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New Regulatory Environment

With the booming of the fledgling "retail" online forex trading industry during the last few years many members of the public became involved either as self-traders in the OTC (over-the-counter) forex market or as investors in managed accounts traded in the OTC forex market.

The absence of meaningful regulation, both in the United States and in other countries where introducing brokers or money managers solicited investments, was initially the norm.

However, the industry urgently needed regulation and the steps taken to realise this have been welcomed by both the public and the industry role players.

South African Regulation

The South African Legislator promulgated the FAIS Act, Act 37 of 2002 on 15 November 2002.

The FAIS Act is the "Financial Advisory and Intermediary Services Act" and all financial services advisors and intermediaries, including all forex advisors, Introducing brokers and account managers is be regulated in terms of this act. Financial Services Providers (FSP), including forex companies operating in South Africa, must have registered by 30 September 2004 with the Financial Services Board.

Due to a backlog in processing applications the FSB gave a general exemption to all FSP applicants that indeed made licence applications by the due date.

DayForex is an authorised FSP (No. 15315) to carry on business in respect of:

  • Financial advisory services; (forex advice)
  • Financial intermediary services; (Introducing brokerage)
  • Discretionary Financial Services (trading on behalf of investors)

    in the forex investment industry.

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