Research

Custody and clearing are not the same signature as the brand

The firm whose website you opened may introduce you, execute for you, clear for you, or hold assets for you. Those jobs can sit with different legal entities. The agreement is the list.

Diagram for Custody and clearing are not the same signature as the brand
Editorial diagram for this note. It is not a data release and it does not plot a market price.

platform1 min readmulti asset

Key points

  • Introducing, execution, clearing and custody can be split.
  • Client-asset rules are about segregation and records. They are not a promise of profit.
  • A group chart is not a substitute for the names on the agreement.

What is going on

In listed markets a clearing member stands between a client’s broker and the clearing house. Some firms are that member. Others introduce the account to one. Custody of securities may sit with the broker or with a separate custodian. Cash may be held under client-money rules that depend on the country and the entity. The SEC, FINRA, the FCA and Investor.gov publish the public explanations of those roles. They do not fill in a brand’s current org chart.

Why it matters

If the introducing firm fails, the question is which entity holds the positions and the cash. If the product is bilateral, the provider may be the counterparty, and client-asset language written for listed securities may not apply to that contract.

What to watch

Find the legal names for the contracting party, the custodian and, where relevant, the clearing firm. Note which products are inside the client-asset description and which are outside it.

Risks

A compensation scheme, where one exists, has a limit and a list of excluded claims. Segregation can fail in practice. This note is not a check of a named firm’s current custody.

Related

Sources and review

Written by: WiT Markets Editorial. Writes and structures WiT Markets pages. Separates a sourced fact from a cell that is Not confirmed.

Review: Editorially reviewed. This is not a qualified specialist review and it is not a legal sign-off.

Last reviewed: . Next review due . The date is an editorial pass. It is not a live check of every third-party fee.

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Custody, clearing and the contract | WiT Markets