If it fails
A failure is a sequence, not an event. Your balance joins a queue at a specific rung, and where it joined decides almost everything about what comes back - and when.
The sequence, in eight steps
- Deposits and withdrawals stop. Access is usually suspended before anything is announced, because the operator's payment processing stops first.
- The licence is restricted or suspended. The regulator acts separately from the insolvency, and the licence is not the money: a licence suspension tells you nothing about whether the pool is full.
- The insolvency practitioner takes control. Administration, liquidation or whatever the company's own jurisdiction calls it. The practitioner answers to the law and to the creditors, not to the customers.
- The customer records are reconciled. Balances are matched against the money held. This is where the reconciliation that existed (or did not) in the good times decides the answer.
- The shortfall, if any, becomes public. The gap between balances and money held is now a number, and it is usually the first honest statement anyone has made about the pool.
- Claims are invited and ranked. Customers submit claims, the practitioner classifies them, and each claim is assigned a rung.
- Payments are made in the legal order. A protected pool is distributed early; general claims wait for what is left, often after a long realisation of assets.
- One or more dividends, over a period. Payments are typically instalments, and can be a fraction of the claim.
The rung your balance occupies
Insolvency law pays claims in an order, and customer balances do not automatically get their own rung. Where a funds-protection condition applies, that condition is usually expressed as a rung - a specific place in the order, ahead of the general claims. Where no condition applies, the balance takes the rung an ordinary debt takes.
What a failure does not do
- It does not make the balance unpayable. A claim against a failed company is a real claim, and a full pool pays in full. The uncertainty is the pool, not the right.
- It does not make the balance grow. A balance is not a secured loan. No interest is owed because payment was slow.
- It does not make a licence into cover. Supervision and insurance are different mechanisms, run by different bodies, and a licence does not pay anybody.
- It does not happen to a whole market at once. Failures are company failures; operators fail one at a time, which is why an individual operator's own terms matter more than any general impression of an industry.
costs of the insolvency: 500,000; other assets available: 300,000
protected claims are paid from the pool at 3,600,000 / 4,000,000 = 0.90
a 500 protected balance pays 450, before any general dividend
an unprotected 500 balance joins the general claims: what is left after the costs is 300,000
general claims total 4,000,000 + the operator's own 600,000 = 4,600,000
the general dividend on what remains: 0
the same 500, two rungs apart: 450 against 0
The illustrative numbers are round because the point is a rung, not a rate. Two identical balances held by the same failed operator can produce those two outcomes, and nothing about either customer's behaviour made the difference.
What a reader can do before any of this
- Keep a current statement - a dated record of the balance, produced by the operator, before anything is wrong. In an insolvency it is the evidence of the claim.
- Read the clause now, not later. The terms and the licence condition are both public while the operator is solvent and both become hard to find afterwards.
- Do not treat a large balance as a deposit. A balance is a claim; the smaller it is, the less a shortfall costs.
This page is a disclosed sponsored link away from a partner operator. It makes no prediction about any operator's solvency, asserts nothing about any pool, and describes the mechanism in general terms only.
Open the partner accountWhere to go next
- Whose money it is - why the claim is a debt and not a thing.
- What was in flight - the instruments that are not a balance at all.
- The custody check - the five lookups, while everything still works.
The pool The general claim The rung, not the rate