1. Introduction
The Financial Services Act ("FinSA") came into force in Switzerland on 1 January 2020. The FinSA obliges all financial service providers
to provide clients with detailed information on financial services and financial instruments offered. St. Gotthard Wealth Ltd. ("STGW") has
already provided very comprehensive information on STGW when the contract was concluded. We are pleased to comply with the further requirements of the legislator as follows:
2. Name, address, means of communication and authentic language
You can reach STGW at the following contact details:
| Home and postal address: |
St. Gotthard Wealth Ltd. |
| |
Suurstoffi 14
6343 Rotkreuz
Switzerland |
| Telephone number: |
+41 41 544 91 20 |
| E-mail: |
info@stg-wealth.com |
| Website: |
www.stg-wealth.com |
With STGW you can communicate at any time in German or English. The legally binding documents of STGW are always those written in German or English.
STGW will usually communicate with you as a client by telephone, by letter, if necessary, also by e-mail. Orders to execute securities orders will not be accepted by e-mail.
3. Commercial register entry
STGW is in the commercial register registered under the following company number:
CHE-255.944.727
4. Legally authorised representatives of the Institute
Managing directors are:
Christian Tanner (COO)
Daniel Egger (CIO)
Stefan Bollhalder (CEO)
5. Economic link with third parties
The share capital amounts to CHF 1'000'000. 100% of the share capital of STGW is owned by Plutus Holding Ltd. 100% of the share capital of Plutus Holding Ltd. is owned by Yihong Yang. There are no economic ties to other third parties.
6. Supervisory status
As a financial intermediary domiciled in Switzerland, STGW is licensed by the Swiss Financial Market Supervisory Authority FINMA ("FINMA") as a Portfolio Manager and subject to ongoing supervision by the independent Swiss Supervisory Organization FINcontrol Swiss Ltd. ("FINcontrol") FINcontrol is responsible for the supervision of its members in the fight against money laundering and terrorist financing. In its function as an industry organisation for independent portfolio managers FINcontrol supports independent portfolio managers in complying with key asset management principles. STGW will provide clients with an up-to-date confirmation of membership if they so wish.
7. Value added tax number ("VAT-No.")
Our VAT number is: CHE-255.944.727VAT
8. Legal Entity Identifier ("LEI")
Our Legal Entity Identifier ("LEI") is: 5067008Y90MI4N1PUU89
9. Global Intermediary Identification Number ("GIIN")
Our Global Intermediary Identification Number ("GIIN") is: 7I025J.99999.SL.756
STGW is a "Reporting Financial Institution" under Model 2 IGA.
10. Financial service offered
STGW offers asset management and investment advice and the distribution of a fund in which STGW is the investment manager. Other services can include portfolio analyses and investment proposals, capital-protected investment strategies and fund and hedge fund advice.
11. Type and instruction of custody of financial instruments and deposit protecting
STGW does not itself hold any financial instruments or client assets in safe custody. STGW is not entitled to make cash dispositions, deliver securities or other
assets in its own favour or in favour of third parties. For this reason, measures for the separation of client funds are not envisaged. Clients' assets are held in
safe custody at institutions recognized as banks by the Swiss Financial Market Supervisory Authority FINMA ("FINMA") and subject to prudential supervision.
Under Swiss bankruptcy law, deposits with banks and securities dealers up to the amount of CHF 100,000 per person are privileged in the 2nd class. They are settled before most other unsecured claims. This ensures with a probability bordering on certainty that these amounts will also be paid out to clients. In addition, the Swiss banks' and securities dealers' deposit guarantee scheme ensures that these client balances of up to CHF 100,000 are paid out quickly, i.e., no later than 90 days after the bank or securities dealer closes.
A bank cannot offset claims against clients (e.g., mortgage) against their deposits (e.g., savings account). In accordance with the agreement between the Swiss banks and securities dealers on deposit protection, the banks have waived the right to offset against the depositor's debts up to the maximum privileged amount. This waiver is irrevocable and binding on the bank's decision-makers.
Securities (e.g., shares and bonds) are directly segregated by the liquidator as client property, do not fall within the liquidation assets and are therefore directly secured. A similar regulation applies to securities of investment funds. These investments therefore do not require deposit protection.
In the event of a bank's bankruptcy, physical precious metal (precious metals from a safe deposit box or custody account) is handed over immediately, as it has only been kept in safe custody. Credit balances on a metal account, on the other hand, are assigned to the 3rd bankruptcy class.
12. The costs associated with the financial service offered and the purchase, sale and holding of the financial instruments offered
The exact costs can be found in the investment advisory or asset management agreement. It is possible that the client may incur additional costs and taxes as a result of future legal changes arising from investment advice or asset management in connection with the financial instruments and investment services purchased for him/her, which are not included in the investment advice or asset management agreement, and which may be charged to him/her. Payment shall be made by direct debit from the customer's account by means of the direct debit procedure. The customer therefore has the right to object.
The customer's own costs (e.g., for long distance calls, postage, but in particular all costs of the custodian bank) must be borne by the customer.
13. Dispute resolution procedure before an ombudsman's office
Disputes concerning claims of the customer against STGW should be settled by an ombudsman's office, if possible, within the framework of a dispute settlement procedure. The submission of a request for dispute settlement to an ombudsman does not exclude or prevent a civil action. STGW is affiliated with the following ombudsman's office:
| Name: |
FINOS Finanzombudsstelle Schweiz |
| Address: |
Talstrasse 20, 8001 Zurich, Switzerland |
| Phone: |
+41 44 552 08 00 |
| Website: |
www.finos.ch |
| E-mail: |
info@finos.ch |
14. Independent provision of financial services
The advice and management by STGW are not restricted by internal guidelines as is the case with banks. As an independent asset manager, STGW performs the same tasks as banks, but the main difference is that STGW can make independent investment decisions according to its own convictions. This freedom allows STGW to advise the client more individually and to include a wider range of products.
