Aryabhatta
I agree with you that Insurance or Compensation fund is useless if it does not cover the trader properly
SO lets examine it case by case ( For Margin FX NOT for Fx futures or FX Optiosn or ETFs etc)
1) FSCS in UK : It was also difficult for me to get a direct answer However I did get it indirectly .. here is the text from one of the emails
My take fro the following is
"Since SPOT fx does not involve delivery of actual currency it would fall under designated investment”
However it is disappointing not to get a straight forward answer
Also it is perhaps possible to be covered for idle cash seating with a FSA regulated broker
By the way FSA regulated claims need to be thoroughly checked ... just a rep office or worst a virtual office in Uk does not mean FSA 100% regulation
From Tania Gunasingham <[email protected]>;,,,,,,,,,
Please note that not all FOREX transactions/accounts are protected by FSCS. Ultimately, it depends on whether the particular product comes within the definition of a “designated investment” per the Regulator’s Handbook (which derives from the Regulated Activities Order in the Annex to FSMA). In summary:
(a) A Spot FX Transaction will not be a designated investment unless the parties intend never to deliver the other currency.
(b) If a Forward FX Transaction is settled financially, it will be a designated investment. If it is settled physically then it will not be a designated investment.
(c) A Currency Future is a designated investment.
(d) A Currency Option is a designated investment.
2) FX in USA:
No CFTC or FDIC or SIPC insurance will cover broker failure.. I agree with you
The only silver lining is
- CFTC regulated means perhaps it prevents any tom dick and Harry with a $ 2 company from staring as a broker
- Insolvency practices might be better managed
3) FX in Australia
Same as US , just replace the word CFTC with ASIC
4) FX in Cyprus/ malta etc
SOem claim MFID cover for $20000 but Does MFID cover FX?
HOWEVER POINT REMAINS THAT IT IS BETTER TO CONSIDER A BROKER IN A BETTER REGULATED INVIRONMENT RATHER THAN SOME DODGY ONE.. I hope you agree.
My fear is specially in South Asia people get "mesmerized" when they see a "Foreign firm" holding flashy events etc may that be from a tin pot nation!
Be it broker / seminar seller!
Worst wait till the "Binary Options" scams start heating India
Simple fact is most of dodgy ones go to jurisdictions like BVi/ Cyprus/ malta etc BECAUSE THEY DO NOT WANT THE SCRUTINY OF
SEC/ CFTC/ FSA/ ASIC/
MAS ( SINGAPORE) OR EVEN SEBI IN INDIA
One more clarification If a US Equity broker ( Not FX or Futures) goes down there is SIPC which is not BS
The SIPC serves two primary roles in the event that a broker-dealer fails. First, the SIPC acts to organize the distribution of customer cash and securities to investors. Second, to the extent a customer's cash and/or securities are unavailable, the SIPC provides insurance coverage up to $500,000 of the customer's net equity balance, including up to $250,000 in cash.[5][10]
I agree with you that Insurance or Compensation fund is useless if it does not cover the trader properly
SO lets examine it case by case ( For Margin FX NOT for Fx futures or FX Optiosn or ETFs etc)
1) FSCS in UK : It was also difficult for me to get a direct answer However I did get it indirectly .. here is the text from one of the emails
My take fro the following is
"Since SPOT fx does not involve delivery of actual currency it would fall under designated investment”
However it is disappointing not to get a straight forward answer
Also it is perhaps possible to be covered for idle cash seating with a FSA regulated broker
By the way FSA regulated claims need to be thoroughly checked ... just a rep office or worst a virtual office in Uk does not mean FSA 100% regulation
From Tania Gunasingham <[email protected]>;,,,,,,,,,
Please note that not all FOREX transactions/accounts are protected by FSCS. Ultimately, it depends on whether the particular product comes within the definition of a “designated investment” per the Regulator’s Handbook (which derives from the Regulated Activities Order in the Annex to FSMA). In summary:
(a) A Spot FX Transaction will not be a designated investment unless the parties intend never to deliver the other currency.
(b) If a Forward FX Transaction is settled financially, it will be a designated investment. If it is settled physically then it will not be a designated investment.
(c) A Currency Future is a designated investment.
(d) A Currency Option is a designated investment.
2) FX in USA:
No CFTC or FDIC or SIPC insurance will cover broker failure.. I agree with you
The only silver lining is
- CFTC regulated means perhaps it prevents any tom dick and Harry with a $ 2 company from staring as a broker
- Insolvency practices might be better managed
3) FX in Australia
Same as US , just replace the word CFTC with ASIC
4) FX in Cyprus/ malta etc
SOem claim MFID cover for $20000 but Does MFID cover FX?
HOWEVER POINT REMAINS THAT IT IS BETTER TO CONSIDER A BROKER IN A BETTER REGULATED INVIRONMENT RATHER THAN SOME DODGY ONE.. I hope you agree.
My fear is specially in South Asia people get "mesmerized" when they see a "Foreign firm" holding flashy events etc may that be from a tin pot nation!
Be it broker / seminar seller!
Worst wait till the "Binary Options" scams start heating India
Simple fact is most of dodgy ones go to jurisdictions like BVi/ Cyprus/ malta etc BECAUSE THEY DO NOT WANT THE SCRUTINY OF
SEC/ CFTC/ FSA/ ASIC/
MAS ( SINGAPORE) OR EVEN SEBI IN INDIA
One more clarification If a US Equity broker ( Not FX or Futures) goes down there is SIPC which is not BS
The SIPC serves two primary roles in the event that a broker-dealer fails. First, the SIPC acts to organize the distribution of customer cash and securities to investors. Second, to the extent a customer's cash and/or securities are unavailable, the SIPC provides insurance coverage up to $500,000 of the customer's net equity balance, including up to $250,000 in cash.[5][10]
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