How to read a broker or investment project client agreement correctly

How to read a broker or investment project client agreement correctly

Article overview

You can find articles on the Internet about how to “correctly sign” an agreement with a broker or investment project. However, they are all dedicated to the Russian market and players with a state license. And users increasingly choose little-known service providers with foreign registration. The agreements of such companies can contain many stop signals. Below we analyze the most popular cases that signal danger.

1. No agreement A common situation: a company offers services, but does not sign an agreement with clients. However, it can prepare a policy for processing personal data and require scanned copies of a passport in accordance with KYC.

This is not a normal situation and is a sign of impending fraud. No matter how you sign the documents (with a ballpoint pen, via SMS, by ticking a box during registration), you agree to cooperate on the basis of certain conditions and rules. They must be described in full and in documentary form.

2. English language Also a common case: a company operates in the Russian-speaking market, but publishes an agreement in English. Often it is slipped in as an image (.jpg): the user cannot copy the text into an online translator. As a rule, unscrupulous brokers and investment projects stop at English so that future clients 100% abandon the idea of ​​delving into the agreement. This, as well as the absence of this document, provides ample opportunities for manipulation. Thus, the manager can come up with rules on the fly: fine, increase commissions, block an account, etc.

3. Confusion with legal entities Some organizations allow chaos: the license is issued to one legal entity, another name is recorded in the agreement, and somewhere on the site - a third. Also, there is often a discrepancy in domains: one address is recorded in the document, but the file is located, oddly enough, on another.

Whoever received the permit must conclude contracts with clients. The resource must be recorded as the same one on which the document is published. Otherwise, you face financial losses. Confusion with legal entities and domains often occurs among scammers due to frequent migrations from site to site. Therefore, they noticed the confusion - they refused to cooperate.

4. Island court address By agreeing to cooperate with an offshore organization, the user is aware of the fact that the court is also located on distant islands. Thus, the company is subject to the laws of the jurisdiction in which it was registered. If it did this in Malta, then if there are problems, it makes no sense to go to a Russian court.

In fact, the issue of litigation with an offshore service provider is complicated. In most cases, island companies are ordinary scammers without real registration and other documents. And in all other cases: getting from Russia to the islands is an undertaking more expensive than the lost funds. It is always worth thinking twice before starting to use services in an offshore organization.

5. Unclear fees Little-known brokers and projects attract clients by stating “low fees” on their website. And in the agreement, they record something like “The client is obliged to pay all amounts payable, including fees.” However, fees must be expressed as specific amounts or percentages and recorded in the documents. Reliable brokers and investment projects earn money through fees, so they clearly indicate the cost of their services. The former charge a percentage of turnover and fees for transactions with contracts, and the latter also fix the payment scheme for the account manager. If the company does not indicate fees, this is a clear “stop” signal for starting cooperation.

6. No guarantees regarding the terminal Another common situation: the broker “does not provide any explicit or implied guarantees regarding the trading platform.” It does not promise continuous access, quality and functionality, absence of software errors, etc.

This can only be perceived in such a way that one day the client will try to enter the terminal, but will not be able to. Transactions will be opened and closed at non-existent quotes, but no one will be to blame. Profit will not be counted “due to bugs”. The broker is obliged to guarantee continuous access to the terminal and vouch for the quality of its work.

7. Disclaimer of responsibility for everything This is the standard wording “The company is not responsible for…” and then there is a long list of “for what” separated by commas. The client is responsible for his own trading decisions and possible losses - this is true. However, losses from the recommendations of an official are another matter.

You cannot agree that the analyst is not responsible for his advice. You cannot relieve the capital manager of responsibility for the safety of funds. In a company/client relationship, everyone should be on equal terms: mutually responsible and informed.

8. Paying taxes and duties through a company Offshore companies often declare: “The client agrees to pay all additional costs, including taxes, duties, etc., which are paid through the company.” This is a loud signal that the company is engaged in fraud. Russian stockbrokers can indeed withhold amounts to pay taxes, according to the legislative framework. Duties - no, because this is the responsibility of customs brokers. In the case of cooperation with an offshore organization, it is assumed that the Russian applies to the tax service cash desk. An island service provider cannot collect taxes - he can only cheat money.

