• Forex trading for NRO/NRI boss

Being as Indian employee of NRO/NRI BOSS, handling Forex trading account in India tertiary is legal? 

Sharing view or consultancy for NRI clients about forex trading pairs is legal? 
As per FEMA act
Asked 7 years ago in Business Law

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5 Answers

Being as Indian employee of NRO/NRI BOSS, handling Forex trading account in India tertiary is legal?

Sharing view or consultancy for NRI clients about forex trading pairs is legal?

If you have been employed or you have entered into any contractual obligation into this type of employment/deployment, there is nothing wrong in doing this thing legally.

It is as good as any other employment/assignment carried out for what being paid for.

You are paid for your services and you are doing a service which has not been invalidated in law neither you are doing any illegal job, hence you can proceed with the task for which your paid.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

FOR A MY JOB CAN I DO THIS IF YES THAN HOW ? IF NOW THAN WHY ?

You can carry on your job on the basis of being employed for this purpose by yor NRI boss. The tax and other aspects will be taken care by your boss.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Indian Individuals trading in International Forex Pairs like EURUSD, USDGBP, USDJPY…etc are purely illegal

2) It is illegal for a Indian Retail trader to trader overseas markets as per RBI regulations.

3)For Retail traders trading in Indian cross currencies like USDINR, EURINR, JPYINR, GBPINR are legally allowed to trade in NSE and MCX Exchanges or any other currency exchange operating from india.

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

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you cannot handle forex trading account of NRI

NRI can trade only equity and equity F&O. No currency or commodity trading allowed.

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

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Being as Indian employee of NRO/NRI BOSS you have right to handle the job. If you send money to out of india, to FOREX brokers inorder to trade in any derivatives, Its illegal and liable for imprisonment, fine .if you live in india and want to do forex trading, then you should follow the reserve bank of india guideline for doing forex trading. you can also see the below snapshot that is taken from rbi website. RbIalso noticed that there are many companies in india who advertised through electronic and internet portals offering trading or investing in foreign exchange with guaranteed high returns. There are also many agents in india who worked for these companies and collect payments from them so as to transfer their funds outside india through hawala route and also offer their clients lucrative returns.

Rbi allowed nri’s to trade in forex market as there is no restriction for them. Also exporters in india can do forex trading but for hedging purpose as their profits mainly depend on currency movement.

As per the rbi guidelines indian citizen cannot send directly or indirectly fund to outside india for margin trading purpose. Rbi circular rbi/2013-14/265 a.p. (dir series) circular no. 46 stated that overseas forex trading through electronic or internet trading portals is not permitted in india. Rbi believes that any type of margin trading is speculative in nature and in every speculation business there is 90% risk of losing money. So, if any indian trader who trades in foreign currency like ‘euro’ or ‘pound’ and if that trader loose the money then he has to purchase the dollar from rbi in order to pay the loss amount, this leads to reduction in foreign currency reserve. So, if everyone is trading outside india in foreign currency and assuming the speculative nature of the market, 90% of traders might lose money. In order to compensate the losses rbi will purchased more dollar from the market by selling inr in cheap rates. Thus, leads to devaluation of our inr.

Refer : https://www.rbi.org.in/scripts/NotificationUser.aspx?Id=8427&Mode=0

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

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