Your money is segregated under clause 13, then charged to BCM Markets under clause 14.3. Clause 14.4 lets BCM pledge those assets to an exchange, a broker or another third party. That third party can enforce against them for BCM's own debts, or for the debts of any other customer of BCM.
Why this matters
The PAMM page tells you the funds are protected from broker insolvency. Clause 14.4 lets that security rank ahead of your own claim, so a default that is not yours can reach your balance.
Exhibit 1Every flagged clause gets its own number so you can point at this one. The number does not change, so a link to it keeps working.CriticalHow much this clause can cost you, in our reading. Critical can take your money or your profit. Warning can delay or limit it. Notice is simply worth knowing before you sign.Rarely seenHow ordinary this wording looks next to the contracts we read. This is our reading of the clause, not a count of other brokers.
Money received or held on your behalf by us will be treated as client money in accordance with the FSC Rules and Regulations or other relevant laws or rules and will at all times be segregated from our own funds.
Where it sits: section 70 of 136 in the Investment Dealer Client Agreement, 51% of the way through.We counted the numbered sections in the Investment Dealer Client Agreement. This clause sits in section 70 of 136, about 51% of the way through. A fee written on the first page and the same fee written near the end are not the same disclosure.
Firms licensed by the FCA or CySEC may not take a retail client's money or assets as collateral for the firm's own obligations, and title transfer collateral arrangements with retail clients are banned. Clause 14.4 lets BCM Markets pledge your assets for its own obligations and for another customer's.
BCM MARKETS is not licensed by these regulators, so this is a comparison of practice, not a finding of any breach.
Our readingOur own comment on the clause, not the broker's words. Anything we quote is marked as a quotation.A broker lien over client assets is ordinary. Extending it so a third party can enforce against your balance for another customer's obligations, ahead of your own claim, is not.
- Worse together with Exhibit 6Read these two clauses together. Each one costs more because the other exists.The charge over your assets is what the retention clause enforces: the same money secures the debt and cannot leave until BCM says the debt is gone.

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