This is for all those who think trading Forex is illegal in India. We all know that we need to comply with RBI Guidelines along with FEMA in order to trade in Forex.
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Here are the
casual definitions of the words I would use in the post. I won't go into the complexities of the definitions, these would be such that a common individual can understand them:
1. Forward Contracts: These are different than Future Contracts. Forwards Contracts are just like Futures except for that they are non-standardized and can be entered into by any two individuals/entities. Whereas Futures Contracts are traded on the Exchange and standardized by the Exchange.
2. Transaction Exposure: When we have a certain amount of Foreign Currency Receivable/Payable, but the equivalent amount of Home Currency is unknown. Example: in case of Exports/Imports when a bill is drawn in Foreign Currency.
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What is illegal is trading in FORWARD CONTRACTS without Transaction Exposure. This means that we cannot go to a Bank and enter into a Forward Contract to buy $500 just because we feel like buying it.
Trading in Futures and Options on an Exchange is perfectly fine for anyone even when he doesn't have any sort of Transaction Exposure.... There is no violation of any Law.
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How to Trade in Forex Derivatives/Commodity Derivatives/Foreign Securities - General Guidelines according to my perception:
1.
Resident Individuals (only Indian Resident Individuals are allowed to avail this Scheme - HUF, Partnership, Companies, etc are not allowed to avail this Scheme) can take the advantage of "Liberalised Remittance Scheme for Resident Individuals". This Scheme allows you to make remittance upto $ 2,00,000/- per Financial Year for any Capital or Current Account Transaction. (Trading is classified as Capital Account Transaction).
2. Please contact your Bank to use this Scheme. I guess, we would need to open a Foreign Currency Account. Also, enquire if you would have to furnish any other Declaration to RBI for performing any sort of transaction through it.
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PS: I have gone through a brief overview of FEMA. However, please consult a qualified CA or your Bank Manager to know all the things required to be complied for this. What I can say for sure is Indians are completely allowed to Trade in Forex Derivatives/Commodity Derivatives whether in India or abroad however we need to give some declarations to RBI (either directly or through the Banks) and there is a maximum limit that we can remit outside.
I do not trade in Forex and neither do I have any accounts with Foreign Brokers. Please take it as a general guideline and not as a Supreme Court Verdict