Client Information

The following information serves to fulfill the information obligations of financial service providers towards their customers in accordance with Art. 8 f. of the Financial Services Act (“FinSA“). The information is provided neither for advertising purposes nor does it constitute an offer for financial services or financial instruments.

1.        Approval status

1. Amicum Capital AG (the “Company“) is a financial service provider within the meaning of FinSA with its registered office at Brandschenkestrasse 2, CH-8001 Zurich.
2. The Company is mainly active in the areas of professional asset management and investment advice for individual clients.
3. In accordance with the requirements of the Financial Institutions Act (“FinIA“), the Company applies for admission to the supervisory organization FINcontrol Suisse AG and for a license from the Swiss Financial Market Supervisory Authority FINMA as an asset manager in accordance with Art. 17 Para. 1 FinIA.
4. The Company is under ongoing supervision by FINcontrol Suisse AG, General-Guisan-Strasse 6, CH-6300 Zug as an asset manager in accordance with Art. 17 Para. 1 FinIA.
5. The licensing prudential supervisor authority is the Swiss Financial Market Supervisory Authority FINMA.

2.           Ombudsman’s office

In accordance with Art. 74 et seq. FinSA the Company is affiliated with the Ombudsman association Finanzombudsstelle Schweiz (FINOS), Talstrasse 20, CH-8001 Zurich. In case of disputes with the Company, private clients within the meaning of Art. 4 Para. 2 FinSA and professional clients within the meaning of Art. 5 Para. 1 FinSA can initiate mediation proceedings through such ombudsman’s office.

3.           Management

The Company has three qualified managing directors within the meaning of Art. 20 Para. 1 FinIA.

4.           Business activity of the Company

The business activities of the Company include, in particular, the following areas:

• Asset management for individual clients within the meaning of Art. 3 lit. c no. 3 FinSA;
• Portfolio-related investment advice with power of attorney within the meaning of Art. 3 lit. c no. 3 FinSA;
• Transaction-related investment advice within the meaning of Art. 3 lit. c no. 4 FinSA;
• Portfolio-related investment advice with regard to Actively Managed Certificates (“AMC“) within the meaning of Art. 3 lit. c no. 4 FinSA;
• Acceptance and transmission of orders relating to financial instruments within the meaning of Art. 3 lit. c no. 2 FinSA;
• Offering AMCs managed by the company within the meaning of Art. 19 (3) lit. c FinIA.
• The company provides its financial and investment advisory services based on written contracts concluded with the clients, which contain all information on the characteristics, functioning, rights and obligations of the parties and on the risks of the financial service provided.
• The Company manages – except when otherwise stipulated – Client assets that are deposited in a bank, based on a power of attorney that is limited to administrative acts. The Company enters into a written contract – asset management agreement – with their clients that regulates the duties and competency as well as the rights of the Client.
• The Company provides its services in exchange for a fee. The costs and fees incurred in connection with the services provided by the Company are disclosed to the clients prior to the provision of the services and conclusion of the contract and are regulated in detail in the contracts.

The Company may also provide ancillary services such as portfolio consolidation or monitoring, corporate and individual location and domiciliation, and general wealth, estate and financial planning.

The Company provides its asset management services solely in Switzerland. The privity of contract between the client and the Company is solely subject to Swiss law. The Company assumes that the clients are aware of this upon entering into the business relationship.

The Company neither acts as a counterparty nor as an agent in securities lending transactions. If a Client wishes to participate in securities lending, this is arranged directly and exclusively between the Client and the custodian bank and is governed by a separate agreement entered into between the Client and the custodian bank.

5.           Risks related to financial services and financial instruments

The risks associated with the financial services provided are explained to the clients before the contract is concluded. Clients are requested to carefully read the information provided, in particular the brochure “Risks Involved in Trading Financial Instruments” published by the Swiss Bankers Association (SBA_Risks_Involved_in_Trading_Financial_Instruments_2023_EN.pdf (www.swissbanking.ch)), as may be amended from time to time, and to contact the Company if they have any questions.

6.           Cost information

There are costs and fees incurred in connection with the services provided by the Company. These are disclosed to the clients prior to conclusion of the contract and regulated in detail in the contracts (Please also see No. 8, sec. 1).

7.           Participation in and economic links with third parties

There are no economic ties between the Company and third parties that could lead to a conflict of interest towards clients in connection with the provision of financial services.

