Who This Is For
This page is for the people who run the brokerage. If you are launching a retail forex and CFD brand, scaling a B2B liquidity or prime-of-prime operation, standing up a prop-trading firm with a funded-trader programme, or building a white-label or introducing-broker arrangement, the questions are the same. Which licence fits the clients you target. Which jurisdiction lets you offer the leverage your model is built around. How much capital you actually have to hold. Whether banking and liquidity will hold once you are live. And how to structure more than one entity without the regulators colliding.
We form and license all of these directly. A retail B2C broker sits under the tightest conduct and leverage rules; a B2B or institutional broker serving professional clients faces lighter conduct obligations. A market-maker that takes the other side of client trades is regulated differently from a straight-through-processing broker that passes flow to liquidity providers, and a prop firm running an evaluation-fee model sits on a moving regulatory line that several European authorities are actively testing. We tell you which box you are in before a single form is filed, because misclassifying the model is the most expensive mistake in this market.
What a Forex or CFD Broker Needs
A working brokerage rests on five things we deliver and plan together: the right licence for your clients and markets, an operating entity in the licensing jurisdiction with the substance the regulator expects, capital sized for the leverage and risk you actually run, liquidity and execution arrangements, and banking that holds segregated client money. Get these sequenced correctly and you launch cleanly. Treat any one as an afterthought and the regulator or the bank stops you at the gate.
The licence is the gate. It sets which clients you may take, which models are permitted, the leverage you can offer, and how client funds must be held. A MiFID II investment-firm authorisation, such as a Cyprus Investment Firm (CIF) licence under CySEC, passports across the European Economic Area and lets you serve EU retail under the European Securities and Markets Authority (ESMA) leverage caps. A UAE free-zone licence under the Dubai Financial Services Authority (DFSA) or the Abu Dhabi Global Market’s Financial Services Regulatory Authority (FSRA) gives credibility for professional and institutional clients, and an established offshore regime gives a lower-cost route for non-EU retail. We file the one that fits.
The entity is its foundation. The operating company has to be incorporated in the licensing jurisdiction, with the directors, key persons and registered presence the regulator expects, before the application moves. A CIF requires executive and independent non-executive directors, a Cyprus office, certified personnel and an external auditor; a free-zone licence runs an Approved Person regime tied to presence in the zone. We build the substance that holds up, rather than a shell the regulator sends back.
Capital is the figure operators most often underestimate, because the binding number is rarely the headline minimum. In regulated regimes it is the higher of permanent minimum capital, a quarter of annual fixed overheads, and K-factor capital under the Investment Firms Regulation. A market-maker holding the dealing-on-own-account permission carries a permanent minimum of €750,000 plus a net-position-risk charge that scales with the book; a reception-and-transmission or execution broker holding client money sits from €150,000. We size the capital line around your model so you do not hit an add-on at the first review.
Liquidity and execution determine whether the brand functions. A B-book market-maker is the principal counterparty and runs its own risk; an STP or ECN broker passes flow to liquidity providers; a hybrid warehouses a portion. We make sure the licence permission set and the liquidity model agree, because a broker that markets “STP only” while warehousing flow is dealing on own account in the regulator’s eyes.
Banking is the constraint we plan around the licence. Client money must sit in segregated accounts at credit institutions, and pre-licence segregated banking is one of the most common reasons a grant stalls, so we secure it in parallel rather than after the fact. For the full regime-by-regime detail behind all of this, see our forex broker licensing service; this page is the operator’s view of how we put it together.
Choosing the Jurisdiction
Jurisdiction choice follows three things: the clients you target, the leverage your model needs, and where banking and liquidity will actually hold. We do not publish a fixed forex jurisdiction list, because the right answer is specific to your build and we settle it with you directly. What we can set out plainly is the shape of the decision, which runs between a regulated route and a lighter-touch route.
The regulated route is where banking, liquidity and top-tier market acceptance live, and where the cost is correspondingly high. If your customers include EU retail, you need an EU-passporting MiFID investment-firm authorisation, and you accept the ESMA product-intervention regime: retail leverage capped at 30:1 on major currency pairs and stepping down to 2:1 on cryptocurrency CFDs, a 50% margin close-out rule, mandatory negative-balance protection, and a ban on monetary inducements. UK-facing brokers sit under the Financial Conduct Authority’s equivalent rules. UAE free-zone regimes under the DFSA and FSRA give regulated credibility for professional and institutional clients with materially better banking accessibility than many EU peers. This route is slower and more capital-intensive, and it is the only honest answer when your clients are EU or UK retail.
