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Compliance

Will Prop Firms Be Regulated? Signals for Founders

Will prop firms be regulated? What US, EU, UK and Australian regulators said, how big firms prepare, and how to build a firm that survives either way.

  • By PipValley Editorial
  • Published
  • 4 min read

Regulation rumors move fast in this industry. In 2026 several vendor and SEO blogs reported new US consultations and enforcement actions against prop firms that we could not trace to any primary document. Treat any claim about new prop firm rules as unconfirmed until you can read it on the regulator's own website.

What are the verified signals?

  • EU: CySEC's chair said in June 2026 that ESMA "is not currently engaged in any substantive discussions regarding retail prop trading," adding it does not rank among immediate priorities "given the relatively limited size of the sector".
  • US: the CFTC's case against MyForexFunds was dismissed with prejudice in May 2025. Finance Magnates reported in June 2026 that "large American prop firms are already beginning to seek registration with the CFTC", with Topstep a registered introducing broker.
  • Australia: ASIC flagged prop trading in 2024 as an emerging CFD distribution channel for surveillance, and in 2026 announced nearly $40 million in refunds from CFD issuers over distribution failings.
  • UK: a petition asking for FCA regulation of prop firms closed in July 2026 with 24 signatures, far short of the 10,000 needed for a government response.
  • India: the RBI's Alert List of unauthorised forex platforms has named prop firms since October 2024.

How are large firms preparing?

By buying or building regulated businesses. FTMO completed its acquisition of OANDA on December 1, 2025. Topstep launched Topstep Brokerage, cleared by Plus500, in January 2026. Kraken, a crypto exchange, bought the crypto prop firm Breakout in September 2025. A new firm can't copy that, but it can copy the habits that make a firm easy to regulate.

How do you build a firm that survives either way?

  • Label trading as simulated everywhere, and describe payouts as rewards under conditions, not returns.
  • Publish every rule before purchase, date every change, and never apply changes retroactively.
  • Keep a restricted-countries list as data, enforced at checkout and KYC.
  • Write affiliate terms that require disclosure and ban income claims.
  • Keep records of payouts, refunds and complaints you could show a regulator.

Questions

Is the CFTC regulating prop firms?

There is no CFTC rulebook specific to evaluation prop firms that we could verify as of October 2026. Some large US firms have registered introducing brokers. Check cftc.gov directly before relying on reports of new rules.

Will the FCA regulate prop firms?

There is no FCA rule specific to evaluation firms as of October 2026, though financial-promotion rules such as FG24/1 may apply depending on the product. A 2026 petition for FCA regulation gathered 24 signatures.

Should I wait for regulation before launching?

Waiting rarely helps, because no timeline exists. Launch with legal advice, honest disclosures and records you could defend, so new rules mean adjustment rather than closure.

Sources

  1. Finance Magnates: Prop trading slips down Paris agenda as the US steps up (Jun 26, 2026)
  2. Willkie Compliance Concourse: New Jersey federal judge dismisses forex case with prejudice
  3. Finance Magnates: ASIC is monitoring the emergence of prop trading firms (Aug 14, 2024)
  4. ASIC 26-004MR: ASIC secures nearly $40 million in refunds after CFD sector falls short
  5. UK Parliament petition 754761: Require FCA regulation of proprietary trading firms
  6. The Week (PTI): RBI adds 13 entities to its Alert List of unauthorised forex platforms (Oct 22, 2024)
  7. Finance Magnates: FTMO closes OANDA acquisition deal after ten months
  8. TradeInformer: Topstep launches introducing broker through Plus500 partnership
  9. Business Wire: Kraken completes acquisition of Breakout to offer prop trading to clients globally (Sep 4, 2025)

Illustrative figures, not a forecast. Nothing on this site is legal, tax or financial advice. PipValley is a web design studio; we don’t sell challenges, run trading accounts or provide trading platforms. Spotted something out of date? Tell us and we’ll fix it with the date.

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