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Forex Basics

Is Forex Trading Legal in India?

When it comes to forex trading rules and regulations, things can get confusing for traders located in certain countries. Residents of the United States, North Korea, Sudan, and other specific locations often have trouble deciphering whether trading is actually legal in their country, and finding a trading account can be difficult at best for some of these traders. For United States traders, this is because trading is legal but there are stricter rules on regulation, meaning that there are fewer brokers to choose from and some brokers won’t give straight answers when asked whether US-based traders are allowed. 

Traders in India also face their own problems when it comes to opening a trading account because of several restrictions that are placed on them. The good news is that trading is legal in India, but you’ll want to keep reading to find out exactly what restrictions are enforced on Indian traders so that you can ensure you’re in compliance with laws and regulations. 

Indian traders are legally allowed to trade forex through certain Indian brokerages via these Indian exchanges:

  • BSE
  • NSE
  • MCX-SX

Note that Indian residents are not allowed to open accounts through International brokerages. You might find an option that allows you to choose India as your country, but be wary. Unregistered brokers sometimes allow traders to open accounts from certain locations, even though it isn’t legal.  

The government also places restrictions on which currency pairs can be traded in India. Traditionally, residents were only allowed to trade cross-pairs that included the Indian Rupee, but three major currency pairs that don’t involve the Rupee were added back in 2015. This is the list of currencies that are supported:

  • USD/EUR
  • USD/JPY
  • USD/GBP
  • USD/INR
  • GBP/INR
  • EUR/INR
  • JPY/INR

Although the list is somewhat short, this doesn’t mean that Indian residents can’t benefit from trading, especially when it comes to the highly liquid pairs USD/EUR, USD/JPY, and USD/GBP. The Reserve Bank of India explains that these restrictions are imposed to help stop Indian residents from losing large amounts of money through trading, but many people also believe that they are hoping to limit currency outflow that would occur when other currencies are traded. 

It’s important to ensure that you do follow these rules, otherwise, you could face a fine or imprisonment for illegal trading activity in India. Keep in mind that trading through international brokers is considered illegal, so you’ll want to ensure that you’ve chosen a broker that complies with the Indian Government’s laws. Know that some brokers do stoop to shady tactics in order to offer illegal accounts, like registering as another type of service that might focus on trading education. You’ll want to avoid these brokers at all costs, as most of them are eventually reported and shut down. 

The Bottom Line

Forex trading is legal in India; however, residents must adhere to the Indian Government’s laws, which require traders to use only registered Indian brokers with any of the legally approved currency pairs. Fortunately, laws have become less strict over time, for example, the currency pairs USD/EUR, USD/GBP, and USD/JPY were added to the list of government-approved trading instruments within the past few years. Hopefully, the RBI will decide to offer more trading instruments and will soften on some of their stricter rules as time goes on, but there is no reason why Indian residents should miss out on trading in the meantime, as long as it is done legally.

Categories
Forex Basics

Is Forex Trading Legal in India?

Are you interested in trading currencies in India? This global decentralized financial market with an estimated daily volume of exorbitant $6.6 trillion keeps expanding steadily. Nevertheless, some regions on this planet remain unwilling to completely open up to the world of foreign currency trading.

India, one of the most populous countries in the world, is also said to be the 16th largest forex market on the globe. Despite it being one of the most fluid markets, the legal status of currency trading in India still causes confusion in many people. Take a look at today’s selection of key questions and answers to get an insight into how you can enter the forex market in the territory of India without having to bear any legal consequences. 

When is the history of the Indian FX Market?

Upon the 1978 permission of the Reserve Bank of India (RBI), local banks commenced intra-day currency trading and the Indian foreign exchange market sprang to life. In the coming years, the Indian rupee (INR) underwent many changes and more economic reforms were introduced to balance out the inflation differential, level the INR against other currencies, and maintain competitiveness.

The Securities and Exchange Board of India (SEBI), which now protects forex securities issuers, investors, and forex-related agencies, was established in 1992 for the purpose of regulating forex activity in India. This autonomous authority also protects forex securities issuers, investors, and forex-related agencies. In addition, in 1994, a committee was appointed to further develop the forex market in the country. As the result of its actions, banks were granted the freedom to fix their trading limits, borrow and invest funds in foreign markets up to certain limits, and use derivative products to manage assets and liabilities.

Corporations were given approval to rely on instruments such as interest rates and currency swaps in the international currency market. It is interesting how Indian people living abroad are said to have substantially influenced the expansion of the Indian forex market although locals initially seemed to show little interest in currency trading. The FX market in India keeps growing and more and more people seem to be drawn to foreign currency trading. 

