- ASF is the main authority for investment firms offering CFDs in Romania; BNR's MiFID role is narrower and mainly concerns credit institutions for specific instruments under Law 126/2018
- A broker may serve Romanian retail clients with an ASF authorisation or through a MiFID II passport notified to ASF; a passport notification is not a Romanian licence
- Law 126/2018 art. 104, applied through ASF Regulation 11/2018 and clarified by Regulation 24/2020, permanently restricts retail CFDs: leverage caps, 50% account-level margin close-out, negative-balance protection, a bonus ban and risk warnings
- Romanian participants in Fondul de Compensare a Investitorilor cover eligible client-asset claims up to the lei equivalent of EUR 20,000; a passported Cypriot firm typically sits under the Cyprus ICF instead
- Gains from operations with financial instruments including derivatives are covered by ANAF Declarația Unică rules; treatment differs if the intermediary is a Romanian tax resident or a foreign firm
- Regulation limits broker-failure and product-design risks; it does not remove leveraged market losses
- Who supervises forex and CFDs in Romania: ASF and BNR
- How a broker can legally serve you in Romania
- How to check a firm in ASF records
- Romania's permanent retail CFD rules: Law 126/2018 and ASF Regulation 11/2018
- Passporting versus a local firm: which protections follow you
- Compensation: Fondul de Compensare a Investitorilor versus a home-state fund
- RON funding, BNR rates and conversion costs
- Tax note: ANAF Declarația Unică and CFD gains
- Where XM and Exness fit for Romanian residents
- Glossary (Romania-specific)
- Checklist before you fund
- Key takeaways
- Continue research on ForexTradeLab
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Romania is an EU capital market with its own permanent retail CFD rules written into Law 126/2018 and detailed by the Financial Supervisory Authority (Autoritatea de Supraveghere Financiară, ASF). For a trader in Bucharest, Cluj-Napoca or Timișoara, the useful questions are narrower than any global ranking: which legal company will sign your agreement, how that company appears in ASF registers, whether Law 126/2018 art. 104 protections apply, which compensation fund sits behind the entity, and how you will report results to ANAF. The broker table above this article is drawn from our database; use this guide to interpret it, not as a verdict on the best brand.
Who supervises forex and CFDs in Romania: ASF and BNR#
ASF is the competent authority for most retail CFD and investment-firm offers in Romania; Banca Națională a României (BNR) has a narrower MiFID role focused on credit institutions for specific instruments. Under Law 126/2018, ASF authorises and supervises societăți de servicii de investiții financiare (S.S.I.F.) and oversees EEA firms that serve Romania under the freedom to provide services or through a branch. BNR becomes the competent authority mainly when credit institutions provide certain investment services with money-market instruments, government securities or defined interest-rate and FX derivatives linked to rates or indices published by BNR or the ECB, and it authorises those bank investment activities in consultation with ASF. Online CFD brands used by retail traders are usually investment firms under ASF's perimeter, not bank products under BNR's special MiFID carve-out.
Worked example: a Romanian bank may offer FX-related investment services under BNR authorisation for the instruments listed in Law 126/2018 art. 2. A Cyprus Investment Firm selling CFDs online to Romanian residents is not "BNR-licensed"; it should appear in ASF records after a MiFID passport notification.
Common mistake: treating BNR as the retail forex-broker licence office for every online platform. For non-bank investment firms, ASF is the primary register and conduct authority.
Tip: bookmark ASF registers, ASF investor alerts and the home regulator together. A passported firm often needs all three checks. Follow the same brand-versus-entity discipline in our broker brand versus legal entity checklist.
How a broker can legally serve you in Romania#
A broker can reach Romanian retail clients in two lawful ways: an ASF authorisation for a Romanian investment firm, or an EU passport notified to ASF by its home regulator. Anything else, such as an offshore company contacting you through social media, is not authorised to provide investment services in Romania.
