The Commodities Futures Trading Commission (CFTC) has always had the power to set a minimum Adjusted Net Capital for FOREX dealers who, unlike futures brokers, hold customer funds and could potentially expose customers to their own financial risk. 

In just ten days, on October 31, 2008, FOREX firms with less than $10 million in capitalization will be forced cease operating as a retail FOREX broker by CFTC.  Firms will be further tested on January 17, 2009 when the minimum capitalization required will be increased to $15 million and again on May 16, 2009 when the minimum goes to $20 million.  In addition, the capitalization requirement for firms which offer 100:1 leverage or more will double to a minimum of $40 million.

The table below lists FOREX companies that were under the $10 million minimum as of the August 2008 FCM report to CFTC.