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There has been tremendous growth in online trading at a global level and India is not behind. Since the introduction of binary trading in India, binary options such as IQ Option, have gained popularity in India quickly. With more investors wanting to invest in IQ Option, India still has a majority of people who are unaware of the application of binary options and often Google questions like 'Is binary trading legal in India?'
For more information or legal expertise regarding binary trading and how to trade IQ option in India, connect with us for expert legal consultation.
Table of Contents:
Binary trading in India is a form of an 'all-or-nothing' option in which the payment is composed of a fixed compensation upon expiry of option in money or nothing upon expiry of option out of the money. A binary option is a kind of yes or no probability and therefore, termed as binary. The option holder does not have the choice to sell or buy the asset as binary trading is done automatically.
Binary option trading software like IQ Option requires high-risk management, however, the binary option holder knows about the quantum of risk involved in each trade and the loss is limited to the amount risked in binary trade.
Unlike many other countries, binary trading is illegal in India. As per the guidelines provided by the Reserve Bank of India, binary trading or any form of online trading of foreign exchange is not legal in India. The financial sector in India is primarily regulated by the RBI and Securities and Exchange Board of India (SEBI), which do not favour investing in binary options like IQ options in India.
The Foreign Exchange and Management Act (FEMA) prohibits binary trading or forex trading in India through electronic or online trading portals. Any investor who takes up binary trading in India does so at his own risk, with no law to regulate dealings of binary trading options in India.
Indian traders who want to invest in binary options can do so by signing up with an offshore binary options broker, as there are no Indian based binary trading firms and binary options are not listed on any of the recognised stock exchanges in India. Binary trading in India can be done in the following manner:
The first question that comes to mind is 'What is IQ option in India?' IQ Option is a binary options trader owned and operated by IQ Option Europe Ltd. It is a regulated and licensed binary options broker, but since the binary option is not legal in India, so IQ option does not hold a legal status here.
However, people use 3 different kinds of IQ options in India:
With no laws or rules to regulate binary trading in India, investors who are involved in binary options in India do so at their own risk. There is no legal remedy available to a trader who gets involved in an IQ option scam of binary trading in India. There are many fake websites rampant over the internet that scam people and end up stealing their information and money.
Returns also differ from broker to broker. While one broker may offer a 60% return on investment, the other may offer a 300% return on investment. With no regulation on investments and returns, the binary options trader must be sure about the return rates, minimum investment option, policy on bonus, withdrawal policy, etc.
With so many ongoing IQ Option scam happening in the world, the trust factor lies beneath all levels and the Indian Government doesn’t want to get involved in any risks and suffer a dire fate of financial crisis.
 Securities and Exchange Board of India (SEBI) - Here, SEBI answers to an appeal where the appellant has inter alia submitted: “What is binary options trading? Is binary options trading legal in India? Is it legal to earn money from binary options trading through brokers like IQOPTION and 24OPTION which are regulated by CYSEC?
 Foreign Exchange and Management Act (FEMA) - An Act to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India.
Antim Amlan is the in-house corporate counsel for MyAdvo and has been associated since the inception of the legal team.
Antim is a graduate from National Law University Odisha and has the expertise of consulting several corporates on litigation strategies, due diligence projects, regulatory compliance & licensing. He also advises corporates on structuring of the work processes based on subject matter and curating suitable legal solutions that benefit the corporate clients. He is an avid blogger and has interest in Corporate, Banking and Finance laws.