Clause 31.2 lets Errante reach into your account and take historic trading profits it decides came from abuse of liquidity. It can do that at any point in the relationship, and it is the one who decides.
Why this matters
Money you made a year ago is not settled. Errante defines the abuse, picks the moment, and gives you no appeal.
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.
obtain from Clients’ accounts any historic trading profits that they have gained through such abuse of liquidity as determined by the Company at any time during our trading relationship
- Worse together with Exhibit 4Read these two clauses together. Each one costs more because the other exists.Clause 33.3 gives the same power a second route: any unfixed breach lets Errante reverse every past transaction.
- Worse together with Exhibit 3Read these two clauses together. Each one costs more because the other exists.The suspicion that triggers a profit clawback also lets Errante switch off negative balance protection.

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