October 23rd, 2008
The National Futures Association (NFA) circulated a set of proposed rules to Forex dealers this week. The proposed rules covered a variety of topics including requotes, limit orders, hedging, customer statements, discretionary trading and trading system testing. This signals the first serious attempt by regulators to set standards for the operations of retail Forex dealers. Prior regulations have primarily dealt with solicitation practices and financial requirements.
The proposals deal with several important aspects of a Forex dealer’s operations and address several standing issues in the FX marketplace. The new rules are the consequence of a set of investigatory member visits conducted by the NFA over the past year. Ironically after having spent a year collecting information and drafting the new rules the NFA has given its Forex Dealer Members (FDMs) only two weeks to respond with comments.
Though the proposals are far from perfect and in fact demonstrate a lack of complete understanding of the operations of an FX dealer, the new rules are a step in the right direction. The industry is in need of a set of best practices that could create a quality base level offering for all retail FX clients. One hopes though that unlike in the past the NFA will work more closely with its members to revise the proposals thus creating a set of more logical and effective rules designed to truly benefit the industry and its customers. It’s also imperative that the Forex dealers themselves don’t abstain from commenting, as many have in the past, and actively participate in the rule making process.
The NFA’s letter to Forex Dealers describing the proposals and outlining their intent can be found here.
The actual proposed language for the new Forex related rules can be found here.
Tags: NFA
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October 18th, 2008
With the October 31st deadline for the first Net Capital requirement increase fast approaching, many may be wondering: “Whatever happened to all that market consolidation that was supposed to reshape the Forex industry?” Some smaller, and more importantly less reputable, firms have fallen by the wayside in recent years, yet the number has been relatively small. Further, given the size of many of those firms, their exit from the retail FX space has had little or no impact on the industry. With the October increase just around the corner we now see that few firms are likely to be seriously affected. The CFTC just released Futures Commissions Merchant (FCM) financial data for the end of August. Let’s take a look at who is and isn’t making the cut. For the sake of being thorough let’s begin with the comprehensive list of FX service offering registered FCMs; 31 players in all.
| Forex Dealer |
Adjusted Net Capital |
| MF GLOBAL INC. |
$578,263,985 |
| INTERACTIVE BROKERS LLC |
$538,143,197 |
| OANDA CORPORATION |
$165,458,966 |
| FOREX CAPITAL MARKETS LLC |
$91,840,037 |
| TRADESTATION SECURITIES INC |
$88,369,268 |
| ROSENTHAL COLLINS GROUP LLC |
$79,638,871 |
| GLOBAL FUTURES & FOREX LTD |
$73,219,116 |
| GAIN CAPITAL GROUP LLC |
$67,906,278 |
| INTERBANK FX LLC |
$36,504,426 |
| PEREGRINE FINANCIAL GROUP INC |
$21,345,435 |
| CAPITAL MARKET SERVICES LLC |
$20,199,028 |
| FX SOLUTIONS LLC |
$19,574,103 |
| IFX MARKETS INC |
$18,623,981 |
| ALPARI (US) LLC |
$15,786,390 |
| I TRADE FX LLC |
$14,952,004 |
| ODL SECURITIES INC |
$14,870,166 |
| 3D FOREX, LLC |
$13,178,356 |
| MB TRADING FUTURES INC. |
$12,767,499 |
| GFS FOREX & FUTURES INC |
$11,451,981 |
| IG MARKETS INC. |
$10,111,559 |
| HOTSPOT FXR LLC |
$9,942,771 |
| EASY FOREX US LTD |
$9,824,509 |
| IKON GLOBAL MARKETS INC. |
$9,544,902 |
| DORMAN TRADING LLC |
$8,608,792 |
| CMC MARKETS (US) LLC |
$8,543,520 |
| ACM USA LLC |
$8,372,738 |
| FRIEDBERG MERCANTILE GROUP INC |
$8,176,903 |
| FOREX CLUB FINANCIAL COMPANY INC |
$7,558,421 |
| ADVANCED MARKETS INC |
$6,786,042 |
| BACERA CORPORATION |
$5,412,516 |
| MG FINANCIAL LLC |
$5,393,739 |
Now let’s start with some easy trimming. The very top of the list includes firms such as MF Global and Interactive Brokers. Though they do offer FX services, retail Forex is not a major part of their business and to top it off they could meet the new requirements without batting an eyelash. Let’s also add TradeStation and Rosenthal Collins to that category.
