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Negative balance protection and what protects client funds

Updated July 9, 2026 · 17 articles

03If something goes wrong: protection and broker verification
This article was not written by a lawyer. The information is drawn from primary sources and double-checked, with links at the end, but a professional looking at your specific situation may say otherwise.
In short
  • NBP: the account doesn't go below zero. It protects against a debt to the broker, not against losing the deposit.
  • NBP is a condition of the specific broker. Whether it's on is shown on the card.
  • South Africa has no state fund for a failed broker: client protection depends primarily on segregation.
  • The Ombud's R3.5 million is a ruling on a complaint, not a payout when the company is empty.

Negative balance protection

A strong gap can jump over the stop-out level, and the position closes with a negative account balance: formally that's the client's debt to the broker. NBP means the broker zeroes out that negative balance at its own expense. In the EU it has been mandatory for retail accounts since the ESMA measures of 2018. Elsewhere it is a condition of the specific broker: at some brokers in the shortlist NBP is on by default, which is shown on the cards. What NBP doesn't do: it doesn't save the deposit inside the account, and trading losses stay yours.

If the broker fails

Some jurisdictions run a state fund that pays clients when a broker collapses: FSCS in the UK covers up to £85,000 per client, ICF in Cyprus up to €20,000. South Africa has no fund of that kind, and neither do the offshore jurisdictions. Client money here rests on the requirement to hold it on bank accounts separate from the company's own money, which the FSCA imposes on the FSPs it authorises. Which entity holds the account therefore decides what the segregation requirement is worth. Details for each jurisdiction: the Regulators page.

The Ombud is not a fund

The FAIS Ombud can award up to R3.5 million, but that is a ruling on a specific complaint about a service that was rendered, and the money is collected from the company. A compensation scheme pays precisely when the company has nothing left to collect from. South Africa has the first and not the second.

Who protects against what

SituationWhat covers it
Trading loss on your own tradesNothing. That's market risk
A negative account balance after a gapNBP, if the broker has it
The broker mishandled a service and you lost moneyA FAIS Ombud ruling, up to R3.5 million
The broker becomes insolventNo state fund in South Africa. Segregation of client money is what stands
Sources
  1. ESMA: measures on CFDs (2018): mandatory NBP for retail accounts in the EU.
  2. FAIS Ombud: compensation limit raised to R3.5 million (complaints received from 1 July 2024).
  3. The site's Regulators page: compensation schemes and limits for each jurisdiction.