Who is eligible to trade currencies in India?

Any resident of India or an institution (banks and companies) in the country’s territory can take part in the forex market. The regulation excludes the possibility of foreign institutional investors and non-resident Indians trading in the country.

Why is currency trading questionable in India?

As per the regulations of the Securities and Exchange Board of India (SEBI) and its central bank RBI, no Indian citizen can trade currencies through any electronic or online forex trading platform in the Indian territory. As per the Indian government’s decision, Indian residents can do limited trading in that it is only possible to trade currency pairs benchmarked against the INR. The reasons behind such restrictions concern the fact that the INR is weak against the USD, which can only be purchased from the Central Bank of India.

Where can one trade currencies in India?

The first recognized exchange in the country was the National Stock Exchange of India (NSE). Nowadays, currency trading can also be carried out within other Indian exchanges such as the Bombay Stock Exchange (BSE) and Metropolitan Stock Exchange (MSE). While trading currencies with international brokers is illegal, Indian citizens can legally trade currencies through specified foreign exchange trading platforms and all forex brokers and stock exchanges must be licensed by SEBI to be able to operate within India. The broker’s website does not contain any information from the Securities Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), or similar regulatory bodies, traders should look for another broker.

Which currency pairs can be traded in India?

Before, the only tradable instruments used to be EUR/INR, GBP/INR, JPY/INR, and USD/INR. Nonetheless, as of 2015, the RBI permitted the Indian exchanges to offer cross-currency futures contracts and exchange-traded currency options in three additional currency pairs – EUR/USD, GBP/USD, and USD/JPY. One of the most popular pairs is believed to be the USD/INR owing to its said attractive return rate.

What are the consequences of legal violations?

Under the 1999 Foreign Exchange Management Act (FEMA), any individual can be fined or imprisoned for illegal forex trading carried out in India. However, non-resident Indians will not be persecuted for doing foreign exchange trading in India. Generally, one would need to violate the FEMA law drastically to draw any attention. In case of any violation, the RBI will typically take action against the bank rather than the individual. 

Can these regulations be evaded in any way?

While illegal trading is not advised in any form or fashion, Indian citizens are known to have been evading the FEMA in the past by utilizing the same RBI policy loopholes Indian banks use without breaking any rules. Indian citizens can apparently trade currencies without remitting through the Liberalised Remittance Scheme of RBI (LRS), assuming that they rely on a different scheme with the RBI’s permission, and any money received online from abroad can be used in this manner. Nonetheless, all individuals willing to pursue this form of trading need to be reminded of the risk of suffering a total loss, where one would still be able to remit money but not through the LRS.

An additional piece of advice for this approach includes the need to be alert and avoid such trading schemes in case of any emergency within the country. All traders interested in trading in this way should also make themselves acquainted with the LRS and think of other means of sending money. Technically speaking, one can still use the LRS and not send the money to a forex broker. All in all, all traders are said to be safe unless there is proof that the money was sent to a forex broker, yet going against the law is still considered a criminal act and should be thus avoided regardless of how innocent it may seem.

Is Forex trading profitable in India?

While India is a market with high liquidity, traders usually find their greatest challenge to be dealing with a limited number of currency pairs. Nonetheless, after investing in education and practical application, every Indian citizen should be able to overcome this difficulty. What is more, certain currency pairs such as the USD/INR and the EUR/INR can move up by 1000 pips in a matter of several weeks, which can prove to be quite profitable in the long run.

What are some general pieces of advice for forex trading in India?

You should primarily use a device with fast internet connectivity where they can check the currency pairs’ rates as they frequently fluctuate. It is mandatory that you find a trusted online broker that will allow you to trade the INR. You should then create an account on the broker’s website having previously read the requirements such as the minimum deposit. Make sure that you transfer funds to your account after understanding the conditions (e.g. see if you are only permitted to use your native currency). You can then download a forex trading platform although it may be wiser to test your skills with a demo account using virtual money first.

It is curious how the forex market is still restricted in some areas despite its vast use all over the world. While currency trading in India is not entirely illegal, traders still face challenges with the choice of currency pairs they can trade. Nonetheless, forex trading in India seems to be an emerging market, especially since INR currency pairs have a tendency of moving up by hundreds of pips in only a few weeks. Trading the INR can certainly prove to be lucrative in the long run, so practice your patience and strive to stay within legal bounds.