9. Ban without investigation Often, the following clauses are found in agreements: “The company has the right to suspend the client’s service at any time for any valid reason (notifying the client is not required)” and “The company has the right to close the client’s account at any time in accordance with the terms of this agreement.” As a rule, “valid reasons” and “conditions” for a ban are hushed up. There can be no omissions or “etc.” in the agreement. As a client, you must clearly understand for what actions you can be blocked. “Valid reasons” are a space for scammers to get rid of a client if he a) is annoying, b) has already given his money, c) demands the withdrawal of earnings. Do not agree to gaps in your contract.

10. Bondage of bonuses Brokers attract new clients with bonuses that they offer to use in trading. However, bonuses are dangerous. For example, an excerpt from one of the agreements: “When using bonus funds to make a withdrawal, your trading turnover must be 100,000 USD for every 250 USD used.” This means that without working off 400 times, you can forget about the withdrawal.

Reliable brokers assume a refusal of bonuses, while dubious companies, on the contrary, impose them. The calculation is that during the working off, the client “drains” all the money, deposits a new amount and continues the game of working off for the second time. If you get involved in such a bondage, you can become a beggar.

The listed stop signals are easy to find, even if you read the documents “diagonally”.

What you need to pay attention to in a contract with a broker or investment project

Delve deeper into the content of the agreement after checking the legal address and license of the financial company. Because if the registration certificate and state permit for conducting business are forged, you will waste your time. You can find stop signals and evaluate the terms of cooperation in one go. The main thing to understand is: 1) you are not signing up for deception and 2) the terms of cooperation suit you.

1. Terms If you are checking a broker, focus on the terms of service. It is important to make sure that the promises from the advertisement and the company's main page are duplicated in the agreement.

Note in your mind, or better yet on paper, the key parameters: the number of instruments, commission fees, the speed of execution of transactions, the terms of margin trading, the terms of accrual and withdrawal of funds. Think about money management. If you are checking an investment project, focus on the terms of service. The most important thing is to make sure that the declared profitability and maximum drawdown are recorded in the agreement.

Pay attention to the following key figures: service period, trustee remuneration (fixed % and % for success), other expenses related to trust management. It is important to clearly know the procedure for mutual settlements.

2. Withdrawal procedure The agreement must clearly state the procedure for withdrawing funds. In the case of brokerage services, you need to ensure that the execution period for the withdrawal order is minimal. It is important to record in memory and on a screenshot the possible reasons for refusal to withdraw (so that a new one does not suddenly arise). You already know that in the case of an investment project, you need to know the calculation procedure. Separately, it is necessary to clarify the terms of withdrawal in the situation of early termination of service or partial refund of funds. Perhaps the project applies penalties - awareness is needed.

3. Restrictions on transactions The provision on transaction restrictions applies to services with brokers. The trader needs to make sure that there is no prohibition to close a deal earlier than 5-10 minutes after opening, because it interferes with work.

Limitation of deals can be presented as a ban on scalping. In some cases, it is due to the technical inability of the company to execute a large flow of orders. In other cases, these are whims that cannot be tolerated. For example, during news, you can accidentally press the wrong button.

The maximum duration of a deal should also not be limited. The limit can interfere with the strategy of increasing capital.

4. Orders Another provision that concerns services at brokers. In the agreement, it is necessary to pay attention to pending orders. Each of them must be triggered when the price is touched. If other conditions are fixed, this raises suspicions about the reliability of the service provider. Be careful with the description of orders. Roughly speaking, you must make sure that the theory matches practice.

5. Force Majeure It is important to know what exactly is considered force majeure. Cases when a broker or investment project is no longer responsible for your money should be clearly specified. Their number should be limited, and the cases themselves should be really justified.

If force majeure remains in question or is described vaguely, you can lose your money because someone came up with it. Dishonest companies use this section against their clients.

6. Reasons for blocking an account An important point in the agreement with the broker. All reasons must be carefully studied and compared with your approach to the trading process. The agreement does not allow reasons such as “suspicions of dishonest trading” and “opening too many deals”. Such phrases provide space for unfounded blocking.

Investment projects also define the reasons for blocking. As a rule, it is about violation of referral programs or fraudulent actions. Situations must be designated.

Separately, it is necessary to focus on the procedure for returning funds in case of a ban. The withdrawal must be described step by step.

Important! Each agreement always has a line stating that changes can be made to the document. The company must report any corrective changes: in the news section on its website or in an email to its clients.

If you sign an agreement online, do not spare a couple of seconds to save the document to your computer. One day, this simple action can help out in a controversial situation.

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