PKF Capital can move your money out of the segregated client account into what clause 26.1 calls a Buffer Account. The same clause says that account is not a trust account. Money sitting in it can be reached by the creditors of whoever holds it.
Why this matters
If the firm holding that buffer fails, your money sits in the queue with its other debts. PKF Capital alone decides how much to move, and the contract sets no ceiling.
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.
acknowledges and agrees that PKF Capital will withdraw funds from the PKF Capital bank account where Client Moneys are held (including, where relevant, the Segregated Funds Account) and deposit those funds in one or more Buffer Accounts;
Firms licensed by the FCA or CySEC must hold retail client money in a segregated trust account and may pay it away only in a short list of defined cases. Firms licensed by ASIC may not use a retail derivatives client's money to meet their own hedging obligations.
PKF Capital 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.Client money normally leaves a trust account only to settle the client's own trades. This clause moves it out to post margin for PKF Capital's own hedging, in an amount PKF Capital picks, into an account the contract itself says is not a trust account.
- Worse together with Exhibit 7Read these two clauses together. Each one costs more because the other exists.One clause takes your cash out of the trust account, the other takes security over whatever is left.

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