Haridas
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Could anyone offer their advice how to get funding legally if I am profitable trader? I am based in Europe. I did some research and below is the summary.
1. PAMM and other shared accounts are not possible in Europe.
You can forget about UK brokers - you need to be registered with the FCA to manage other peoples money, and thats fairly impossible for a private individual. It also depends on your country of residence, and where (and where not) you are marketing your service. Europe is rather complicated.
I think there are exemptions in the USA if you only have a small amount of clients, but not enirely sure about the current situation, and how applicable that is to foreigners, and where you are allowed to market and if you can take clients from other jurisdictions.
Generally speaking, you need to legally cover your ass. If a client sues you, you can easily get into deep **** if your paperwork/regulatory/legal stuff is not watertight. That means getting an attourney involved, and that means paying him fat fees. You also likely need to be registered as a moneymanager with the regulator, and they also want fees.
Its a bad idea. You are exposed to a lot of legal risk, and unless you can manage really big accounts(and you wont), its just not worth it.
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I've been through this process and have both regulated and unregulated MAM's. Unless you plan on doing public marketing I'd suggest you find a well known broker that doesn't require you to be regulated and run the MAM/PAMM through that.
I'm ASIC regulated and it's not only a pain in the ass, it's very expensive to maintain. I pay $3k per month, a 0.2 pip rebate and $50 per client in addition to external audit fees (thousands of dollars per year).
So unless you NEED it, I'd stick to the unregulated side.
2. PAMM with Power of Attorney:
You can trade other peoples money with a "Power of Attorney" using a PAMM account ... just go talk to the brokers. The first step would of course be to build a verified track record. I would suggest you to read: "How to Trade a Currency Fund: The step by step guide" by Jarratt Davis
3. Signal selling services (but from what I researched you earn very little):
There is actually a number of different sites out there .. Collective2, liveforextrading, rapicapintro, ayondo + many brokers have some sort of signal selling service.
I do not agree here, i live in Belgium and i am working moths now on starting some kind of investment business in Forex.
The problem is i would need a license from FSMA to do this legal, if i do manage other people's money without their license the FSMA will sue me.
The fines are from 12k up to 100k euro, i do not want to take this risk.
There are brokers which asks no license, but almost every country requires one, so if anybody want to take this risk, it is up to them, but i would never do it.
I found another solution, trade copier, i will use ATC Brokers, so i am not managing other peoples money, i am just trading my own capital and people can follow my trades if they want to, they can even adjust max draw down and how much they are willing to risk on every trade.
All the decisions are made by the "investor" himself, all trough the trades are coming from me.
A little bit more work because performance fee is not calculated and payed automatically, but it is the only legal way for me to do this kind of business so i have no choice.
I can only say think twice before anybody start a investment business, there are more rules and legal issues then most people think.
If you want to do it, do it the legal way!
4. Any other ideas?
1. PAMM and other shared accounts are not possible in Europe.
You can forget about UK brokers - you need to be registered with the FCA to manage other peoples money, and thats fairly impossible for a private individual. It also depends on your country of residence, and where (and where not) you are marketing your service. Europe is rather complicated.
I think there are exemptions in the USA if you only have a small amount of clients, but not enirely sure about the current situation, and how applicable that is to foreigners, and where you are allowed to market and if you can take clients from other jurisdictions.
Generally speaking, you need to legally cover your ass. If a client sues you, you can easily get into deep **** if your paperwork/regulatory/legal stuff is not watertight. That means getting an attourney involved, and that means paying him fat fees. You also likely need to be registered as a moneymanager with the regulator, and they also want fees.
Its a bad idea. You are exposed to a lot of legal risk, and unless you can manage really big accounts(and you wont), its just not worth it.
--------------
I've been through this process and have both regulated and unregulated MAM's. Unless you plan on doing public marketing I'd suggest you find a well known broker that doesn't require you to be regulated and run the MAM/PAMM through that.
I'm ASIC regulated and it's not only a pain in the ass, it's very expensive to maintain. I pay $3k per month, a 0.2 pip rebate and $50 per client in addition to external audit fees (thousands of dollars per year).
So unless you NEED it, I'd stick to the unregulated side.
2. PAMM with Power of Attorney:
You can trade other peoples money with a "Power of Attorney" using a PAMM account ... just go talk to the brokers. The first step would of course be to build a verified track record. I would suggest you to read: "How to Trade a Currency Fund: The step by step guide" by Jarratt Davis
3. Signal selling services (but from what I researched you earn very little):
There is actually a number of different sites out there .. Collective2, liveforextrading, rapicapintro, ayondo + many brokers have some sort of signal selling service.
I do not agree here, i live in Belgium and i am working moths now on starting some kind of investment business in Forex.
The problem is i would need a license from FSMA to do this legal, if i do manage other people's money without their license the FSMA will sue me.
The fines are from 12k up to 100k euro, i do not want to take this risk.
There are brokers which asks no license, but almost every country requires one, so if anybody want to take this risk, it is up to them, but i would never do it.
I found another solution, trade copier, i will use ATC Brokers, so i am not managing other peoples money, i am just trading my own capital and people can follow my trades if they want to, they can even adjust max draw down and how much they are willing to risk on every trade.
All the decisions are made by the "investor" himself, all trough the trades are coming from me.
A little bit more work because performance fee is not calculated and payed automatically, but it is the only legal way for me to do this kind of business so i have no choice.
I can only say think twice before anybody start a investment business, there are more rules and legal issues then most people think.
If you want to do it, do it the legal way!
4. Any other ideas?