Now let’s take a look at some of the Forex industry’s more established players, the guys that are definitely making the cut. The following Forex dealers all have $20 million or more in Adjusted Net Capital: Oanda, FXCM (Official name on the list: Forex Capital Markets), GFT (Global Futures & Forex), Gain (also known as Forex.com), Interbank FX, PFG (Peregrine Financial Group, a Futures firm with a strong FX offering) and CMS Forex (Capital Market Services). Let’s also add FX Solutions to the list. Given that the firm is owned by City Index, I think they’ll manage to scrape the remaining $425,897 from underneath Michael Spencer’s couch cushions. IFX Markets joins the pack as well. The firm is being eliminated as an independent entity after its merger with FX Solutions. But this is by no means due to a lack of capital, but rather due to the fact that both firms are now owned by City Index.
Now let’s trim a little from the bottom of the list. How are the significantly undercapitalized doing? MG Financial is indeed a casualty. The firm has been sold to Rosenthal Collins Group in order to avoid extinction. Bacera is moving offshore. Few will notice its departure as few had even noticed its existence. Advanced Markets, though highly undercapitalized, is not likely to face extinction. The firm counts the Australian banking giant Macquarie Group amongst its shareholders and is unlikely to be hung out to dry.
Let’s also take a few not so relevant players off the list. Dorman Trading offers FX through an FX Solutions White Label Partnership (WLP.) The established Futures boutique could probably scrape together the necessary capital, but given that FX is not the core of its business it is anyone’s guess as to whether it will actually bother. Yet again its presence in the retail FX space has not been significant and no one is likely to notice its departure. Friedberg finds itself in a similar position. The 37 year old financial services firm will be left to decide whether the retail FX space is worth a contribution of capital. While we are at it, let’s also check off CMC Markets who recently ceased all U.S. operations. Given the Contracts for Difference (CFD) trading behemoth’s size it was not for want of money.
Before we go any further let’s quickly add and remove FXDD (FXDirectDealer) from the list. This Forex Dealer has neglected registration until the very last moment, doing its best to ride out every last possible loophole. The firm’s FCM registration is currently pending though. FXDD whose parent company Tradition booked an operating profit of 150 million Swiss Franc in 2007, is unlikely to be strapped for cash.
This leaves us with a much shorter list of 12 Forex dealers. These are our walking undead, the firms whose future is allegedly in limbo.
| Forex Dealer |
Adjusted Net Capital |
| ALPARI (US) LLC |
$15,786,390 |
| I TRADE FX LLC |
$14,952,004 |
| ODL SECURITIES INC |
$14,870,166 |
| 3D FOREX, LLC |
$13,178,356 |
| MB TRADING FUTURES INC. |
$12,767,499 |
| GFS FOREX & FUTURES INC |
$11,451,981 |
| IG MARKETS INC. |
$10,111,559 |
| HOTSPOT FXR LLC |
$9,942,771 |
| EASY FOREX US LTD |
$9,824,509 |
| IKON GLOBAL MARKETS INC. |
$9,544,902 |
| ACM USA LLC |
$8,372,738 |
| FOREX CLUB FINANCIAL COMPANY INC |
$7,558,421 |
Yet even here we don’t seem to get the chance to witness any serious market instability. Firstly let’s note that the numbers we see are for the end of August. Extreme volatility and equity market collapse in September and October has lead to record profits for many Forex dealers. This could easily shore up the books of several firms. Furthermore the FX market’s fast passed growth has made it a darling for private equity firms who may be willing to fund an undercapitalized broker (at a discount of course) if it has the size and stamina to demonstrate serious perspective growth. This may add significant capital to the books of some FX dealers.
Forex Club and Alpari can easily funnel in more money from their Russian operations or simply target the U.S. market from offshore. I Trade will probably make the cut despite its recent regulatory problems. In the worst case scenario it is likely to bring in some capital from its prior Jamaican investors. ACM is likely to bring funds in from its larger Swiss operations and OLD and IG from their U.K. home offices. No one is shedding a tear for Hotspot either, whose parent Knight Capital Group will easily pony up the missing capital. IKON could bring in capital from its New Zealand operations or likely find the necessary capital on its own. MB Trading should also do well, potentially moving funds from its Broker Dealer (BD) arm or by merging capital with 3D Forex with whom it shares common ownership.
