ICM's partner page tells you it provides negative balance protection. Clause 8.5 says the opposite. If your account goes below zero after a stop out, ICM can claim that money back from you. The stop out fires at 5% of your margin.
Negative balance protection is a limit that stops you owing more than you put in. Without it, one fast market move can leave you owing the broker money on top of your deposit.
Why this matters
Negative balance protection means a loss cannot take you below zero. Without it you can end up owing ICM more than you deposited. Clause 8.11 confirms your account balance is not the limit of what you owe.
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.5%The figure this clause puts a number on, taken from the broker's own words.
ICM Capital maintains the right to close any client position/positions when stop out level (equity/margin) falls at 5% of the total margin requirements or the level agreed with the client. In case the balance or equity becomes negative as a result of stop out, ICM Capital reserves the right to claim the balance from the client to adjust the equity back to zero.
Where it sits: section 78 of 180 in the Terms and Conditions, 43% of the way through.We counted the numbered sections in the Terms and Conditions. This clause sits in section 78 of 180, about 43% of the way through. A fee written on the first page and the same fee written near the end are not the same disclosure.
Firms licensed by the FCA, CySEC and other ESMA regulators must give retail clients negative balance protection. A retail loss cannot exceed the money in the account. This contract lets ICM claim the shortfall instead.
ICM is not licensed by these regulators, so this is a comparison of practice, not a finding of any breach.