Is binary options legal

Binary Options Laws and Legal Situation in the USA.

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The world of binary options trading is full of interesting ironies. For instance, this industry began in the US, but the interesting thing is that the country has binary options laws and regulations that alienate most world-class industry players.

Binary options trading is very popular in the US, and for years, these traders have had no local brokers to turn to. The only option was to use overseas binary options brokers that accept USA traders.

As you can imagine, this workaround was fraught with dangers, and many US traders have lost their money to scam brokers in their attempts to find binary options brokers that would welcome their business.

Additionally, many of the leading licensed binary options brokers could not accept US traders because they were trying to protect themselves. Offering unlicensed binary options trading services has caused the end of many binary options brokers.

And any half-decent broker that has worked hard to obtain licensing from a reputable authority would not risk losing it or ruining its reputation by being on a major government’s blacklist of unlicensed binary options operators.

The point is, there is no way you can be completely safe by using an offshore binary options broker as a US trader. Although binary options trading is legal in the US as per the country’s federal and state laws, the authority with the mandate to issue broker licenses is not very generous with these licenses.

Only NADEX has been given the mandate and actual US binary license to offer binary options trading in the country.

Future of US Options Regulation.

Offshore Trading Service Providers.

US Trading Laws and Regulations.

USA Service Providers’ Toplist.

Why are US Trading Laws so Weird?

Is Binary Options Trading Legal in the USA?

The funny thing is that a US resident can trade binary options without having to run into any legal problems. Only brokers run the risk of facing adverse legal action for operating in this market. But the fact that the US has a licensed binary options operator – NADEX – should prove beyond doubt that this industry is legal in this country.

The Role of US Financial Regulators.

The CFTC and the SEC have the authority to award licenses to suitable binary options operators. But before doing that, they have the much more difficult job of ensuring that the companies getting such licenses are safe, secure, and offer financial services that are permissible under the US law.

Most offshore brokers don’t fit the bill, especially when it comes to that last part. So it should not come as a surprise that just NADEX has the legal authority to offer binary options trading services in the US at the moment. The country’s laws are generally very unfavourable to offshore companies, which is why none of them has earned the regulators’ approval so far.

The truth is that some of these foreign companies are very good, and would easily meet the licensing requirements of the US regulators. However, their notoriously cautious approach to binary options licensing makes this an unachievable dream for many of these companies.

Use Only US-Licensed Binary Options Companies to be Safe.

A US binary options trader should find a broker that has been licensed to offer its services to US residents. The most prominent example of such a broker is NADEX, which is regulated by the Commodity Futures and Trading Commission (CFTC).

This binary options operator has the authority to market binary options services in the US and accept US account holders. It also has to honor some of the most stringent operational requirements in the world. Naturally, that also makes it one of the best platforms for binary options trading.

Sure, lots of US binary options traders use brokers regulated in Europe or some other offshore jurisdiction. For most part, the best of these companies are safe for US traders. But that is not enough because they also don’t really meet the legal obligations needed to serve US clients.

That generally means that US traders who have issues with their offshore binary options brokers have no way of getting protection under local laws. What that says is that offshore binary options companies should be avoided, however reputable their operations.

Only a broker that respects US binary options regulations – such as NADEX – can offer an ideal trading environment for a US trader. The binary options world has its fair share of surprises. So, it’s always better to be on the right side of the law in case things go south such as when a respected binary options regulator decides to make drastic changes to its laws, putting the future of such companies and their customers in question.

US Always Cracking Down on Offshore Brokers.

Another reason to avoid offshore brokers and stick to options like NADEX, however limited they may be, is that this country is always cracking down on binary options companies it has not licensed. So, any offshore company that is proving popular among US traders is usually well on its way to attracting the sort of attention that will get it on the country’s warning list.

It should be pretty obvious that working with a binary options broker that has appeared on some blacklist or another is generally not a good idea. Usually, this is a sign that, as a resident, you are on your own if things go wrong.

