID II and the IFDThe nine investment services of MiFID II Annex IPassport by notification; a third-country firm without authorisation only at the client's own exclusive initiative
United KingdomFCA; FSMA 2000, Part 4ARegulated investment activitiesThe UK; the EEA passport ended on 31.12.2020
Hong KongSFC; Securities and Futures Ordinance (SFO)Types 1, 2, 4, 9 and others among 13 typesA licence is also needed to market actively to the Hong Kong public from abroad
SingaporeMAS; Securities and Futures Act 2001, Financial Advisers Act 2001CMS licence by activity; financial adviser's licenceThe Act may apply to acts abroad with a substantial effect in Singapore
United StatesSEC and FINRA; Securities Exchange Act 1934A broker effects securities trades for others, a dealer trades for its own account as a businessRegistration for trades using the mails or interstate commerce; Rule 15a-6 exemptions
Kazakhstan: AIFCAFSA; General Prohibition in s.24 of the AIFC Financial Services Framework Regulations (FSFR)Dealing as agent or principal, managing, custody, arranging, advisingAIFC participants and non-residents; residents only per Schedule 2 of the currency rules
Kazakhstan outside the AIFCARDFM; Law on the Securities MarketOne broker-dealer licence, with or without the nominee-holder rightThe Kazakh domestic market
SeychellesFSA; Securities Act 2007Business as a securities dealerNotice to the FSA of every country served, with assurance that it allows its residents to deal with the firm
BVIFSC; Securities and Investment Business Act 2010 (SIBA)Dealing as agent or principal, arranging dealsA licence is needed by a BVI company even abroad and by anyone soliciting persons in the BVI
Cayman IslandsCIMA; Securities Investment Business Act (SIBA)Broker-dealer, securities arranger, restricted licence for up to 20 clientsOperating without a licence or registration is an offence: a $100,000 fine and a year in prison

The second table covers entry: capital, regulator's fee, timeline and route. Timelines are labelled: “by statute” is the rule in the act, while “estimate” and “median” are the regulator's own figures.

RegimeCapital by statuteFee and timelineEntry route
EU: seven states€75,000 without client money or securities, €150,000 with them, €750,000 for dealing on own account and underwritingFees from €947 in Lithuania to €50,000 in Luxembourg; up to six months from a complete application by statuteA licence in one state; tied agent of another investment firm
United Kingdom£75,000, £150,000 or £750,000 on the same steps£280–225,170 by category; 6 and 12 months by statute, median 138 daysPart 4A permission; appointed representative for arranging and advising
Hong KongType 1: HK$5 million paid-up and HK$3 million liquid capital; Types 4 and 9 without client assets — HK$100,000 liquidHK$4,740 per activity; about 15 weeks on the SFC's estimateSFC licence; Type 1 covers wholly incidental advice and management
SingaporeS$50,000 – S$5 million by type of dealing, exchange membership and client baseS$1,000; up to six months on MAS's estimate, median 5.5 months in 2025CMS licence; exemptions, including for proprietary trading
United StatesNet capital from US$5,000 without client assets to US$250,000 for carrying customer accounts; dealer — US$100,000SEC decision within 45 days; FINRA within 30 days of the membership interviewSEC registration and FINRA membership
Kazakhstan: AIFCUS$50,000 for dealing as agent, US$500,000 for dealing as principal and custodyUS$14,000 for dealing; two to three months on the AFSA's estimateAFSA licence; Recognised Non-AIFC Member status to reach the AIX exchange
Kazakhstan outside the AIFC10,000 monthly calculation indices, MCI (KZT 43.25 million), without the nominee-holder right, 50,000 MCI (KZT 216.25 million) with it, plus operational risk30 working days by statuteARDFM licence with or without the nominee-holder right
SeychellesUS$100,000 paid-up capital held in a bank accountUS$3,000 and US$6,000 a year; 30 working days under the FSA's service standardFSA licence
BVINo general minimum; set by the FSC case by caseUS$2,200 to apply and US$3,300 on grant and yearlyFSC licence by category
Cayman IslandsGreater of ¼ of annual expenditure and $100,000, plus risk requirementsCI$1,000 to apply, CI$10,000 on grant and yearlyLicence, or registration as a registered person

The third table covers operation after grant: who must run the firm and what the law does with client money and assets.

