You may have noticed that there are literally hundreds of
Forex brokerages out there, all of them vying for your attention. Some of these
brokerages are regulated in well known regulatory jurisdictions while other
brokerages operate without any regulatory oversight often from offshore
territories. So what exactly is the deal with these brokerages which choose to
operate from unregulated jurisdictions?
Why do brokerages
choose to operate without regulation?
1) Regulatory Costs
Many of you will know that obtaining authorisation from one
of the more well known and established regulators is particularly costly.
Firstly, firms are required to set aside significant amounts of capital to
ensure that the firm is able to operate safely. Secondly, there are significant
legal and administration costs for firms wishing to obtain and maintain a
regulatory licence in a jurisdiction with a tough financial regulator. While
financial regulation provides significant protection for customers, many newer
companies often have a hard time raising the funds to become regulated in
countries with tough regulatory laws. In recent times there has been a trend
among brokerages to start out operating from an offshore location before moving
onshore when they have raised enough funds to become licensed.
2) Tax Reasons
Many off the offshore locations popular among Forex
brokerages have very favourable tax legislation. Many of these offshore tax
havens require that companies registered in the jurisdiction are not required
to pay tax on profits made outside of the territory. As the vast majority of the
firm’s clients are based outside of these offshore havens, the firm will be
required to pay very little if any tax on their profits. Operating from a
favourable tax jurisdiction can help smaller firms remain competitive with
their larger counterparts and is clearly a big reason why many firms choose to
have offshore operations.
3) Rogue Firms
While many firms which operate without being regulated are
not rogue and do not mistreat customers there have been a number of cases where
firms have manipulated/mistreated their customers. The fact firms are able to
operate from secrecy jurisdictions and without any regulatory oversight means
that there can be very little comeback for clients if the firm decides to
mistreat their customers. As with many other financial products, rogue
individuals have been attracted to operating such companies and firms, which
has left many people with a rather bitter taste. Often it is this reason why
many individuals are keen to avoid doing business with unregulated firms.
Should customers
avoid unregulated brokers?
This is quite a tough question as peoples
experiences with unregulated brokerages vary massively. It is important for
traders to realise that if they choose to trade with an unregulated brokerage,
they won’t receive many of the valuable protections provided by operating with
a brokerage regulated in a tough regulatory regime. Recent scare stories
regarding unregulated brokerages are sure to have put off many individuals,
with 4XP recently appearing to have gone under possibly with significant
amounts of client money. Situations like this certainly makes it worth your while to follow sites like ForexMagnates and Fx View which cover a lot of the important regulatory news. On the other hand many people have only positive
things to say about some brokerages which operate offshore and aren’t currently
regulated. The fact that there are many regulated brokerages which provide customers
with a very high level of service should be enough for most people to avoid
trading with an unregulated brokerage.
I too agree with you that everyone should be cautious while choosing their Forex broker and that to your post help many traders to go ahead with perfect decision.Just try to choose a trusted Forex broker before investing.I am on the safer part as I choose my trading with an FSP registered and FSCL regulated Forex broker greenvaultfx.com .
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