Receive Cash through wire transfer Receive Cash through wire transfer

3 weeks ago

Sir as per RBI guideline sending cash through wire transfer to forex broker which are unauthorised by RBI is illegal as per law but Sir if they send me money through wire transfer is it illegal because I can't send money to them for forex trade but is there any issue if they send me money through wire transfer because I'm not directly involve with them in transaction so please I want to know is there any problem if I receive money from them in India and will it come under FEMA act?

Anik

Responded 1 week ago

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A.Dear Client,

Forex and currency trading in India are legal but must be conducted through authorized brokers and permitted currency pairs to avoid penalties under FEMA. The Central Government regulates payments to and from foreign entities under the FEMA Act. Each inward remittance requires a Foreign Inward Remittance Certificate (FIRC) from the recipient's bank. Failure to comply with FEMA regulations may result in penalties as per Section 13 of the Act. While forex trading can be profitable, it's essential to be cautious of scams. Recovering funds from forex scams can be complex; seeking legal advice from a lawyer experienced in investment fraud is advisable.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
Forex and currency trading in India is legal but failure to adhere to authorised brokers or permitted currency pairs is a penal offence under FEMA. If you are interested in online forex trading in order to make your portfolio a diverse one. make sure you check the broker's credentials. The Foreign Exchange Management Act, 1999 (FEMA Act) gives powers to the Central Government to regulate the flow of payments to and from a person situated outside the country. All financial transactions concerning foreign securities or exchanges cannot be carried out without the approval of FEMA. Each inward remittance must be accompanied by a Foreign Inward Remittance Certificate (FIRC), issued by the recipient's bank. The FIRC contains information such as the sender and recipient's names and account numbers, the purpose of the transfer, and the exchange rate used in the transaction, among others. Forex trading can be a legitimate and profitable form of investment, but it is important to be aware of the potential for scams. Section 13 in The Foreign Exchange Management Act, 1999 deals with the penalties for contravention of the provision of the Act. As per Sec.13(!) of the Act, If any person contravenes any provision of this Act, or contravenes any rule, regulation, notification, direction or order issued in the exercise of the powers under this Act, or contravenes any condition subject to which the Reserve Bank issues an authorization, he shall, upon adjudication, be liable to a penalty up to thrice the sum involved in such contravention where such amount is quantifiable, or up to two lakh rupees where the amount is not quantifiable, and where such contravention is a continuing one, a further penalty which may extend to five thousand rupees for every day after the first day during which the contravention continues. By being vigilant and taking the necessary precautions, you can protect yourself from falling victim to a forex scam. Recovering your funds from a forex scam can be a challenging and lengthy process. It is best to consult with a lawyer who has experience in investment fraud cases. You can contact our firm for the same.

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