European Securities and Markets Authority (ESMA)
ESMA ceases renewal of product intervention measure relating to binary options
ESMA said it would not renew its temporary prohibition on binary options for retail clients because most national authorities had taken permanent national measures at least as stringent.
This timeline lists dated actions on binary options that appear in the regulators' own published documents, from a 2013 United States investor alert to Australia's 2022 extension. It is not a complete record of every country's rules.
Timeline
- 6 June 2013 - The SEC and CFTC issued a joint investor alert on binary options and fraud, noting that the regulators had received numerous complaints of fraud associated with binary options websites. Learn more about the United States regulatory structure in our guide to binary options in the United States.
- 26 April 2017 - The Canadian Securities Administrators published a statement: "There are no registered individuals or firms permitted to trade binary options in Canada." For Canadian provincial regulatory details, see our guide to binary options in Canada.
- 22 May 2018 - Decision (EU) 2018/795 imposed a temporary prohibition on the marketing, distribution or sale of binary options to retail clients across the European Union. This base measure was subsequently amended by Decisions (EU) 2018/1466 of 21 August 2018, 2018/2064 of 14 December 2018 and 2019/509 of 22 March 2019.
- 2 January 2019 - Decision (EU) 2018/2064 states: "This Decision shall apply from 2 January 2019 for a period of 3 months."
- 29 March 2019 - The FCA issued a statement confirming permanent rules prohibiting firms from selling, marketing or distributing binary options to retail consumers, with the prohibition coming into force on 2 April 2019. For details on UK rules, see our guide to binary options in the United Kingdom.
- 1 July 2019 - ESMA published a notice announcing it would not renew its temporary prohibition, explaining that the measure in Decision 2019/509 would expire at the end of 1 July 2019 because most national authorities had implemented permanent national measures at least as stringent. Further information is available in our guide to binary options in the European Union.
- 2 July 2019 - BaFin's general administrative act prohibiting the marketing, distribution and sale of binary options to retail clients became applicable in Germany. Review the German regulatory framework in our guide to binary options in Germany.
- 3 May 2021 - ASIC's product intervention order banning the issue and distribution of binary options to retail clients came into operation: "The ban will take effect from Monday 3 May 2021." Consult our guide to binary options in Australia for details.
- Instrument 2022/779 - ASIC Corporations (Product Intervention Order Extension-Binary Options) Instrument 2022/779 declared that the 2021 order remains in force until it is revoked, and the accompanying explanatory statement noted that, if not revoked, it will sunset on 1 October 2031.
How to Read This Timeline
Dates are as stated in each regulator's document. Some statutory instruments specify distinct application dates that differ from their date of publication, while others remain subject to legislative expiry or extension declarations. Traders and investors should verify current rules directly on the relevant regulator's official website, or refer to our country-by-country legal guides.
Frequently Asked Questions
When did the FCA's permanent rules come into force?
The FCA's permanent rules prohibiting firms from selling, marketing or distributing binary options to retail consumers came into force on 2 April 2019, following confirmation published on 29 March 2019.
What happened to ESMA's temporary prohibition?
ESMA announced on 1 July 2019 that its temporary prohibition on binary options for retail clients would not be renewed and would expire at the end of that day, because most national competent authorities across the European Union had taken permanent national measures at least as stringent.
Until when does the ASIC order apply?
Under ASIC Corporations Instrument 2022/779, the product intervention order banning binary options for retail clients remains in force until it is revoked, and its explanatory statement specifies that, if not revoked, it will sunset on 1 October 2031.
Does this timeline determine individual liability?
This page summarises what the regulators' published guidance says. It does not address whether an individual could face liability. Seek independent legal advice.
Sources and Official References
- SEC/CFTC: Investor Alert: Binary Options and Fraud (6 June 2013)
- CSA: Canadian Securities Administrators statement (26 April 2017)
- BaFin: General administrative act on binary options (22 May 2018 reference)
- European Union: Decision (EU) 2018/2064 (14 December 2018)
- FCA: Statement on permanent ban on binary options to retail consumers (29 March 2019)
- ESMA: ESMA ceases renewal of product intervention measure relating to binary options (1 July 2019)
- BaFin: Marketing, distribution and sale of binary options to retail clients will remain prohibited in Germany (1 July 2019)
- ASIC: ASIC bans the sale of binary options to retail clients (media release 21-064MR)
- Federal Register of Legislation: ASIC Corporations Instrument 2022/779 Explanatory Statement (Instrument 2022/779)
This page summarises what the regulators' published guidance says. It does not address whether an individual could face liability. Seek independent legal advice.
This page summarises what the regulators' published guidance says. It does not address whether an individual could face liability. Seek independent legal advice.