The lighter-touch route suits non-EU client bases where the priority is cost-efficient regulated offshore with higher leverage. Established offshore regimes set lower fixed capital and faster timelines, and several impose no statutory leverage cap, though liquidity providers and banking apply their own thresholds regardless. The trade-off is harder banking and narrower market acceptance, which we manage by running banking placement in parallel. One caution we give every operator: some popular incorporation jurisdictions issue no forex licence at all and require you to evidence a licence held where the activity is conducted. We will not set you up somewhere that cannot actually authorise the business, and we will tell you when a structure needs a substantive licence behind it.
Multi-entity structuring is where most ambitious brokers land. A single passported entity serves a whole bloc, but operators targeting EU retail and high-leverage non-EU clients at the same time run more than one entity: a regulated entity for the regulated markets, a separate offshore entity for the rest, and a clean holding layer above. The recurring trap is layering the holding company into a jurisdiction that a home regulator later treats as an indirect parent for substance purposes, which triggers a regulator-led redesign mid-application and adds months. We keep the structure clean and pre-clear the parent with the regulator before formation. We will tell you which route fits on the consultation, not after you have paid for the wrong one.
We Form the Company
Formation is simple in form and consequential in substance: the operating entity has to be incorporated in the licensing jurisdiction, with the directors, key persons and presence the regulator expects, before the licence application moves. We incorporate it, structure the share capital, directors and shareholders around the regime, and build the substance that holds up. This is our work, not a referral.
The vehicle and the substance vary by route. A Cyprus CIF uses a Cypriot limited company with executive and independent non-executive directors, a local office, certified personnel and an external auditor. A UAE free-zone broker uses the relevant DIFC or ADGM company with an Approved Person regime tied to physical presence in the zone. An offshore broker uses the local company form with the directors and resident presence the regime requires. We know the right vehicle for each and form it correctly the first time.
Director and key-person substance is the recurring trap, and where we earn our place. Regulators assess the board, the senior managers and the compliance and money-laundering reporting officers against fit-and-proper standards, and they expect those people to articulate the broker’s risk appetite and execution model in the regulator’s own vocabulary. We build the governance case before we file, because applications fail more often on the governance file than on the technology file.
For multi-entity groups, we design the regulated and offshore entities and the holding layer so the substance, capital and reporting hold across the group and the regulators do not collide. Where in-country capacity is needed, we deliver through a controlled network of vetted lawyers, accountants and licensed corporate-service specialists we work with directly, sequenced alongside the licensing workstream. We never offload your file to an unverified third party. See the full company formation hub and the European and offshore formation pages for entity-level detail.
We File the Licence
A forex broker needs a licence matched to the activity and the clients, not a generic authorisation. We draft, file and shepherd the application, and we deal with the regulator directly. The licence class follows how you deal and who you serve.
Retail brokers in regulated markets need a full investment-firm licence. In the EU this is a MiFID II authorisation under Annex I Section A; in Cyprus, the CIF licence under Investment Services Law 87(I)/2017, which passports across all 30 European Economic Area member states 15 days after the home authority notifies the host under MiFID II Articles 34 and 35. The ESMA product-intervention regime, transposed in CySEC Directive DI-87-09, caps retail leverage, mandates negative-balance protection and the 50% margin close-out rule, and bans monetary inducements. We deliver formation and authorisation as one engagement.
Market-makers and STP or ECN brokers need different permissions and capital. A market-maker is the principal counterparty to client trades and must hold the MiFID II Annex I A(3) dealing-on-own-account permission with the €750,000 floor; an STP or ECN broker operates under reception, transmission and execution permissions from €150,000 where client money is held. A hybrid that warehouses any flow needs the same A(3) treatment as a full B-book. We classify the model correctly so you do not re-paper at the regulator’s request.
Institutional and B2B brokers serving professional clients and eligible counterparties still need authorisation but face lighter conduct obligations under MiFID II Article 30. UAE free-zone categories under the DFSA and FSRA are the routes we most often file for this profile, paired with the UAE’s 9% federal corporate tax and the Qualifying Free Zone Person regime for 0% on qualifying income.
Prop-trading firms sit on a live regulatory line. Pure proprietary trading of firm capital generally falls within the MiFID II Article 2(1)(d) exemption, but the funded-trader and evaluation-fee model is a grey area: the Czech National Bank, Italy’s CONSOB, Belgium’s FSMA and Spain’s CNMV have all issued warnings during 2024 and 2025 indicating that where the trading is not on a simulated basis, MiFID services may be triggered. We review your model against the perimeter before you launch.