RegimeManagement and presenceClient assets, compensation, oversight
EU: seven statesAt least two persons directing the business; head office in the state of registration (MiFID II arts 5(4)(a) and 9(6))Protection of client ownership rights on the firm's insolvency; compensation of at least €20,000
United KingdomHead office and registered office in the UK; FCA threshold conditionsFSCS — up to £85,000 per person per firm
Hong KongAt least two responsible officers per activity, at least one an executive directorInvestor Compensation Fund — up to HK$500,000 on Hong Kong exchange products and Stock Connect
SingaporeTwo directors, one resident; resident CEO; MAS approvalTrust account with a Singapore bank by the next business day
United StatesTwo General Securities Principals where there is more than one associated personSIPC — up to US$500,000, of which up to US$250,000 for cash claims
Kazakhstan: AIFCAFSA-approved Senior Executive Officer, Finance Officer, Compliance Officer and MLRO; the MLRO generally residentClient money segregated; professional clients may opt out in writing
Kazakhstan outside the AIFCLegal entities from offshore zones on the ARDFM list generally may not hold voting sharesClient accounts as nominee holder only under a licence with that right
SeychellesTwo natural-person directors, one a full-time resident; a licensed representativeRetail CFDs: money-only margin, negative balance protection
BVIThe board answers for capital adequate to the businessThe FSC sets each licensee's capital requirement individually
Cayman IslandsRegistration of a firm serving only sophisticated and HNW persons requires an office in the islands serviced by a licensed providerFinancial resources above the requirement; a broker-dealer reports monthly

What the map shows

The lowest capital minimum set by law is US$5,000 of net capital for a US broker that neither receives nor holds client assets; the BVI sets no general minimum. The highest thresholds are HK$5 million paid-up for Hong Kong Type 1 (HK$10 million with securities margin financing), S$5 million for a Singapore clearing member and for a leveraged FX dealer with retail customers, and €750,000 and £750,000 for dealing on own account in the EU and the UK.

The shortest statutory timelines are 30 working days in Kazakhstan outside the AIFC and 45 days at the SEC, though US registration takes effect only with FINRA membership; the EU and the UK allow the regulator six months from a complete application. In practice the FCA's median was 138 days in January–March 2026 and MAS's 5.5 months in 2025, while the SFC and the AFSA give guide figures of about 15 weeks and two to three months.

Territory constrains more than money: only an EU licence passports, and only within the Union, and the Seychelles licence also requires the dealer to confirm that each client's country allows dealing with it.

EU: seven states, one passport

MiFID II and the IFD make services, capital, the six-month decision period, client asset protection and the passport the same in all seven states. How these rules work, including investment firm classes, is explained in “MiFID II Investment Firm”, and the passport in “EU Passporting”. The states differ in regulator, fee, how the timeline is counted, presence requirements and compensation scheme.

StateRegulator, act, presenceTimeline and application feeInvestor compensation
CyprusCySECUp to six months (MiFID II); fee €7,000 for services 1–7, €25,000 for an MTF or OTF; +€500 per ancillary service, +€2,000 for algorithmic tradingCompensation fund: the lower of 90% of claims and €20,000
MaltaMFSA; Investment Services Act (Cap. 370): a licence is needed for services “in or from within Malta”Six months from a properly completed application; fee by range of services — €4,250–15,000 in 2026, €5,000–19,000 from 2027Compensation scheme: 90% of the loss, up to €20,000
BulgariaFinancial Supervision Commission (FSC); Markets in Financial Instruments ActThree months from confirmed completeness; fee €10,225.84 for a full licenceCompensation fund: 90%, up to €20,000 from 01.01.2026
LithuaniaBank of Lithuania; Law on Markets in Financial InstrumentsUp to six months from complete documents; €947Value of assets not returned, up to €22,000
EstoniaFinantsinspektsioon; Securities Market Act; public limited company (AS) only, applications through the portal since 18.03.2026Two months from complete information, no later than six from filing; €1,000Guarantee Fund: up to €20,000
IrelandCentral Bank of Ireland; S.I. No. 375 of 2017Six months from the formal application, which follows a meeting and a Key Facts Document and is filed only on the Central Bank's invitationICCL: 90%, up to €20,000
LuxembourgCSSF; Law of 5 April 1993 on the financial sector; two managers resident in Luxembourg or the Greater RegionSix months, 12 at most, silence counts as refusal; fee €50,000SIIL: up to €20,000

ESMA considers that the absence of the persons directing the business and of key compliance and risk staff from the state of registration may be a ground to refuse or withdraw authorisation (ESMA35-43-762).

