Legal notice

Please read the following important legal notices and the privacy policy carefully. By accessing the websites of Helvetic Trust AG (hereinafter referred to as “Helvetic Trust”), available at www.helvetic-trust.ch (hereinafter referred to as “websites”), you declare that you have understood and agreed to these legal notices as well as the privacy policy.

Risks in trading in financial instruments

Both the Financial Institutions Act (FinIA) and the Financial Services Act (FinSA) have been in force since 1 January 2020. The introduction of the FinIA also subjected independent asset managers to supervision.

The FinSA contains rules of conduct that financial service providers must adhere to for their customers. These include disclosure obligations regarding the risks involved in trading financial instruments.

Helvetic Trust AG meets these disclosure obligations in full and they have been summarised by the ‘SwissBanking’ Swiss Bankers Association in the brochure ‘Risks in trading in financial instruments’.

FINMA independent asset manager licence

Helvetic Trust AG was recognised as an independent asset manager by the Swiss Financial Market Supervisory Authority FINMA in March 2023.

Anyone who works commercially as an asset manager requires a licence from the Swiss Financial Market Supervisory Authority FINMA and must meet a number of financial, personnel and organisational requirements.

FINMA only grants such licences if the legal requirements according to the Financial Institutions Act, the Ordinance on Financial Institutions and the Ordinance on Financial Institutions-FINMA have been met in full.

After a licence has been granted by FINMA, the approved asset managers are checked by a supervisory organisation to ensure continuous compliance with the licensing requirements and rules of conduct.

In the case of Helvetic Trust AG, this supervisory organisation is the Schweizerische Aktiengesellschaft für Aufsicht (Swiss Corporation for Supervision, AOOS).

Ombudsman office

OFS Ombud Finance Switzerland
16 Boulevard des Tranchées
1206 Genf, Schweiz

Access Restrictions / Target Audience

The websites of Helvetic Trust are generally intended for natural and legal persons, as well as partnerships and corporations with residence or registered office in Switzerland. Foreign legal systems may prohibit the publication of or access to the websites of Helvetic Trust. Persons subject to such restrictions are not permitted to access the websites of Helvetic Trust. Such restrictions particularly apply to citizens or residents of the United States of America, the United Kingdom, and Japan. Furthermore, we point out that these persons are not protected by local laws and regulations applicable to them. It is the responsibility of each individual to inform themselves of any applicable restrictions by contacting the appropriate authorities or a qualified advisor.

Qualified Investors

According to Art. 10 para. 3 of the Swiss Federal Act on Collective Investment Schemes (CISA), qualified investors include:

1. Regulated financial intermediaries such as banks, securities dealers, fund management companies, and asset managers of collective investment schemes;
2. Regulated insurance institutions;
3. Public law institutions and pension funds with professional treasury operations;
4. Companies with professional treasury operations;
5. High-net-worth individuals;
6. Investors who have entered into a written discretionary management agreement with a regulated financial intermediary (such as banks, securities dealers, fund management companies, and asset managers of collective investment schemes).

According to Art. 6 para. 2 of the Ordinance on Collective Investment Schemes in conjunction with Art. 10 para. 4 CISA, the following are also considered qualified investors:
Independent asset managers and investors who have entered into a written asset management agreement with them, provided that:

1. The asset manager is subject to the Anti-Money Laundering Act of 10 October 1997 (AMLA) (Art. 2 para. 3 letter e AMLA);
2. The asset manager is subject to the code of conduct of an industry organization that is recognized as a minimum standard by the supervisory authority; and
3. The asset management agreement complies with the recognized guidelines of such an industry organization.

