As all deposits lodged with us are held on trust for you in a regulated trust account, in such circumstances those deposits would attract all the legal protections afforded to trust money.
Net unrealised running profits are also held in trust by us (in excess of our regulatory requirements) and would normally be similarly protected for your benefit as beneficial owner. Please see the Margin Trading Product Disclosure Statement (PDS) for further information.
We may appoint a sub-custodian to hold client assets, and we will exercise reasonable skill and care in the selection, appointment and periodic review of sub-custodians. Detailed records of all your assets held by us will be kept at all times to show that your assets are held in custody and in trust on your behalf, for your benefit and are not beneficially owned by either us or any sub-custodian.
Your assets will be registered in the same name as those of other clients and this means that assets will not necessarily be immediately identifiable by way of separate certificates or personal reference within the securities depositary, clearing or settlement system. If we or our third party nominee were to become insolvent there may be delays in identifying individual assets, and possibly an increased risk of loss if there should be a shortfall because additional time will be needed to identify the assets held for specific clients. In addition, in the event of an unreconciled shortfall caused by the default of a custodian, you may share proportionately in that shortfall.