- Terms of use
We ask you to read these terms of use carefully. By accessing this website (www.forminvest.com) and the associated pages and content, the user declares that the user has read, understood and accepted the following terms and conditions and the corresponding disclaimers as well as all material contained therein.
Copyright
Unless otherwise stated, the entire content of the website is protected by copyright. The owner of all rights is FormInvest AG. The material contained on the website is freely accessible for consultation purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of FormInvest AG. Any reproduction of the material contained on the website is permitted only with the express consent of FormInvest AG.
Ownership of the website and trademarks
Nothing created for the website implies the grant of any implied license or right to use any image, trademark, service identity mark or logo. Downloading or copying material from the Website does not grant any right to the material in question. FormInvest AG reserves all rights with respect to all material on the Website arising from copyright and trademark ownership.
No offer
FormInvest AG is authorized by the Swiss Financial Market Supervisory Authority (FINMA) and supervised by FINcontrol AG. FormInvest AG conducts its financial activities in Switzerland and holds all necessary licenses there. The content of this website is for information purposes only. The information contained herein is reliable and objective but does not constitute an offer or recommendation to invest in the products of FormInvest AG or to use its services. None of the information contained on the website in any way constitutes a financial advice. The information contained on the website is also not intended to be offered or used in any other jurisdiction where such offer is not permitted under local law and/or requires authorization by FormInvest AG.
No guarantee – warning
The views expressed on the website are those of FormInvest AG and have been formulated by the company with the greatest care and to the best of its knowledge and belief. Although FormInvest AG has made all reasonable efforts to ensure the credibility of the information contained on the website at the time of its publication, neither FormInvest AG nor its business partners offer any express or implied warranty (including liability) as to the accuracy, credibility or completeness of the information. The contents of the website are subject to change at any time without notice. Furthermore, in no case will FormInvest AG be liable for direct or indirect damage of any kind resulting from access to, inability to access or use of the website or any material contained therein, including, without limitation, negligence.
The information and opinions contained on the website are provided in the broadest sense of the applicable laws without any express or implied warranty of any kind. In particular, the user of the website is advised to verify whether the information contained therein corresponds to his personal circumstances with regard to any applicable legal, regulatory or tax restrictions, if necessary with the assistance of an external advisor or specialist. Furthermore, FormInvest AG disclaims all liability and makes no warranties of any kind, either express or implied, as to the proper functioning of the website or any interruptions or possible errors, or as to the correction of defects or the absence of defects in the website or the server that makes it accessible. Due to the open configuration of the Internet, it is possible for third parties to gain unauthorized access to the company’s IT system and to modify its content. FormInvest AG is not liable for any possible unauthorized access to the “Content Management System” (CMS) platform.
Access and restrictions
The information and services offered and described on this website are not intended for distribution to or use by any natural person or legal entity in any country or jurisdiction where such dissemination or use would violate applicable local laws or regulations or would create a registration requirement for any Fund displayed on this website in that country or jurisdiction. Natural persons and legal entities subject to such prohibitions are not permitted to visit or use this website. This website is reserved exclusively for non-US persons and is not permitted to be accessed by citizens or residents of the United States. In particular, the information contained on this website may not be distributed and/or redistributed to any person who is a US person as defined in Regulation S of the US Securities Act of 1933.
Severability clause
If any provision of the aforementioned Terms and Conditions of Use, distribution restrictions and legal notices should be invalid, this shall not affect the validity of the other provisions.
Dormant Accounts
FormInvest AG is obliged to ensure that contact between the client and the asset manager is maintained or restored. To ensure that assets on the part of clients or their heirs are not completely forgotten, FormInvest AG relies on the assistance of its clients. Please inform FormInvest AG if the address used by the customer is no longer correct. Inform FormInvest AG if you are going to be away for an extended period of time and if your mail is to be delivered to a third party. One way of avoiding a lack of news is to inform a trusted person about your customer relationship. However, FormInvest AG can only provide such a person with information if you have authorized it to do so in writing.
