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Does the pattern day trader rule apply to non-US citizens?

Personal Finance & Money Asked by vincent31337 on September 30, 2020

The Securities and Exchange Commission website says:

FINRA rules define a “pattern day trader” as any customer who executes four or more “day trades” within five business days, provided that the number of day trades represents more than six percent of the customer’s total trades in the margin account for that same five business day period.

I have several questions:

  • Does this rule apply to non-US citizens (or non-US residents)?

  • Does this rule apply if you are not trading from a margin account?

Basically, I just want to know if any non-US person can day trade US equities with a non-US broker if they have an account value of less than $25,000.

One Answer

Does this rule apply to non-US citizens (or non-US residents)?

Yes, if you're trading at a broker regulated by FINRA.

Does this rule apply if you are not trading from a margin account?

No, it only applies to a margin account. It's virtually impossible to day trade in a non-margin account because of the other rules they're subject to such as restrictions on free riding and good faith violations.

Answered by David Schwartz on September 30, 2020

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