Seychelles – Offshore Securities Dealer Forex & Brokerage License
The Securities Act 2007 provides the legal framework for the provision of Securities Dealer Services. A Seychelles Securities Dealer License is a license which allows a company to trade in securities either as a principal (on its own account) or as an agent (on behalf of its clients). The regulatory authority, which grants the authorization for such a firm, is the Financial Services Authority (Seychelles).
This license is particularly beneficial for Companies worldwide, who deal/trade in securities. This license is an important tool for your organization to attract more clients. The license will give your firm more credibility in the eyes of your wholesale broker and your clients!
Effectively, an entity that holds a Seychelles Securities Dealer License can:
- Advise other persons concerning investment in securities
- Issue, analyse or prepare reports concerning specific securities
- Manage a portfolio of securities for another person
Securities Dealer
A Securities Dealer License is basically a broker License that allows a company to trade in securities either as a principal (on its own account) or as an agent (on behalf of its clients). A Securities Dealer is a person:
Who carries on business of dealing in securities, or
Who holds himself out as conducting such business described below:
- Makes or offers to make an agreement with another person to enter into or offer to enter into an agreement, for or with a view to acquiring, disposing of, subscribing for or underwriting securities or in any way effects or causes to effect a securities transaction; or
- Causes any sale or disposition of or other dealing or any solicitation in respect of securities for valuable consideration, whether the terms of payment be on margin, installment or otherwise or any attempt to do any of the foregoing; or
- Participates as a securities dealer in any transaction in a security occurring upon a securities exchange; or
- Receives as a securities dealer an order to buy or sell a security which is executed; or
- Manages a portfolio of securities for another person on terms under which the first mentioned person may hold property of the other person.
A Securities Dealer may deal in shares, warrants, debentures, loan stock, bonds, certificate of deposits, futures, contract for difference and options.
Seychelles is one of the most sought-after jurisdictions among brokers for obtaining a forex license
The Seychelles Financial Services Authority (formerly the Seychelles International Business Authority) is responsible for all Seychelles non-banking financial services including Forex brokerages, trust companies and issuing Forex trading licenses. In addition to issuing the licenses they are responsible for supervising, monitoring and developing the service industry which provides this sector with all it needs.
In 2013 the Financial Services Authority Act created the Seychelles Financial Services Authority tasking it with a specific mission – to create an environment which was conducive for nurturing and developing the financial service industry in the Seychelles in accordance with economic development tactics of the Seychelles in alignment with local and international regulatory best practices and norms.
When opting for a Forex trading license in the Seychelles you need submit an application for a Special License Company which was formulated according to the Seychelles Companies Act, 2003. This process can be more complicated and costlier than setting up an international company. However, it comes with more benefits especially when the business is licensed through the FSA.
To apply for a Special License Company (CLS) in the Seychelles you need to submit documents such as a business plan; market information; a marketing strategy; professionally prepared financial forecasting; corporate documents and the applicable application forms to the Seychelles Financial Services Authority (FSA). When you are issued with a Certificate of Approval you must then apply to the domestic Seychelles Registrar of Companies to incorporate your business. When this is done the Registrar will grant a Certificate of Incorporation which then allows you to get a Special License granted by the FSA stating that your company is to be a Special License Company.
Offshore Securities Dealers License (SDL) advantages
Why Seychelles for Securities Dealer License?
The growing popularity of Seychelles as a preferred jurisdiction for setting up a Securities Dealer License is due to some of the elements below.Modern, expedient and flexible Seychelles Securities law.
Proven track record with a steady growth (+ 10%).
Is an extensively researched law.
Outstanding political and social stability Is an enabling law.
Regulator flexibility.
Convenient time zone at GMT+4.
Excellent facilities in terms of service providers, communications, service businesses, etc.
Attractive corporate and personal tax environment and access to tax treaties.
Enhanced privacy.
Favorable corporate tax rate (1.5% p.a. on income).
Allows the foreign Securities Dealers from recognized jurisdictions.
Free remittance of profits and capital.
Low required capital / no blocked capital. The required capital to get the license granted is just 50,000 US$. That amount needs to be hold in a bank account at the Seychelles (e.g. with our lawyers) and can be withdrawn as soon as the license is issued. It can be used for building up the company, infrastructure measures etc.
There are no restrictions in the number of clients to be accepted.
Licensing requirements
The applicant company must:
Be a company incorporated under the Companies Ordinance, 1972 or under the laws of a recognized jurisdiction (Please refer to Appendix for list of recognized jurisdictions).
Employ at least 2 (two) natural person directors.
Employ at least one individual who is licensed as a Securities Dealer Representative.
Comply with the prescribed minimum issued and paid up (non-blocked) capital requirement of US$ 50,000.
Comply with the insurance requirement – the licensee ought to have a professional indemnity cover appropriate for the nature and size of the business.
Satisfy the Authority that a fit and proper person will be licensed as a Securities Dealer Representative.
Have specified premises that are suitable for keeping registers, records and other.
Permitted activities
The Seychelles Forex Securities Dealers License enables you to carry out the following services:
- Selling your own shares to third parties
- Issuing your own Managed Account products
- Carry out trading on behalf of others (LPOA) etc. / CTA activities
- Deposit-takings of third parties
- Offering trading (self-trading or managed) in FX/Forex, CFDs, Futures
- Managed Accounts Forex
- Forex CTA activities
- Trading in commodities (also agricultural commodities and spot metals)
- Creation of your own price and fee schemes (managed account fees, profit shares, spreads, mark-ups etc)
Application process
People that wish to apply for the license must submit an application to the Seychelles FSA with the following documents:
- A business plan of the company.
- Organizational structure char.
- Provision of a Fully Services Office.
- Provision for appropriate personal that will be required to be appointed (compliance offices, reporting officer, administration, licensed representative, HR employee).
- Description of internal control mechanisms.
- Description of governance arrangement.
- A personal questionnaire that is required to be filled by each shareholder, beneficial owner, proposed director, manger and officer of the company with the due diligence.
- Application fees.
- Any documentation that may be required by the regulator.