Granted there is no guarantee that these firm’s parent companies or foreign operations will be willing or able to front enough cash to meet the $20 million requirement. If this is the case though, most will not be acquisition targets but will either move their FX business offshore or operate the FX portion of their business as introducing brokers.
The only firms whose fate is really up in the air are GFS and Easy Forex and even these two might just prove capable of bringing money in from their foreign operations or by moving entirely offshore if they are not able to bring on private equity. All in all few firms are really likely to meet their maker due to the increased capital requirements. Even if a few of the firms on the short list do end up moving offshore or selling their U.S. FX operations to a competitor the effect on the industry will be minor at best.
Tags: 3D Forex, ACM, Advanced Markets, Alpari, Bacera, CMC, CMS Forex, Dorman, Easy Forex, Forex Club, Friedberg, FX Solutions, FXCM, Gain, GFS, GFT, Hotspot, I Trade, IFX, IG, IKON, Interactive Brokers, Interbank FX, MB Trading, MF Global, MG, Oanda, OLD, PFG, Rosenthal Collins, TradeStation
Posted in Mergers and Acquisitions, Regulation, Uncategorized | 1 Comment »
October 17th, 2008
The National Futures Association (NFA) sent a notice to its Forex Dealers Members (FDMs) reminding them that it’s proposed amendments to FDM financial requirements are set to go into effect on October 31st. The amendments, expected to be approved by the CFTC prior to their effective date, enforce the first stage in the capital requirement increases passed by Congress last spring as part of the CFTC Reauthorization Act of 2008. The amendments will require FDMs to maintain a minimum net capital of $10 million. This is the first of three requirement increases set to culminate in a $20 million requirement in the spring of 2009. Forex Dealer Members who intend to continue operating past the deadline must submit estimated net capital computations to the NFA by 10am on October 31st.
The amendment also includes a revision to NFA financial requirements Section 12(b). Section 12(b) called for increased capital requirements of 200% of the base requirement for FDMs that take advantage of the security deposit exemption allowing clients to hold less than 1% margin on open positions. Under the amended requirements, firms who fall under the security deposit exemption will only be required to maintain 150% of the base requirement.
The latter revision does alleviate some of the unnecessary regulatory overhead on firms who utilize the exemption. Nevertheless the requirement does not take into account the amount of leverage used by the respective firms. Thus, the requirement still places undue burden on smaller firms while potentially exposing larger firms to excessive risk. As of late, several Forex dealers have commented on the need for a formula based rule properly addressing the risks of lower margin requirements.
Tags: CFTC, NFA
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October 16th, 2008
The Commodities Futures Trading Commission (CFTC) has approved the NFA’s proposed Rules 2-41 and 2-42. The two new rules, set to go into effect on November 30th, require all NFA members who act as Commodity Trading Advisors (CTAs or Money Managers) or Commodity Pool Operators (CPOs or Fund Managers) trading FX to provide proper disclosure documents to their perspective clients. All disclosure documents must be filed with the NFA prior to use. Rules 2-41 and 2-42 are a first step in the NFA’s attempts to create Forex specific rules for CTAs and CPOs after Congress passed the CFTC Reauthorization Act of 2008, requiring all Money Managers and Fund Managers trading FX on behalf of clients to register with the CFTC.
The NFA has also provided text required for inclusion in the disclosures. The disclaimer promptly cautions clients that FX is not traded on an exchange and thus may be subject to greater risks than exchange traded products. Such distinction of FX as a non-exchange traded product has become common practice for the NFA as of late. It is true that exchange traded accounts are given greater bankruptcy protection than over-the-counter (OTC) traded accounts under U.S. bankruptcy law. Nevertheless the fact that the NFA has spent considerable effort pointing out the difference and no effort lobbying congress and the CFTC to address the issue, reminds one of the Futures industry’s considerable influence with the NFA. In fact just this past year the NFA has asked several Forex Dealer Members to disclaim that Forex is not traded on an exchange. The NFA claimed that the words “Foreign Exchange” may mislead potential clients into thinking that retail FX contracts are in fact exchange traded. This is of course a ludicrous claim given that the Bank of International Settlement (BIS) estimates exchange traded FX to make up only 3% of the total Forex market. If anything it is Futures firms that should be required to disclaim that their FX products are in fact non-OTC.