Dormancy of accounts is defined as (article 45 of the Banking Ordinance):
1 Assets are considered dormant if the bank or person under article 1b of the Banking Act has been unable to make contact for 10 years following the last contact with the bank customer or their heirs (beneficiaries) or one of their authorised agents.
2 The last contact is considered to be the last contact shown in the records of the bank or person under article 1b of the Banking Act4.
3 Assets which are transferred to another bank or person under article 1b of the Banking Act owing to the liquidation of the transferring bank or person under article 1b of the Banking Act are considered dormant before 10 years have expired if the transferring bank provides evidence that it has taken all necessary steps to restore contact with the beneficiary.
Privacy policy
1. Privacy policy
This privacy policy is to inform you about how we process your personal data. We process your personal data when you visit our website or use our apps, enter into a customer relationship or other type of contractual relationship with us and/or purchase services and products from or apply to work for us or otherwise deal with us.
We will inform you in good time about additional processing activities not mentioned in this data protection declaration.
The processing of your personal data is subject to the Swiss Data Protection Act and, where applicable, the EU General Data Protection Regulation (“GDPR”).
2. Our company
The company listed below is responsible for your data processing, unless otherwise communicated:
FormInvest AG
Seebacherstrasse 96
CH-8052 Zurich
If you have any concerns about data protection or wish to exercise your rights, please contact the office listed below:
FormInvest AG
Seebacherstrasse 96
CH-8052 Zürich
3. Processing of personal data
Personal data[1] means all information relating to an identified or identifiable natural person. Data processing” means any handling of personal data, in particular the acquisition, storage, use, modification, disclosure, archiving, deletion or destruction of data.
When processing personal data, we observe the principles of data protection law. Where necessary, we process personal data only with your prior consent.
We process personal data that we receive from you or from third parties. Where permitted and appropriate, we then obtain personal data ourselves, e.g. from publicly accessible sources such as the internet, newspapers and reports.
If you provide us with personal data of other persons, you must be authorised to do so, e.g. by obtaining permission from the data subject. The data must then be correct. Please also ensure that they have read and understood this privacy policy.
[1] The terms personal data, personal information and data are used interchangeably in this privacy statement.
4. Data processing
Visitors to our Website
We process personal data when you visit our website www.forminvest.com
In particular, we process the following data:
- Technical data, such as the IP address, browser used, operating system, cookies, Minutes etc.
- Data in connection with the sending of mailings and newsletters
Further information on visiting our website and the associated data processing is set out below in section 11.
Customers
We process personal data that we receive during (initiating) a client relationship. We receive the data directly from you while providing our services in asset management and investment advice or partly through third parties, such as banks, asset managers, auditors or obtain them ourselves.
In particular, we process the following data:
- Master data (e.g. name, address, email address, telephone number, date of birth, gender, nationality, social media profiles, copies of IDs)
- Contractual data, i.e. the data we need to process the contractual relationship with you (e.g. type of contract, services, financial data, etc.).
- Data that we need to fulfil our due diligence investigations, e.g. data for identification or background checks
- Data on your preferences, e.g. based on the products and services you request
- Financial information
- Communication data
In the application procedure
As a matter of principle, we process the data that we receive from you or from third parties in the context of your application or obtain ourselves.
In particular, we process the following personal data:
- Master data (e.g. name, address, email address, telephone number, date of birth, gender, nationality, social media profiles, copies of IDs)
- Communication data
- Data from your CV
- Data from your references
- Information from reference persons
- Extract from the criminal record, extract from the debt collection register or other government information, confirmations, etc.
- Data that we obtain in the context of further clarifications (e.g. creditworthiness information, personal data in media reports, etc.).
It is possible that sensitive personal data will be processed. If your consent is required for this, we will inform you separately.
Business partners & other third parties
We process personal data that we receive as part of the (initiation of the) business relationship with you or with a business partner or in another context. We receive the data directly from you, from third parties or obtain it ourselves.
In particular, we process the following data:
- Master data (e.g. name, address, email address, telephone number, date of birth, gender, nationality, social media profiles, copies of IDs)
- Contractual data, i.e. the data we need to process the contractual relationship with you (e.g. type of contract, services, financial data, etc.).
