Liability clause in Zerodha's agreement
@zerodha: Your "SUPPLEMENTARY AGREEMENT BETWEEN STOCK BROKER & CLIENT" says:
16. Notwithstanding anything contained in these presents, any amounts which are overdue from the client or a member of the client's family towards trading either in the cash, F&O or derivatives segments or on account of any other reason to the Stock Broker or to any of the Stock Broker's group or associate companies will be charged delayed payment charges at the rate of 1.5% per month or such other rate as may be determined by the Stock Broker. The client hereby authorizes the Stock Broker to directly debit the same to the account of the Client at the end of each month. The client also authorizes the Stock Broker to debit charges for depository services to the trading account.
a. The client also agreed that any outstanding amount in his account or his spouse/relative or any company in which he is director or substantial share holder, shall be adjusted by the stock broker out of credit balance/shares or securities in any other aforesaid account.
What exactly is meant by:
- member of the client's family
- Stock Broker's group
- associate companies
- relative
- substantial share holder
- such other rate - how will it be decided? When, how and to whom will it be communicated?
I'm hesitant to sign here because the scope of liability seems to be broad and ill-defined.
I'm not a lawyer but what i understand is this: It's an attempt to avoid the lengthy process of suing defaulters in court by creating the possibility of directly debiting a relative/shareholder's account for the outstanding amount and interest (at a
potentially unspecified rate). If you sign this, you become a guarantor to Zerodha and it's
unspecified group of companies against default by your relatives and companies in which you are a
substantial shareholder. Even if you terminate the agreement, you will continue to be liable for the period that the agreement was in force. You can't sue the defaulting party (relative/company) because you have no agreement with it. The stockbroker has no incentive to go after the real defaulter if there is a guarantor available by virtue of such clauses. They offer incentives for referrals, but if the referred clients are your relatives, you will be acting as guarantors for each other. If one of them defaults in a big way, you may end up losing everything.
@other readers: Do other brokers also have a similar clause in their agreements? I know nobody here can offer legal advice, but an informal discussion on this issue will be helpful for the community.
PS: I had posted this as a separate thread, but it probably didn't catch attention of the Zerodha employees. I'm posting it here with a few refinements. Anyone who can throw more light on this issue is requested to weigh in.