Can You Lose More Than You Invest in Futures?
In a futures account carried by a US broker, the deposit is not a floor: federal rules require the customer to be told they may lose it all and still be liable for whatever the account is short.

Yes. In a futures account carried by a US futures commission merchant, the amount you put in is not the limit of what a position can cost you, and federal rules require the broker to say so in writing before opening the account for anyone other than an institutional customer. The disclosure statement prescribed at 17 CFR 1.55 tells the customer that the deposited funds can be lost in full and that losses can run past that amount, leaving a shortfall the customer has to make good.
That is the plain answer. The mechanism behind it is worth following, because it is short, it is written into the rules rather than left to a broker's discretion, and knowing it changes how a stop order and a margin figure should be read.
Why can a futures loss run past the money in the account?
A futures loss can exceed the deposit because the funds in the account are margin — what the broker requires to establish or maintain the position, in the words of 17 CFR 1.55 — rather than the value of the contract itself. The eleventh point of the rule's risk disclosure statement traces the high degree of leverage available in futures, gearing in the rule's vocabulary, to those small margin requirements, and says the effect runs against the trader as readily as for them.
Margin is not one number, either, and how the intraday and overnight figures differ is a subject of its own, covered in day trading margin versus overnight margin. Neither figure is a cap on the loss.
What happens if you cannot meet a futures margin call?
A margin call on a futures account is a demand for more funds to keep an open position, and 17 CFR 1.55 warns the customer that the sum can be substantial and the notice short. If the money does not arrive inside the window the broker sets, the position can be closed out at a loss — and closing it does not settle the bill. The CFTC's required statement is blunt about what is left over: "you will be liable for any resulting deficit in your account".
Deficit liability is the whole answer to whether a futures loss can exceed the deposit. A liquidation stops the position from getting worse; it does not reverse a loss that has already exceeded the deposit. Whatever the account is short once the position is gone is what the rule makes the customer liable for, and the disclosure puts that in front of them before the account is even open.
Does a stop order cap what you can lose?
A stop order does not cap a futures loss at the price written on the order. The CFTC's glossary defines a stop order as one that turns into a market order as soon as trading reaches its price level, and defines a market order as one filled at whatever the market is offering when it gets there. The price on a stop is a trigger, not a promised fill.
The 17 CFR 1.55 disclosure statement makes the same point from the other side. Its ninth item tells the customer that markets can reach states where closing a position is hard and sometimes cannot be done at all, and the case the rule offers is a market that has run into its daily price fluctuation limit, or limit move. The CFTC glossary describes that limit as the furthest an exchange's own rules let a price travel in one session, measured from the previous settlement.
Has a futures contract ever settled at a negative price?
Yes. CFTC staff record the May 2020 delivery month of NYMEX's West Texas Intermediate light sweet crude oil future settling at minus $37.63 a barrel on 20 April 2020, a session before its 21 April expiry. No negative price had printed in the contract's 37 years of listing. The finding sits in an interim staff report from the CFTC's Division of Market Oversight and Office of the Chief Economist, published 23 November 2020.
What the episode contributes here is arithmetic rather than oil: a long position loses as the price falls, and the price can go below zero. Two details in the staff account bear on the sections above. Liquidity in that contract's order book had been decreasing for some time beforehand, which matters for a stop, since a triggered stop becomes a market order and a market order takes the liquidity that is there. And the exchange's own trading pauses were triggered that afternoon; even so, through the ninety minutes before the 2:30 p.m. Eastern settlement the price moved in a way staff called exceptional.
Two limits on reading it wider. The report was interim and put root-cause analysis of individual price moves outside its scope, so it sets down conditions rather than explaining them. And it covers one crude oil contract and one expiry: evidence about that contract, not about equity index futures or futures as a class. What it does establish is what this post needs. A futures price is not floored at zero, so neither is the loss on a long position.
Can a broker promise to limit your losses?
