11 minute read

Is XM Legal in Philippines? A Comprehensive Review

The foreign exchange (Forex) and Contract for Difference (CFD) trading industry has seen significant growth in the Philippines, with platforms like XM attracting attention from both novice and experienced traders. However, a critical question remains: Is XM legal in the Philippines? This comprehensive review explores XM’s operations, regulatory status, safety features, trading conditions, and more to provide Filipino traders with a clear understanding of whether XM is a legitimate and trustworthy platform for their trading needs.

💥 Trade with XM now: Open An Account or Visit Brokers 🏆

Overview of XM: A Global Forex Broker

XM, operated by XM Global Limited, is a well-established online broker founded in 2009. Headquartered in Belize, with additional offices in Cyprus and Australia, XM serves over 10 million clients across 190 countries, including the Philippines. The broker specializes in Forex and CFD trading, offering access to over 1,000 trading instruments, including currency pairs, stocks, commodities, indices, cryptocurrencies, and precious metals. Known for its low minimum deposit, fast order execution, and user-friendly platforms like MetaTrader 4 (MT4) and MetaTrader 5 (MT5), XM has become a popular choice among traders worldwide.

But the key question for Filipino traders is whether XM operates legally in the Philippines and whether it’s safe to trade with this broker. To answer this, we need to examine XM’s regulatory framework, its compliance with local laws, and the broader context of Forex trading in the Philippines.

Is Forex Trading Legal in the Philippines?

Before diving into XM’s legality, it’s essential to understand the legal landscape of Forex trading in the Philippines. Forex trading is legal in the Philippines, and the country has a population of over 108 million potential traders. The Securities and Exchange Commission (SEC) is the primary regulatory authority responsible for overseeing the local capital markets and their participants. However, Forex trading is not as tightly regulated in the Philippines as in some other jurisdictions, and no domestic brokers are currently authorized to offer Forex trading services. This gap has led many Filipino traders to turn to international brokers like XM.

While the SEC advises caution when trading Forex and CFDs due to their high-risk nature, there are no explicit laws prohibiting Filipino residents from trading with offshore brokers. However, the SEC requires that any entity offering securities or investment products in the Philippines must be registered as a corporation in the country and possess a secondary license to sell or offer securities to the public. This requirement has created some ambiguity regarding the operations of foreign brokers like XM.

Is XM Legal in the Philippines?

The short answer is: Yes, XM is accessible and legal for Filipino traders to use, but there are important nuances to consider. XM operates in the Philippines under its global entity, XM Global Limited, which is regulated by the Financial Services Commission (FSC) in Belize. While XM is not registered as a corporation in the Philippines and does not hold a local SEC license, there are no specific restrictions imposed by Philippine authorities that prevent Filipinos from trading with XM.

However, the SEC issued an advisory in April 2024, warning the public against investing in XM and other unregistered platforms like eToro. The advisory stated that XM is not registered as a corporation in the Philippines and operates without the necessary license to sell securities or engage in brokerage activities under the Securities Regulation Code (SRC). The SEC cautioned that individuals acting as promoters or agents for XM could face penalties, including fines of up to PHP 5 million (approximately USD 88,500) or imprisonment for up to 21 years.

Despite this advisory, XM remains accessible to Filipino traders, and many continue to use the platform without reported legal repercussions. This is largely because XM operates as an offshore broker, regulated by reputable international authorities, which we’ll explore in the next section. For Filipino traders, the key is to exercise due diligence and understand the risks associated with trading on unregistered platforms.

XM’s Regulatory Framework: Is It Safe?

One of the most critical factors in determining a broker’s legitimacy is its regulatory oversight. XM is regulated by several reputable authorities worldwide, which enhances its credibility and safety for traders:

·         Cyprus Securities and Exchange Commission (CySEC): XM’s European entity, Trading Point of Financial Instruments Ltd, is licensed by CySEC (license number 120/10). CySEC operates under the European Union’s MiFID II directive, ensuring strict compliance with consumer protection standards.

·         Australian Securities and Investments Commission (ASIC): XM’s Australian entity, Trading Point of Financial Instruments Pty Ltd, holds an Australian Financial Services License (number 443670). ASIC is considered a top-tier regulator, known for its stringent oversight.