8.           Considered market offer and AMC

When providing asset management services, the Company mainly considers financial instruments from third parties, but may also use the AMC it manages in the discretionary asset management, investment advisory and Execution-only mandates. The Company informs the clients about this circumstance. For rendering the investment management services under the AMC, the issuer pays the Company an advisory fee which is in addition to the fee paid by the client to the Company. The Client is aware that the use of self-managed AMC may incur additional costs and administrative fees due to the management on the part of the product.

The fees incurred under the AMC are described in detail in the respective Key Information Document which is made available to the clients prior to investment. Further information on the AMC used, such as details on the asset classes and key positions, historical performance developments as well as costs, is made available to clients on a periodic basis and explained if required.

The portfolios contain structured products / AMC because, from the Company’s perspective, these provide significant advantages over other investment products. The most important advantages include the possibility of diversification and the flexibility in structuring and management.

In the case of the AMC used by the Company, these are generally initiated and structured by the Company itself, which allows the Company to actively implement its respective market expectations for individual asset classes and themes. The Company uses these in client portfolios in a modular way and weighted according to the client-specific risk profile. The AMC managed by the Company and used for clients invest in ETFs, broadly diversified collective investments that are subject to regulatory diversification requirements.

In addition, the range of financial instruments considered in the selection process particularly includes the following third-party financial instruments:

• Equities and exchange-traded funds
• Bonds and convertible bonds
• Non-listed collective investment schemes
• Money market instruments
• Currencies and precious metals
• OTC derivatives
• Structured products

Issuer risk in connection with the AMC managed by the Company is almost entirely eliminated due to the use of collateralization under SIX SIS Framework TCM Security set-up.

9.           Client Segmentation

For the purpose of the Client relationship, the Client will be segmented in accordance with set rules as set out in FinSA. This segment has an influence on the rights of the clients and the duties of the Company under Swiss law. In certain cases, a Client has the possibility to change the segment. In case a Client may want to change his segment, the Company will explain the associated risks and the influence on the future relationship with the Client.

10.        Risks

• Risk of chosen investment strategy: The investment strategy selected and agreed upon by the Client may involve various risks (see below). The Client bears these risks in full. A presentation of the risks along with appropriate risk disclosure is provided to the Client prior to agreeing on the investment strategy.
• Capital preservation risk, i.e. risk that the financial instruments in the portfolio may lose value: This risk, which may vary depending on the financial instrument, is borne entirely by the client. For risks relating to individual financial instruments, reference is made to the brochure “Risks Involved in Trading Financial Instruments” issued by the Swiss Bankers Association (pdf (www.swissbanking.ch)), as may be amended from time to time.
• Risk as a qualified investor in collective investment schemes: Clients who use asset management within the framework of a long-term asset management relationship are deemed qualified investors within the meaning of the Collective Investment Schemes Act. Qualified investors have access to forms of collective investment schemes which are available exclusively to them. This status enables the consideration of a broader range of financial instruments in portfolio construction. 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. Risks may arise in particular in relation to liquidity, investment strategy or transparency. Detailed information on the risk profile of a specific collective investment scheme can be found in the constitutive documents of the financial instrument and, where applicable, in the key information document and the prospectus.
• Concentration and cluster risk: The asset manager selects the individual financial instruments with due care and ensures appropriate risk diversification. Depending on the investment strategy and the amount of assets under management, however, it may occur temporarily or on a permanent basis that individual securities represent more than 10%, or individual issuers account for more than 20%, of the assets under management. The Client acknowledges and accepts this possibility and the associated risks.
• Suitability/appropriateness: It is important that the Company provides services suited to the Client’s entire financial situation. This calls for a full and frank notification of the financial situation. If a Client does not wish to disclose his/her situation in full, the Company will not be able to ensure that the recommended and implemented strategies and individual investments are suited to the client’s entire situation. Diverse risks or a concentration of risks could arise, with regards to unilateral investments, a disproportionate composition as a whole, etc. These risks are neither ascertainable nor manageable for the Company, due to the lack of corresponding information.
• Timing risk in connection with order placement, e. the risk that, following advice, the Client issues a purchase or sale order too late, which may result in losses due to price movements. The recommendations provided by the asset manager are based on the market data available at the time of the advice and, due to their dependence on market conditions, are only valid for a short period of time.
• Specific risks in transaction-related investment advice and Execution-only: Risk of insufficient monitoring, i.e. the risk that the Client does not monitor his/her portfolio or does so inadequately. The asset manager has no obligation at any time to monitor, advise, warn, or provide information with respect to the quality of individual positions and/or the structuring of the portfolio. Insufficient monitoring by the Client may result in various risks, such as concentration risks.
• Specific risks in Execution-only: In the case of Execution-only, there will be neither suitability nor appropriateness checks. The Client is informed about this only once.
• Risk information and information waiver: The Company informs the Client unasked for about the risks associated with the services rendered that go beyond the usual risks associated with acquisition, disposal and holding of financial instruments («particular risks»). This specific information is provided before the rendering of services and covers the following aspects:
  