Introducing brokers, copy-trading and white-label arrangements need careful classification. Introducing brokers typically operate as authorised firms or as tied agents under MiFID II Article 29; copy-trading and PAMM or MAM platforms that execute automatically across client accounts are routinely treated as portfolio management under MiFID II Annex I A(4); white-label operators inherit the obligations of the licence they run under. We map all of this and file the right structure. For the full regime-by-regime breakdown, see our forex broker licensing service.
Banking and Payments
Banking and payments are one of our core services. A licensed broker with no segregated client account is dark from day one, so we put the banking in place as the licence lands. Client money must be held in segregated accounts at authorised credit institutions, with daily reconciliation and no own-account use of client funds. Pre-licence segregated banking is one of the single most common reasons a grant is delayed: the regulator wants the account in place before authorisation, and a credit institution wants a licensed entity before opening it. We break that deadlock by pre-qualifying banking before the file goes in.
The practical answer to provider exits and to the de-risking many high-risk operators face is redundancy. A regulated EU or UAE licence typically opens the door to segregated client-money banking with a credit institution that runs a programme for licensed investment firms; an offshore structure usually needs a licensed electronic money institution or payment-institution overlay for operational flows. We build more than one relationship into the stack so a single exit does not take the brokerage offline. We never name a specific bank or provider here, by commercial choice; we discuss the realistic options with you directly. See the high-risk banking guide and multi-currency IBANs for the underlying components.
Ongoing Compliance
Compliance is a permanent operating commitment, not a one-time licensing event, and we build it into the application rather than leave it for you to retrofit. For a forex broker the perimeter runs across capital adequacy, anti-money-laundering and counter-terrorist-financing controls, conduct and reporting obligations, and operational resilience.
Capital adequacy is continuous. Under the Investment Firms Regulation an EU broker must hold the higher of permanent minimum capital, the fixed-overhead requirement and K-factor capital at all times, and a market-maker’s net-position-risk charge moves with the book. We size the regulatory capital line for the risk you run, and we keep it monitored, so a growing book does not trip a capital add-on at the next supervisory review.
AML and CFT controls are where expectations have moved fastest. The EU Anti-Money Laundering Regulation (AMLR) Single Rulebook applies from 10 July 2027, and the European Anti-Money Laundering Authority (AMLA) has been operational in Frankfurt since 1 July 2025. The common mistake is reading AMLA’s direct-supervision threshold as a size test rather than a cross-border-footprint test, which is exactly the profile of a passporting forex broker with retail-CFD activity across the European Economic Area. We design the AML programme and a money-laundering reporting officer who can defend it.
Conduct and reporting run continuously: MiFID II conduct overlays, CySEC quarterly returns and audited financials for a CIF, transaction reporting, and the leverage, close-out and negative-balance rules enforced on every retail position. Operational resilience under the Digital Operational Resilience Act (DORA) has applied to every EU MiFID investment firm since 17 January 2025: an ICT risk-management framework, a 24-hour incident-reporting cadence for major incidents, a maintained register of ICT third-party providers, resilience testing, and oversight of critical ICT third parties. We build the DORA programme into the application so the firm goes live compliant, and we are straight with you about the recurring cost rather than under-pitching it to win the work.
Realistic Timeline
The realistic end-to-end timeline from instruction to operational launch is roughly 9 to 14 months for a regulated EU build such as a Cyprus CIF, 6 to 12 months for a UAE free-zone licence, and 3 to 6 months for an established offshore route. The variance is driven by ownership complexity, source-of-funds evidence, the regulator’s interview round, and whether banking and operational readiness run in parallel rather than in sequence. Running the workstreams in parallel, as we do, routinely saves three to four months on the regulated mandates.