A high-net-worth individual is one who confirms in writing that they directly or indirectly hold financial investments of at least CHF 2 million (net).
Financial investments include, in particular: bank deposits (on demand or term), fiduciary investments, securities (including collective investments and structured products), derivatives, precious metals, and life insurance policies with surrender value.
Not considered as financial investments are, in particular: direct investments in real estate and claims from social security institutions (including assets from the 2nd and 3rd pillars).
The confirmation regarding the available financial investments must be in place at the time of offering or distributing the collective investment.
The existence of the required financial investments must be verified by the promoter or distributor of the collective investment if there are doubts as to whether the conditions for being considered a high-net-worth individual are met.
A written confirmation can be waived if the required financial investments are deposited with the bank or securities dealer offering or distributing the collective investment.
Private investment vehicles established for private individuals may be treated as high-net-worth individuals if they hold financial investments of CHF 2 million net.

Disclaimer

The information provided on the websites of Helvetic Trust is offered “as is” and “as available.” Helvetic Trust makes no warranties regarding uninterrupted or error-free access to its websites, the correction of any errors, or the absence of viruses or other harmful components while using the websites.

To the extent permitted by law, Helvetic Trust disclaims all liability for damages or consequential damages arising from the use of or access to the information provided on the websites or to third-party websites (or from the inability to access or use them). No guarantee or warranty—express or implied—is given regarding the accuracy, reliability, completeness, or correctness of the information presented or the functionalities offered. This disclaimer also applies to damages or consequential damages caused by third parties manipulating the websites.

Risk Disclosure

Users of these websites are urged to read the brochure “Special Risks in Securities Trading” (PDF) for information on risks associated with trading in securities. For a detailed description of risks, please refer to any relevant prospectuses. Investors are reminded that past performance is not a guarantee of future success. Due to possible fluctuations in value, the capital invested may be subject to losses, and investors may not recover their initial investment. Investments in foreign currencies are also subject to currency fluctuations.
In any case, you should not engage in securities transactions without fully understanding the associated risks and without having assessed the financial capacity to bear potential substantial losses. We strongly recommend that you do not make investments without professional advice.

No Solicitation or Offer

The information and opinions published on the websites of Helvetic Trust do not constitute an invitation to make an offer, nor do they constitute a solicitation or offer to buy or sell securities or other investment or financial products, nor should they be understood as a solicitation or offer to carry out any other transactions. They are provided solely for informational purposes. The information and opinions made available on the Helvetic Trust websites are not to be understood as recommendations or decision-making aids for investment or other decisions of the investor and do not have any advisory character. Investors are strongly encouraged to consult their relationship manager, conduct independent inquiries, and seek further information before making any investment decision.

No Orders

Helvetic Trust explicitly states that it is not obliged to accept or execute any orders, cancellations, authorizations for transactions, or other legally binding declarations that may be transmitted via its websites.

External Links

The websites may contain links to other websites that are beyond the control of Helvetic Trust. Helvetic Trust assumes no responsibility for the content of such websites or for the protection of your privacy when visiting them. The use of links to such websites or any other websites is at your own risk.

Taxes

For tax-related regulations applicable at the investor’s tax domicile concerning the holding, purchase, or sale of securities or other investment products and the resulting tax consequences, investors are advised to consult their tax advisor.

Right to Make Changes

All content on the websites may be changed at any time and without prior notice.

Applicable Law and Jurisdiction

Access to and use of the websites, as well as these legal notices, are governed exclusively by substantive Swiss law. The exclusive place of jurisdiction is Zurich, Switzerland.

Personal Data

No personal data is required to use the websites of Helvetic Trust AG (hereinafter referred to as “Helvetic Trust”). The only exception is when contacting Helvetic Trust via the electronic contact form.

Communication via Internet and Email

Helvetic Trust informs users of its websites that using emails and electronic forms entails certain risks. Sending emails to Helvetic Trust is not encrypted, and the same applies to data sent via contact forms. Such electronic transmissions may be viewed or altered by third parties, and Helvetic Trust as the recipient may be identified. Consequently, conclusions could be drawn about the user’s relationship with Helvetic Trust. We strongly recommend not transmitting confidential information such as client data or orders using these media.

Use of Personal Data

We use your personal data exclusively to provide you with information that you have requested or that may be of interest to you. No personal data will be passed on to organizations outside of Helvetic Trust.