- Communication data
- Data that we obtain in the context of further clarifications (e.g. creditworthiness information, personal data in media reports, etc.).
5. Purpose of processing
The purpose of processing, i.e. the way we process your personal data, depends on how you deal with us.
We process your data in particular for the following purposes:
We process data for the recording, administration and processing of customer, contractual and employment relationships, i.e. e.g.
- Provision of our services/ offer of our products to you
- Fulfilment of contractual obligations
- When you apply for a job with us
- Fulfilment of our due diligence obligations, e.g. within the scope of “Know Your Customer” clarifications or in supply chain management
- Further development of services and products
- Marketing including the organisation of events
- Market and opinion research, statistical surveys, testing and optimisation of procedures for needs analysis for the purpose of direct customer contact as well as collection of personal data from publicly accessible sources for the purpose of customer acquisition
- Sending publications, information on events and newsletter
- Media monitoring
- Assertion of legal and other claims and defence in connection with legal disputes and official proceedings
- Prevention and investigation of criminal offences and other misconduct incl. conducting investigations
For communication with you i.e. e.g.
- Contact
- Exchange of information and response to requests
- Relationship management
- Assertion of your rights
Communication can take place using all common means of communication, e.g. by letter, via e-mail, via an app, by telephone, via social media, via chat, via forms n our website, etc.
In connection with ensuring “compliance”, i.e. if laws and regulations, orders/ recommendations etc. from authorities, internal regulations etc. must be complied with or within the scope of the due diligence clarifications carried out by us.
For other purposes such as safeguarding our legitimate interests and our rights. to ensure the functioning of our business (incl. accounting, risk management, granting signatory powers, in the context of M&A transactions, to ensure operational security and to clarify facts/misconduct, for training and educational purposes etc.
6. Data transfer and data transmission abroad
We may share data with third-party recipients where necessary based on your consent or if they need your data to fulfil our contractual and legal obligations or to carry out their respective tasks. We may share your data to protect our legitimate interests.
In particular, recipients listed below may receive your data:
- Third parties such as consultants, marketing companies, translation agencies or providers of IT services who process your data as well as other external service providers such as banks, asset managers, insurance companies, auditors, associations
- Our contractual partners incl. our customers, i.e. possibly your employer
- Public bodies and authorities (e.g. FINMA, tax authorities) in the event of a legal or supervisory obligation or quality controls
- Third parties who have access to the personal data processed in the course of visiting our website
- Other third parties, such as alternative delivery addresses, recipients of payments and services, third parties in the context of M&A transactions, lawyers, industry organisations, etc.
7. Information, correction, cancellation, and restriction
You have the right to request information about which of your data we process. You can also request that your personal data be corrected, blocked or deleted.
In addition, you have the option of receiving certain personal data relating to you in a structured, common and machine-readable format and transmitting it yourself or through us to another person responsible.
If our data processing is based on your consent, you have the right to revoke this consent.
Finally, you have the right to assert your claims through legal channels and/or to file a complaint with the competent authority. Such an authority may be based in Switzerland or abroad.
For the rights asserted, please contact the specialist office listed under point 2 in writing. Please note that under certain circumstances your rights may not be enforceable or may be restricted. Should this be the case, we will inform you accordingly.
8. Duration of the retention of personal data
In principle, personal data is only retained until the purpose of the processing has been achieved; personal data is not deleted if we are obliged to retain it due to a legal or regulatory requirement, orders e.g. from authorities or a contractual agreement.
Likewise, deviating retention obligations are possible insofar as claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or there is an overriding interest on our part in retention (e.g. for evidence and documentation purposes).
9. Data security
In order to ensure the confidentiality, integrity, availability and traceability of the data we store and process, we take extensive technical and organisational security precautions in our area of responsibility, which are regularly reviewed and adapted to technological progress.
In particular, the following measures were taken:
- Access restrictions and controls
- IT network and security solutions
- Encryption of data carriers and transmission
- Directives
- Trainings
- Controls
10. Use of our website
If you visit our website, this generally leads to data processing.