·         Financial Services Commission (FSC) of Belize: XM Global Limited, which serves Filipino clients, is regulated by the FSC (license number 000261/397). While Belize’s regulatory framework is less stringent than CySEC or ASIC, it still provides a level of oversight and accountability.

·         Dubai Financial Services Authority (DFSA): XM is also regulated by the DFSA, further bolstering its global compliance.

·         Financial Sector Conduct Authority (FSCA) of South Africa: This adds another layer of regulatory credibility.

These licenses demonstrate that XM adheres to international standards for transparency, client fund protection, and operational integrity. Key safety features include:

·         Segregated Client Funds: XM keeps client funds in separate bank accounts from its operational funds, ensuring that traders’ money is protected in the event of the broker’s insolvency.

·         Negative Balance Protection: XM guarantees that traders cannot lose more than their deposited amount, reducing the risk of significant financial loss.

·         Regular Audits: XM undergoes regular audits by its regulators to ensure compliance with industry best practices.

While XM’s Filipino clients trade under the Belize FSC, which is considered a weaker regulator compared to CySEC or ASIC, the broker’s multi-layered regulatory framework and safety measures make it a low-risk option for traders in the Philippines.

💥 Trade with XM now: Open An Account or Visit Brokers 🏆

Trading Conditions with XM in the Philippines

XM offers attractive trading conditions that cater to both beginners and experienced traders in the Philippines. Here’s a breakdown of the key features:

1. Account Types

XM provides several account types to suit different trading needs:

·         Micro Account: Ideal for beginners, with a minimum deposit of $5 and micro-lot trading (1 lot = 1,000 units).

·         Standard Account: Also requires a $5 minimum deposit but allows trading in standard lots (1 lot = 100,000 units).

·         Ultra Low Account: Offers tighter spreads starting from 0.6 pips, with a minimum deposit of $50.

·         Shares Account: Requires a $10,000 minimum deposit and is designed for trading stock CFDs with no leverage.

2. Trading Platforms

XM supports the industry-standard MetaTrader 4 (MT4) and MetaTrader 5 (MT5) platforms, known for their advanced charting tools, technical indicators, and support for automated trading via Expert Advisors (EAs). Additionally, XM offers its proprietary WebTrader platform, allowing traders to access markets from any device without downloading software.

3. Trading Instruments

XM provides access to over 1,000 instruments, including:

·         Forex: 57 currency pairs, including majors, crosses, and exotics.

·         Cryptocurrencies: Over 60 crypto pairs with up to 500:1 leverage.

·         Stocks and Indices: CFDs on global stocks and major indices like the S&P 500 and Nasdaq.

·         Commodities and Metals: Including gold, silver, and oil.

4. Fees and Spreads

XM is known for its low-cost trading environment. It charges no commissions on most accounts, with spreads starting from 0.6 pips on the Ultra Low Account. The broker also offers no fees for deposits or withdrawals, though swap fees apply for positions held overnight.

5. Leverage

XM offers flexible leverage up to 1000:1 for Forex pairs, though high leverage carries significant risks and should be used cautiously. Filipino traders should be aware that leverage can amplify both profits and losses.

6. Bonuses and Promotions

XM offers attractive bonuses for Filipino traders, including a $50 no-deposit bonus for new accounts and a two-tier deposit bonus (50% up to $500 and 20% up to $4,500). Note that bonuses are non-withdrawable, but profits made from them can be withdrawn at any time.

7. Educational Resources

XM provides a comprehensive learning center with articles, videos, webinars, and seminars covering topics like Forex basics, technical analysis, and risk management. The broker also hosts educational events in the Philippines, such as seminars in Manila and Davao.

8. Customer Support

XM offers 24/5 customer support via live chat, phone, and email, with services available in Filipino and over 30 other languages. Traders can also request a callback from their account manager.

Pros and Cons of Trading with XM in the Philippines

Pros

·         Regulated by Multiple Authorities: Oversight from CySEC, ASIC, FSC, DFSA, and FSCA ensures a high level of safety and transparency.

·         Low Minimum Deposit: Starting at $5, making it accessible for beginners.

·         Wide Range of Instruments: Over 1,000 trading options across Forex, stocks, cryptocurrencies, and more.