Obviously, this is because such a binary options company will feel less obliged to protect your interests. Besides, such bans mean that the company may have to terminate some key features for traders in such territories to avoid further legal problems. These can include restricted payment processing options, reduced client support services and so forth.

The other problem is that the binary options laws are still a work in progress in many parts of the world. And at any time, a legislation may be passed that could make previously tolerated operators to be viewed in negative light. This could result in them getting targeted for being in violation of local laws, and this would put the traders at risk as well.

US Binary Options Laws Still In Development.

One of the reasons that offshore brokers find it impossible to get US licensing is that the country is yet to have laws that recognize this industry for what it is. In future, this may change and offshore companies could have the authority to operate in the US legally.

When the legal environment becomes permissive, leading global binary options operators will without a doubt seek US licensing and offer their services to US traders without any hiccups. But until then, it is highly recommended that you stick to US-regulated binary options operators, however, limited this list might be.

The Best US-Licensed Binary Options Operators.

That’s easy. It’s NADEX. Only this company has managed to obtain the license to offer binary options trading services in the US. That has made it the only option a US trader can use without resulting to offshore brokers that accept US traders at the moment.

It is quite a relief that even when ranked against the best offshore broker options available to US traders, NADEX does pretty well. The quality of services it offers are quite good. With this company, client funds are also very safe and secure because NADEX has to segregate client and company funds.

US binary options traders can also expect to trade with as little as a dollar, try demo trading before using real money, and enjoy bonuses when they join this company. The platform, though proprietary, is also very well designed; and its quality is at par with the best the industry has to offer at the moment.

For this reason, NADEX is the perfect, albeit the only option for binary option traders in this country. The stringent CFTC licensing it possesses means that you can expect impeccable ethical and business conduct from this company. Besides, you can rest assured that the US law will be on your side in case the company does anything unprofessional in its dealings with you.

With offshore companies, you are mostly on your own. The laws that regulate such companies usually prioritize the safety of clients within the countries issuing the licenses. Therefore, as a US trader, no authority might help you if your rights are violated.

But with a US regulated binary options operator, you can bet that things will be different. Which is why you should stick to using a company like NADEX, even though it is your only option at the moment.

Latest Binary Options Articles & Guides.

In this article I will try to answer the question why binary options laws in the United States are so weird. I will also attempt to figure out how binary options regulations and legislation might change in the future.

In this article I will talk about the future of binary options legislation in the United States. The US has at this moment one of the most restrictive binary options laws but will this always be the case?

There are many binary options brokers in the United States but most of them are located in offshore jurisdictions. Check out and see whether or not these offshore binary options brokers are safe.

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4 Comments on "US Brokers"

If we do trade binary options from a broker outside the USA, do we have to pay taxes on any earnings?

why not try using U. S regulated brokers, most at times its been found that those regulated outside U. S are scammers , just saying.

We would like traders to give their views and feedback to us. What was your experience using Binary Trading? Did you make money? Did you lose money? Do you thing the US strict laws on not allowing Binary Brokers in at the moment is correct? Voice out and we make your voice heard. see us on binarytradingglobal a website that reviews brokers and accepts feedback from binary traders.

A Guide to Trading Binary Options in the U. S.

Binary options are based on a simple yes or no proposition: Will an underlying asset be above a certain price at a certain time? Traders place trades based on whether they believe the answer is yes or no, making it one of the simplest financial assets to trade. This simplicity has resulted in broad appeal amongst traders and newcomers to the financial markets. As simple as it may seem, traders should fully understand how binary options work, what markets and time frames they can trade with binary options, advantages and disadvantages of these products, and which companies are legally authorized to provide binary options to U. S. residents.

Binary options traded outside the U. S. are typically structured differently than binaries available on U. S. exchanges. When considering speculating or hedging, binary options are an alternative, but only if the trader fully understands the two potential outcomes of these exotic options. (For related reading, see What You Need To Know About Binary Options Outside The U. S. )

U. S. Binary Options Explained.

Binary options provide a way to trade markets with capped risk and capped profit potential, based on a 'yes' or 'no' proposition.

For example: Will the price of gold be above $1,250 at 1:30 p. m. today?

If you believe it will be, you buy the binary option. If think gold will be below $1,250 at 1:30 p. m., then you sell this binary option.

The price of a binary option is always between $0 and $100, and just like other financial markets, there is a bid and ask price.

The above binary may be trading at $42.50 (bid) and $44.50 (offer) at 1 p. m. If you buy the binary option right then you will pay $44.50, if you decide to sell right then you'll sell at $42.50.

Let's assume you decide to buy at $44.50. If at 1:30 p. m. the the price of gold is above $1,250, your option expires and it becomes worth $100. You make a profit of $100 - $44.50 = $55.50 (less fees). This is called being in the money.

But if the price of gold is below $1,250 at 1:30 p. m., the option expires at $0. Therefore you lose the $44.50 invested. This called out of the money.

The bid and offer fluctuate until the option expires. You can close your position at any time before expiry to lock in a profit or a reduce a loss (compared to letting it expire out of the money).

A Zero-sum Game.

Eventually every option settles at $100 or $0; $100 if the binary option proposition is true, and $0 if it turns out to be false. Thus each binary option has a total value potential of $100, and it is a zero-sum game – what you make someone else loses, and what you lose someone else makes.

Each trader must put up the capital for their side of the trade. In the examples above, you purchased an option at $44.50, and someone sold you that option. Your maximum risk is $44.50 if the option settles at $0, therefore the trade costs you $44.50. The person who sold to you has a maximum risk of $55.50 if the option settles at $100 ($100 - $44.50 = $55.50).

A trader may purchase multiple contracts, if desired.

Another example: NASDAQ US Tech 100 index > $3,784 (11 a. m.).

The current bid and offer is $74.00 and $80.00, respectively. If you think the index will be above $3,784 at 11 a. m., you buy the binary option at $80 (or place a bid at a lower price and hope someone sells to you at that price). If you the think the index will be below $3,784 at that time, you sell at $74.00 (or place an offer above that price and hope someone buys it from you).

You decide to sell at $74.00, believing the index is going to fall below $3,784 (called the strike price) by 11 a. m. And if you really like the trade, you can sell (or buy) multiple contracts.

Figure 1 shows a trade to sell five contracts (size) at $74.00. The Nadex platform automatically calculates your maximum loss and gain when you create an order, called a ticket.

Nadex Trade Ticket with Max Profit and Max Loss (Figure 1)

The maximum profit on this ticket is $370 ($74 x 5 = $370), and the maximum loss is $130 ($100 - $74 = $26 x 5 = $130) based on five contracts and a sell price of $74.00. (For more on this topic, see Introduction To Binary Options. )

How the Bid and Ask are Determined.

The bid and ask are determined by traders themselves as they assess the probability of the proposition being true or not. In simple terms, if the bid and ask on a binary option are at 85 and 89, respectively, then traders are assuming a very high probability that the outcome of the binary option will be yes, and option will expire worth $100. If the bid and ask are near 50, traders are unsure if the binary will expire at $0 or $100 – it's even odds.

If the bid and ask are at 10 and 15, respectively, that indicates traders think there is a high likelihood the option outcome will be no, and expire worth $0. The buyers in this area are willing take the small risk for a big gain. While those selling are willing to take a small – but very likely – profit for a large risk (relative to their gain).

Where to Trade Binary Options.

Binary options trade on the Nadex exchange, the first legal U. S. exchange focused on binary options. Nadex provides its own browser-based binary options trading platform which traders can access via demo account or live account. The trading platform provides real-time charts along with direct market access to current binary option prices.

Binary options are also available through the Chicago Board Options Exchange (CBOE). Anyone with an options-approved brokerage account can trade CBOE binary options through their traditional trading account. Not all brokers provide binary options trading, however.

Each Nadex contract traded costs $0.90 to enter and $0.90 to exit. The fee is capped at $9, so purchasing 15 lots will still only cost $9 to enter and $9 to exit.

If you hold your trade until settlement and finish in the money, the fee to exit is assessed to you at expiry.

If you hold the trade until settlement, but finish out of the money, no trade fee to exit is assessed.

CBOE binary options are traded through various option brokers; each charge their own commission fee.

Pick Your Binary Market.

Multiple asset classes are tradable via binary option. Nadex offers trading in major indices such as the Dow 30 (Wall Street 30), the S&P 500 (US 500), Nasdaq 100 (US TECH 100) and Russell 2000 (US Smallcap 2000). Global indices for the United Kingdom (FTSE 100), Germany (Germany 30) and Japan (Japan 225) are also available.

Trades can be placed on forex pairs: EUR/USD, GBP/USD, USD/JPY, EUR/JPY, AUD/USD, USD/CAD, GBP/JPY, USD/CHF, EUR/GBP, as well as AUD/JPY.

Nadex offers commodity binary options related to the price of crude oil, natural gas, gold, silver, copper, corn and soybeans.

Trading news events is also possible with event binary options. Buy or sell options based on whether the Federal Reserve will increase or decrease rates, or whether jobless claims and nonfarm payrolls will come in above or below consensus estimates. (For more on this topic, see Exotic Options: A Getaway From Ordinary Trading. )

The CBOE offers two binary options for trade. An S&P 500 Index option (BSZ) based on the the S&P 500 Index, and a Volatility Index option (BVZ) based on the CBOE Volatility Index (VIX).

Pick Your Time Frame.

A trader may choose from Nadex binary options (in the above asset classes) that expire hourly, daily or weekly.

Hourly options provide opportunity for day traders, even in quiet market conditions, to attain an established return if they are correct in choosing the direction of the market over that time frame.

Daily options expire at the end of the trading day, and are useful for day traders or those looking to hedge other stock, forex or commodity holdings against that day's movements.

Weekly options expire at the end of trading week, and are therefore traded by swing traders throughout the week, and also by day traders as the options' expiry approaches on Friday afternoon.

Event-based contracts expire after the official news release associated with the event, and therefore all types of traders take positions well in advance of - and right up to - the expiry.

Advantages and Disadvantages.

Unlike the actual stock or forex markets where price gaps or slippage can occur, the risk on binary options is capped. It's not possible to lose more than the cost of the trade.

Better-than-average returns are also possible in very quiet markets. If a stock index or forex pair is barely moving, it's hard to profit, but with a binary option the payout is known. If you buy a binary option at $20, it will either settle at $100 or $0, making you $80 on your $20 investment or losing you $20. This is a 4:1 reward to risk ratio, an opportunity which is unlikely to be found in the actual market underlying the binary option.

The flip side of this is that your gain is always capped. No matter how much the stock or forex pair moves in your favor, the most a binary option option can be worth is $100. Purchasing multiple options contracts is one way to potentially profit more from an expected price move.

Since binary options are worth a maximum of $100, that makes them accessible to traders even with limited trading capital, as traditional stock day trading limits do not apply. Trading can begin with a $100 deposit at Nadex.

Binary options are a derivative based on an underlying asset, which you do not own. Therefore, you're not entitled to voting rights or dividends that you'd be entitled to if you owned an actual stock.

Is Binary Trading Legal In The United States?

The US is where retail binary options trading was launched in 2008, but traders in the US are gradually finding themselves out of options when it comes to trading with binary brokers. There are however new options for citizens and residents who want to do business with the top brokers.

TOP BROKERS IN THE US.

Binary Options trading in USA.

The first binary contracts were introduced to the Over-the-Counter (OTC) market in 1973, where they were exclusively traded by institutional traders. These were illiquid instruments that were traded as exotic options and were not accessible to the public. In 2008, binaries were made available to the retail end of the market when the Securities and Exchange Commission (SEC) enacted legislation to allow for retail trading of binary options.

