Money you pay in sits in an account pooled with other clients' money. Clause 13.1 says DFAL may use everything in that account to meet the default of any other client.
Why this matters
A stranger's losing position can reach your balance before you hear about it. Clause 13.1 sets no limit on how much of the pool DFAL may take, and no duty to tell you.
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.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.
You also acknowledge that all monies credited to the client's segregated account maintained by DFAL may be used by DFAL to meet the default of any other clients of DFAL.
Firms licensed by the FCA or CySEC must hold a retail client's money in trust and cannot apply one client's money to another client's shortfall while the firm is still trading. This agreement says the pooled account may be used to meet the default of any other client of DFAL.
DOO FINANCIAL is not licensed by these regulators, so this is a comparison of practice, not a finding of any breach.
- Worse together with Exhibit 8Read these two clauses together. Each one costs more because the other exists.Your cash can go to another client's default while everything else DFAL holds for you is pledged to DFAL.