Help with Customer Agreement clauses

Discussion in 'Index Futures' started by RedDuke, Mar 12, 2006.

  1. RedDuke


    I need help with some clauses from customer agreement. I never traded futures before, and want to double check few items that caught my eye, if they are Ok to agree with. I really appreciate help with this.

    Customer further acknowledges that the IB introducing the accounts to FCM (futures commission merchant) is responsible for collecting funds on customer’s behalf and directing the withdrawal of funds from customer’s account in excess of that required to maintain applicable margin requirements. FCM is not responsible for funds until it receives them from customer or IB.
    Does it mean that IB will be allowed to request withdrawals of funds from my account with clearing firm?

    FCM shall not be liable to Customer for the loss of any margin deposits which is the direct or indirect result of the bankruptcy, insolvency, liquation, receivership, custodianships, or assignment for the benefit of any bank, other clearing broker, exchange, clearing organization, or similar entity.
    I guess this means that if the bank or any other place where my funds are located goes bankrupt, they are lost and my clearing broker it free of any obligations to me?

    Customer opens at least 2 account on the books of FCM. One designated Regulated where all transactions as regulated by CFTC will be carried, the other designated Nonregulated where deliveries and/or transactions on foreign exchanges, if any, will be carried. FCM is hereby authorized to transfer funds as it deems necessary between these accounts.
    Why 2 accounts, I only plan to trade stock index futures which are regulated and no physical delivery is required, since they are cash settled?

    Customer hereby authorizes FCM from time to time to lend, separately or together with the property of others, either to itself or to others, any property which FCM may be carrying for the undersigned margin. This authorization shall apply to all accounts carried by FCM for the undersigned and shall remain in full force until written notice of revocation is received by FCM at FCM’s principal office.
    This clause combined with the one above for not being responsible for my funds if lost by other entity worries me a bit. Does it mean I need to get a revocation form and send it to them?