Praxis can pledge, re-pledge or lend out the money and assets you deposit, to cover its own obligations to other firms. Clause 8.6 says it needs no notice and no further consent from you. The same clause warns that if Praxis goes under, your assets may be claimed by its creditors.
Why this matters
Money you thought was sitting in a segregated account can be working as security for someone else's debt. If Praxis fails, the contract tells you plainly that you may not get all of it back.
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.
You grant Praxis the right to rehypothecate, pledge, re-pledge, or otherwise utilize the Collateral, without further notice or consent, to fulfill its obligations to third parties.
Firms licensed by the FCA and CySEC must keep retail client money separate from their own and may not use it to fund their own obligations. This contract grants the opposite right, in the same clause that says client money rules apply at all times.
Praxis 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.Rehypothecation is a prime brokerage device used between institutions that can price the credit risk. Pointed at a retail deposit it turns your cash into collateral for the firm's own borrowing, and clause 8.6 removes the notice you would otherwise get.
- Worse together with Exhibit 6Read these two clauses together. Each one costs more because the other exists.Your deposit can be pledged to a third party under one clause and taken to settle a debt on another account under the other.