The NFA, an allegedly pro-competition, self-regulatory industry association has been anything but. Though it is only fair to point out that the NFA has been handed a rather difficult task in regulating the often unruly retail Forex industry, its approach has been far from fair and balanced. The NFA has time and again refused to work with the more reputable elements of the industry or grant them rule making participation in this allegedly self-regulatory organization. This has led to a significant portion of the NFA’s FX regulation being rather senseless, as it has been drafted by people with often little knowledge of the operations of the retail Forex industry. This has exacerbated the growing pains experienced by any regulator when faced with the prospect of overseeing a new industry. Over the last few years the NFA has been forced to repeal its own rules and rulings on several occasions simply because it had not taken the time to seriously consider Forex Dealer Members’ suggestions during the first iteration. As one might imagine this approach has not earned the respect and cooperation of the industry’s players and has further exacerbated the problem.
Tags: CFTC, NFA
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October 15th, 2008
Forex Dealer MG Financial (MG Forex) announced today that they had been acquired by Rosenthal Collins Group (RCG.)
MG Financial was one of the first entrants in the retail FX space. The firm began offering online Forex trading in 1997. The then cutting edge trading platform employed a web page based interface broken up into frames. The quote board frame reloaded itself every 60 seconds, thus providing clients with “real-time” pricing. This service was part of the dawn of the online retail FX industry.
Several U.S. retail Forex dealers trace portions of their roots to MG Forex. Drew Niv, CEO of FXCM one of the world’s largest FX dealers, got his start at MG as did Eduard Yusupov, FXCM’s Chief Dealer. MG employees went on found software firm ACT Forex which initially powered brokers such as IFX Markets USA, CMS Forex and many others.
Despite its initial leading position, MG has largely been a failure. Having contributed to the founding of several fast growing and successful FX Dealers, MG itself has made very little progress over the years. The firm whose original name was Money Garden and whose tagline read “Yeah we grow the stuff” had largely failed to deliver on that promise. MG’s primary shareholders Mikhail Dvortsov and Alexander Mikhlin have largely been disconnected from the operations of the firm, which is rumored to have been ruled like a fief by the firm’s reclusive chief dealer, Dixon (Tak) Fung.
One of MG’s major contributions to the market had been the creation of financial portal Forexnews.com. Unfortunately MG’s lack of focus on customer acquisition eventually led to its loss of senior analyst Ashraf Laidi, the driving force behind forexnews.com, to competitor CMS Markets.
Though neither MG Forex nor Rosenthal Collins commented on the specifics of the transaction beyond saying that it was an all equity swap, one has to assume the sale price was rather paltry given the firm’s lackluster growth and level of desperation. The firm had been significantly short of capital coming into the Adjusted Net Capital Requirement increases and its relatively poor growth and lack of significant market share made it an uninspiring target for funding by private equity firms.
Rosenthal Collins’ significant capital base leads one to believe that we will be seeing a more aggressive and competitive stance from MG in the coming months. Nevertheless the acquisition brings a mixed bag to an industry desperately in need of a positive PR boost. RCG’s reputation in the Futures space is somewhat dubious. Despite the fact that RCG Managing Director Douglas O. Kitchen serves on the Board of Directors of the National Futures Association (NFA) and is a member of the NFA’s Executive Committee, the firm has a less than stellar regulatory record. Rosenthal Collins Group has been a party to 15 NFA arbitration cases and 194 Commodities Futures Trading Commission (CFTC) reparations cases. The firm has also been subject to 41 exchange initiated regulatory actions and 4 CFTC regulatory actions. In fact, just this past August the CFTC sanctioned Rosenthal Collins Group $310,000 for failing to enforce compliance procedures and diligently supervise employees. Surprisingly (or not) RCG has never been subject to a single NFA regulatory action.
