CFClient Funds Desk Open the partner account
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Client Funds Desk / The condition
How a funds rule is written

The condition in the licence

A funds rule is a sentence in a document, and its shape is what matters: whether it names an account, a duty, a tier or a policy. The four shapes below cover essentially every arrangement in use, and each has its own gap.

Direct answerLicences write the customer-money rule in one of four shapes: a requirement to hold funds in a designated account, a requirement to reconcile and top up that account, a graded protection tier the operator must meet, or a requirement for insurance or a guarantee. Which shape applies decides what happens to a balance in a failure.
The four shapes of a player-funds condition, and the gap each one leaves
Shape of the conditionWhat it requiresThe gap it leaves
Separation onlyCustomer money held in a designated account, used only for customersNo answer to a shortfall: the account can be correct and insufficient
Separation with a dutyThe above, plus a periodic reconciliation and a duty to restore any deficit by a deadlineA gap that opens and is discovered between two checks; the duty is only as good as compliance with it
A graded tierThe operator must meet one of several defined levels - often from a basic separation to a full guaranteeWhatever the tier's own definition omits; the tier is a category, and the operator's actual level must be confirmed
Cover by policy or guaranteeAn insurance policy, bond or guarantee, usually with a stated minimum coverThe cap, the exclusions, and whether the failure that happens is the event the policy defines

Where the condition lives

Three documents, in descending order of authority, and a reader should prefer the highest one available.

  1. The licence register. Where a regime publishes conditions, the entry against an operator is the primary source - the actual wording that binds it, as opposed to a summary of it.
  2. The operator's own terms. Usually a section on how customer funds are held, often naming the account arrangement and stating whether funds are segregated, protected or held on trust. Worth reading for the mechanism words: account, trust, reconciliation, cover.
  3. A published customer-money statement. Some regimes require an operator to publish how it holds customer money, and some require an audit of it. Where one exists it is the most useful document of the three, because it is about money rather than about rules.

Where the three disagree, the register controls the terms, and the statement is evidence about compliance. Where none of the three exists, the answer is that the arrangement is not disclosed - which is itself the answer.

What a licence condition is not

A condition does not pool risk across operators. It does not create a pot that a regulator can draw on. It does not follow the money into a different company, and it does not cover a balance that was never customer money in the first place - which is why the bonus part of a balance is usually excluded, and why the next page exists.

a graded regime with tiers from basic to full guarantee, and an operator recorded at basic
what the reader holds: a licence, a tier name, and the tier's own published definition
what the reader does not hold: the account arrangement, the reconciliation frequency, the cover
to close the gap: read the register entry, then the terms section, then any published statement
three documents, and the answer is only as good as the highest one you actually read
On naming regimes

This desk does not name authorities, operators, banks, insurers or schemes, and it does not tell a reader where to hold money. Regimes differ in their wording rather than in their categories: essentially every one of them is doing one of the four things in the table above. The useful skill is recognising which shape a clause is, not memorising which country writes which words.

The partner link on this page is a disclosed sponsored link. It asserts nothing about any licence condition, tier or policy, and names no authority.

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Where to go next

Separation · duty Tier · cover Undisclosed