The US binary trading market is presently expanding, and features three main brokers, otherwise known as designated contract markets or derivatives clearing organizations. Some of these brokers have affiliations with foreign companies that provide some form of value-added support to the brokers and traders working within the industry.

Two issues have defined the trading of binaries in the USA. These are:

SEC regulations on what assets can be traded The laws regarding the trading of online binaries.

According to SEC regulations, assets offered for trading in the US must be listed on the exchanges found in the country. These include assets listed on the Dow, Nasdaq, S&P500, the various commodity exchanges (e. g. NYMEX/COMEX) and the options/futures exchanges such as the CBOE.

When it comes to the laws regarding the trading of binary options on online platforms, the issues circulate around the perception of what constitutes online binary options (European-style options) and the US-style exchange traded binaries.

The CFTC has released several circulars and warnings regarding online-traded binary options, explicitly referring to them as a form of gambling. As a result, US citizens and residents are prohibited from doing any form of trading business with online-traded brokers. They are instead advised to trade with US brokers, whose product offering is in line with the laws and with the regulations of the CFTC.

The binary market in the US and the brokers operating within it, are regulated by the Commodities and Futures Trading Commission (CFTC).

Currency pairs & Spread.

The asset base available for trading on US based platforms is limited. Only 10 currency pairs are available for trading on NADEX: EUR/USD, USD/JPY, GBP/JPY, EUR/GBP, USD/CHF, USD/CAD, AUD/USD, AUD/JPY, EUR/JPY and GBP/USD. On Cantor Exchange, the number is even lower: just six forex pairs.

All binary options settle at $0 or $100. Depending on where the asset settles at expiration, the difference between the contract price (anywhere between 0 and 100) and the settlement value (either 0 or 100) is multiplied by the number of contracts to give the trading profit or loss.

Trading platforms.

When it comes to the online trading platforms used in the market in the US, the US binary options brokers have all opted to develop trading platforms that are unique to their brand. These proprietary platforms therefore offer the US traders the opportunity to trade specific contracts in a manner that is unique to each exchange, and yet complies with the CFTC rules on how binary options in the US are to be traded.

Specifically, Cantor Exchange LLC, one of the CFTC-designated binary brokers in the US, has created an innovative platform which was designed by Tradologic, an independent software vendor. Tradologic is a well-known software vendor in the market.

Deposit and withdrawal options.

What are the most popular options for deposits and withdrawals among binary options traders? US binary options traders are able to use certain means of deposits and withdrawals that are not available to traders in other countries. There are also some means of transaction which are not available to US traders.

PayPal: The top US binary options brokers are the only binary brokers in the world to avail their traders the use of PayPal as a deposit method. In the US, PayPal accounts are linked to bank accounts. This makes it easy to verify traders. Deposits and withdrawals are settled instantly. Cheque: Cheques issued on US account such as Ach are available to US traders. These usually take a longer time to be processed. Cards: Cards issued by American Express, Diner’s Club, MasterCard and VISA are available to US traders. Deposits and withdrawals are processed instantly. Local bank wires are also available from any of the US banks.

Digital wallets are generally not available to US traders. Skrill and Neteller do not accept US traders, so these cannot be used on the platforms of binary options brokers in the US.

Legality & Regulations.

What are the legal considerations and regulatory conditions attached to the conduct of the brokerage and trading of binary options in the US? The legality of binary options in the US is contained in the various bulletins and circulars released by the Commodities and Futures Trading Commission (CFTC), the agency which regulates the binary options industry in the US.

The legality of binary options borders on the following points:

Whether the broker has registered the assets it hopes to offer for trading with the SEC. This status is determined with a tool on the SEC site known as EDGAR. Whether the trading platform itself is registered as a trading exchange in the US. Again, the SEC website is the source of information on licensing of exchanges to offer binary options. Listing of the provider’s platform as a designated contract market. This status can be checked on the CFTC website.