The first route is a Romanian S.S.I.F. (or, where applicable, a credit institution authorised for the relevant investment services). The second is the MiFID II European passport. A firm authorised in another EEA state — commonly a Cyprus Investment Firm supervised by CySEC — notifies its home regulator that it intends to provide services in Romania. The home regulator notifies ASF. The firm may then serve Romanian clients cross-border or through a Romanian branch. An ASF incoming-firm or passport record is not an ASF-issued Romanian licence.
Under a passport, prudential supervision and client-money rules stay with the home authority. Product design for retail CFDs marketed, sold or distributed in Romania still has to respect Law 126/2018 art. 104.
How to check a firm in ASF records#
Search the exact legal name, not the brand.
- Open the ASF Financial Instruments and Investments Registry and search the legal name from your client agreement.
- Confirm whether the firm is a Romanian-authorised entity, a branch, or an EEA firm providing services directly under passporting.
- Open the home regulator's register (for Cyprus, the CySEC register) and check the same company and licence status.
- Search ASF investor alerts for the brand, legal name and any domain the firm uses.
If an EEA firm serving you is missing from ASF records, ask it in writing why. A firm based outside the EEA has no MiFID II passport to use. For deceptive-marketing patterns, see forex scam warning signs and how to stay safe.
Romania's permanent retail CFD rules: Law 126/2018 and ASF Regulation 11/2018#
Every professional marketing, sale or distribution of CFDs to retail clients or consumers in Romania is limited to the protective conditions in Law 126/2018 art. 104. Those conditions include initial-margin protection, margin close-out protection, negative balance protection, a standardised risk warning and a ban on monetary and non-monetary benefits that encourage CFD trading. ASF Regulation 11/2018 of 25 September 2018 (Monitorul Oficial nr. 856/9 October 2018) sets the leverage bands that apply at position opening. ASF Regulation 24/2020 clarified that margin close-out is an account-level rule: one or more open CFDs must be closed on terms most favourable to the client when funds plus unrealised net profits fall below half of the total initial-margin protection for those positions.
For a retail client, Regulation 11/2018 limits opening leverage to:
| Underlying | Approximate max leverage | Minimum initial margin |
|---|---|---|
| Major pairs (any two of USD, EUR, JPY, GBP, CAD, CHF) | 30:1 | 3.33% |
| Other pairs; gold; listed major indices (FTSE 100, CAC 40, DAX, DJIA, S&P 500, NASDAQ, Nikkei 225, ASX 200, EURO STOXX 50) | 20:1 | 5% |
| Other commodities and equity indices | 10:1 | 10% |
| Individual shares and other underlyings | 5:1 | 20% |
| Cryptocurrencies | 2:1 | 50% |
The risk warning must include the provider's own percentage of losing retail CFD accounts, calculated under Regulation 11/2018, or the standard 74–89% range when the firm has no qualifying history. For the wider EU context, see ESMA, FCA and ASIC leverage limits.
Worked example: you want exposure equal to about EUR 100,000 on EUR/USD. At 30:1 the required margin is about EUR 3,333. If losses push equity below half that margin for open CFDs, the broker must start closing positions. Use the lot size calculator to run your own numbers.
Common mistake: treating professional-client opt-up as a shortcut to 200:1 leverage. Genuine professional classification under MiFID II removes retail protections, including mandatory negative balance protection.
Tip: if a firm advertises an opening bonus, cashback or gift to Romanian retail clients, treat it as evidence that you are dealing with the wrong entity or an unauthorised offer.
Passporting versus a local firm: which protections follow you#
The way a firm reaches Romania changes who supervises conduct day to day, where you complain, and which compensation scheme applies.
