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Comment for Proposed Rule 75 FR 3281

  • From: Eric Kahiga
    Organization(s):

    Comment No: 4808
    Date: 2/3/2010

    Comment Text:

    i0-001
    COMMENT
    CL-04808
    From:
    Sent:
    To:
    Cc:
    Subject:
    Eric Kahiga
    Wednesday, February 3, 2010
    5:08 AM
    secretary
    [email protected]; afranzese ; [email protected]
    Proposal to regulate retail Forex
    Dear Sir.
    I' am writing about the proposal to control retail forex in the USA.
    Some of the proposed regulations are good and timely namely;
    1. All forex brokerages in the USA will have to be registered somewhere.
    2. All forex account managers in the USA will have to be registered.
    3. All US based investment pools claiming to be trading forex will
    have to be registered.
    4. All IBs to registered brokerages will have to be registered.
    This is a good measure and will protect the industry from numerous forex scams.
    However, some of the proposals will kill the industry and take jobs
    away from the USA because traders like me will prefer to trade with a
    company registered elsewhere. The proposals are namely;
    1. FCMs and RFEDs would need to maintain a net capital of at least $20
    million, plus 5% of any amount of retail customer liabilities that
    exceed $10 million.
    (This will make competition really hard for the upcoming start ups and
    it is bound to only benefit the more established companies. Another
    problem is that this could easily make smaller and other~vise well
    regulated companies move offshore. Some of these will set up shop in
    places with little or no regulation. This moves both jobs and money
    out of the USA. It will also make traders in the USA exposed to scams
    originating in other countries with less regulations. Regulators
    should have a scaled in capital requirement for start up brokerages
    while having those below the final minimum be under higher levels of
    scrutiny.)
    2. The plan to set the maximum leverage for US retail forex to 10:1.
    This is by far the worst of the regulations. While it is important to
    protect naive first time traders who might out their life savings by
    using too much leverage, this will affect everyone else who uses
    sensible money management. It will only make traders look out for
    other countries that have favourable leverage limits. One of the
    attractiveness of forex trading is the leverage offered and one of the
    most important forex lessons is money management and using leverage
    wisely. Leverage is a very important tool and albeit dangerous tool.
    What the Government should is educate the public instead of punishingi0-001
    COMMENT
    CL-04808
    the traders who know how to effectively use the tools. New traders
    should be advised to get educated about the forex market before
    starting to trade.
    Kind regards.