Online Forex trading allowed in India? (2024)

Sir there are so many changes happening in business environment. International online brokers solicit Indians to trade forex on their website. Minimum deposit for trading is USD10. Payment is made through bank debit card or e-wallet. A broker informed me through customer support that it is legal for Indians to trade in forex. Is Foreign Exchange (FOREX) trading allowed in India for Indian citizens?

Asked 5 years ago in Business Law

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1. There is no illegality in making online forex trading.

2. However the income you generate would be liable to be assessed for income tax in India.

3. Indian citizen can trade in foreign exchanges through a legal online portal.

Devajyoti Barman

Advocate, Kolkata

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n India, forex trading is legal if the base currency is INR. A forex trade between two foreign currencies is illegal in India. This means if a forex trader does overseas forex trading from India it is illegal for Indian citizens

2) you canopen a forex trading account in India with a SEBI registered forex broker.

  • Once the account is set up, a person i.e. a forex trader can trade in future and options currency derivatives.

  • In India, currency pair like US Dollar and INR, Euro and INR, Great Britain Pound and INR, JPY and INR, etc.

Ajay Sethi

Advocate, Mumbai

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You can trade but at your own risks

This is an unregulated sector

So investors do not have protection of market regulator like Sebi

If the broker or exchange defaults or misappropriates your funds, you will find a hard time to recover the money as these exchanges are based out of foreign countries

Even indigenous exchanges operating in India are not covered and monitored by Sebi, so in case of default you will have to file a treacherous commercial suit to recover your money

Yusuf Rampurawala

Advocate, Mumbai

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Forex trading is legal but restricted to pairs.

Forex trading is not completely illegal in India, but it is restricted to certain currencies, which are paired against the INR as well as some of the 'cross currencies'. In India, you can trade within the brackets of USD-INR, YEN- INR, GBP- INR and EUR-INR pairs. In cross currencies, you can trade within EUR-USD, GBP-USD, and the USD- JPY pairs.

Note that you are allowed to trade only through brokers who are registered with the authorized exchanges such as NSE, MCX-SX, and/or the BSE. If you trade in pairs other than those allowed by the RBI, then it is considered illegal under the FEMA act. A foreign broker is required to deposit the funds in USD to trade using the eligible pairs.

Shubham Jhajharia

Advocate, Ahmedabad

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Forex trading is not completely illegal in India, but it is restricted to certain currencies, which are paired against the INR as well as some of the 'cross currencies'. In India, you can trade within the brackets of USD-INR, YEN- INR, GBP- INR and EUR-INR pairs. In cross currencies, you can trade within EUR-USD, GBP-USD, and the USD- JPY pairs.

Note that you are allowed to trade only through brokers who are registered with the authorized exchanges such as NSE, MCX-SX, and/or the BSE. If you trade in pairs other than those allowed by the RBI, then it is considered illegal under the FEMA act. A foreign broker is required to deposit the funds in USD to trade using the eligible pairs.

The main reason behind restrictions in Forex trading is to ensure that the loss by a trader does not result in the outflow of foreign exchange which may lead to pressure on the domestic currency, therefore increasing the current account deficit. India is not the only country which has restrictions on Forex trading; there are a large number of countries in the world which have similarly restricted it completely or partially.

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1) Yes you can open trade forex account in the FOREX Exchange trading and its allowed. You can open the account from our Nationalised Banks.

Ganesh Kadam

Advocate, Pune

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Dear Sir,

Yes, it is legally allowed to trade Forex within Indian Exchanges like BSE, NSE, MCX-SX. As per RBI guideline, all Indian resident including banks and financial institutions can do forex trading in currency pairs. The main currency pairs are USDINR, EURINR, GBPINR and JPYINR. So, if you are trading with brokers who have membership in mention exchange it is absolutely legal.

Kishan Dutt Kalaskar

Advocate, Bangalore

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Dear Client,

it is legally allowed to trade Forex within Indian Exchanges like BSE, NSE, MCX-SX. As per RBI guideline, all Indian resident including banks and financial institutions can do forex trading in currency pairs. The main currency pairs are USDINR, EURINR, GBPINR and JPYINR. So, if you are trading with brokers who have membership in mention exchange it is absolutely legal.

And also directly in Forex market.

Yogendra Singh Rajawat

Advocate, Jaipur

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Hello,

Forex Trading has always been legal in India, restriction is there in trading few currency pairs, but INR pairs were always legal to trade.

A forex trade between two foreign currencies is illegal in India.

The first step in forex trading is to open a forex trading account in India with a SEBI registered forex broker.

Regards

Anilesh Tewari

Advocate, New Delhi

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Dear sir thank you very much for your response. This confirmed my own understanding of forex trading in India - due to concerns of forex outflow from India, trading is restricted to INR currency pairs and only through recognised "Indian" stock exchanges. What is the basis by which "foreign" brokers are openly, brazenly soliciting Indians to participate in forex trading outside India (INR currency pairs not available through some of them) via internet. They accept deposit only in dollars or euros and can start with 10 dollars. Are they admitted by SEBI? Shall I demand to see this information from them before trading with them? I have seen chat conversations between Indians online discussing how much money they won/lost etc????

Asked 5 years ago

Such foreign brokers or exchanges are not admitted by Sebi

If they are soliciting Indians to trade with them then there is no protection to the citizen under any existing law

You trade solely at your risks

Yusuf Rampurawala

Advocate, Mumbai

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See you have to check there affiliation with SEBI if these are not authorised by SEBI then dealing with them is.illegal. Further these kind of solicitation can be scams.

