The Regulator’s Suit Over A Binary Options Marketing

Malta Binary Options

Regulation of Malta Binary Options

On the 17th July 2013, the Malta Financial Services Authority (MFSA) appear that Binary Options are considered every bit instruments falling within the parameters of the Second Schedule of the Investment Services Deed. This announcement follows a description made past the European Commission that Binary Options meet the requirements prescribed in the definition of financial instruments in point (4) of Department C of Annex 1 to the MiFID (Directive 2004/39/EC), given that they are derivative contracts settled in cash. In fact, the list in the directive covers derivatives relating to commodities that are settled in cash or that tin be physically settled provided they take the characteristics of other derivative financial instruments.

Republic of malta Binary Options: Gaming or trading?

Binary options originated as a gaming product, and prior to the MFSA announcement, companies offer financial services such equally forex trading in Republic of malta were regulated nether the Maltese Lotteries and Gaming Authority (LGA), whose aim is to regulate the gaming industry. This reflected the uncertainty created by the dichotomy in the regulatory framework adopted by different EU countries in relation to Binary Options.  Whilst CySEC, the Cypriot regulator CySEC, which recognized binary options every bit a tradable financial instrument in 2012, binary options were regulated past the Uk Gaming Committee as ‘bets’, thus non being enforceable in UK courts.

However, this decision by the European Committee has brought almost a radical change in the Binary Options market since they are being considered as an alternative to standard forex trading. This has attracted the attention financial regulatory authorities effectually the earth, including the MFSA, which has embarked on a projection to ascertain the parameters by which Malta Binary Options would be regulated on the financial markets.

Definition of Malta Binary Options

In the MFSA communication, Binary Options are defined as being contracts based on the management which the price of an underlying asset will have within a specified time frame. Thus Binary Options are derivative contracts with but two possible outcomes that depend on whether the forecast toll is right (in-the-money) or incorrect (out-of-the-coin).

Binary Options Trading Companies offer their clients a platform where they can trade binary options in several underlying products, such as oil, gold, indices, currencies, and stocks amongst others. Binary options establish individual contracts betwixt the client and the Binary Options Trading Company which are settled in cash. Clients are able to speculate on which direction the price of an underlying production will motion inside a specified time frame. A stock-still corporeality of cash will exist paid to the Client if the option expires in-the-coin; however, if at the end of the time frame the selection expires out-of-the-money, the client would lose his entire, or role of, the investment.

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Different types of Binary Options

At that place are various types of Binary Options, even so, further clarity past the MFSA is still required to ascertain whether all the potential variants would be captured by the definition highlighted higher up. The almost mutual types of Binary Options are the following:

Call/Put Binary Option

The Call/Put Binary Option consists of an automatically generated strike cost and the trader’s objective would be to guess whether the cost of the underlying nugget will stop in a higher place or below this price when the option expires. The trade is In-The-Money if the trader guesses the correct direction, whilst information technology is considered Out-Of-The-Money if the guess is wrong.

threescore Seconds Binary Pick

The threescore Seconds Binary Option is similar to the Telephone call/Put binary choice, notwithstanding, the option expires one minute after the position is opened. This binary option is more suitable for traders who seek dynamic trading that brings immediate results. This type of binary selection is the most problematic to classify equally a financial instrument since it is very similar to a gambling activity.

I Touch Binary Selection

In the example of I Touch Binary Options, the trader has to predict whether the asset price volition touch at least one time the predefined price marker during the lifespan of the particular Touch option. This is a rather high-risk type of merchandise, merely the payouts often get over 500%.

Purlieus Binary Option

On the other hand, the Boundary Binary Option, besides known as In/Out binary option, the asset price has to stay within certain boundaries which are defined past two strike prices – upper and lower. A positive effect volition be attained if the price finishes within the upper and lower prices at the expiration time, irrespective of the number of times that the price leaves the boundaries during the merchandise.

