OANDA is required to disclose any material administrative, civil, enforcement or criminal complaints or actions filed against OANDA where such complaints or actions have not concluded, and any enforcement complaints or actions filed against FCM during the last three years.
On April 1, 2021, the National Futures Association (“NFA”) issued a Decision accepting an Offer of Settlement (“Offer”) that OANDA had made to resolve a complaint that NFA had issued on March 8, 2021 (“Complaint”). The Complaint had alleged, inter alia, that OANDA: (1) in apparent violation of NFA Financial Requirements Section 13, had failed on various dates to submit certain daily forex reports accurately or timely; and (2) in apparent violation of NFA Compliance Rule 2-36(e), had failed: (i) to adopt and implement an adequate information systems security program; (ii) in three instances, to follow its procedures for handling and resolving customer complaints; and (iii) as a result of the foregoing, to diligently supervise its business and employees. Under the terms of the Offer, OANDA, without admitting or denying the allegations in the Complaint, consented to findings that it had violated NFA Financial Requirements Section 13 and NFA Compliance Rule 2-36 and agreed to pay a fine of $200,000.
On August 21, 2020, the Commodity Futures Trading Commission issued an order filing and settling charges (the “Order”) against OANDA Corporation (“OANDA”). The summary of the Order provides: "In or around October 2018 and during the period April 2019 to August 2019, the CFTC OANDA failed at times to meet certain financial requirements applicable to futures commission merchants (“FCMs”) offering or engaging in retail foreign currency transactions and/or retail foreign exchange dealers (“RFEDs”): (1) OANDA failed to meet minimum capital requirements from April 26, 2019 to August 21, 2019 and (2) OANDA made dividend payments on October 15, 2018, April 26, 2019, and May 28, 2019 in violation of the equity withdrawal restriction. In addition, OANDA violated certain reporting requirements related to its violations of these financial requirements. The Commission’s Division of Enforcement has found no indication that customers suffered any losses as a result of OANDA’s net capital and equity withdrawal restriction violations. OANDA did not maintain adequate internal controls with respect to these financial and reporting requirements; consequently, the firm failed to diligently supervise these matters related to its business as a Commission registrant. In accepting OANDA’s offer of settlement, the Commission recognizes OANDA’s cooperation in the investigation of this matter."
More information can be found through the NFA BASIC system at https://www.nfa.futures.org/basicnet/.