End-to-End Timeline
| Phase | Timeline | What we do |
|---|---|---|
| Model and jurisdiction call | Week 1 | We classify the dealing model, map your markets and leverage, and recommend the jurisdiction and structure that fit |
| Company formation | 1 to 6 weeks | We incorporate the operating entity and any holding or offshore entities, and build the substance the regulator expects |
| Licence application drafting and filing | Drafting in parallel; regulator review 3 to 12 months by route | We draft, file and shepherd the application and deal with the regulator directly |
| Banking and liquidity | In parallel | We pre-qualify segregated client-money banking and align the liquidity model with the licence permissions |
| Pre-launch readiness | 2 to 6 weeks | Governance sign-off, MLRO induction, KYC tooling, DORA programme and external-audit engagement |
| Total to operational launch | 3 to 14 months by route | One accountable firm across the whole build |
What compresses the timeline: a clean fit-and-proper file for directors and substantial shareholders, pre-drafted compliance and DORA documentation, a parent structure pre-cleared with the regulator, and a dealing model classified correctly from the outset. What expands it: a misclassified model that has to be re-papered, an MLRO appointed late, and banking left until after the application. We manage every one of these for you, which is the difference between a file that sails through and one that stalls. We do not publish fee tables; for a costed scope, book a free consultation.
Frequently Asked Questions
Which licence does my forex or CFD brokerage actually need?
It depends on the clients you serve and how you deal. A broker taking EU retail clients needs a MiFID II investment-firm authorisation, such as a Cyprus Investment Firm licence, with the ESMA leverage caps and full conduct overlay. A broker serving professional or non-EU clients can run from a UAE free zone or an established offshore regime with higher leverage and lighter conduct rules. A market-maker that is the principal counterparty to client trades needs the dealing-on-own-account permission and the higher capital floor; an STP or ECN broker that passes flow to liquidity providers sits under reception, transmission and execution permissions. We classify your model first, then file the right licence. Book a free consultation and we will map it.
Do I need a separate company in each jurisdiction I target?
Often, yes. A single regulated entity with a passport can serve a whole bloc, but brokers that target EU retail and high-leverage non-EU clients at the same time usually run a multi-entity structure: a regulated entity for the regulated markets and a separate offshore entity for the rest, with a holding layer above. We design that structure so the two regulators do not collide on substance, and so banking and liquidity hold across the group. We form every entity ourselves.
How much capital does a forex broker need to hold?
In regulated regimes the binding figure is rarely the headline minimum. EU investment firms are sized on the higher of permanent minimum capital, a quarter of annual fixed overheads, and K-factor capital under the Investment Firms Regulation, so a market-maker that warehouses risk can sit well above the floor. Offshore regimes set lower fixed minimums, but liquidity providers and banking apply their own thresholds on top. We size the capital line around the leverage and the risk you actually run so you do not hit a capital add-on at the first regulatory review. We do not publish fee tables; book a free consultation for a costed scope.
Do prop-trading firms with funded-trader programmes need a forex broker licence?
It depends, and the regulatory perimeter is moving. Pure proprietary trading of firm capital generally falls within the MiFID II Article 2(1)(d) exemption. The funded-trader and evaluation-fee model is a grey area: the Czech National Bank, Italy’s CONSOB, Belgium’s FSMA and Spain’s CNMV have all issued warnings during 2024 and 2025 indicating that where the trading is not on a simulated basis, MiFID services may be triggered. The conservative position is that any model with a real-money execution layer should be reviewed against MiFID II Annex I before launch. We run that review before you commit.
How does Tomberg & Partners deliver a forex broker setup?
We deliver it directly. We form the operating entity in the licensing jurisdiction, structure the capital and key persons around the regime, draft and file the licence application, build the AML and operational-resilience framework into the file, and run banking and liquidity placement in parallel. We deal with the regulator on your behalf. Where in-country work is needed we use vetted lawyers, accountants and licensed specialists we work with directly, never an unverified third party. You deal with one accountable firm end to end. For a scope and quote, book a free consultation.
Plan Your Forex Broker Launch
We form, license and stand behind forex and CFD broker builds: retail, B2B, prop and white-label. One accountable firm, real specialists in-country, and a file that holds up the first time the regulator reads it. Tell us your model, your markets and your leverage strategy.
Banking & Payments
A company and a licence still need a bank account
Banking is one of our three core services. We help high-risk and regulated businesses open the bank and payment accounts that others refuse: we work directly with EU EMIs, payment institutions and crypto-aware banks, confirm appetite before you apply, and make the introduction. Take it with your company and licence, or on its own.
Related Services
- Forex Broker Licensing: the regime-by-regime detail behind this page
- High-Risk Businesses: formation and licensing across gambling, forex and adjacent verticals
- Company Formation: operating and holding entities in the licensing jurisdiction, formed by us
- High-Risk Banking: the supporting segregated client-money and settlement layer
- Multi-Currency Accounts & IBANs: multi-currency settlement for cross-border flows