Finiens Wealth Management
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Terms & conditions




Mandate:

The subject of the mandate is the trading of securities carried out by the Contractor (investment management company) on behalf of the Client (investor). The Contractor is thereby free to make decisions as he sees fit within the context of the forms of investment selected by the Client and the written supplementary agreement. All decisions are made by the Contractor to the best of its knowledge and with the exclusive goal of managing and of multiplying the Client’s investment within the context of the form of investment selected by the Client. However, the Contractor must at no time consult the Client with regard to its purchase or sale decisions, nor must it announce same to the Client or justify them at a later time. There is no further obligation to a certain degree of investment.

Bank:

The investment shall be managed via an instant access savings account or an account that serves exclusively as a clearing account, as well as a securities portfolio at a suitable bank domiciled in Switzerland. Both accounts shall be set up by the Client exclusively for this purpose and shall be held in his name. The mixing of the Client’s capital with the capital of the investment management company or the capital of other Clients is thus impossible. The investment management company operates completely independently of specific banks. A change of bank or parallel co-operation with several banks is possible.
Account/portfolio authority:

The Client grants authority to the Contractor, with which the Contractor is authorised in particular to buy or resell the securities concerned and to receive and acknowledge all correspondence as well as statements of account, account balances, lists of securities, portfolios and yields as well as the closing tax accounts. However, the Contractor is neither entitled to delegate authority nor to conclude or amend loan agreements. The authority can be rescinded by the account holder at any time without giving any reason.

 Choice of the form of investment / supplementary agreements:

The Contractor offers investment profiles with different risk levels. Taking into account the respectively required minimum sums and depending on his personal investment goals and readiness to take risks, the Client then initially chooses one or more of these investment profiles. All profits, losses, interest gains, dividends, interest on credit balances, expenses and bank charges are then managed directly on the individual portfolios. The rate of interest on credit balances and bank charges etc. are determined by the current conditions of the chosen bank.

Furthermore, additional agreements can be reached between the Contractor and the Client within the individual investment profiles, for example with regard to the investment strategy to be chosen. These shall be fixed in writing as a supplementary agreement when issuing the mandate.

It is assumed that lower-risk investments can be mixed into the portfolio without consultation.

Futures trading capability:

If the trading of equity warrants is also to be a subject of the mandate, then the futures trading capability of both the Client and the Contractor must be submitted to the bank. The necessary clarification regarding loss risks in conjunction with the trading of equity warrants and of futures on the stock exchange shall always be carried out by the bank.

Starting capital, commencement of the investment management:

The investment management commences as soon as the mandate for investment management has been accepted by the Contractor and after all conditions for the commencement of the investment management have been fulfilled, i.e. in particular the accounts/portfolios have been set up, authorities have been granted, the futures trading capability (if necessary) for both the Client and the Contractor have been submitted, and after money has been paid into the Client’s instant access savings account.

Fees:

Investment management fee

For each investment profile the Contractor charges a fee, individually agreed with the Client, for its services as an investment manager.


Bank charges, external expenses, interest, dividends:

All fees charged directly by the banks, such as account maintenance charges, portfolio fees, cancellation fees, clearing fees, limit fees, bank commissions for the purchase and sale of securities as well as all external expenses charged by the bank, such as broker’s fees, shall always be debited to the Client’s instant access savings account.

8) Bank reports, quarterly reports, deadlines:

All reports, order confirmations, invoices and account statements shall be sent by the bank directly to the investment management company on request. The Client shall receive from the Contractor a written investment report (quarterly report), from which the current value of his managed investment can be taken. The deadlines on which the quarterly reports are to be prepared are in each case the last working day of the months of March, June, September and December. The bases of the account are the respective current cash prices of the securities on the deadline date.

Reinvestment of profits:

All profits, interest and dividends are available for reinvestment into the corresponding forms of investment.

Authorisation for the execution of the Client’s own transactions:

All transactions concerning the instant access savings account and securities portfolio may be executed exclusively by the Contractor. If the client should also wish to execute security transactions himself, then this must take place on a separate account/portfolio. A breach of this rule shall entitle the Contractor to terminate this management mandate without notice.

Increase of the capital investment:

The Client can increase the capital investments of his portfolio at any time by transferring the amount to the portfolio concerned and immediately informing the investment management company thereof. The deposits must total at least 1000 CHF or a multiple thereof. If nothing to the contrary is agreed upon in writing, it is tacitly assumed that the additional amount is to be used in the same way by the investment management company as the previous payments made into this portfolio.

Withdrawals:

In order to exclude any abuse, a reference bank account (usually the Client’s account) shall be specified for each portfolio. Withdrawals of capital can then be made exclusively into this reference account.

A withdrawal of capital, separately for each existing form of investment, is possible at any time, provided the investment does not fall below the minimum. As a matter of principle the Contractor should be informed at the earliest possible date about the time and amount of a planned withdrawal of capital in order to be able to co-ordinate its approach thereto.

Termination:

This agreement can be terminated by the Client at any time without giving notice or on a certain date without giving a reason. In the case of termination without notice the account authority expires immediately, i.e. the Contractor shall neither start nor cancel any further security transactions; the Client must then take care of his account/portfolio himself. In particular, the account holder must pay attention himself to existing purchase or sales orders as well as to existing portfolio investments. A share of profits becomes due if a new highest level of the portfolio has been reached at the time the termination takes effect.

The Contractor can terminate this agreement by giving four weeks’ notice to the end of a quarter. Terminations without notice are possible only in the case of behaviour contrary to the contract on the part of the Client.

Loss risks, liability, guarantee:

All investment strategies offered by Finiens Wealth Management AG are dynamic. Due to the large dispersion and the investment instruments employed, it must nevertheless be accepted that there will be fluctuations in the development of the portfolio. Since the investment strategies or investment instruments offered are all forms of investment, although with various levels of risk, a larger loss can occur at any time, in the worse case even up to a total loss of the capital invested.

The Client must be willing and economically able to bear possible losses himself.

In no case shall the investment management company be liable for damages or losses arising from its service, with the exception of deliberate action and gross negligence. The Client is granted the right to object to accounts and quarterly reports within 30 days.

Validity:

If individual provisions of this agreement should prove to be ineffective, then the effectiveness of the agreement in all other respects is not affected thereby. All deviating or additional agreements must be in writing.
Terms & conditions