FinSA Art. 5 - Opting out and opting in

Einleitung zur Rechtsnorm FinSA:

Art. 5 FinSA from 2024

Art. 5 Opting out and opting in

¹ High-net-worth retail clients and private investment structures created for them may declare that they wish to be treated as professional clients (opting out).

² Any person who can credibly declare that they satisfy the criteria under a and b below will be deemed high-net-worth within the meaning of paragraph 1:

a. on the basis of training, education and professional experience or on the basis of comparable experience in the financial sector, they possess the necessary knowledge to understand the risks associated with the investments and have at their disposal assets of at least CHF 500,000; or

b. they have at their disposal assets of at least CHF 2 million.

³ Professional clients within the meaning of Article 4 paragraph 3 letters f and g may declare that they wish to be treated as institutional clients.

⁴ Swiss and foreign collective investment schemes and their management companies which are not already deemed to be institutional clients within the meaning of Article 4 paragraph 3 letter a or c in conjunction with Article 4 paragraph 4 may declare that they wish to be treated as institutional clients.

⁵ Professional clients who are not institutional clients within the meaning of Article 4 paragraph 4 may declare that they wish to be treated as retail clients (opting in).

⁶ Institutional clients may declare that they wish to be treated only as professional clients.

⁷ Before providing any financial services, financial service providers shall inform those of their clients who are not classified as retail clients of the possibility of opting in.

⁸ The declarations in paragraphs 1 to 6 must be made in writing or in another form demonstrable via text.

Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.

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