You trade with TDM Holdings LLC, a company in Saint Vincent and the Grenadines. The FSCA licence on the marketing belongs to a different company, TD Markets (Pty) Ltd, which the contract casts as the marketing agent and the collector of your money.
On a principal basis, as your counterparty, means the broker takes the other side of your trade itself. Your loss is then the firm’s gain, so it has an interest in how your trade ends.
Liquidity providers are outside banks and brokers.
Why this matters
Any dispute over your money goes to the courts of Saint Vincent and the Grenadines under clause 34, not to a South African court. The FSCA does not supervise the company holding the other side of your trades.
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.
TDM Holdings LLC (hereinafter the “Principal”), a corporation organized under the laws of Saint Vincent and the Grenadines, acting herein as the principal entity, liquidity provider and counterparty to the trades executed on the Trading Platform as specified in these terms and conditions (hereinafter the “Agreement”).
Buried at section 196 of 197 in the Trading Terms and Conditions, 99% of the way through.We counted the numbered sections in the Trading Terms and Conditions. This clause sits in section 196 of 197, about 99% 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 or CySEC must themselves be authorised to deal as principal before they can be the counterparty to a retail client's CFD trades. Here the FSCA licence covers intermediary services in South Africa, and the counterparty is a separate company in Saint Vincent and the Grenadines.
TD MARKETS is not licensed by these regulators, so this is a comparison of practice, not a finding of any breach.