Annual fees come on top of the application fee: the CSSF, for example, charges €37,125 a year for reception and transmission of orders as a class 2 firm (€24,750 as class 3) and €123,750 for dealing on own account.

Under Directive 97/9/EC cover is at least €20,000 per investor, and a state may cap the payout at no less than 90% of the claim. The schemes restore money and instruments the firm cannot return; they do not cover market losses. Schemes across countries are compared in the “Client Asset Protection Map”.

Since 18 August 2026 every Maltese licence holder in Class 1, 1 Minus, 2 or 3 under the Investment Firms Regulation (IFR) must participate in the scheme, including firms without client money; only firms serving exclusively non-retail investors are exempt (L.N. 224 of 2026). From the second year after licensing a participant pays a fixed contribution of €5,000 (Class 3) to €40,000 (Class 1 and 1 Minus), and firms with retail clients also keep reserves of 0.1% and 1% of investment-services revenue.

A detailed comparison of the seven states for choosing where to set up an investment firm is covered in a separate article.

The UK, Hong Kong, Singapore and the US

The four national regimes differ in actual timelines, fees and the line the law draws for foreign firms and individuals.

RegimeTimelines, fees and capital in practiceRegime boundary and people
United KingdomMedian for January–March 2026: 241 days for consumer investments firms, 209 for wholesale; fee £11,260 for most MiFID investment managers, £2,820 for advisersOperating without authorisation is a criminal offence punishable by up to two years' imprisonment; the temporary permissions regime for EEA firms ended on 31.12.2023
Hong KongResponsible officer approval — about 10 weeks and HK$2,950 per activity; Type 1 with margin financing — HK$10 million paid-up capitalThe SFC licenses individuals only if they come to work in Hong Kong; a responsible officer stationed overseas receives a non-sole condition
SingaporeAfter in-principle approval, six months to meet the conditions; median 5.5 months in 2025 against 6.5 in 2024; the annual fee adds up by activityAdvice and research need a separate financial adviser's licence; the Act reaches conduct abroad (SFA s.339)
United StatesFINRA decides within 30 days of the membership interview; with no decision after 180 days the applicant may go to the FINRA BoardSEC registration takes effect only with FINRA membership; without it a foreign broker-dealer relies on the Rule 15a-6 exemptions

The regimes are covered in detail in the articles on the FCA investment firm, on SFC licensing in Hong Kong, “Singapore: CMS Dealing Licence and Financial Adviser's Licence” and on the US broker-dealer. The other UK authorisations are in “UK: the FCA Authorisation Map”, and the country context in the hubs “Hong Kong: Companies, Residency, Banking and Licences” and “Singapore — Business, Investments, Residence, Banking”.

Kazakhstan: the AIFC or the domestic market

Kazakhstan runs two separate regimes. In the AIFC the AFSA licenses brokers under the Centre's own law, capital is set in dollars and clients are Centre participants and non-residents. On the domestic market the Agency for Regulation and Development of the Financial Market (ARDFM) grants the licence and capital is set in monthly calculation indices (MCI), with one MCI at KZT 4,325 in 2026 (budget law). In the ARDFM adequacy ratio operational risk is added to the minimum capital, and its absolute part is 15,000 MCI, or KZT 64.875 million (methodology).

A foreign broker licensed to trade on an exchange in an acceptable jurisdiction can reach the AIFC exchange AIX without a Kazakh company: the AFSA recognises it as a Recognised Non-AIFC Member where the regime is broadly equivalent and a cooperation arrangement with the home regulator exists (FSFR). Both regimes are covered in detail in “Broker licence in Kazakhstan: AFSA in the AIFC or ARDFM onshore”, and the Centre's law in “AIFC”.

Offshore dealers: Seychelles, the BVI and the Cayman Islands

The three offshore regimes define their own territory differently and allow different ways to work without a full licence.

