RE: Share platform11 Jun 2024 10:02
The USA and UK platfom system I have investigated. The summary, if you fear a modest or major system collapse, get your money out of shares being held via platforms. Iinstead use a broker that will make the share purchase on your behalf and advise you of the share certificate details. Brokers who do this have significantly higher charges than the various platforms.
The chain of custody for platforms is deliberately long and obtuse, with simple vouchers being held, once away from the first, or sometimes seconds step. Legal liability to elements of this chain is limited not to absolute loss but loss as a result of a failure to safeguard or improper behaviour.
To understand how this will not transmit your loss to the source of liability, one needs to understand the nature of the chain. Major original holders of shares have independent subsidiaries, with carefully constructed legal frameworks, that offer very limited liability. These are not in place in the custody chain adjacent to themselves but at a 4th position or a point distant from themselves.
Say you have "purchased" shares in company A and the chain of custody is short, say only 6 different exchange houses. Say there is a collapse in the market and many share prices drop. This results in the opaque entity which is in position 3 in the chain becoming insolvent.
You feel content, although there has been a general market collapse, company A shares have been less seriously affected and have lost only 20% of their value.
Your platform then advise that your holding is lost and of no value. They are No 6 in the chain and they have been advised by Nos 4 & 5 that you holding is lost because 3 became insolvent.
Your claim for liability is with the platform you dealt with, No 6. To defend their liability for the loss you have suffered they simply have to prove that they have acted properly in all matters. Did they do due diligence according to accepted industry standards, did they hold all the correct certificates and recent tests of authenticity and verification? Oh yes, No 6 will have all that with No 5 and No 5 will have all that with No 4.
So who is going to pursue your loss, because certainly Nos, 6, 5 & 4 have suffered no loss as a result of the collapse of No 3, they have simply written off their liability for their holdings against yourself? Yes, look in the mirror, there is the only individual interested in holding anyone to account for this state of affairs, and to do that you will be seeking details and records from opaque entities for whom your loss is irrelevant to them and assisting you with details of records and transactions is in fact a financial burden. They will not co-operate voluntarily. You may well be able to legally enforce co-operation but that requires that only a single element in a long chain has become insolvent and has lost its records & will be prohibitively costly to yourself.