Clause 28 lets Far East Precious Metal pledge, re-pledge, invest or lend your money, either on its own or mixed with other clients' money, to itself or to anyone else. It does not have to tell you first.
Why this matters
Your deposit is not sitting in a separate account waiting for you. It can be working for the firm, and the same contract tells you that if the firm fails you queue behind its secured creditors as an unsecured one.
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.
客戶在此亦授權遠東貴金屬將客戶作為證金或擔保物的任何證券或其它財物,以單獨或者與其它客戶的財產一起的形式,抵押、再抵押、投資或借於遠東貴金屬自身或其他方。
Firms licensed by the FCA, CySEC or ASIC must hold retail client money in segregated accounts and cannot use it for their own business. This contract says the opposite twice: your property can be lent to the firm, and on insolvency you have no priority claim.
Far East Precious Metal 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.Re-pledging client property is a wholesale finance device. Written into a retail metals agreement, and pointed at the firm's own balance sheet, it converts your deposit into funding for the company you are trading against.
- Worse together with Exhibit 21Read these two clauses together. Each one costs more because the other exists.The contract admits this trading sits outside the Securities and Futures Ordinance, so no client money rulebook stands behind the deposit that clause 28 allows the firm to lend.
- Worse together with Exhibit 17Read these two clauses together. Each one costs more because the other exists.Clause 7 lets the firm merge your accounts and set balances off against each other, so the property clause 28 holds as collateral can be moved between them without notice.

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