- Forex Trading And Regulatory Investigations: How Toronto Attorneys Can Help
- Warning! Do’s And Don’ts Of Forex Trading 2020.
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Forex Trading And Regulatory Investigations: How Toronto Attorneys Can Help – Retail Forex regulation can be defined as the set of laws that must be strictly followed by all operators dealing in Forex trading. These laws are enacted by an Act of Parliament.
Retail online forex trading is unregulated in Uganda, so most of the regulations discussed here will apply overseas.
Forex Trading And Regulatory Investigations: How Toronto Attorneys Can Help
The lack of Forex regulation in Uganda is a challenge to verify the regulatory status of foreign Forex brokers. It is important for traders to understand why regulation is important and what regulations apply in the major forex jurisdictions.
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Licensing is subject to the laws of each jurisdiction. The law sets out the basic requirements for registration in various jurisdictions. In Europe, MIFID I was upgraded to the MIFID II regulation to harmonize regulations across Europe and encourage transparency. In jurisdictions like the UK it can take between 6 and 12 months to get your license approved. However, some common requirements that are cut across most regions are:
Regulators are licensed brokers; Prohibited persons; Licenses being revoked and license requests under review are always published on their websites for public inspection.
Forex traders in Uganda have the option of trading through brokers registered in neighboring Kenya. There are 6 non-trading CMA licensed Forex brokers in Kenya, which means that conflicts of interest are minimized when acting as an intermediary. These brokers offer multiple trading platforms and accept payments and withdrawals from Safaricom’s M-Pesa.
Most forex brokers have dual or multiple licenses, some combining FCA (UK) licenses with ASIC (Australia) etc. This is a welcome development because there is not too much regulation.
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You can view a broker’s license information at the bottom of their web page; It can then be verified by the relevant regulators around the world to keep your funds safe.
If your Forex broker is licensed by a regulatory body; It can still face punishment from the same regulatory body if it goes against the rules it is registered to follow. In fact, you can even take out a license.
For example, The Australian Securities and Investments Commission (ASIC) has banned a Forex capital trading director for ten years after investigations found it breached ASIC rules: by pressuring account managers to recommend inappropriate products to clients; Provide incentives to customers to make risky decisions.
In 2020, South Africa’s Financial Sector Conduct Authority (FSCA) launched court proceedings against JP Markets, demanding the debarment of a forex broker over allegedly corrupt practices.
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A number of market operators across Europe have been sanctioned under the sanctions and measures imposed under MIFID II issued by the European Securities & Markets Authority (ESMA). 469 maximum sanctions for violating regulations in the Czech Republic; The 106 euros was imposed by regulators in the Czech Republic.
An investor protection fund exists to protect investors if a licensed brokerage firm goes bankrupt or engages in any act that harms your funds and is entitled to compensation.
For example, The United Kingdom’s Financial Services Compensation Scheme (FSCS) provides for compensation claims against companies that misuse your funds or give you false advice. Customers who fall victim to wrongdoing by financial firms can receive up to £85,000 in compensation, depending on the date of that firm’s failure.
A regulated broker should have a policy known as “Segregation of Accounts” which stipulates that your trading accounts are separated from your forex broker’s operational accounts. This is to prevent misuse of user funds and leave clear audit trails.
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With the policy of identifying accounts; The broker is prohibited from misusing your funds or using them to cover any losses.
In the United Kingdom, The separation rules are spelled out under the Financial Conduct Authority’s Client Assets Sourcebook (CASS) 5.5.
Policy is very important, especially with the rise of fraudulent Forex brokers. This will boost your confidence when trading Forex as it will make it easier to get your money back if the broker fails.
Leverage is a tool in Forex trading that gives you the opportunity to enter a large trading position with a small deposit (margin). It’s a loan your broker gives you to make the market more accessible, and it’s expressed in ratios.
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For example, If the broker offers you 200:1 leverage. That means you’re spending $1 for every $200 in control. In that case, You can use a $20 deposit to control a trade worth $4,000.
But when using high leverage, you are in a state of shock due to small changes in currency exchange rates; Your broker may ask you to make a quick deposit to close your trade and lose all your money.
Higher leverage means higher profits and higher losses. We are smart and can easily be defined as a double-edged sword.
Some regulators set a limit on the leverage brokers can offer. for example, Where ESMA imposes leverage limits on CFDs, leveraged brokers may offer clients to trade CFDs:
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Margin Level indicates the healthy status of your margin trading account. It tells you the amount of margin available to open additional positions.
If your margin level falls below a certain level, your broker will close you down. It automatically closes some of your open positions because you don’t have enough equity left to face further losses while trading.
The margin rule for brokers in the EU is set by ESMA at a minimum required margin of 50%, while in Australia it is also set at 50%.
If you have $150 worth of shares and you have $100,000 worth of EUR/USD, choose 1:1000 to open an order.
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If your trades end in loss, This will be 50% to the point margin level and your positions will be closed.
An important aspect of following the margin close out rule is to prevent your account from going into the negative. This is because your broker has to pay you what you owe, which could either bankrupt them or illegally use other clients’ funds to cover the short fall.
In order to avoid unhealthy competition among forex brokers; Typically, regulators regulate Forex brokers’ promotions, The method of introducing bonuses and rewards for retail traders is often monitored.
Regulators ensure that all sales promotion processes and sales models are not abused by brokers.
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In order to strengthen the protection of investors, ESMA recommends to the European Commission to prevent all forms of fraud and other gaming of trading.
Verena Ross, head of ESMA, said: ‘Gamification technologies in trading apps and personalized recommendations on social media allow retail investors to engage in trading behavior without understanding the risks involved.’
A zero commission broker in the USA – Robinhood was accused of game trading and eventually had to scrap their ‘Paperbacks’ animation that appeared every time a new customer made a trade.
If you register with an unregulated broker; You may not receive financial compensation if your broker goes bankrupt or goes out of business.
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An unregulated broker may take advantage of the fact that it is not under regulation and engage in unfair or fraudulent practices, so your trading funds are not safe.
Africa lags behind in regulating Forex trading as only Kenya and South Africa have regulations. Traders in Uganda can use brokers accredited by regulators in Kenya and South Africa, or the UK. Foreign brokers from Australia or Europe can be used.
However, They must pay attention to their license status to make sure they are approved or their licenses have not been revoked. Analyzing the Model of My Forex Funds: How a Prop Trading Firm Made $310 Million OSC exposes HB Global for promoting unauthorized FX products.
The Ontario Securities Commission (OSC) has placed HB Global on a do-not-do-business list, according to a regulatory release.
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HB Global is the latest entity to be placed on the OSC warning list following a recent surge in complaints about Forex Forex Foreign exchange, or forex, is the act of converting one country’s currency into another country’s currency (owning a different currency). for example, Convert British Pounds to US Dollars; and vice versa. Currency exchange can be done over the counter at a bureau de change or over the internet through brokerage platforms. Currency speculation is known as forex trading. The foreign exchange market by its very nature; The World’s Largest Trade Foreign Exchange, or Forex, is the conversion of one country’s currency into another country’s currency (a holder of a different currency); for example, Convert British Pounds to US Dollars; and vice versa. Currency exchange can be done through a physical counter at the Bureau de Change or through the Internet through a broker.
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