  • In Seychelles a dealer must notify the FSA of every country where it offers services, declare through its board that it will comply with that country's laws and confirm that the country allows its residents to deal with it (conduct of business regulations).
  • In the BVI a licence is needed by a BVI company even when it does business abroad, and by anyone soliciting clients in the islands.
  • In the Cayman Islands a firm can register instead of taking a licence if it serves only its own group, only sophisticated and high-net-worth persons through an office in the islands, or is regulated for that business by a recognised overseas regulator (SIBA); a restricted licence allows no more than 20 named clients and costs CI$5,000 (CIMA fees).

The detail is in “Offshore Broker Licences: Seychelles, BVI and Cayman”.

Choosing by product

The product decides the services, the services decide the capital, and the clients decide the territory.

Execution broker

A broker that receives, transmits and executes orders crosses the same line almost everywhere: whether it touches client money and securities (IFD art. 9, Rule 15c3-1).

RegimeNo client money or securitiesWith client money or securities
EU and UK€75,000 and £75,000€150,000 and £150,000
United StatesUS$5,000US$50,000 if the broker receives client securities without holding them; US$250,000 if it carries their accounts
Hong Kong, Type 1Introducing agent: HK$500,000 of liquid capitalHK$5 million paid-up and HK$3 million liquid
Kazakhstan outside the AIFC10,000 MCI without the nominee-holder right50,000 MCI with it

In Singapore the line runs by exchange status: an introducing broker holds S$500,000 of base capital, a trading member or non-member S$1 million, a clearing member S$5 million. In the AIFC dealing as agent requires US$50,000 and custody US$500,000.

CFDs and leveraged FX

A broker that executes client orders in contracts for difference (CFDs) by dealing on own account provides MiFID II service 3, and its capital is €750,000.

The product is also restricted for retail clients: ESMA's 2018 measures set leverage limits from 30:1 on major currency pairs to 2:1 on cryptocurrencies, a 50% margin close-out, negative balance protection and a ban on incentives (ESMA). Since 2019 every national regulator in the EU has applied permanent measures mostly mirroring them, and in ESMA's 2026 view leveraged perpetual futures, including on crypto-assets, are likely in scope (ESMA35-243228190-8024).

RegimeCapitalRules for retail CFDs and FX
EU€750,000 for dealing on own accountNational measures modelled on ESMA's: leverage from 30:1 to 2:1
United Kingdom£750,000 for dealing on own accountCOBS 22.5, including for branches of third-country firms: margin from 3.33% on major currency pairs to 20% on shares
SingaporeS$5 million with retail leveraged FX customers, S$1 million withoutFX CFDs and leveraged FX: minimum margin 5%, leverage up to 20:1
SeychellesUS$100,000Appropriateness test, money-only margin, negative balance protection; no leverage limits

For a firm trading only its own money the map offers three tests. The outcome depends on whether the firm does anything for clients or in the market beyond trading its own capital.

RegimeNo licence neededLicence needed
EUDealing on own account with no other investment services, outside commodity derivatives and emission allowances (MiFID II art. 2(1)(d))Market maker, member or participant of a regulated market or MTF, high-frequency trading, executing client orders on own account
SingaporeTrading for its own or a related corporation's account with or through regulated financial institutionsDealing with customers or outside that circle
United StatesTrading for its own account but not as part of a regular business: not a dealerBuying and selling securities for its own account as a business: dealer registration and US$100,000 net capital

Advisory

Investment advice without client assets sits on the lowest capital step, and in two regimes it can be given under someone else's licence.

RegimeWhat an adviser needs
EUMiFID II service 5; €75,000 without client assets
United Kingdom£75,000 under its own permission, or appointed representative status under a principal's responsibility
Hong KongType 4 with HK$100,000 of liquid capital; not needed by a Type 1 firm if the advice is wholly incidental to dealing
SingaporeA financial adviser's licence unless exempt; median admission time 4.1 months in 2025
United StatesA broker-dealer needs no adviser status while its advice is solely incidental to brokerage and earns no special compensation
AIFCAdvising on Investments: US$10,000 of capital, fee US$7,000

The US carve-out is in Advisers Act s.202(a)(11)(C); beyond it the firm needs registered investment adviser (RIA) status.