When visiting the website, log files are stored, which contain the following information in particular:
- The name of the retrieved file
- The time (date and time) of your retrieval
- The volume of data transferred
- A message about successful retrieval
- Your web browser, operating system and the requesting domain
- The IP address
This data is evaluated exclusively for the purpose of improving our services and generally does not allow any conclusions to be drawn about your person.
By using our website and any further services based on it, you expressly consent to the associated processing of your personal data.
Data use
We use the information we collect about you to provide the products and services we offer, to answer your questions and to operate and improve our websites and applications. We also use your personal data to provide you with a comprehensive service via our website. For further purposes, please see section 5.
We will not disclose your personal data submitted online to third parties unless it serves one of the purposes listed in section 5 or, where necessary, you have given your express prior consent. Data may be passed on to the recipients listed in section 6.
User profiles
As a matter of principle, we do not create any personal user profiles.
In connection with the retrieval of the information you requested, data is only stored on our servers in anonymised form for the provision of our various services or for evaluation purposes. General information is logged, for example, when which contents from our offer are called up or which pages are visited most frequently.
Use of cookies
We use so-called “cookies”. Cookies are small text files that are sent to your browser by our web server when you visit our website and are stored on your computer for later retrieval. By using our website, you agree to the use of cookies.
The cookies used serve in particular to determine the frequency of use and the number of users of our websites and to continue to identify your computer during a visit to our website when switching from one of our websites to another of our websites and to be able to determine the end of your visit. In this way, we learn which section of our web pages and which other web pages
our users have visited. However, this usage data does not allow any conclusions to be drawn about the user. All of this anonymised usage data is not combined with your personal data and is deleted immediately after the end of the statistical evaluation.
When you visit our website, cookies are permanently stored on your computer. This serves to optimise the user-friendliness and the easy and fast access to the web pages. Most browsers are preset to accept cookies automatically. However, you can deactivate the storage of cookies or set your browser to notify you before cookies are stored.
You can also prevent the installation of cookies by making the appropriate setting in your browser software. However, we would like to point out that in this case you may not be able to use all the functions of our website to their full extent.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website is generally transmitted to a Google server and stored there. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
However, in the event that IP anonymisation is activated on this website, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. We would like to point out that on this website Google Analytics has been extended by the code “gat._anonymizeIp();” to ensure anonymised collection of IP addresses.
On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other
Google data.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website by Google by downloading and installing available browser plug-ins.
As an alternative to this browser plug-in or within browsers on mobile devices, you can prevent the collection by Google Analytics. An opt-out cookie will then be set, which prevents the future collection of your data when visiting this website.
11. Changes
This privacy policy may be amended at any time without prior notice. The version published on our website or sent to you by other means shall apply, insofar as it is more recent. Unless otherwise agreed, the privacy policy does not form part of any contract concluded with you.
Client information
This text applies mutatis mutandis to females and a plural
This information brochure provides you with information about FormInvest AG (hereinafter referred to as «FormInvest» or «Asset Manager»), our measures to avoid assets without contact and dormant assets, the financial services we offer and the associated risks, how we deal with conflicts of interest, compensations and the initiation of mediation proceedings before the Ombudsman’s Office as well as the data protection declaration. The information in this brochure may change from time to time. The current version of this brochure can be accessed at any time at https://www.forminvest.com/disclaimer/
We inform you about the costs and fees of the financial services offered in the respective appendix to our asset management agreement.
For information on the risks generally associated with financial instruments, please refer to the brochure «Risks Involved in Trading Financial Instruments» published by the Swiss Bankers Association. The brochure is available on the internet: www.swissbanking.ch.
This brochure fulfils the information requirements under the Financial Services Act (FinSA) and the Ordinance to the Federal Act on Data Protection (DPO) and is intended to provide you with an overview of the financial services offered by FormInvest and the handling of client data.
Should you require further information, we would be pleased to be at your disposal in a personal meeting.
