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France

Are prop firms regulated by the AMF?

Why prop firms fall outside AMF supervision, what that changes in practice for a French trader, and how to assess a firm with no authorisation.

Camille Berthier Editorial byline of Top Prop Firm 3 min read Share
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Key points

  1. A prop firm sells an evaluation service and then a profit-sharing contract: it holds no client funds and executes no orders on behalf of third parties. Neither act falls within the AMF’s authorisation perimeter.
  2. Three protections disappear along with the authorisation: fund segregation, the compensation scheme and the ombudsman. Profits awaiting payment are an ordinary claim against the company.
  3. With no regulator doing it for you, the check rests on four cumulative signals: track record, identification of the legal entity, payment history and rule stability.

No, prop firms are not regulated by the Autorité des marchés financiers — and that is not a legal gap waiting to be filled, but a consequence of their activity matching none of the services subject to authorisation. A prop firm does not hold funds on behalf of clients, does not execute orders for third parties on a live account, and does not provide investment advice. It sells an evaluation service, then a profit-sharing contract. Neither of those two acts falls within the AMF’s remit.

The practical consequence is simple to state and heavy to carry: in a dispute you have no ombudsman, no deposit guarantee, and no authority to appeal to.

What the AMF actually supervises

The authority authorises and supervises investment services providers: those who receive and transmit orders, execute orders for third parties, manage portfolios, or hold financial instruments in custody.

A regulated broker, when you open an account with it, falls within that framework. It must segregate client funds from its own cash, belong to a compensation scheme, follow conduct rules, and account for itself.

None of that applies to a prop firm, because none of those situations arises. The account you trade is not opened in your name, the capital is not yours, and in almost every case the positions never reach the live market.

What you lose in practice

Three protections disappear, and it is better to name them precisely.

Segregation of funds. At a regulated broker, your money is legally distinct from the company’s. A bankruptcy does not carry it away. At a prop firm, the fees you pay go straight into the company’s cash, and your gains awaiting payment are an ordinary claim against it. If it disappears, you rank behind the preferential creditors.

The compensation scheme. There is no indemnity fund for prop firm traders. Nothing plays the role of a deposit guarantee scheme.

The route of recourse. A dispute with a regulated broker can be taken to the AMF ombudsman, free of charge. A dispute with a prop firm falls under ordinary contract law, before an often foreign court, with the costs and delays that implies.

What the firm can do that you do not expect

The absence of a supervised framework gives the company latitude that traders systematically underestimate.

It writes the risk rules alone, and generally reserves the right to change them. It alone measures your performance, since the price feed used for the calculation is its own. It alone decides whether a rule breach occurred, with no adversarial procedure. And it alone judges the moment when measured performance turns into a bank transfer.

That is not an accusation against the industry: most established firms honour their commitments. It is a description of a balance of power, and it is useful to know which way it tilts before paying.

Assessing a firm with no authorisation

Since no regulator does it for you, verification rests on clues that accumulate.

Age is the most robust. A company that has been paying its traders for six years has demonstrated something no commercial promise replaces. A firm launched eight months ago has demonstrated nothing, whatever its advertised terms.

Identifying the entity comes next. Company name, registration number, jurisdiction, named directors: that information must appear in the legal notices and be verifiable in a public register. Its absence is an answer in itself.

The payment history counts for more than its announced volume. A total payout figure displayed on a home page is verifiable by nobody. Regular payment evidence, spread over time and coming from identifiable traders, is worth more.

Rule stability finally. A firm that changes its withdrawal conditions and applies them to accounts already open is telling you how it will treat your case on the day your payout becomes inconvenient.

The reasoning to apply

Do not try to establish whether a prop firm is “authorised” — the question has no useful answer. Ask this one instead: if this company decides tomorrow not to pay me, what stops it?

The possible answers are few: its reputation, its business model if it genuinely rests on its traders’ performance, and the prospect of litigation it would rather avoid. That is not much, but it is measurable — and it is what our trust pillar weighs, the most heavily weighted in our score.

Compare firms on verifiable criteria

Track record, legal entity, drawdown type, payout history: every figure is taken from the firm’s own website, with the date we checked it.

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Frequently asked questions

Can a prop firm be authorised by the AMF?
As their business currently stands, there is no reason for it to be: investment services provider authorisation covers services a prop firm does not provide. Some firms do belong to a group that also owns a regulated broker. That is useful information about the group's solidity, but the broker's authorisation does not cover the evaluation business.
What can I do if a firm refuses to pay me?
Your recourse is that of ordinary contract law, not of investor protection. There is no sector ombudsman and no fast-track procedure. In practice the realistic route is a formal written demand relying on the terms and conditions, then possibly legal action — whose cost often exceeds the amount at stake.
Does a firm being European change anything?
In terms of financial supervision, no: the activity remains outside the scope of investment authorisations. Registration in the European Union does however make identifying the entity and any legal action easier than with a company incorporated in an offshore jurisdiction. It is a factor of confidence, not a guarantee.
Is prop firm trading legal in France?
Yes. You trade neither your own money nor anyone else's: you provide a performance-based service under a contract. Nothing prohibits the activity, and the income arising from it is taxable as such. The absence of regulation does not make the activity illegal: it removes its protection.
How do you check that a firm really exists?
Look for the legal entity's name in the legal notices or the terms and conditions, then check it in the company register of the country concerned. A firm publishing neither a company name, nor a registration number, nor an address is a warning sign in itself.

About the author

Camille Berthier

Camille Berthier is the editorial byline under which Top Prop Firm publishes its analyses and firm reviews. It is not a natural person: it is the name given to a single editorial line applied across the site, so that readers find the same criteria, the same vocabulary and the same standard from one article to the next. Every piece signed with this name follows the same rule: no figure that does not come from the verified data profiles, no recommendation influenced by a commercial relationship, and no gap filled with an estimate when verification failed.

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