Regulated activity

CFD and forex brokerage

Brokering contracts for difference (CFDs) and rolling spot forex needs an investment firm licence under MiFID II, for Annex I Section C(4) and C(9) instruments, and typically combines dealing on own account with order execution. Mandatory leverage limits, negative balance protection and standardised risk warnings apply, and the licence passports across the EEA.

Last verified 2026-09-24Markdown · Data (CC BY 4.0)
CFD and forex brokerage: regulated activityMiFID

Definition

Offering retail and professional clients contracts for difference and rolling spot forex, usually as dealing on own account or order execution.

  • MiFID II, Annex I, Section C(4) and C(9) instruments: official text

Which licence you need

Licence families that typically permit this activity:

Where it can be licensed

Jurisdictions where cfd and forex brokerage can be licensedCyprusCzech RepublicEstoniaGermanyIrelandItalyLatviaLithuaniaLuxembourgNetherlandsPolandSlovakiaSpainMalta

Frequently asked questions

What retail leverage restrictions apply to CFD brokers in Europe?

European regulators cap leverage tightly for retail CFD traders, with lower limits on the more volatile underlying assets. Brokers must also apply margin close-out rules and guarantee negative balance protection on every retail account.

Can a CFD broker operate a B-book model where it trades against clients?

Yes. A broker licensed for dealing on own account can internalise client flow, running a B-book. It still has to disclose its execution policy, manage conflicts of interest openly and meet the same market conduct and best execution standards as anyone else.

Last verified 2026-09-24Author Danil Marmysh, Founder & CEO, ProtegraReviewed by Anastasia Sidorenkova, Head of Licensing, ProtegraReport an errorReference information, not legal advice.

Sources

  1. MiFID II Annex I, Section C(4) and C(9) instruments · retrieved 2026-09-24

Planning cfd and forex brokerage? Get the licence right first

Tell us your model and target markets. We check which licence it needs, and whether a narrower one will do, before you spend on an application.

A free preliminary assessment: we check your business model against the licence before you spend on an application. We handle this licence and any other fintech licence, including jurisdictions the Atlas does not cover yet.