FormInvest AG
1. Information about FormInvest AG
1.1 General information
Name FormInvest AG
Address Seebacherstrasse 96
ZIP / City 8052 Zürich
Website http://www.forminvest.com
Trade Reg. Nr. CHE-375.012.659
1.2 Field of activity
FormInvest has its registered office and place of business in Zurich. It essentially carries out the following activities:
• Portfolio Management for retail, professional and institutional clients;
• Investment advice for retail, professional and institutional clients;
1.3 Supervisory status and competent authority and supervisory organization
FormInvest holds a license as an asset manager pursuant to Article 17 of the Financial Institutions Act (FinIA). The license was granted by the Swiss Financial Market Supervisory Authority FINMA, Laupenstrasse 27, 3003 Bern. FormInvest is supervised by the supervisory organization FINcontrol.
1.4 Business affiliations
FormInvest has no economic associations with third parties which could lead to a conflict of interest. In particular, FormInvest is neither legally nor economically part of a group or corporate structure, nor does it maintain any significant ties with third parties. As an independent asset manager, FormInvest cooperates with several custodian banks.
2. Dormant assets
Occasionally, contacts with clients are broken off and assets subsequently become dormant. Such assets can be permanently forgotten by the clients and their heirs. The following is recommended to avoid loss of contact or dormant assets:
• Change of address and name: Immediate notification of any change of residence, address or name;
• Special instructions: Information about longer absences and of any redirection of correspondence to a third-party address as well as of how the client can be reached in urgent cases during this time;
• Granting of powers of attorney: An authorized person can be designated whom FormInvest can approach in the event of an interruption of contact;
• Substitute contacts: It may be advisable to provide the contact details of the legal successors and/or other persons who can be contacted by FormInvest in the event of a breakdown or loss of contact in order to (re)establish contact with the client or his legal successors. It is the client’s responsibility to inform FormInvest of any changes in the respective contact details;
• Orientation of trusted persons and testamentary disposition: Another possibility to avoid lack of contact and news is to inform a trusted person about the relationship with the asset manager. However, the asset manager may only provide information to such a trusted person if he or she has been authorized to do so in writing. Furthermore, the assets concerned may be mentioned, for example, in a testamentary disposition.
FormInvest is available for any questions. Further information can also be found in the brochure «Dormant Assets» published by the Swiss Bankers Association. The brochure is available on the Internet under the online link «https://www.swissbanking.ch».
3. Financial services offered by FormInvest
3.1 Portfolio Management
3.1.1 Nature, features and functionalities of the financial service
In asset management, FormInvest manages, in the name, for the account and at the risk of the client, assets which the client has deposited with a custodian bank. FormInvest carries out transactions at his own discretion and without consulting the client. In doing so, FormInvest ensures that the transaction he exe-cutes corresponds to the client’s financial circumstances and investment objectives as well as to the investment objectives agreed with the client and ensures that the structuring of the portfolio is suitable for the client.
3.1.2 Rights and obligations
The client has the right that the assets in his portfolio are managed by the asset manager. In doing so, FormInvest selects the investments within the framework of the considered market offer to be included in the portfolio with due care. FormInvest shall ensure an appropriate distribution of risk to the extent permitted by the investment strategy. It shall regularly monitor the assets under his management and ensure that the investments are in line with the investment strategy agreed on in the investment profile and are suitable for the client.
FormInvest shall regularly inform the client about the asset management agreed on and provided to the client.
Pursuant to Art. 72 FinSA, FormInvest is also obliged to provide the client with a copy of its client file and all documents relating to them at the client’s request. By signing the contract, the client agrees that the disclosure may be made electronically.
3.2 Portfolio-related investment advice
3.2.1 Nature, features and functionalities of the financial service
In providing comprehensive investment advice, FormInvest advises the client on transactions in financial instruments, considering the portfolio. To this end, FormInvest ensures that the recommended transaction corresponds to the financial circumstances and investment objectives as well as the needs of the client or the investment strategy agreed with the client. The client then decides for himself to what extent he wishes to follow the recommendation of FormInvest.
3.2.2 Rights and obligations
In the case of a portfolio-related investment advice, the client has the right to receive personal investment recommendations that are suitable for him. Portfolio-related investment advice is provided regularly in relation to financial instruments available within the scope of the market offer considered. In doing so, FormInvest shall advise the client to the best of its knowledge and belief and with the same diligence that it uses in its own affairs.
