Is it legal in South Africa to trade in forex?
It is lawful to trade Forex in South Africa since the South African government has no legislation restricting the legality of the practice. The South African Reserve Bank is in charge of foreign monetary exchange and oversees the country’s outgoing cash flow. Trading Forex is lawful as long as you follow financial regulations that prohibit money laundering and report your earnings to the IRS. While employing a licensed broker is not required by law, there are brokers regulated by our own FSCA as well as those regulated by other recognized organizations throughout the world.
Funding Forex Accounts Legally
In South Africa, funding an account is rather simple provided you have a credit card linked to a major bank. However, whether we try to finance overseas accounts from South African bank accounts or local lesser-known credit cards, South African financial restrictions might occasionally get in the way. This is happening less and less, yet we continue to hear that the problem exists. In 2010, it became simpler for South Africans to lawfully transfer more money to offshore bank accounts, making it easier to fund a Forex account. While there is still a limit on how much any South African person may move overseas, a 10 million Rand allowance is feasible.
Allowance for Discretionary Foreign Currency
Another option is to apply for a discretionary foreign currency allowance, which is available up to 1 million Rand. The yearly R1 million discretionary allowance law was amended on October 27, 2011, to accommodate overseas investments. The South African Revenue Service must approve this, as well as the first R10 million (SARS). To begin, fill out the MP 1423 form for the 1 million travel allowance.
Transferring over ten million ZAR yearly
To get authorization for transfers of up to 10 million ZAR per year, your bank must submit an application to the South African Reserve Bank’s Financial Surveillance Department for approval — contact them from here. This application requires a Tax Clearance Certificate to be completed.
If you want to transfer greater sums to a brokerage, it may be worthwhile to first open an offshore bank account and then fund your Forex and offshore investing accounts from there. It does, however, imply that if you wish to create further accounts with different brokers, you will not have to repatriate the assets and then go through the procedure of obtaining approval and transferring the funds again.
Anti-Money Laundering (AML) stands for Know Your Customer (KYC).
KYC is a program that has been used by banks and financial institutions all around the world. It is a law enacted to prevent money laundering by anonymous entities. You must complete your KYC documents when you sign up for a Forex trading account and before you can make a deposit.
It is quite simple.
• A color copy of a valid ID — this can be a passport, driver’s license, or ID card.
• A recent utility bill (e.g., electricity, gas, water, phone, oil, Internet and/or cable TV connection, bank account statement) that proves your home address and was issued within the last three months.
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