Send Ebury margin on a forward contract and clause 23.4 makes it Ebury's property. Ebury does not hold it in a segregated account or in trust for you. You keep only an unsecured claim for the same amount.
Liquidity providers are outside banks and brokers.
Why this matters
If Ebury fails, your margin is not money waiting for you in a client account. You join the queue of ordinary creditors for it. Clause 26 of the same agreement classifies you as a retail client.
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.
In providing us with Margin, you agree that such monies (i) will become the absolute property of ours, free from any equity, right, title or interest of yours; (ii) may be used by us in the ordinary course of our business, including without limitation to cover any exposure we may have to a third party liquidity provider with whom we have entered into transactions to hedge our exposure; (iii) will not be maintained by us in a segregated account; (iv) shall not be subject to a trust, deemed or otherwise, in your favour and (v) represents an unsecured claim against us for an amount equal to such
Firms licensed by the FCA or CySEC must not take title to a retail client's collateral, and must hold client money in segregated accounts. This agreement classifies you as a retail client and takes title to your margin.
Ebury is not licensed by these regulators, so this is a comparison of practice, not a finding of any breach.
What happens, and whenThe Trigger column is what has to happen first. Once that point is reached, the broker may do what the next column says. Every rung names the clause it came from, so you can check it.
| Trigger | What the broker may then do | Clause |
|---|---|---|
| Margin Call | Ebury decides on its own how much margin you must send. | 23.2 |
| Within 24 hours | You must transfer the margin, or by the later date on the Margin Call Receipt. | 23.3 |
| On receipt | The money becomes Ebury's own property and sits outside the segregated accounts. | 23.4 |
| If Ebury uses it | You must restore the margin immediately when Ebury asks. | 9.2 |
| If you do not restore it | Ebury can close out your trades, charge you any loss and keep any profit. | 25.2 |
- Worse together with Exhibit 3Read these two clauses together. Each one costs more because the other exists.Ebury owns the margin outright and keeps any profit from closing the trade that margin was securing.
- Worse together with Exhibit 15Read these two clauses together. Each one costs more because the other exists.The margin sits outside the segregated accounts and no compensation scheme stands behind it.

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