Europe Shelves Prop Firm Regulation as the US Moves the Other Way

Two years ago, European regulators were openly discussing pulling prop firms under MiFID II. Now a senior ESMA figure says the sector is too small to be a priority, even as searches for 'prop firm' surge.

RegulationBy , Senior AnalystPublished Updated 6 min read

If you were waiting for Europe to regulate prop firms, don't hold your breath. In comments published by Finance Magnates on June 26, 2026 and reported by Cyprus Mail on July 2, a senior figure in the EU's securities supervisory system said retail prop trading is not on the agenda.

What was said

Dr George Theocharides chairs Cyprus' regulator CySEC and also chairs ESMA's Risk Standing Committee. He told Finance Magnates: "To the best of my knowledge, ESMA is not currently engaged in any substantive discussions regarding retail prop trading."

He added: "While the topic may be monitored as part of broader market developments, it does not appear to rank among the Authority's immediate priorities, given the relatively limited size of the sector." ESMA itself declined to comment.

That is a change in tone. Finance Magnates recalls that ESMA held its first oversight discussions about the sector two years earlier, and many in the market expected retail prop trading to be pulled into MiFID II. A year ago, Theocharides had said prop trading was "on the radar." CySEC republished the Finance Magnates article on its own site.

It is worth being precise. Theocharides was giving his own view as a committee chair, not announcing an ESMA board decision.

The irony: The same article cites Google Trends data showing searches for "prop firm" in Germany rose by more than 1,050% over five years, peaking in February 2026. The regulator calls the sector small at the moment consumer interest is at its highest.

Meanwhile, in the US

Finance Magnates contrasts Europe's stance with the US, where "a crackdown may be approaching." It reports that large American prop firms are beginning to register with the CFTC. It cites Topstep, now a registered Introducing Broker that sends client orders to a Futures Commission Merchant (Plus500) for execution and clearing. The outlet links that shift partly to the lasting effect of the CFTC's 2023 action against My Forex Funds.

Why the grey zone persists

According to Finance Magnates, prop firms present themselves as simulation or education platforms, not financial institutions. But the model is changing:

The piece asks a pointed question. Can a prop firm still call itself an educational entity if it survives by acting, in effect, as an Introducing Broker for its own regulated brokerage?

Both sides

The case for waiting: Retail prop traders generally risk a fixed fee, not leveraged personal capital. In a separate Finance Magnates interview, Hola Prime's CEO argued prop "can be a safer format for retail participants compared to CFDs." Regulators have limited resources, and the CFTC's defeat in the MFF case shows how costly a badly built enforcement action can be.

The case against: Finance Magnates notes that many Reddit novices seem to believe they are managing real money. Beginners who don't realise they are in a simulation can't judge the risk that the firm won't be able to pay. Italy's Consob warned in 2024 that prop sites promote exercises that "simulate online trading in a type of finance video game."

Our take

Our take: "Too small to prioritise" is a reasonable call on systemic risk and a weak one on consumer protection. Nobody thinks prop firms threaten the stability of the financial system. The issue is millions of retail buyers paying for a product whose odds are rarely disclosed. Europe's silence means the rulebook for EU traders is, for now, whatever each firm's T&Cs say. The uncomfortable question: Finance Magnates suggests it may take another MFF-sized scandal to get Paris to act. Who pays for that scandal?

What traders can do

Key takeaways

  • CySEC chair and ESMA Risk Standing Committee chair George Theocharides said ESMA is not in "substantive discussions" on retail prop trading (published June 26, 2026).
  • He said the sector is not an immediate priority "given the relatively limited size of the sector."
  • Finance Magnates reports large US prop firms are moving to register with the CFTC as Introducing Brokers.
  • Prop firms and brokers are merging, which makes the "education/simulation" label harder to defend.
  • For EU traders, the firm's T&Cs remain the main rulebook.

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FAQ

Is ESMA regulating prop firms?

According to CySEC chairman George Theocharides, who also chairs ESMA's Risk Standing Committee, ESMA is not in substantive discussions about retail prop trading, and it is not an immediate priority. ESMA declined to comment.

Are US prop firms registering with the CFTC?

Finance Magnates reports that some large US prop firms are registering as Introducing Brokers. It cites Topstep, which uses Plus500 as its Futures Commission Merchant.

Why is prop trading in a regulatory grey area?

Many firms describe themselves as simulation or education platforms rather than financial institutions. That keeps them outside broker rules, even as more of them link up with regulated brokerages.

Loomi.Ai provides educational market research, not financial advice. Trading futures and options involves substantial risk of loss, and backtested results are historical and do not guarantee future returns.

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