Licence Requirement for Malta Binary Options Companies

The MFSA’s proposal to assume responsibility for Binary Options in place of the LGA is important news for the industry, and the Maltese regulator will aggrandize its ain regulatory framework to ensure that investors are not misled by disreputable companies and guarantee that investors savour higher protection. Any person intending to provide investment services relating to Malta Binary Options, as well equally companies currently licensed past the LGA, would need to submit to the normal licence application procedure besides as an extensive due diligence process to obtain an Investment Services Category 3 licence in terms of the Investment Services Human activity. Licence holders would be able to avail themselves of the passporting rules under MiFID and then as to operate anywhere within the Eu without the need for further licensing. In the case of entities which are already in possession of a category 3 investment services licence, they would demand to notify the MFSA in writing every bit to whether they intend to conduct binary options activities or whether they already perform such activities.

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The licensing process entails three phases, in the same manner as an application for regulation for other financial services providers which fall nether the jurisdiction of the MFSA. First there is the preparatory stage, followed by the pre-licensing phase, and finally the postal service-licensing and commencement of business organisation stage. The duration of the licensing process depends on the abyss of the documentation and efficiency of the applicant, and normally takes between three to six months. The Binary Options broker must comply with 3 essential requirements outlined in the Investment Services Act, that is:

  • to ensure the protection of investors and the general public;
  • to safeguard the reputation of Malta in line with Malta’due south international commitments;
  • to enhance competition and option.

Brokers licensed to sell Binary Options in Republic of malta must attach to a minimum capital requirement of €730,000 and will exist subject to both on-site and off-site compliance. This would constitute a further layer of investor protection and ensure that brokers can fulfill their obligations towards their clients. Furthermore, every visitor that intends to offer Republic of malta Binary Options is bound to institute physical premises in Malta.

Benefits of becoming a licensed a Malta Binary Options Brokers

  • Regulated Binary options brokers will be subject to on-going monitoring past the MFSA, ensuring an adequate level of transparency and investor protection. In the case of alienation of any regulation, the MFSA could issue strict warnings and fines, and the broker would take a chance losing its licence in case of a serious violation.
  • The constant monitoring by the financial services regulatory authority will ensure that binary options brokers maintain the requisite standards to ensure off-white exercise and transparent pricing.
  • Clients’ funds are kept in a segregated banking concern business relationship to ensure the condom of their funds.
  • Binary options traders licensed under the MiFID regime will benefit from passporting rights nether the directive, greatly reducing regulatory     costs.
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Why Binary Options are becoming increasingly popular – advantages of Binary Options over traditional Options

  • Binary options tend to exist simpler to trade since only a sense of direction of the price motility of the underlying asset is required. The magnitude of the price movement is irrelevant.
  • There is a controlled run a risk to advantage ratio, which are pre-determined when the contract is concluded, unlike traditional options where gains and losses can exist limitless. The investor is presented with the amount he/she stands to win and the amount you stand to lose prior to any investment, enhancing transparency.
  • One does not crave large amounts of money to trade in binary options, but can invest small amounts of money at a fourth dimension.
  • The payout amount is non proportional to the corporeality by which the option ends upwards in-the-money – the winner volition receive the entire fixed payoff corporeality even if the Binary option settles in-the-money by just 1 tick.
  • Binary options tend to be of curt duration, thus providing the trader with several flexible investment opportunities, yielding high rewards and fast returns.
  • It is possible to merchandise in a wide diverseness of assets across multiple markets in a mode which suits the detail investor.
  • An investor can make coin not merely when prices are ascension, but likewise when prices slope downward.
  • Many merchandise platforms can likewise be accessed via a mobile phone, enabling an investor to trade on the move and bank check options regularly and conveniently, twenty-four hour period a mean solar day.


Binary options are a recent financial innovation and many investors are still reluctant to invest in binary options due to concerns about the regulatory and security issues. There is hardly any legal framework at the disposal of financial regulators, and in fact, it is merely recently that the drafting of a regulatory framework to regulate binary options has started to gain momentum.

MFSA’s regulatory credence of binary options and its effort to develop a comprehensive online trading regulatory framework will play a crucial role in attracting online trading firms to gear up upwardly a base for their operations in Republic of malta. Malta already boasts a number of attractive features that have led numerous businesses to cull it as their domicile (such every bit approachable regulators, low ready-up costs, an educated English speaking workforce and sound It infrastructure), and this new development volition inevitably make the jurisdiction more attractive for binary options businesses.