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Comment for Proposed Rule 75 FR 3281

  • From: Phillip Decker
    Organization(s):

    Comment No: 196
    Date: 1/16/2010

    Comment Text:

    i0-001
    COMMENT
    CL-00196
    From:
    Sent:
    To:
    Subject:
    Phillip Decker
    Saturday, January 16, 2010 5:04 PM
    secretary
    Regulation of Retail
    Forex
    As an individual trader I would be victimized by the 10:1 leverage
    item in this proposal.
    While such lower ratios are fine for trading other commodities, they
    are entirely unsuited to the forex market. In this market,
    the
    numeric value changes are so small, (relative to that of other
    commodities), that to have any noticeable gain or loss, tens to
    hundreds of thousands of dollars must be leveraged in a given
    transaction.
    I realize that the brokerage finns themselves have issued a letter to
    this effect, but I want the commission to know that such changes don't
    just impact the large finns, who are sometimes considered faceless
    entities. This sort of thing actually hurts the average citizen, like
    me, who is only trying to make their investments last them into
    retirement.
    As an example; last year the NFA added a number of unhelpful and
    restrictive regulations, such as rules against hedging.
    This is outside what they should be regulating - it's not about
    ensuring that brokers have enough liquid to pay back their investors,
    etc. This is direct meddling in actual trading strategy. Since they
    have already done this, and no one knows what will come next, I moved
    all my accounts to brokers in other countries. Being a "non-nfa"
    broker has become a catchphrase for advertising outside the US, and
    people are investing elsewhere in droves. Why deal with unrealistic
    regulation that clamps down on your leverage and defines how you trade
    if you don't have to?
    All that this proposed rule would guarantee is the acceleration of
    the
    exodus to offshore brokers, since no one could use a US broker unless
    they controlled a substantially larger sum of capital than nearly any
    individual would realistically have. A person would have to mortgage
    flaeir house to be able to hold open only a few trade positions.
    Isn't this missing the point of the market regulatory agency to start
    with? I understood the purpose was to protect the individual
    investor. This is doing the opposite. Individuals would instead be
    forced to use offshore brokers to even participate in the market at
    all.
    I was hoping that after a few years, some committee would notice all
    the
    undesired consequences of these regulations and overturn them,
    bringing the business and tax revenue back to the US. It appears that
    may not have been a reasonable expectation.