TradeSmart promises negative balance protection on its website, meaning it absorbs a loss that pushes your account below zero. The client agreement says the opposite: you stay liable for the whole deficit, on demand.
Negative balance protection is a limit that stops you owing more than you put in. Without it, one fast market move can leave you owing the broker money on top of your deposit.
Why this matters
A sudden gap in price on a leveraged trade can leave your account below zero. TradeSmart can then ask you for that money, and the promise you read before depositing is nowhere in what you signed.
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.
The CLIENT shall always be liable for the payment of any deficit balance of the CLIENT upon demand by TRADESMART and in all cases, CLIENT shall be liable for any deficiency remaining in CLIENT’s account(s) in the event of the liquidation thereof in whole or in part by TRADESMART or by the CLIENT.
Firms licensed by the FCA and firms under the ESMA rules must give retail clients negative balance protection, so a retail client cannot lose more than the money in the account. CySEC applies the same limit. TradeSmart says it treats every client as retail, then makes that client liable for any deficiency remaining in the account.
Tradesmart is not licensed by these regulators, so this is a comparison of practice, not a finding of any breach.
- Worse together with Exhibit 18Read these two clauses together. Each one costs more because the other exists.With no protection against a negative balance, a stop out level TradeSmart can move without notice decides how large your debt becomes.

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