Managed accounts

Portfolio management without client assets costs €75,000 and £75,000 in the EU and the UK, and €150,000 and £150,000 with them; in the AIFC managing investments requires US$150,000. In Hong Kong the Type 1 incidental exemption does not apply where an assets-under-management fee is charged for discretionary accounts: that is a distinct service and needs Type 9.

In Singapore operating discretionary accounts for customers is fund management, so a dealer must add fund management to its CMS licence (MAS FAQs). More in the articles on the Singapore fund management licence and on where the fund manager sits; a comparison of Hong Kong Type 9 with Singapore fund management is covered in a separate article.

Crypto broker

A crypto broker first decides whether its tokens are financial instruments. In the EU MiCA does not apply to crypto-assets that qualify as financial instruments, so tokenised securities and crypto derivatives stay under MiFID II (MiCA art. 2(4)(a)). The CASP procedure is in “The MiCA CASP Licence” and the regime itself in “MiCA”.

RegimeRule for a broker
EUAn investment firm adds equivalent crypto-asset services by notifying its regulator 40 working days ahead (MiCA art. 60(3))
Hong KongA Type 1 intermediary deals in virtual assets only through SFC-licensed platforms and only for its own Type 1 clients (SFC circular)
SingaporeA payment-token-only platform is outside the SFA; admitting securities tokens makes it an organised market (MAS)
United StatesSEC staff statement of 17.12.2025 on broker-dealer custody of crypto asset securities; no legal force

The new Hong Kong dealing and custody licences are covered in “Hong Kong: the new virtual-asset dealing and custody licences”. For tokens that are not securities the choice leads to “Crypto Licences by Jurisdiction”.

Models at a glance

ModelShortest routeWhere it breaks
Execution broker without client assetsEU or UK on the lowest step; US$5,000 of net capital in the USTaking client money moves the firm to the next capital step
Retail CFDs and leveraged FXAn EU licence with dealing on own account and a passport€750,000 and leverage limits; an offshore licence does not open EU or UK retail
Prop tradingTrading only own capital within the exemptionsClient orders, exchange membership or high-frequency trading in the EU
AdvisoryAppointed representative in the UK; Type 1 with incidental advice in Hong KongA separate fee for advice in the US; a separate licence in Singapore
Managed accountsPortfolio management in the EU; Type 9 in Hong KongIn Singapore it is fund management
Crypto brokerAn EU investment firm with a MiCA notificationHong Kong — only through licensed platforms

Entry without a licence of one's own

Almost every regime allows work under someone else's licence, or without a licence in narrow cases. In the agent models the licence holder stays responsible and the product is limited by its permission.

RouteRegimeWhat is allowedLimit
Tied agentEUSoliciting clients, receiving and transmitting orders, placing, advising on the firm's behalfThe firm is fully and unconditionally responsible; the agent is on a public register
Appointed representativeUnited KingdomArranging deals, advising, arranging safeguarding under the principal's responsibilityManaging investments and dealing in investments excluded
Client's own initiativeEUA service to an EU client who made the approachAny solicitation in the EU ends the exemption; no new product categories may be offered
Rule 15a-6United StatesUnsolicited trades; research to institutions with over US$100 million in assets; institutional trades through a US broker-dealerSolicitation only of institutional investors and through a registered broker-dealer
Recognised Non-AIFC MemberAIFCAccess to the AIX exchange without presence in the AIFCAn exchange licence in an acceptable jurisdiction and an AFSA arrangement with the home regulator
Registered personCayman IslandsRegistration instead of a licenceOwn group only, sophisticated and HNW persons only, or overseas regulation

Tied agents are governed by MiFID II art. 29, appointed representatives by reg 2 of the Appointed Representatives Regulations 2001, and foreign broker-dealers in the US by Rule 15a-6. Licence-rental models are covered in “License for Rent” and UK hosting in the article on UK regulatory hosting. Buying an existing licensee is described in “Change of Control and Buying a Licensed Company”, and vetting of owners in “Qualifying Holdings and Fit & Proper”.

The costliest mistake on the map is treating an offshore licence as a basis for serving retail clients in the EU and the UK.

The other practices look lawful on paper, but each breaks on a specific rule.

