LEGAL & COMPLIANCE

GROWING IN IMPORTANCE

Legal and compliance issues continue to grow in importance. Effective guidelines, their efficient implementation and controls are on the rise and becoming stricter and more transparent with the aim to protect investors and their assets.

In the SEC registration ADV Part 2 Brochure, each Swiss SEC RIA provides information on their Code of Ethics.

SWISS SEC RIAS MUST HAVE COMPLIANCE PROGRAMS

Swiss SEC RIAs are required to adopt and implement written policies and procedures that are reasonably designed to prevent violations of the Advisers Act. The SEC commission has said that it expects that these policies and procedures would be designed to prevent, detect, and correct violations of the Advisers Act. The policies and procedures must be reviewed at least annually for their adequacy and the effectiveness of their implementation, and a chief compliance officer (CCO), responsible for administering policies and procedures must be designated.

A Swiss SEC RIAs books and records are subject to compliance examinations by the SEC staff (under Section 204 of the Advisers Act). The purpose of SEC examinations is to protect investors by determining whether registered firms are complying with the law, adhering to the disclosures that they have provided to their clients, and maintaining appropriate compliance programs to ensure compliance with the law.

RELEVANT TOPICS FOR THE NORTH AMERICAN INVESTOR

General information on the legal and compliance-related topics of:

• The new Swiss financial market legislation (Swiss Bankers Association)

• Swiss regulatory organizations (FINMA)

• Anti-money laundering act (FINMA)

• Handling data in day-to-day business (Swiss Bankers Association)

• Automatic exchange of information (Swiss Bankers Association)

• Protection of Swiss bank deposits (Esisuisse)

• US - Report Foreign Bank and Financial Accounts (FinCen)

• US - About Form 8938, Statement of Specified Foreign Financial Assets (IRS)

• US - About Form 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund (IRS)

• US - About Form 1099 - Am I required to file a Form 1099 or other information return? (IRS)

• Canada - About Form T1335, Foreign Income Verification Statement (Government of Canada)

• Filing a complaint (Swiss Banking Ombudsmann)

ASK QUESTIONS!

Take a closer look at any Swiss SEC RIA's SEC registration and ADV Part 2 Brochure as well as their website. The minimum amount of investment is also stated.

You can evaluate the background of the Swiss SEC RIA with whom you intend to do business before you make any investment decisions.

It doesn’t matter if you are a beginner or an experienced investor, it’s never too early or too late to ask questions. Your Swiss SEC RIA should provide you with comprehensive, transparent and understandable answers to any and all questions you may have.