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Potential client losses if UK broker goes bankrupt

Martin Everson

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Jan 2, 2018
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I just wanted to share this cautionary tail. Your segregated account is not ring fenced as you would assume if your broker was to collapse and you could end up loosing money. As has been the case in this example below if for example your broker i.e Interactive Brokers UK was to go under and have no money they can steal from your brokerage account to pay insolvency costs of PWC, EY etc :(. In other words every European who uses a UK broker risks loosing their assets, even though the assets are held in custody for them and segregated.

Be careful and make sure to spread your assets around in as many territories as is economically possible.

Subscribe to read | Financial Times

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Brokers and investment platforms have admitted they are powerless to prevent customer funds being tapped in the event of an insolvency, after a brokerage collapsed with “huge ramifications” for investors.

Some clients of Beaufort Securities, which was closed by Financial Conduct Authority in March, have been told they will have to foot the bill for costly insolvency proceedings being carried out by PwC, the professional services group.

The move prompted anger among private investors after they learnt that funds in ringfenced pensions and investment accounts could be raided if their broker were to fall into insolvency.

Brokers said the reminder underlines the importance of clients doing due diligence on providers and making sure companies were well capitalised before investing with them.

“From a corporate point of view, I don’t think this would ever happen to us,” said Richard Stone, chief executive at investment company The Share Centre. “But ultimately administrators will always need to be paid and the rules allow the insolvency administrators to levy their charges against the client money, resulting in a shortfall.”

Danny Cox, chartered financial planner at Hargreaves Lansdown, said: “Our customer assets are held in a segregated account, so are separate from the business and cannot be accessed by our creditors.

But there is a provision, which PwC is using, to state that if there are not enough assets in the business to cover administration fees then those can be recouped from client money.

Rules introduced after the 2008 collapse of Lehman Brothers, known as the special administration regime, together with case law, have given investment companies more latitude to dip into client money to pay insolvency costs. The precedent has only been used a handful of times.

It means that most UK investors, whose assets are held in pooled nominee accounts via their broker, are on the hook if that company collapses and there are no other company funds available. The Financial Services Compensation Scheme (FSCS), which is funded by an industry levy, only covers assets of up to £50,000 per person, far lower than the size of many large pension and investment pots.

Lord Lee of Trafford, who has tabled several questions in the House of Lords on elements of Beaufort’s insolvency, said: “Every private investor that I’ve talked to or heard from about this had assumed that their assets with brokers were totally protected and ringfenced. “Investors are shocked to discover that this isn’t so, and that in similar circumstances to Beaufort, their holdings could be vulnerable.”

“Investors are shocked to discover that this isn’t so, and that in similar circumstances to Beaufort, their holdings could be vulnerable.”

Anthony Breton, a Beaufort customer, said: “I just always assumed my shares were safe because they were in a pooled nominee account. But PwC has been handed the keys to the cupboard. The ramifications for people’s accounts going forwards are huge.”

Beaufort specialised in raising money for small companies listing on the junior Aim stock exchange. It was put into administration in March just hours before it was charged by the US Department of Justice with alleged money laundering and securities fraud.

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PwC, the administrator, has said that Beaufort’s client assets are safe but that it could cost as much as £100m to identify and return assets worth £550m to customers. Because there are not enough funds left in the business, customers will have to pay out from their own pots, PwC said.

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Yeah I know they do that to generate more income from the assets they are supposed to hold safely in custody. They are apparently supposed to take collateral from the party they lend stock to. However some of these brokers are shady and will lend your Apple shares out against collateral of Tesla shares....lol.

I know a lot of UK clients have their ISA's with these type of brokers. Would be a shame to wake up one day and find your pension savings gone cause your broker went bust when 99% of people assume their portfolio is safe against broker insolvency :eek:.
 
Is there any in Asia that you can recomend?

I alread have one in USA and another at Malta. Is Malta in same danger as all Europe?

I hope you are not using cctrader in Malta ns2. Malta is the last place you should keep assets. I just finished moving my brokerage assets from meDirect in Malta.

For Asia it depends on the size of your assets.
 
Nope, it´s Exante. Why it´s the last place?

The banks are a bad joke. I count three failures in the last three years i.e Nemea Bank, Pilatus Bank and Sata bank on an island with few banks.

Exante is just another Russian laundromat with Latvian management and Cyprus and Moscow offices. How can you take that broker seriously.....I mean look at the management credentials below....lol:

Stock exchange brokerage services | Services of brokerage company EXANTE — EXANTE — Next Generation Investment Company

"Ms Marina Zaremba
Customer risk & Compliance

Marina holds a Master's degree in Economics and Management from the State University of Latvia. She started her career in JSC Rietumu Bank being responsible for AML programs' implementation. Marina is certified in Anti-Money laundering by ACAMS."


Really......she was responsible for AML at Rietumu bank? How well did that work out for the bank. Plus she is able to find work after working for them. Let me guess...people are always looking for ex-Rietumu compliance officers for their great talents :confused:.
 
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What do you recomend after withdrawn? Is there a safe broker with similar service?

Only keep in that broker what you can afford to lose. U.S anti-Russian sentiment is real and they have a habit of collapsing institutions they set their focus on. They killed two in Malta this year already namely Satabank and Pilatus. One for handling funds from sale of stolen Libyan oil and the other for being an Iranian laundromat. I don't think they have got to the bottom of the dark side of Malta - it makes Marbella in Spain look like the Vatican ns2.

Whats wrong with using IB for example?
 
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Only keep in that broker what you can afford to lose. U.S anti-Russian sentiment is real and they have a habit of collapsing institutions they set their focus on. They killed two in Malta this year already namely Satabank and Pilatus. One for handling funds from sale of stolen Libyan oil and the other for being an Iranian laundromat. I don't think they have got to the bottom of the dark side of Malta - it makes Marbella in Spain look like the Vatican ns2.

Whats wrong with using IB for example?

I am latin american. I didn´t use IB because I trusted Malta´s jurisdiction. This is my first contact with the "Dark side of Malta". But thank you for the advice. I should be more careful definitelly.

My main problem is my own goverment yet.
 
Stock exchange brokerage services | Services of brokerage company EXANTE — EXANTE — Next Generation Investment Company

"Ms Marina Zaremba
Customer risk & Compliance

Marina holds a Master's degree in Economics and Management from the State University of Latvia. She started her career in JSC Rietumu Bank being responsible for AML programs' implementation. Marina is certified in Anti-Money laundering by ACAMS."

I won't name names in saying this but I had two relationships with the now very closed VersoBank.

(Imagine a bank, if you will, where one of its own people was looking to establish a factory for docs to open accounts. I have not named names, nor have I suggested at which bank this was)

Anyway... one of those parties at VersoBank explained that the reason why Rietumu's KYC/AML tightened up so hard circa 2014 and beyond was the fact that someone from an unnamed Latvian agency was checking new account documents alongside bank officers, one for one, each page. So she was obviously doing an exceptional job.
 
Scary stuff indeed :(
 
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