| Route | Who authorises the firm | CFD rules sold to you | Compensation if the firm fails |
|---|---|---|---|
| Romanian S.S.I.F. (or eligible Romanian bank investment activity) | ASF (S.S.I.F.); BNR pathway for certain bank instruments under Law 126/2018 | Law 126/2018 art. 104 and ASF Regulation 11/2018 | Fondul de Compensare a Investitorilor for eligible members, up to the lei equivalent of EUR 20,000 |
| EEA firm passported with a Romanian branch | Home regulator; ASF records the branch | Romanian CFD rules for sales in Romania | Home scheme first; FCI rules may apply only where the branch or participant status qualifies |
| EEA firm passported without a branch (common for online CFDs) | Home regulator, e.g. CySEC | Romanian CFD rules for marketing/sale in Romania | Home scheme; Cyprus ICF typically pays the lower of 90% of covered claims or EUR 20,000 |
| Non-EEA offshore entity | Offshore regulator, if any | No reliable Romanian or EU retail CFD protections | Usually none comparable |
Worked example: the agreement names Trading Point of Financial Instruments Ltd. You match that exact name in ASF records as an incoming EEA firm and on CySEC under licence 120/10 before any RON or EUR conversion. A related group company outside the EU is not covered by that passport record.
Common mistake: reading an ASF incoming-firm entry as proof that every group entity, account type, RON method or promotion is available and protected in Romania.
Tip: write one sentence before you deposit — "internal complaints desk → [home regulator] → [home compensation scheme]" — and save it next to the ASF and home-register screenshots.
Compensation: Fondul de Compensare a Investitorilor versus a home-state fund#
Compensation schemes address eligible client-asset claims after an investment firm fails; they never reimburse ordinary market losses on leveraged CFDs. Law 88/2021 and Fondul de Compensare a Investitorilor materials state that eligible investors are compensated, on equal terms, up to a maximum equal to the lei equivalent of EUR 20,000 when a Fund member cannot return client cash or instruments. Payment uses the BNR reference rate on the date the inability to return assets is established. A passported Cypriot firm that is not an FCI participant typically falls under the Cyprus Investor Compensation Fund instead. Confirm which scheme your entity documents name.
RON funding, BNR rates and conversion costs#
The Romanian leu (RON) floats under a managed-float regime consistent with BNR inflation targeting; most EU CFD accounts still settle in EUR or USD, so a RON deposit adds conversion on the way in and often again on the way out. Public sources do not establish universal RON funding for any specific brand. Rely only on the methods shown in the authenticated cashier for your verified profile, use a same-name source, and test a small withdrawal before scaling.
| Channel | Practical note |
|---|---|
| Card or bank transfer in RON | Confirm conversion rate, fees and same-name beneficiary |
| EUR-denominated funding | Avoids one conversion if you already hold EUR |
| E-wallet | Technical availability is not proof of eligibility for your account |
ANAF guidance on foreign-currency investment calculations points to the BNR exchange rate valid for the day the gain is determined. Keep every conversion receipt with your statements.
Worked example: a trader funds in RON by card, sees most of it credited in EUR, then loses again on the return conversion plus a fixed withdrawal fee. Holding EUR and funding in EUR would have removed one leg.
Common mistake: comparing brokers on quoted spread alone while ignoring the two conversion legs, which for smaller accounts often exceed any advertised spread saving.
Tip: reconcile four numbers before scaling — RON debited, foreign currency sent, amount credited, amount returned on a test withdrawal.
Tax note: ANAF Declarația Unică and CFD gains#
ANAF Declarația Unică (form 212) materials explicitly cover gains from the transfer of securities and other operations with financial instruments, including derivatives. How you report depends on the intermediary:
- If operations run through a Romanian tax-resident intermediary, or a non-resident with a Romanian permanent establishment that acts as intermediary, ANAF materials treat the income as Romanian-source. Withholding by the intermediary may apply under the Fiscal Code rules for that route (rates for withholding through intermediaries were amended for 2026; confirm the live Codul fiscal text with your adviser).
- If you trade through a foreign broker without that Romanian intermediary presence, ANAF materials treat the income as foreign income declared in Declarația Unică (Capitolul I, Secțiunea I.2). Foreign brokers usually withhold nothing for Romanian tax, so the filing and payment burden sits with you.
Use the BNR rate for converting foreign-currency amounts. Keep complete annual statements. Classification of a specific CFD product, loss carry-forward and social-contribution interactions can be fact-specific — this is education, not tax advice. Start from ANAF and a qualified Romanian tax adviser.