·         User-Friendly Platforms: MT4, MT5, and WebTrader cater to all levels of traders.

·         Negative Balance Protection: Protects traders from losing more than their deposit.

·         Educational Resources: Extensive materials and local seminars support trader development.

·         Fast Withdrawals: Deposits and withdrawals are processed quickly, often within hours.

Cons

·         Not Regulated by the SEC: XM operates as an offshore broker in the Philippines, which may concern some traders due to the SEC’s advisory.

·         Weaker Belize Regulation: Filipino clients trade under the FSC in Belize, which offers less investor protection compared to CySEC or ASIC.

·         No Local Office or Phone Support: XM lacks a physical presence and local phone support in the Philippines.

·         High Leverage Risks: Leverage up to 1000:1 can lead to significant losses if not managed properly.

·         No PHP Base Currency: Accounts cannot be opened in Philippine Peso, requiring currency conversion.

The SEC Advisory: Should You Be Concerned?

The SEC’s April 2024 advisory against XM and other unregistered platforms has raised concerns among Filipino traders. The advisory highlights that XM is not registered as a corporation in the Philippines and lacks the necessary license to offer securities or brokerage services. While this does not make trading with XM illegal for individuals, it underscores the importance of understanding the risks of dealing with unregistered foreign entities.

The SEC’s warning is part of a broader effort to protect Filipino investors from potential scams and unregulated platforms. However, XM’s global reputation, regulatory oversight, and safety features like segregated accounts and negative balance protection mitigate many of these concerns. Filipino traders should weigh the SEC’s advisory against XM’s established track record and decide based on their risk tolerance.

Alternatives to XM for Filipino Traders

For traders who are hesitant to use XM due to the SEC advisory, several regulated alternatives are available. Some popular options include:

·         Oanda: A well-regulated broker with a strong reputation and support for Filipino clients.

·         IG: Offers a wide range of trading instruments and is regulated by top-tier authorities.

·         Forex.com: Known for competitive spreads and robust trading platforms.

·         Capital.com: Provides low fees and a user-friendly interface for beginners.

These brokers are also regulated by reputable authorities and may offer additional features like local currency support or stronger investor protections.

How to Start Trading with XM in the Philippines

If you decide to trade with XM, the account opening process is straightforward:

·         Visit XM’s Website: Go to xm.com and click “Open an Account.”

·         Fill in Personal Details: Provide your name, address, and financial information.

·         Choose Account Type and Platform: Select from Micro, Standard, Ultra Low, or Shares accounts and choose MT4 or MT5.

·         Submit Documentation: Upload an identity document (e.g., passport) and proof of address (e.g., utility bill).

·         Fund Your Account: Deposit a minimum of $5 via bank transfer, credit/debit card, or e-wallets.

·         Start Trading: Access the platform and begin trading with real or demo funds.

XM also offers a demo account with $100,000 in virtual funds, allowing traders to test the platform and practice strategies without risking real money.

Conclusion: Is XM a Good Choice for Filipino Traders?

XM is a legitimate and accessible broker for Filipino traders, offering a robust trading environment with low fees, a wide range of instruments, and user-friendly platforms. Its regulation by CySEC, ASIC, FSC, DFSA, and FSCA, along with safety features like segregated accounts and negative balance protection, makes it a low-risk option despite not being registered with the Philippine SEC.

However, the SEC’s advisory highlights the importance of caution when dealing with unregistered foreign brokers. Filipino traders should carefully assess the risks, conduct thorough research, and consider their financial goals before trading with XM or any other platform. For beginners, XM’s low minimum deposit, educational resources, and demo account make it an attractive choice, while experienced traders will appreciate its competitive spreads and high leverage options.

Ultimately, whether XM is the right broker for you depends on your trading preferences, risk tolerance, and comfort with offshore brokers. If you prioritize a well-regulated, globally recognized platform with a strong track record, XM is a solid option for trading in the Philippines. For those seeking additional peace of mind, exploring SEC-registered or locally regulated alternatives may be worth considering.

💥 Note: To enjoy the benefits of the partner code, such as trading fee rebates, you need to register with XM through this link: Open An Account or Visit Brokers 🏆

Read more:

This article is from: