Question: Advertising FX in foreign Jurisdiction (regulated activities)

Zvi Okeke

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Hi.

As some of you may know, there exist laws pertaining to solicitation of clients. I will use USA as an example, but similar laws exist elsewhere. Securities Act 1934 section 15 (https://www.govinfo.gov/content/pkg/COMPS-1885/pdf/COMPS-1885.pdf) will basically prohibit any solicitation if you are not registered with the relevant regulator.
SecAct 1.png

This is reflected by Google's policies whereby you have to pass specific verification when launching campaigns. This is in addition to their own policies related to FX/options advertising, as they see those are risky products.
Google Ads policies .png

Representatives/acc managers of other ad networks and programmatic ad platforms say that bc their platforms are not under as much scrutiny as Google, they allow advertising of FX/Crypto and other financial services with no issues. But the responsibility of following all laws with regards to client solicitation still rests on the shoulders of the advertisers.

Hence my question is as follows: does anyone have experience targeting clients through digital ads (display/native/paid search) in tier 1 jurisdictions ie USA, Australia and UK in the forex/crypto/securities/insurance industries without having licenses in those jurisdictions? Has anyone ever ran into any problems?

My guess is that regulators have better things to do than take down banner ads, and advertisers should have nothing to worry about... But please do share your experience/thoughts.

Thanks
 
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