If shares or cash go missing from the pool BUX holds for all its clients, you can end up carrying part of the loss. BUX's contract does this even when BUX itself made the mistake.
Why this matters
Your holding can shrink through no fault of yours whenever BUX cannot trace a shortfall to a particular client. BUX pays for losses only when it was grossly negligent, deliberately at fault or fraudulent, so an ordinary mistake can stay with you.
Exhibit 2Every 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.Harder than usualHow ordinary this wording looks next to the contracts we read. This is our reading of the clause, not a count of other brokers.
Despite these endeavours, it may occur that there is a deficit in money in a certain currency or in a certain Financial Instrument (Deficit), which BUX Custody holds for the Clients, for example caused by an error of BUX Custody or BUX. BUX may refuse Orders until the moment BUX is able to allocate the Deficit.
Firms licensed by the FCA that hold client investments must reconcile them regularly and cover any shortfall they caused from their own money. This contract names a BUX error as one cause of a shortfall and still spreads the loss across clients.
BUX Markets is not licensed by this regulator, so this is a comparison of practice, not a finding of any breach.
- Worse together with Exhibit 9Read these two clauses together. Each one costs more because the other exists.BUX's wider liability exclusions mean a shortfall spread under clause 5.2 leaves you little to claim back.
- Worse together with Exhibit 8Read these two clauses together. Each one costs more because the other exists.A shortfall spread across clients shows up in your statements, and six weeks of silence counts as accepting them.

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