Would you sign to these terms with a prime broker (PM) or FCM? They are meant for a "professional" client: The wording doesn't look too good, but I suspect that such terms are the industry standard and there is no better choice if trading futures.
I don't understand the language at all. What company is this and what is their role. Prime Broker, Hedge Fund, prop firm, FCM or just a trading group(Non-BD)?
I should've mentioned it's an European entity, a prime broker named Ex Ante Limited. Perhaps put in US terms, a customer grants a lien to the deposit for the Prime Broker. It seems similar to these terms from Interactive Brokers Clearing Agreement: I wonder if there are any futures brokers (or rather FCMs behind them) available who don't appropriate customer deposit as their money (through lien, title transfer etc.).
The 1st agreement seems weird. The IB agreement sounds like it is just saying you are responsible for losses beyond the account. You can set up an account with an entity to protect your assets outside the entity. I would not sign the 1st one.
ah, I didn't think about that one. Usually it is to protect your trading account from somebody who sues you. I guess after eur/chf it is to protect your personal savings from your trading account.