Tags: MG
Posted in Mergers and Acquisitions, Uncategorized | 1 Comment »
October 11th, 2008
The Chicago Mercantile Exchange (CME) and Thomson Reuters announced that they are closing down FXMarketSpace, their centrally cleared Spot Forex exchange. The two year old venture will cease trading on October 17th. The long trouble platform has been unable to make significant inroads in the spot FX market and has not generated the volumes initially projected by the CME.
The venture has been an embarrassment for the CME which was desperate to succeed in the Spot Forex market. The CME has been unable to make significant headway in the FX space for years. Its currency futures products have lost out to spot FX in the retail and smaller institutional space. Futures firms have shown themselves incapable of selling exchange traded FX to their clients while Retail Spot Forex Dealers have dominated the space through unparalleled growth. The CME had taken a heavy-handed approach toward suppressing the retail FX industry by using its considerable political clout to push through anticompetitive legislation aimed at significantly reducing the Retail FX presence. The CME was hopeful that the centrally cleared FXMarketSpace would be able to capture market share from OTC dealers and banks and establish the CME’s foot hold in Spot FX.
Unfortunately FXMarketSpace proved less than enticing to buy-side firms comfortable with the prime broker model. In fact many professionals found the services to be superfluous in an environment serviced by CLS and easily managed using Traiana’s Harmony network and other settlement, netting and post trade solutions.
Tags: CME
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October 11th, 2008
Global FX markets continue to suffer from inconsistent liquidity while volatility boosts trading volumes for retail FX firms.
The FX markets have suffered intermittent droughts in liquidity and subpar pricing ever since Lehman’s collapse four weeks ago. Trade volumes have faltered over the past few weeks due to several structural issues brought on by the current financial collapse. Dealers have reduced lines to faltering banks thus affecting their trading abilities and the trading of their Prime Brokerage clients. Dealers’ concern over AIG’s financial security cut volumes on Currenex and other multi-bank trading platform where AIG was the central clearer. The collapse of Lehman also took a major FX market maker out of the pool thus decreasing available liquidity. The collapse of Icelandic Banks last week has furthered fueled counter party risk concerns and has made many reluctant to trade with major banks. Though banks such as Citi and JP Morgan have stepped up to the plate to provide needed lines and liquidity to the market, pricing has remained significantly wider than usual and depth remained scarce. Two pip wide EUR/USD has come to replace the customary fraction of a pip spread during the Dow’s 500 point drops, now a daily event. Many banks have also decreased their bid and offer sizes shrinking top-of-the book tranches on many platforms to as little as $2M or $3M. All this in turn has led to less buy-side trading as funds and corporates grapple with counter party risk fears while trying to retool their models to function in a high spread, low depth environment.
Retail FX firms have remained largely unaffected by this liquidity drought due to the relatively small size of most retail transactions and the dealers’ ability to net trades internally. Furthermore the industry’s largely margin based collateral system coupled with automatic margin call executions and a more diversified client pool have made customer side counter party risk a non-issue. In fact many Retail Forex Dealers have experienced record volumes due to increased volatility and the acquisition of new clients as customers flee the equity markets in droves. In fact FXCM posted record volumes in August with many expecting similar numbers for the month of September. Japan’s FXOnline reported that market volatility boosted client transactions to 200,000 a day, four times higher than average. Forex Dealers FX Solutions, CMS Forex and Saxo Bank have also noted significant increases in trading volume. Investment and trading capital is likely to become more scarce as consumers have less discretionary income to allocate to their market activities. Nevertheless Retail Forex Dealers are set to experience a boom in new account openings as investors and active traders alike shift funds out of stocks and bonds due to the global equity markets’ collapse.
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October 2nd, 2008
FX Solutions effectively took over the operations of IFX Markets USA, the Boston arm of the UK entity City Index.
IFX Markets has traveled a turbulent path these past eight years. Originally founded in 2001 as Commerce Bank Foreign Exchange or CBFX, a subsidiary of Commerce Bank & Trust, it was subsequently sold to UK broker IFX Group in 2004 for a meager $1.9 million. In 2006, IFX Group was acquired by City Index (for £57.9 million.) Prior IFX Group shareholders included Tradition Group, which is also the parent company of U.S. Forex Dealer FXDD. Tradition acquired 10% interest in IFX Group in February 2004 for 7,529,000 Swiss Frank.