No. A separate rule, 17 CFR 1.56, bars a futures commission merchant or introducing broker from representing that it will guarantee a person against loss, that it will limit that person's loss, or that it will decline to call for and collect the initial and maintenance margin the relevant exchange's rules establish. A further paragraph of the same section bars any person from representing that a futures commission merchant or introducing broker will do any of those three things.
Two carve-outs exist and both are narrow: a firm may absorb or share losses caused by its own error or mishandling of an order, and it may serve as general partner of a commodity pool organised as a limited partnership. Neither creates a general safety net for a customer's trading.
The scope matters here. Rule 1.56 names futures commission merchants and introducing brokers, and those are the firms it binds. It says nothing either way about proprietary trading firms.
How is the downside different on a simulated funded account?
On a simulated funded account, the deficit exposure described in 17 CFR 1.55 does not arise, because there is no margin deposited with a futures commission merchant and no brokerage account in the trader's name. Every Lumen Futures account, evaluation and funded alike, is a simulated account trading live market data, so what a losing run costs is the money already paid for the account, not an open-ended obligation.
| Futures account at a US futures commission merchant | Simulated funded account here | |
|---|---|---|
| What the account holds | Margin the customer put up to establish or maintain open positions, per 17 CFR 1.55 | No trader capital; the account is simulated and the capital is not a brokerage account held in the trader's name |
| What ends it when losses mount | Liquidation at a loss if a margin call is not met in the time the broker requires, per 17 CFR 1.55 | A maximum drawdown breach, which closes the account |
| What the loss can amount to | The deposit in full, plus any deficit the customer is liable for, per 17 CFR 1.55 | What was paid for the account; on a breached funded account the help centre records no penalty beyond the account closing |
The only performance rule that closes an account here is the maximum drawdown, and what happens if you fail sets out the consequence: a breached funded account closes, the trader starts again with a new evaluation at the normal price, and there is no penalty beyond that. A failed evaluation stops trading, and depending on the program it is either reset or bought again.
Removing the deficit risk is not the same as removing risk. The fee is real money, a drawdown breach ends the account, and the risk disclosure is worth reading before treating a simulated account as the safer route into futures rather than the differently structured one. The mechanics of where a simulated order actually goes are covered in sim trading versus live trading.
FAQ
What is a deficit balance in a futures account?
A deficit balance is what a futures account owes its broker after a position has been closed for more than the funds standing behind it. 17 CFR 1.55 requires a futures commission merchant to put a written risk disclosure statement in a non-institutional customer's hands before the account is opened at all, and that statement warns the customer that a loss can run past everything deposited and that making up the shortfall falls to them.
Are futures accounts protected by SIPC?
No. Under point three of the 17 CFR 1.55 risk disclosure statement, money placed with a futures commission merchant to trade futures sits outside Securities Investor Protection Corporation coverage, and it makes no difference that the same firm is also registered with the SEC as a broker or dealer. The neighbouring points add that those funds are not insured against the firm's bankruptcy, insolvency or misappropriation, and are generally not guaranteed by a derivatives clearing organization either, though the rule says some clearing organizations run limited programs.
Can you lose more than you paid for a prop firm account?
At Lumen Futures, no: the accounts are simulated, so there is no margin deposited with a futures commission merchant and no deficit balance to owe one. On a funded account the help centre says a maximum drawdown breach closes the account, the trader starts again with a new evaluation at the normal price, and there is no penalty beyond that; a failed evaluation stops trading and is reset or bought again depending on the program. Another firm is a different arrangement, so read that firm's own terms rather than assuming they match.
Sources
- 17 CFR 1.55 — Public disclosures by futures commission merchants (2025 CFR, govinfo)
- 17 CFR 1.56 — Prohibition of guarantees against loss (2025 CFR, govinfo)
- CFTC Release 8315-20 — CFTC Staff Publishes Interim Report on NYMEX WTI Crude Contract Trading on and around April 20, 2020
- CFTC Glossary — stop order, market order, daily price limit
Educational content about futures markets and simulated trading. Not investment advice, and not a solicitation to trade. Trading futures involves substantial risk of loss. Read the full risk disclosure.