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How is trading regulated in different countries and why is it affected by technological innovations?


Forex trading has become one of the most popular activities in the world in recent years. However, it is not always clear how the regulatory system works in different countries. Sometimes the laws regarding trading are obscure and not much information can be obtained. Let’s have a look at the regulations of FX trading in different countries and how they are potentially affected by technological innovations.

Russia

In fact, in the Russian Federation, the Forex market and its participants were not particularly interested in regulators until 2012. The lack of clear legal regulation has turned this area into a fertile post for various fraudulent actions on the part of dishonest market participants. Many companies, positioning themselves as brokerage companies, turned out to be fraudsters.

However, it was only in 2012 that the Russian government decided to take some measures and became interested in the regulation of the Forex market. In general, it is not surprising, because even at that time, according to unofficial data, the Forex market turnover per month reached almost 400 billion dollars. Naturally, such figures could not simply be ignored for a long time by the Central Bank, the Ministry of Finance and other specialized structures.

On January 1, 2016, the Central Bank of the Russian Federation secured the status of the Forex market regulator and since then, the law on Forex has appeared. According to the new law, the Central Bank was endowed with all the necessary power to exercise full control and regulation of the activities of brokerage organizations and all market participants. What is the purpose of this law? First of all, it is a high-quality regulation of the market and the accompanying elimination of unwanted elements that lead to fraudulent activities.

Islamic Countries

The number of countries where Forex trading is illegal is small, but the majority of Islamic countries are on the list. Considering Sharia laws and specific characteristics of the Islamic faith, there are a lot of restrictions and regulations when it comes to FX trading. Also, It should be noted that there is no single regulatory body, and different organizations assume the regulatory function in different jurisdictions.

Because of the specific laws, an Islamic account is used for trading. This is also known as a swap-free account and it has favorable conditions for Islamic traders.

United States

The United States was one of the first to understand that the Forex market needs clear regulation. In this country, each specialized dealer is required to have a license from FCM, which directly reports to the largest regulators represented by the CFTC and NFA. This approach reliably prevents various fraudulent companies from entering the market.

Naturally, companies with small capital are also unlikely to be able to enter the market. In general, the regulation of Forex in the United States is quite reliable, and low-quality companies cannot really get here.

United Kingdom

Previously, the FSA and the Bank of England were engaged in supervision in this area, but in 2013 an independent firm called FCA appeared, which subsequently began to supervise the activities of brokerage companies. The regulator has the following functions:

  • Development of related standards in the financial services industry.

  • Popularization of trading and investment activities.

  • Supervising the actions of market participants to ensure maximum transparency.

  • Investigation in the event of possible disputable situations.

  • Prohibiting the provision of services to those companies that do not comply with all regulatory requirements.

It is worth noting that the level of regulation in Britain has remained quite high for a long time.


European Union

Today, the Forex market is regulated by the MiFID directive, developed on the initiative of the FSA. The MiFID directive is valid in 26 of the 27 EU countries. If we talk about goals, methods and tasks, then they are not particularly different from the above-described regulators.

Of course, the level of investor confidence in MiFID is quite high and provides a fairly high level of security in relation to potential clients.

There is no need to consider the regulation of Forex as something negative; rather, on the contrary, the competent work of the regulators will in many ways make the market much better. Only those companies that run an openly low-quality company should be afraid of exchange supervision. If a broker conducts an honest policy, then he absolutely does not need to be afraid of this control.

Technological Innovations

Technology develops rapidly and with new tools and possibilities, regulations are also affected. For example, sometimes countries are forced to adopt new changes with the emergence of new accounts or systems because people use them negatively. In any case, the emergence of regulators is an objective step in the development, formation and maturation of the market. One thing that we can point out is that Forex is a vast field that is constantly changing and so are the laws - depending on the situation in the world.

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