Putting these three metrics together, a binary options broker can only be licensed to offer binary options in the US if:

The assets it offers are listed on an SEC-licensed exchange. If the platform is registered as a trading exchange. If the broker itself is registered as a designated derivatives contract market.

Till date, only three entities have fulfilled these conditions to warrant licensing from the CFTC.

Here are the frequently asked questions that most users have about the conduct of binary options in the US.

Answer: Contrary to the general perception, they are are legal in the US. However, they must be of the exchange-listed variety, as mandated by the SEC and the CFTC. In other words, traders are only allowed to trade binary options on assets that are listed on the exchanges found in the US market.

Is it safe to trade binary options in the US?

Answer: The CFTC is the regulator of binary options in the US. The CFTC has a reputation for being arguably the strictest financial market regulator in terms of market sanitization and enforcement of sanctions against errant brokers. Costs and punitive financial sanctions which regularly require brokers to refund money considered to have been taken off clients from irregular brokerage practices have been applied in the recent past. This makes it very safe to trade them in the US.

As a US citizen, am I allowed to trade binaries with offshore brokers?

Answer: The CFTC considers trading with offshore binary options companies as a form of online gambling, which is illegal under US law. Therefore, US citizens are prohibited from trading binary options with offshore brokers.

Do I have to pay tax on the proceeds of my binary options trading?

Proceeds of binary options trading have to be reported to the US Inland Revenue Service (IRS) and are subject to taxation.

Am I able to use binary robots on the US platforms?

Answer: US platforms are not configured to allow the user of robots.

Are binaries in the US offered on a fixed or variable payout basis?

The exchanges, NADEX and Cantor Exchange offer payouts on both a fixed and variable payout basis.

Conclusion.

The article has attempted to bring to light, the peculiarities of the US binary options market as well as the existing regulations guiding the operation of binary trading in the US. Presently, only US citizens and residents can trade exchange-listed binary options in the US. This looks to be the way things will work for a long time to come.

Related articles:

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Binary Options Canada.

Canada's Binary Options Guide.

The Legality of Binary Options In Canada.

Canadians wishing to get involved are wondering are binary options legal in Canada, and if so, if there are any particular terms of which they should be aware.

As of September 28, 2017 the Canadian Securities Administrators (CSA) announced a complete ban on the advertisement, offer, sale or trade of binary options with option expiry of less than 30 days .

A Brief History.

Previously, many offshore (meaning any country but Canada) binary options brokers were regulated in fairly reputable jurisdictions like Cyprus or Japan and offered their services from there to Canadians, but that was halted in 2015-2016 for the most part.

In addition, companies “regulated” (and we do use that term loosely) in places like Belize, British Virgin Islands, St. Vincent & Grenadines and so on offered their services to Canadians as well, and those too have been mostly halted from dealing with the Canadian market mostly through Canadian blocks of credit card payments but also through regulatory interest in their operational countries.

The Ban Of Binary Options.

As of September 2017, the CSA has banned binary options with expiry of less than 30 days outright. Any solicitation of Canadian customers by a broker as of this date must be looked at as likely fraud or at the very least a black market operator.

Canadian Authorities.

Canada currently has the Canadian Securities Administrators (CSA) agency, which was formed by securities regulators of all ten provinces and three territories. The CSA is an umbrella organization whose objective is to try to streamline the diverse capital markets in operation across the country.

Which Broker To Use?

When researching a broker, traders should ensure that it is trustworthy, reputable, and applies fair trading practices. Fortunately all the companies listed on our website are licensed and regulated, just not by Canada itself.

See our list of recommended brokers for Canadian citizens on our binary options brokers page.

BINARY OPTIONS LEGALITY BY PROVINCE.

Because different provinces have their own financial regulations, we explore the question of binary options legality on a province by province basis.

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Binary Options with expiry of less than 30 days are now a BANNED financial product in Canada. DO NOT TRADE BINARY OPTIONS IN CANADA.