The website says your money sits in separate accounts, secure and untouched. Clause 34 of the customer agreement has you authorise SalmaMarkets to mix your money with its own. It can also pledge that money as security for a loan to itself.
Why this matters
If SalmaMarkets cannot repay that loan, your deposit is part of what its lender can claim. Clause 9 says it may do this despite any law to the contrary, and no compensation scheme stands behind you.
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.
Customer authorizes Salma Markets to sell, pledge, rehypothecate, assign, invest, commingle and otherwise use any Collateral held by Salma Markets, including, but not limited to, using the Contracts as collateral for a loan to Salma Markets
Firms licensed by the FCA, CySEC or ASIC must hold retail client money in segregated accounts and may not use it to fund their own business or as security for their own borrowing. This contract has the client authorise exactly that use, and the website advertises segregation at the same time.
Salma Markets 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, meaning reusing a client's collateral for the firm's own borrowing, is a device from prime broking between banks. In a retail trading agreement it turns your deposit into working capital for the broker, and clause 34 is written as your own authorisation of it.
- Worse together with Exhibit 13Read these two clauses together. Each one costs more because the other exists.Your money can be lent out by the broker while no clearing house and no compensation scheme stands behind the broker's promise to return it.