Only if ongoing monitoring: FormInvest regularly checks whether the structuring of the portfolio corresponds to the agreed investment strategy. If it is determined that there is a deviation from the agreed percentage structuring, FormInvest recommends a corrective measure to the client.
Only in the absence of power of attorney: FormInvest shall inform the client without delay of any significant difficulties that could affect the correct processing of the order. Furthermore, FormInvest shall regularly inform the client about the investment advice agreed upon and provided.
FormInvest shall draw up an advisory record for each advisory meeting. The client may at any time re-quest that a record of one or more specific advisory meetings be provided.
Pursuant to Art. 72 FinSA, FormInvest is also obliged to provide the client with a copy of its client file and all documents relating to it at the client’s request. By signing the contract, the client agrees that the documents may be provided electronically.
3.3 Risks
The following risks may arise in connection with the financial services provided by FormInvest, which are within the client’s sphere of risk and must therefore be borne by the client:
• Risk of the selected investment strategy: The investment strategy selected and agreed upon by the Client may give rise to various risks (cf. below). The client bears these risks in full. A presentation of the risks and a corresponding risk explanation are provided before the investment strategy is agreed on.
• Substance preservation risk or the risk that the financial instruments in the portfolio depreciate: This risk, which can vary depending on the financial instrument, is borne in full by the client. For the risks of the individual financial instruments, please refer to the brochure «Risks Involved in Trading Financial Instruments» of the Swiss Bankers Association.
• Information risk on the part of FormInvest or the client, or the risk that FormInvest or the client has too little information to make an informed investment decision:
o In the case of portfolio management, FormInvest will take into account the client’s financial circumstances and investment objectives. If the client provides FormInvest with insufficient or inaccurate information regarding his financial circumstances and/or in-vestment objectives, there is a risk that FormInvest will not be able to make investment decisions that are suitable for the client.
o In the case of portfolio-related investment advice, the client makes the investment decisions, even if FormInvest takes the portfolio into account in the portfolio-related investment advice. Accordingly, the client requires expertise to understand the financial instruments. Thus, investment advice creates the risk for the client that he will not follow investment recommendations that are suitable for him due to a lack of or inadequate financial knowledge.
• Risk as a qualified investor in collective investment schemes: Clients who make use of asset management or investment advisory services within the framework of a permanent portfolio management or investment advice relationship are considered as qualified investors within the meaning of the Collective Investment Schemes Act (CISA). Qualified investors have access to forms of collective investment schemes that are exclusively open to them. This status allows a broader range of financial instruments to be taken into account. Collective investment schemes for qualified investors may be exempt from regulatory requirements. Such financial instruments are therefore not or only partially subject to Swiss regulations. This may give rise to risks, in particular with regard to liquidity, investment strategy or transparency. Detailed information on the risk profile of a particular collective investment scheme can be found in the constituent documents of the financial instrument and, where applicable, in the basic information sheet and the prospectus.
• Cluster risk or concentration risk refers to the risk of a portfolio’s dependence on certain securities, issuers, etc. if these make up a large proportion of the portfolio. In times of a market downturn, such portfolios can suffer greater losses than more diversified portfolios. FormInvest addresses these risks as part of its asset management and portfolio-based investment advice by observing the following thresholds:
o Up to 10% of the portfolio can be invested in individual securities; [1]
o Up to 20% of the portfolio may be invested in products from individual issuers (including, in particular, cash positions with a single bank);[2]
When checking compliance with the thresholds, FormInvest may rely on the information as prepared and provided by the custodian bank(s) of the relevant client relationship.
Concentrations due to collective investment schemes that are subject to regulatory risk diversification requirements are excluded from these thresholds.
The provisions relating to cluster risks also apply in the same way to products of third parties economically associated with FormInvest.
If the above thresholds are exceeded, the same procedure applies as in the event of a breach of the investment guidelines.
In addition to the cluster risks defined under the thresholds, concentrations may also occur in other areas, namely countries and currencies. The extent of these us largely dependent on the client’s individually selected strategy and is considered accordingly.