Where XM and Exness fit for Romanian residents#
Neither brand should be treated as ASF-licensed unless ASF records show that exact company. XM's EU retail path is Trading Point of Financial Instruments Ltd (CySEC 120/10). The group's FCA FRN 705428 and ASIC AFSL 443670 trade as Trading.com, not XM. Exness states that Exness (Cy) Ltd (CySEC 178/12) and Exness (UK) Ltd do not serve retail clients; retail accounts use other group entities with different protections. Confirm live eligibility, the contracting entity, leverage and payment methods during onboarding against ASF and home-regulator records.
After the ASF checks: use Licensed Brokers to compare documented entities and the Broker Quiz to clarify region and strategy preferences. For the selection method itself, see how to choose a reliable forex broker. None of these tools replaces official ASF registers or investor alerts.
Glossary (Romania-specific)#
- ASF: Autoritatea de Supraveghere Financiară — Romania's financial supervisory authority for capital markets and most investment firms.
- BNR: Banca Națională a României — central bank; managed-float RON issuer and MiFID competent authority for defined bank investment activities.
- S.S.I.F.: Societate de servicii de investiții financiare — Romanian investment firm authorised by ASF.
- Law 126/2018 art. 104: Primary Romanian statute that permanently restricts retail CFD marketing, sale and distribution.
- ASF Regulation 11/2018: Secondary rules setting retail CFD leverage bands and risk-warning formats.
- FCI: Fondul de Compensare a Investitorilor — investor compensation fund for eligible Romanian participants, capped at the lei equivalent of EUR 20,000.
- Declarația Unică: ANAF form 212 used by individuals to declare, among other items, gains from financial instruments including derivatives.
- Passporting: MiFID II route allowing an EEA firm to serve Romania after home-regulator notification to ASF; not a Romanian licence.
Checklist before you fund#
- Match the legal name across the client agreement, ASF register entry and home-regulator record.
- Confirm the firm is absent from current ASF investor alerts.
- Verify leverage caps, 50% account-level close-out, negative-balance wording, risk warning and no CFD trading bonus in the terms and KID.
- Note whether FCI or a home-state scheme (for example Cyprus ICF) would apply if the firm fails.
- Confirm live RON/EUR funding and withdrawal routes after KYC, then test a small withdrawal.
- Keep statements and conversion receipts for Declarația Unică and a tax review.
- Do not accept an offshore group entity merely for higher leverage.
Key takeaways#
- ASF is the main register and conduct authority for retail CFD offers; BNR's MiFID role is narrower and mostly bank-specific under Law 126/2018.
- An EU passport notification recorded by ASF is lawful but is not a Romanian licence, and compensation usually follows the home scheme.
- Law 126/2018 art. 104 plus ASF Regulation 11/2018 (and Regulation 24/2020 on close-out) permanently restrict retail CFDs sold in Romania.
- FCI cover up to the lei equivalent of EUR 20,000 is for eligible Fund members; passported CySEC firms typically use the Cyprus ICF instead.
- ANAF Declarația Unică covers derivative and other financial-instrument gains; Romanian intermediaries and foreign brokers create different filing paths.
- Regulation and compensation limit some counterparty harms; they do not stop leveraged market losses.
Continue research on ForexTradeLab#
After the ASF checks — not instead of official registers — continue with best forex brokers 2026 and our review methodology. Romania observes EET/EEST; the London–New York overlap usually falls in the local afternoon, so session planning matters once the legal entity is confirmed.
Risk warning: Romanian retail CFDs remain high-risk leveraged products even when Law 126/2018 art. 104 and ASF Regulation 11/2018 apply. Most retail CFD accounts lose money. ASF supervision, FCI or home-state compensation and negative-balance rules limit some counterparty and product-design harms; they do not stop ordinary market losses. An EU passport recorded by ASF is not a Romanian licence. This article is educational only for Romanian residents and is not financial, legal or tax advice.
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