Yes demand there authorisation and license before trading.

Shubham Jhajharia

Advocate, Ahmedabad

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1) foreign brokers take advantage of fact that many Indians are not aware that trading in forex is illegal

2) you can request them to furnish registration certificate issued by SEBI permitting them to act as forex brokers

Advocate, Mumbai

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You can start with any amount, There are many brokers in the market who provide with cent accounts also. But to have a trading edge or to earn sufficient profits a trader must start with atleast $200 in his trading account. It is truly said above that with such small investment of $10 it will take lot of time to make noticeable amount of profit.

Mohammed Mujeeb

Advocate, Hyderabad

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The central authorities that regulate forex trading in India are the Reserve Bank of India (RBI) and Securities Exchange Board of India (SEBI). The National Stock Exchange (NSE) and Metropolitan Stock Exchange of India (MSE) are the commonly used stock exchanges in India.

  • The first step in forex trading is to open a forex trading account in India with a SEBI registered forex broker.

  • Once the account is set up, a person i.e. a forex trader can trade in future and options currency derivatives.

  • In India, currency pair like US Dollar and INR, Euro and INR, Great Britain Pound and INR, JPY and INR, etc. There are two types of accounts - the personal account and business or corporate account.

Yes, you can ask more information related SEBI from them.

Ganesh Kadam

Advocate, Pune

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Since many people are not aware about the legality therefore they use this in their favor.

Such activities are illegal and in case of any loss SEBI or RBI will be of no help to you.

And you will be option-less to lodge a complaint

Anilesh Tewari

Advocate, New Delhi

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Dear sirThank you for your responses. The conclusion I am getting is you can trade forex if it is registered with SEBI. But couple lawyers response gives me the understanding that I can trade with unregistered brokers as well provided I am willing to take the risks. In other words it is more of a risk issue with my money than it is a legal issue with government law. Legally is it allowed to trade if I am willing to risk my money? Is India's changing business environment supportive of this view. I would love to hear your opinion. Thanks.

Asked 5 years ago

it is illegal to trade in non paired currency and unregistered brokers.

Shubham Jhajharia

Advocate, Ahmedabad

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There is no legal blockade to trading in forex

Similarly there is also no legal embargo against trading in bitcoin and cryptocurrency

Its just not regulated and thus citizen cannot approach the regulatory bodies like Sebi if something adverse happens

Yusuf Rampurawala

Advocate, Mumbai

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person who is found to be engaging in overseas forex trading is held guilty for violating the foreign exchange laws and according to the FEMA Act, Foreign Exchange Management Act those violating the rules can be sentenced to jail or fined

Ajay Sethi

Advocate, Mumbai

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In simple way you can trade in Forex on Indian platform that is in INR and not on foreign platform in dollar or Euro.

Ganesh Kadam

Advocate, Pune

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Legal issue is that no recourse can be taken by you if in case any fraud is done by those agents

Anilesh Tewari

Advocate, New Delhi

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Onlycurrencypairs involving INR can be traded legally onIndianExchanges. There are 4 such pairs available totrade.Tradingon other pairs isillegalunder FEMA Act. ... Its perfectlylegaltotradeanything withIndianExchanges(NSE, BSE, MCX-SX) offeringForexInstruments Currently USDINR, GBPINR, JPYINR, EURINR).

Restrictions Imposed OnForex TradingFor SEBI Regulated Brokers. ... Under theForeign ExchangeManagement Act (FEMA), it is alsoillegalfor the people ofIndiato send the INR to overseas countries for the purpose ofcurrencyconversions or investments, unless approved by the Government.

Tradingon other pairs isillegalunder FEMA Act.Tradinginforexmarket through online broker is a Non-Bailable Offence inIndia. ... Its perfectlylegalto trade anything withIndianExchanges(NSE, BSE, MCX-SX) offeringForexInstruments Currently USDINR, GBPINR, JPYINR, EURINR).

T Kalaiselvan

Advocate, Vellore

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To your subsequent query the reply is that the luring of Indian investors into forex trading by foreign online websites is nothing but one is taking an individual risk by investing in such investments.

Trading on such platforms is completely illegal and not approved in India. Even all such companies never deal in accounted money, they will insist you to deposit and refund in cash only. However, they will provide you fund in their system or say trading software too. Their are several companies that provide such platform, but matter of fact is that many of them are just software only…no such real transactions getting placed in real time. You will be playing like a video game only, and might think that you are part of the international market.

T Kalaiselvan

Advocate, Vellore

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Forex exchanging India is illicit where there is no inclusion of Indian Rupee.

Tradingon other pairs isillegalunder FEMA Act.Tradinginforexmarket through online broker is a Non-Bailable Offence inIndia. .

the government of India has not forbidden to trade Forex, but limited the trading for Indian residents to only trade currency pairs bench-marked against INR (Indian Rupee). As a an Indian resident, as long as you are trading through an Indian Brokerage, which allows access to Indian Exchanges such as the NSE, BSE, MCX-SX and providing access to currency derivatives is entirely legal. These tradeable instruments areEURINR, GBPINR, JPYINR, and USDINR.

T Kalaiselvan

Advocate, Vellore

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In both situation you are at loss. Violation of law and SEBI guideline. IN case of fraud or financial misappropriation by unregistered broken, No remedy.

Yogendra Singh Rajawat

Advocate, Jaipur

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It is legal but beware of fraud websites to avoid cheating.

Prashant Nayak

Advocate, Mumbai

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