tastytrade and Apex do not have to tell you that your margin account has fallen short of the requirement. They do not have to give you time to top it up. Clause 22(v) lets them sell your positions first and inform you after.
Why this matters
Your shares can be sold at the worst moment of a bad morning, at a price you did not choose and cannot appeal. You still owe any shortfall left after the sale.
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.
You acknowledge that neither tastytrade nor the Clearing Firm are obligated to request additional securities or other property for margin purposes in the event your margin Account falls below minimum margin requirements, notify you of any such deficiency, or allow you time to deposit additional securities or other property.
Margin lenders licensed by ASIC must agree with the client how a margin call will be communicated, and then communicate it. tastytrade Australia's own disclosure statement promises calls at least one hour before the market opens. The US agreement says tastytrade owes you no notice at all.
tastytrade is not licensed by this regulator, so this is a comparison of practice, not a finding of any breach.
- Worse together with Exhibit 17Read these two clauses together. Each one costs more because the other exists.In a retirement account the same clause bites hardest, because tax law can stop you paying in to meet the call.

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