In the case of investment advisory services, the following additional risks may arise:
• Risk regarding timing when placing orders or the risk that following an advice, the client places a buy or sell order too late, which can lead to price losses: The recommendations made by FormInvest based on the market data available at the time of the advice and are only valid for a short period of time due to the market dependency.
• Risk of insufficient monitoring or the risk that the client does not monitor his portfolio or monitors it insufficiently: Before issuing an investment recommendation, FormInvest checks the composition of the portfolio when providing portfolio-related investment advice. Apart from this, FormInvest is not obliged to monitor the structuring of the portfolio at any time when providing both, portfolio-related investment advice. Inadequate monitoring by the client may give rise to various risks, such as cluster risks.
Furthermore, both portfolio management and investment advice may involve risks that lie within the sphere of risk of FormInvest and for which FormInvest is liable vis-à-vis the client. FormInvest has taken appropriate measures to counter these risks, in particular by observing the principle of good faith and the principle of equal treatment when processing client orders. As far as it is within its sphere of influence FormInvest shall ensure the best possible execution of client orders.
3.4 Market offer taken into account
The market offer taken into account when selecting the financial instruments compromises only third party financial instruments. Within the scope of portfolio management and portfolio-related investment advice, the following financial instruments in particular are available to the client:
• Account balances with domestic and foreign banks
• Money market investments
• Interest-bearing debt securities (bonds, etc.)
• Equity securities (shares, etc.)
• Collective investment instruments (investment funds of all standard banking investment instruments, namely securities, indices, real estate, commodities)
• Alternative investments, non-traditional investments
• Standardized and non-standardized derivative financial instruments
• Precious metals
• Insurance products
FormInvest does not invest in contracts for difference (CFD) and does not engage in securities lending. Any agreements in this regard between the client and the custodian bank are fully outside FormInvest’s responsibility.
No use of derivative and self-managed products:
The FormInvest does not use derivative or self-managed structured products for its clients.
The FormInvest will generally purchase these assets through a bank, stock exchange or broker. However, it may also make the acquisition outside organized markets or multilateral trading systems.
4. Conflicts of Interest
4.1 In general
Conflicts of interest may arise when FormInvest has an interest in the outcome of a financial service provided to clients that is contrary to that of the Clients.
Possible causes of conflicts of interest are namely:
• Financial incentives for FormInvest to carry out certain investment decisions, e.g. compensation from third parties
• The use of FormInvest ‘s own products or those of third parties economically linked to it
• The coincidence of several client orders
• The coincidence of client orders with FormInvest ‘s own transactions or those of his employees.
Within the scope of the services provided to the Client, no conflicts of interest arise for FormInvest which could not be eliminated by countermeasures.
4.2 Compensations from third parties
FormInvest does not accept any compensation from third parties (e.g. brokerage fees, commissions, rebates, kick-backs, finder’s fees, portfolio management commissions or other pecuniary advantages) that are connected to the provision of its financial services. Should it nevertheless exceptionally receive services from third parties within the scope of its activities or on the occasion of the fulfilment of the order, these shall be passed on to the client in full.
However, certain services cannot be disclosed to the Client due to their nature (e.g., training services, market and financial analysis). The client knows these third-party services may lead to potential conflicts of interest by potentially causing FormInvest to select or recommend certain service providers, certain financial instruments or certain categories of financial instruments in order to receive compensation from third parties or to increase the amount of such compensation.
5. Ombudsman’s offices
In the event of disputes, the client may initiate a mediation procedure before the following ombudsman’s office:
Name Financial Services Ombudsman (FINSOM)
Address Avenue de la Gare 66
ZIP / City CH-1920 Martigny
Phone +41 27 552 04 24
E-Mail info@finsom.ch
Website finsom.ch
6. Data Protection
Information on data protection can be found in our data protection declaration, which can be viewed at https://www.forminvest.com/disclaimer/
Subject to change
FormInvest AG expressly reserves the right to change information on its web pages at any time without prior notice.
Status: August 28, 2025
[1] Investments in specific commodities
(e.g. gold) or direct investments in various properties are also categorised as
individual securities.
[2] In the case of collective investment schemes
and comparable foreign products, there is no issuer risk due to the independence
of the assets, therefore this threshold is not applied to these products.