To legally do forex trading by setting up a company in India, you must be extremely cautious because forex trading is heavily regulated by RBI and SEBI under the Foreign Exchange Management Act (FEMA). Here’s a full guide tailored to your goal:
✅ Step-by-Step Guide to Do Forex Trading via a Company in India
🔹 1. Understand What’s Legal in India
You (or your company) can only trade:
- Currency Derivatives on recognized Indian exchanges like NSE, BSE, or MCX-SX
- Currency pairs that involve INR only, such as:
- USD/INR
- EUR/INR
- GBP/INR
- JPY/INR
Any trading in pairs like EUR/USD, GBP/USD, etc., on international platforms is illegal under FEMA for Indian residents and companies.
🔹 2. Incorporate a Company in India
You can set up:
- Private Limited Company, or
- LLP (Limited Liability Partnership)
And include in the MOA/Objects:
“To carry out trading and hedging activities in foreign exchange derivatives on recognized Indian exchanges.”
🔹 3. Register with a SEBI-Registered Broker
Your company must open a corporate trading and demat account with a broker registered with SEBI, such as:
- Zerodha
- ICICI Direct
- HDFC Securities
- Kotak Securities, etc.
They will help you access the currency derivatives segment.
🔹 4. Comply with Exchange and Broker Requirements
You need to provide:
- Certificate of Incorporation
- PAN and GST of the company
- Board resolution to open trading account
- Shareholding and KYC of directors
Also, complete segment activation for Currency Derivatives with NSE/BSE through your broker.
🔹 5. Margin, Limits & Risk Management
- Currency derivatives trading requires initial margin and mark-to-market (MTM) margin.
- Leverage is restricted.
- Weekly/monthly contracts with specific lot sizes (e.g., USD/INR lot = 1000).
🔹 6. Maintain FEMA Compliance
- Do not remit funds abroad for forex trading — this is not permitted under LRS or corporate outward remittance.
- Trade only on Indian exchanges in INR pairs.
If your company violates this (e.g., sends money to OctaFX or IC Markets), you can face penalties and even freezing of accounts under FEMA.
❌ What You Cannot Do Legally
- Trade non-INR currency pairs (like EUR/USD)
- Use foreign brokers or platforms
- Remit company funds abroad for margin or speculative forex trading
- Bypass Indian regulations using shell entities
🛡️ Bonus Tip: Offshore Setup (with caution)
If you want to trade non-INR pairs legally, consider:
- Setting up a foreign entity (like in Dubai, Singapore, or Mauritius)
- Fund it from foreign sources (not India)
- Comply with ODI/foreign investment rules if investing from India
But this requires ODI compliance, Board approvals, RBI filings, and is not advisable unless structured professionally.
✅ Summary
Task | Legality | Notes |
---|---|---|
INR-based forex via NSE/BSE | ✅ Legal | Only INR pairs |
Using international broker | ❌ Illegal | Not FEMA compliant |
Remitting funds abroad for forex | ❌ Illegal | RBI strictly prohibits |
Corporate trading on NSE/BSE | ✅ Legal | With SEBI-registered broker |
Let me know if you want:
- Help drafting MOA objects
- Corporate trading account opening checklist
- ODI structure (for offshore forex legally)
- SEBI/RBI circular references for documentation