Furthermore, STGW does not accept any benefits (including retrocessions) from banks and third parties in the case of asset management mandates and investment advice, nor does it pass them on to the client.
15. Ongoing assessment of the suitability of financial instruments
In the case of investment advisory and asset management clients, STGW checks in each individual case whether the financial
instrument in question is suitable for the client ("suitability"), i.e., whether it is in line with the risk profile and the
investment strategy before the purchase.
16. Market analysis related to the service
STGW undertakes to select securities with care. Only reliable sources of information are used to select investments and financial instruments.
17. Customer reporting
As an investment advisory or asset management client of STGW, you will receive a statement of assets and liabilities on a regular basis
(monthly, quarterly, semi-annually, or annually) together with a presentation of the absolute performance or a
comparative figure ("relative performance" or "benchmark"). In the case of credit-financed portfolios and portfolios
that provide for the use of leverage products, monthly reporting is planned. In the event of
unexpected substantial losses within a reporting period, STGW will inform the client immediately.
Your investment advisory or asset management contract contains further details in this regard.
18. Conflict of Interest- and Best Execution-Policy
The principles for dealing with conflicts of interest are set out in the Conflict of Interest Policy and those for the execution
principles in the Best Execution Policy. The documents can be provided to clients on request.
19. Absolute performance or comparative figure ("relative performance", "benchmark")
In order to present STGW asset management services in a transparent manner, STGW measures them in terms of absolute performance or a benchmark. Any benchmark depends on the respective investment strategy. Further details are contained in the asset management agreement and the relevant appendices.
20. Investment objectives
STGW will agree with you the investment objectives, the level of risk to be considered in the exercise of the discretion of the Manager and any limitations on that discretion. For individual custody accounts, these objectives will be set out with the client in the investment advisory agreement or in the asset management agreement.
21. Valuation of financial instruments
STGW uses the valuation criteria of the respective custodian bank for the valuation of the financial instruments held in the client portfolio and is limited to the examination of the values delivered. The following must be observed:
- Investment funds are always valued at the surrender values published by the respective fund companies.
- Listed securities are always calculated at the prices of the most liquid market in these securities based on the official closing prices.
- If no stock exchange price is provided for financial instruments, STGW will determine the market value in agreement with the custodian bank, applying general valuation standards.
- Valuations of the financial instruments in the client portfolio are usually carried out on each trading day.
22. Customer classification
The FIDLEG stipulates that financial service providers must classify their customers into one of three customer categories: Institutional clients
(e.g., banks and insurance companies), professional clients (e.g. large companies) and private clients.
Clients who are not institutional clients or professional clients are automatically private clients. Private clients enjoy the highest
level of investor protection.
As we are committed to this goal, we initially classify all clients as private clients. If you believe that you belong to a different client category, please let us know.
23. Information on the investment advisory or asset management agreement
STGW will manage the assets subject to the asset management order for the account of the client, considering the investment principles agreed in writing in each individual case. STGW shall be entitled, at its own discretion, to take all administrative measures it deems appropriate for the Client, for the Client's account. In order to carry out the management, STGW shall be granted a power of attorney by the Client, which enables it to make dispositions of the assets subject to the management of the assets.
24. Reference to risks and price fluctuations of securities
Securities transactions involve special risks due to their specific characteristics or the transactions to be carried out.
In particular, the following risks must be mentioned:
- Price change risk/risk of falling share prices,
- Credit risk (default risk or insolvency risk) of the issuer,
- Total loss risk.
The price of a security is subject to fluctuations on the financial market, over which STGW has no influence.
Therefore, the individual securities transaction cannot be revoked. Income generated in the past and increases in value
achieved in the past are no indicator of future income and/or increases in value.
Detailed information can be found in the brochure "Special Risks in Securities Trading" published by the Swiss Bankers
Association, which is distributed to the client by the custodian bank.
25. Right of termination and revocation
The customer has the right to terminate the contract in accordance with the conditions set out in the contract. The Customer has no right of cancellation regarding any securities transactions carried out within the framework of STGW's asset management.
26. Prices for the services of STGW
The current prices for STGW's services are set out in the Investment Advisory or Asset Management Agreement.
The total fee will be collected by STGW from the Client's account. The collection will take place on the date stipulated in the contract.
27. Reference to taxes to be paid by the customer
STGW does not provide tax advice. If the customer has any questions about taxes, he should contact the tax authority responsible for him or his tax advisor. This applies in particular if he is liable to tax abroad.
Taxes may arise immediately and retroactively on the customer's securities transactions. These are to be borne by the customer himself and will be charged to his account/deposit.
28. Performance of the agreement
STGW fulfils the Asset Management Contract by making dispositions for the Client's custody account and account using the power of attorney granted by the Client. It may place orders with the custodian bank in the name and for the account of the client. In this way, it designs the client's securities account and the assets entrusted to it for management. In addition, STGW sends the client a fee statement on the contractually agreed dates.
STGW begins to fulfil the asset management or investment advisory contract upon receipt of the assets in the account/deposit and only after all the necessary client details for the securities transactions have been provided and/or after the dates and deadlines stipulated in the contract.
29. Legal system / court of jurisdiction
The initiation of the contract is subject to Swiss law. According to the investment advisory or asset management contract, Swiss law applies to the conclusion of the contract and the entire business relationship between the customer and STGW. The place of performance is Zug. The place of jurisdiction for all proceedings is Zug. However, STGW shall also have the right to take legal action against the Customer at the competent court of his place of residence or any other competent court.
Status: March 27th, 2024
(left: Daniel Gerber, right: René Kurmann)
