David
2 things
1) Market Transperancy: Depth of Market disclosed etc = ZERO in cas eof these CYSEC brokers you don't know if they hedge your trade with other clients or take on the risk? What obligation they have to discuss?
I mean if these brokers are so clean why don;t they sepnd the money and get regulate dina larger regulated markets? like Nadex has done
2) Client MOney safety:
True that Futures are not covered by SIPC in USa only Equity
Forget Forex completely
FSA insurance may give some protection but only if the broker is 100% regulate din UK
In any case one can construct own Binary by doing CAll or PUT spreads ona regulated exchange ( correct me if I am wrong)
Great Questions but no easy answer:
1.You are right about the transparency issue. In terms of regulation though, none exists for binary options outside the US. NADEX is NOT a good example as no one knows for sure how that came to be, seeing as how NO other broker can even get regulated in this industry. Nadex is actually listed as an "exchange" and not a brokerage which is sort of like a broker being given a banking license with no need for capital and margin oversight. It's a bit odd to say the least. I am not saying they are doing anything wrong. On the contrary, they are probably completely on the level. But... it doesn't look right in my opinion. It gave them a pseudo monopoly and although from time to time they get a smack down (like when they were ordered NOT to allow trading on t-bill options and others), they aren't in the same category as a broker would have been.
Nonetheless, from a transparency standpoint, binary is in a bit of a pickle. There is no regulation until , at least, early 2013 and that will be ONLY by CYSEC and passported into MIFID. All that really means is that brokerages will be forced to pass on their trades to a market maker regulated by CYSEC.
What that means is that we are back to square one. Reason being, the same issues people have with market makers in forex they will have here. The need to oversee transactions will be met, but the rest won't be. Most binary brokers will get a clean bill of health though. They will be passing trades to market makers and those MMs are going to be regulated. One such MM is spotoption which is also the software provider for binary options companies. This is a bit of a conflict bu the regulatory body found an elegant solution to this and most brokers are going to go along with it and become either brokerages tied to the MM or "tied agents" of that MM. So things will be cleaner, per se.
#2
As for client funds safety, this is an issue that MIFID needs to solve as a regulatory board in the EU. It exists to some extent but it is very limited. On the hand, it can be maintained that the MIFID method is doing very well seeing as how very few brokers have gone under, taking client funds down with them.
#3
Sure , you can create your own binary option - but it won't necessarily be effective for intra-day trading. The pricing and the Greeks available to build an intra-day model for this are not B&S and as such, require much more work and you wont' necessarily get a better result than just trading with a retail broker. So long as you don't abuse their systems (using cancel features to just snipe spikes and things similar to that) they won't care if you turn a profit (again, depending on what broker you choose - choose a good one and you can see who's better than others at my site Binary Options Broker Reviews, New, Analysis and Special Offers[/url] or others like mine, there are a few trustworthy ones out there with knowledgeable personnel behind the sites. Not just lame affiliate sites with link bait).
GL !