  –information on the services to be offered;
  – information on the associated risks and costs;
  – information on the market offer taken into consideration when offering financial instruments;
  – information on possible additional costs; and
  – diversification, cluster and concentration risk
  
  

If the Client does not wish to be informed of particular risks of the Company’s operations, he/she must make a specific request. If the Client requires individual information that is associated with the services the Company is providing to him/her, then he/she may request this at any time. The same applies for cases in which the Client may not have understood the information provided regarding the risks.

11.        Conflicts of interest

The Company takes the necessary precautions to avoid conflicts of interest between itself or its employees and its clients and to protect clients from disadvantages. If a conflict of interest cannot be avoided, it is disclosed to the clients.

In portfolio management, conflicts of interests are not always wholly unavoidable. The interests of the Client and the interest of the Company, its employees and shareholders can be conflicting. The Company therefore lays open and transparent the following in connection with possible conflicts of interests:

– Commissions from banks, fund managers and issuers may evoke financial incentives to select or recommend particular service providers or financial instruments, or to enter into transactions in order to receive compensation from third parties or increase the extent of such compensation, even though this choice may not be in the client’s best interest.

– the Company uses its own investment products and/or may favors them over other comparable financial instruments of third parties (See also No.8, sec.1).

– the Company can subscribe to a new issue of securities itself. An oversubscription can lead to a reduction of client allotments. The same applies if the Company’s staff subscribes to issues.

12.        Third-party benefits

In the context of its asset management and advisory services, as well as when executing client orders, the Company may receive monetary or non-monetary benefits from third parties such as banks, investment companies or issuers. These benefits may include, for example, retrocessions, portfolio maintenance commissions, kick-backs, research, access to trading or information platforms, invitations, or other comparable advantages.

Details of such third-party benefits, including calculation parameters and indicative ranges expressed as a percentage of the Client’s assets managed by the Company, are disclosed in the Client Agreement (Annex 6). The actual amounts cannot be determined in advance, as they depend on the portfolio composition and the agreed investment strategy.

The Client has expressly waived the passing-on of such benefits in the Client Agreement. Nevertheless, the Client may request disclosure of the effective amounts of such benefits received by the Company at any time. Such disclosure is provided free of charge.

13.        Maintaining contact

The company and its customers are obliged to remain in contact with each other and to inform each other immediately of any changes in their contact details.

14.        Assets without contact and dormant assets

Sometimes contacts with Clients are broken off and the assets subsequently become dormant. Such assets can be permanently forgotten by Clients and their heirs. The following is recommended to avoid loss of contact or dormancy:

• Changes of address and name: Please notify us immediately if you change your place of residence, address or name.
• Special instructions: Please inform us of any longer absences and of any redirection of correspondence to a third-party address or withholding of correspondence, as well as of how to be contacted in urgent cases during this time.
• Granting of powers of attorney: It may be advisable to designate an authorized person whom the Company can contact in the event when contact is broken off.
• Orientation of trusted persons and testamentary disposition: Another way to avoid a lack of contact and information is to inform a trusted person about the relationship with the Company. However, the Company may only provide information to such a person of trust if they have been authorized to do so in writing. Furthermore, the assets concerned can be mentioned in a testamentary disposition, for example.

Further information can also be found in the brochure “Assets without contact and dormant assets” published by the Swiss Bankers Association (SBA_Customer-information_EN.pdf (www.swissbanking.ch)), as may be amended from time to time.

15.        Confidentiality and professional secrecy

In the context of the business relationship with the Clients, the Company is obliged to maintain professional secrecy in accordance with Art. 69 FinIA and to treat the client specific data, information and documents received as confidential.

16.        General privacy notice

The Privacy Policy can be found on the Company’s website in its current version as amended from time to time.

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