PracticeRule and consequence
A “client approached us” clause in the terms of business or an “I agree” pop-upESMA calls such clauses questionable; any solicitation ends the exemption (ESMA35-43-2509)
An EU investment firm run from another countryThe absence of directing persons in the state of registration may be a ground to refuse or withdraw authorisation (ESMA35-43-762)
Dealing with clients on own account under a licence to receive and execute ordersDealing on own account is a separate service with €750,000 of capital (IFD art. 9(1))
A prop firm executing client orders on own accountThe MiFID II art. 2(1)(d) exemption does not cover it
A Maltese licence without client money counting on staying outside the compensation schemeSince 18.08.2026 every Class 1–3 licence holder with retail clients participates
An assets-under-management fee for discretionary accounts under Hong Kong Type 1The incidental exemption fails; Type 9 is needed
Discretionary accounts under a Singapore dealing licenceThis is fund management; the activity must be added to the CMS licence
Marketing to the Hong Kong public from abroad without a licenceActive marketing requires an SFC licence (SFO s.115)
Operating in the Cayman Islands without a licence or registrationA $100,000 fine, a year in prison and $10,000 for each day the offence continues

Q/A

Choosing a licence

Which licence does a CFD broker need?

A broker that becomes the counterparty to client trades deals on own account: in the EU that is service 3 with €750,000 of capital, in the UK £750,000. Retail business faces leverage limits of 30:1 to 2:1 in the EU, margin from 3.33% in the UK and 5% in Singapore, where a leveraged FX dealer with retail customers needs S$5 million of capital.

What is the cheapest way into the EU?

Capital is the same in every EU state, so fees and timelines make the difference. Application fees range from €947 in Lithuania and €1,000 in Estonia to €50,000 in Luxembourg. Estonia runs its six-month outer limit from filing, Lithuania and Malta from a complete application. Since August 2026 Malta has a new compensation-scheme contribution model of €5,000 to €40,000 a year.

Does an offshore licence allow serving EU clients?

No. Without EU authorisation a third-country firm may serve only a client who approached it at the client's own exclusive initiative, and any solicitation in the Union ends that exemption. A Seychelles dealer must also confirm to the FSA that the client's country allows its residents to deal with it.

Timelines and capital

How long does a broker licence take?

By statute: six months from a complete application in the EU and the UK, 45 days for an SEC decision in the US, 30 working days in Kazakhstan outside the AIFC. On regulators' figures: a median of 138 days at the FCA in early 2026, 5.5 months at MAS in 2025, about 15 weeks at the SFC and two to three months at the AFSA.

How much capital does a broker without client assets need?

€75,000 in the EU, £75,000 in the UK and US$5,000 of net capital in the US. In Hong Kong a Type 1 introducing agent holds HK$500,000 of liquid capital with no paid-up minimum; in Singapore a firm dealing only with accredited, expert and institutional investors and holding no customer positions or money needs S$50,000.

Does a firm trading only its own money need a licence?

In the EU, no, if it provides no other investment services, is not a market maker or a member of an exchange or MTF, does not use high-frequency trading and does not execute client orders on own account. In the US a person trading for its own account but not as a regular business is not a dealer. In Singapore proprietary trading with or through regulated institutions is exempt from the CMS licence.

Client money and crypto-assets

What protects client money in each regime?

In the EU, compensation schemes covering at least €20,000 per investor; in the UK, the FSCS up to £85,000; in Hong Kong, the Investor Compensation Fund up to HK$500,000 on exchange products; in the US, SIPC up to US$500,000. Singapore requires a trust account with a local bank, the AIFC segregation of client money, and Seychelles negative balance protection for retail CFD clients.

Can an EU investment firm offer crypto-assets?

Yes. Tokenised securities and crypto derivatives already stay under MiFID II, and the firm may provide equivalent crypto-asset services under MiCA after notifying its regulator at least 40 working days in advance. In ESMA's view, retail perpetual futures on crypto-assets are likely caught by the CFD restrictions.

Can a Hong Kong broker deal in virtual assets?

Only in partnership with SFC-licensed platforms — by introducing clients or through an omnibus account — and only for its own Type 1 clients. The conduct requirements are imposed as licensing conditions.

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Gordey BolotkoPartner, Corporate & Commercial

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