Quote from Cutten:
The legal relationship is that you trade with your broker. Your broker then has a contract with a clearing firm, who then has a contract with the exchange. So basically there are several legal liabilities - customer to broker and vice versa; broker to clearer; clearer to exchange. As in all other business contracts, if you have a liability to a creditor, that liability is not absolved just because one of your debtors has defaulted. So brokers effectively take on the credit risk of their customers, just as customers take on the credit risk of their brokers.
If you go broke, leaving them with uncovered losses, they still have the liability for those losses in their agreement with the clearing firm (or with the exchange, if they are self-clearing). They will of course try to get as much back from you as possible, but the amount they can't reclaim is basically their responsibility.
Hey Cutten,
Thanks a lot, this does make perfect sense. Yes, indeed, in no business can you default to your creditor because of a debtor's default... LOL (be nice if so...)
However, I never thought as everybody in the trading business chain being "indebted" to each other, rather thought all the brokers etc would be mere "order matchers/executors" for their clients, with all the responsibility fully remaining with the clients...
I just read that up and realized that you're certainly right there. Quite a scary thought now, to think that all these links in th chain are indebted to each other, and if only one of them defaults/skips the line/runs away with the money/debt or anything like that, then the others are basically in trouble... Depending on how well financially backed they are... This does indeed make this business a very very risky one (and it makes me wonder how they can keep all the regulation clean).
However, there is another conclusion that's well to be said: Of all the risks involved, the most lies with us, the end-user, the trader. Either way we put it, every chain in the link has a better legal structure etc to protect their individual assets than we have. None of the IB executives will be stripped of their belongings, just because IB defaulted on a Billion-Dollar debt. The worst that happens is that they lose their job.
The worst that can happen to us as private traders doesn't require much illustration... And no matter what legal structure we have, it is very difficult to dodge delivery obligation. I can protect my jewellery business against liability beyond my means via a P/L structure, but that doesn't really work with futures trading afaik...
What do you know, Cutten, are there any legal ways out there to protect yourself against maximum liability?
Best Regards.