▬Borrowed Stake Open the partner account
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Borrowed Stake / The rule
The clause itself

Two obligations, one about the money and one about the lender

The funding requirement is short and it is doing more work than any other clause in the account terms. It is what makes a bonus condition enforceable, what gives an affordability check something to measure, and what keeps a gambling company out of the business of lending. This page reads it as a piece of drafting and separates what it requires from what it prohibits.

crClear: the money is the player’s owndrDisguised: borrowed, under another labeldrCredit proper: owed from the day it moves
Direct answerThe clause requires two things. First, that a deposit be made from funds belonging to the account holder, through an instrument in their own name, so the money risked is money the holder owns. Second, and separately, that the operator neither extends credit for gambling nor accepts a deposit funded by a credit facility. The first is an obligation on the player; the second is an obligation on the company, and it is the one that turns a private source of borrowing into a regulatory breach.
Player: own funds, own nameOperator: may not lendRail: is not the funding sourceBreach: the deposit unwinds

The four things the clause actually creates

A

ownership The money is the holder’s. Not merely in the holder’s account - belonging to the holder. A card in the player’s name with an outstanding balance that the player is servicing is the awkward case the drafting exists for, and it is why the classification of the card matters rather than the name printed on it.

B

no extension The company may not be the lender. Offering credit for gambling, letting a customer bet on account, or accepting a deposit funded by a credit facility are prohibited in most licensed markets. This is a duty on the operator, enforced by the licence, and it applies whatever the customer would prefer.

C

source, not label The funding source is what counts. The prohibition attaches to where the money came from, not to the name of the button that moved it. That is why a wallet funded by a card is a live problem even though the casino’s own statement shows a wallet - the desk’s loop page is the practical half of this clause.

D

remedy What follows a breach. The terms normally allow the deposit to be returned and anything built on it to be removed, and a deposit accepted in breach of the prohibition is a matter between the operator and its licence as well as between the operator and the customer. The consequences page works the arithmetic.

Why there are two obligations rather than one

Because they fail differently, and because a rule aimed only at the player would be unenforceable in the case that matters most. A player funded by a payday loan has broken the funding requirement; an operator that takes the deposit in the full knowledge of what it is has broken the prohibition, and it is the operator’s obligation that carries the licence consequence. Put the duty in one place and the enforced party is the reader; put it in both and the company has an incentive to build the checks that catch the disguised routes in the first place.

The distinction is worth holding on to when reading the two pages that follow, because they are often confused. The ban page is about the operator’s duty not to accept; the cost page is about the player’s position after the money has moved. A reader who has funded a stake from a credit line has not broken a licensing rule; the operator that should have caught it has.

Worked example - the same 100.00, two funding sources (illustrative) Deposit of 100.00 into one account, twice, from two instruments in the same name. Route A: a current-account debit card, balance 340.00, no borrowing. At the moment of the deposit the 100.00 is the holder's. Cost of funding beyond the deposit: 0.00. Route B: a card with a 1,500.00 credit limit, 480.00 already drawn, 24.9% APR, classified as a cash advance so interest runs from the day of the transaction with no interest-free period. Interest after 30 days on route B: 100.00 x 0.249 x 30 / 365 = 2.05 Interest after 90 days: 100.00 x 0.249 x 90 / 365 = 6.14 So the two deposits produce the same 100.00 balance and a different position: route A has spent 100.00, route B owes 100.00 plus interest that accrues whether the stake wins or loses. The point of the clause is that the operator is only entitled to be paid in route A money. The point of the arithmetic is that route B money is not cheaper - it is the same stake with a second, certain cost attached to it.

Reading the clause in your own terms

  1. Find the funding words. Search the terms for own name, own funds, payment instrument, third party and credit. The obligations in this desk are almost always present, usually within one screen of each other.
  2. Check what the operator promises not to accept. A clause stating that the operator will not accept deposits funded by a credit facility is the licensing duty written into the contract, and its presence is a useful signal about how the account is designed.
  3. Check whether a credit balance is possible at all. An account that can carry a credit balance, a settlement date or an outstanding amount is a credit facility, whatever it is called - the credit account page sets out how to tell.
  4. Check the remedy. The clause that deals with a breach is where the deposit is unwound, and knowing its shape in advance is the only preparation available.
One point this page will not soften. Depositing money that is not yours - a partner’s card, a lender’s facility, a wallet in someone else’s name - is not a paperwork problem and it is not a route to a bigger balance. It exposes the whole account to being unwound, it engages the prohibition above, and where the instrument belongs to another person it engages the identity rules as well. The honest cases on this desk are the ones where the money genuinely was the reader’s and the route needs explaining, and the honest route is to explain it with evidence rather than to substitute a source.