>Regulations? Presumably customer funds are segregated from company funds, so the company and the clearinghouse can't raid it if they need money.
Okay, and again, if "regulations" are enough for one case, why not the other? If a "regulation" can prevent the clearinghouse from holding on to asset they're not entitled to, why not use that instead of requiring the broker to put up money that will compensate the customer when the CH holds on to an asset they're not entitled to?
>by "seize" I don't mean the clearinghouse can walk into the offices (or bank accounts) of any of their member and grab whatever they want. They're seizing (or more accurately, refusing to return) the deposit that the member sent on the day of trade.
>Okay, and again, if "regulations" are enough for one case, why not the other? If a "regulation" can prevent the clearinghouse from holding on to asset they're not entitled to, why not use that instead of requiring the broker to put up money that will compensate the customer when the CH holds on to an asset they're not entitled to?
But the clearinghouse is entitled to it. The clearinghouse member's collateral is used to make up the difference (the credit risk) should the member fail to pay the required amount on the day of settlement. If you prohibit the clearinghouse from seizing it, then that kills the point of the collateral.
Yes, obviously the CH should seize assets they’re entitled to. I think that you forgot we were talking about the case where they seize money they’re not entitled to. (Which is how we got to talking about the need to protect the client from that, and why the broker has to put up the extra collateral, and how “regulations” stop that money from being misappropriated but somehow not the client funds.)
I think we’re going in circles. And if I may give some unsolicited feedback, if I understood this topic as well as you’re claiming to, I probably would have given answers that avoided reaching that point. If I didn’t, I would have confessed as much, earlier in the thread, once I started giving your answers.
Okay, and again, if "regulations" are enough for one case, why not the other? If a "regulation" can prevent the clearinghouse from holding on to asset they're not entitled to, why not use that instead of requiring the broker to put up money that will compensate the customer when the CH holds on to an asset they're not entitled to?
>by "seize" I don't mean the clearinghouse can walk into the offices (or bank accounts) of any of their member and grab whatever they want. They're seizing (or more accurately, refusing to return) the deposit that the member sent on the day of trade.
Great, that's how I was using it too.