In April 2007, private equity firm Francisco Partners bought a controlling interest in FX Solutions for over $150 million . In under a year Francisco Partners sold its interest in FX Solutions to City Index, who had lost out to Francisco Partners in the initial process to acquire FX Solutions. Since the completion of the deal in February 2008 many have thought that IFX Markets’ days were numbered. City Index had chosen FX Solutions as its flagship retail FX brand and the larger New Jersey based operation was slated to take over the smaller Boston based IFX Markets.
City Index is a subsidiary of Intercapital Private Group Limited (IPGL Limited) the holding firm of British magnate Michael Spencer and is also the parent company of ICAP, the world’s largest inter-dealer broker. ICAP in turn acquired bank operated trading platform EBS in April 2006 for an estimated $800 million. Making this one big happy Forex family.
IFX clients will be transitioned from IFX’s ICTS platform, provided by software vendor ACT Forex, onto FX Solutions’ proprietary GTS Pro. The redundancy of the two firms’ operations leaves the fate of IFX’s Boston based employees uncertain. Rumor has it that some high level departures, both voluntary and forced, have already occurred.
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October 1st, 2008
Saxo Bank cut 400 jobs at the end of September, 300+ of them at its Copenhagen headquarters. This shows yet another step in the 1,000+ employee company’s restructuring efforts to become a bank in more than just name. Founded in 1992 under the name Midas, the company received its banking license in 2001 and changed its name to Saxo Bank. Though Saxo’s core business model is that of an online broker/dealer concentrating heavily on FX, the firm has relied heavily on its Bank moniker for marketing purposes. This brilliant move on the part of its founders has given the bank an aura of credibility in the global FX market space.
Saxo has been known for professional top level organization and bank-like structure despite its broker style business model. The firm’s heavy reliance on White Label Partners rather than direct retail clients has also moved it up-market into the institutional sphere.
Over the past year Saxo Bank has undergone incessant restructuring; cutting, creating and reshuffling positions and repositioning its global reporting structure. In the process creating more redundant yet important sounding corporate titles than most FX Dealers ever knew existed. As of late Saxo has also been very active building a global presence through strategic accusation. In June 2008, Saxo Bank acquired the French brokerage Cambiste, which has been renamed Saxo Banque and in May the firm set of on the acquisition of Australian broker Tricom, set to be renamed Saxo Capital Markets Australia. All this follows Saxo’s late 2007 accusation of Swiss Synthesis Bank, now Saxo Bank (Switzerland) AG, whose founder Charles-Henri Sabet was named Saxo’s Global Head of Trading and subsequently suspended in August of 2008 due to an internal investigation.
Despite all this growth and restructuring one is still left to wonder if the job cuts don’t have more to do with fitting into their new digs than some sort of global plan to streamline operations. Given the firm’s aggressive growth over the past few years, Saxo’s beautiful if chronically delayed new headquarters building would not have been able to hold all of the company’s Copenhagen based staff. Until now.

Tags: Saxo
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September 24th, 2008
IG Group acquired an 87.5% stake in Japanese Retail Forex Dealer FXOnline for $207 million. IG will also be granted an option to acquire the reminder of the firm in due course. FXOnline founder James Gow who owns the remaining 12.5% will stay on as CEO, while former investors FinTech Global Inc. and Mizuho Capital Co. have divested their holdings. This is the second major deal for James who sold 49.9% of the company to FinTech and Mizuho in early 2007 for around $100 million.
FXOnline has shown impressive growth over the past few years. The company reported revenue of $65.9 million for the year ending in March 2008 with pretax profits of $46.15 million. The 45 person firm boasts a 4% market share of the Japanese retail FX market, has a customer base in excess of 30,000 clients and processes 1 million transactions per month valued at close to $60 billion.
The street has long been searching for a suitor for FXOnline. Several investors had been considering a double play by bringing the Japanese broker into a partnership with a western FX firm in order to take advantage of the efficiencies offered by matching U.S. and European retail flow with Japanese retail flow. The company’s aggressive growth and western management also made them an excellent fit for western accusation.
With the deal’s completion, clients will be transfered from FXOnline’s current trading platform onto IG’s PureDeal platform. The move will not only generate additional cost savings but will also allow FXOnline to abandon its relatively weak technology offering based on software provided by FinaTek Services.
Tags: FXOnline, IG
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