1. Legal aspects
  2. Information for UBP clients
Menu

Legal Aspects

Back to Financial Services Act (FinSA)

 

Please note that this page provides general and not exhaustive information which is subject to amendments and/or additions over time. The law allows two years for financial intermediaries and supervisory authorities to develop and adjust their procedures and practices in order to comply with it.

This section cannot cover all cases or personal circumstances. If you have any questions or require any further information, please contact your relationship manager or come back to this section after it has been updated.

INFORMATION FOR UBP CLIENTS


Union Bancaire Privée, UBP SA

Head office and address:

Union Bancaire Privée, UBP SA
96–98 Rue du Rhône
P. O. Box 1320
1211 Geneva 1
Switzerland
Telephone: + 41 58 819 21 11
www.ubp.com

Branches in SwitzerlandBaselLugano and Zurich

Activities: Wealth and asset management

Legal form: Company limited by shares incorporated under the laws of Switzerland and registered with the Commercial Register of the Canton of Geneva

Supervisory body: Swiss Financial Market Supervisory Authority (FINMA)

Authorisation: Authorised by the FINMA as a bank under the Banks and Savings Banks Act


Mediation Body

In the event of a conflict with the Bank, after talking to the Bank and before resorting to legal proceedings, clients can apply to the Swiss Banking Ombudsman for mediation. The Ombudsman will, for a modest fee or even free of charge, assess the dispute and act as a neutral mediator between the parties.

Complaints Policy

Address:

Swiss Banking Ombudsman
Bahnhofplatz 9
P.O. Box
8021 Zurich
Switzerland


Information regarding financial services

UBP offers various financial services, such as:

  • Discretionary asset management service: The client gives the Bank a mandate to manage their assets on the basis of predefined parameters agreed in the client's investment profile. The Bank takes the investment decisions.
  • Advisory service: The client signs a mandate to receive advice, covering the entire portfolio and based on parameters predefined with the client in an Investment Profile. The Bank recommends one or several financial instruments and the client takes the final investment decision.
  • Execution-only service: The client gives investment instructions and the Bank executes them.

At the account-opening stage, the Bank informs its clients of the costs associated with the financial services provided, by handing over the fee schedule , which forms an integral part of the General Conditions.

Additional information on costs linked to financial instruments is provided in the KID and the prospectus, where available for the type of instrument concerned.

In any case, transaction costs are indicated on transaction advices.


Investor Protection and access to financial instruments

UBP clients are classified in one of the three following categories: “Private”, “Professional” or “Institutional” clients. The following table provides detailed information about the impacts of this classification on clients as regards the level of investor protection and access to financial instruments or services. 

 

 


Private
Client


Professional Client 
(on request*)


Professional Client
(by law)

Institutional Client
Investor Protection        
When providing Execution-Only, Advisory or Discretionary Portfolio Management services, we assess the client's knowledge and experience of financial instruments and services X X Deemed knowledgeable and experienced Deemed knowledgeable and experienced
When providing investment advice at portfolio level or when managing a portfolio, in addition to the client’s knowledge and experience, we assess their financial situation and investment objectives and draw up a risk profile based on this information X X X Not applicable by law
When providing investment advice at portfolio level or when managing a portfolio, we ensure the investments match the client’s risk profile and investment strategy (suitability assessment) X X X Not applicable by law
When providing investment advice at portfolio level, we document the client’s needs and the grounds for each recommendation X X X Not applicable by law
When our clients invest in certain financial instruments, we make a Key Information Document available if required X On request and if available On request and if available On request and if available
In executing a client’s orders, we ensure that the best possible outcome is achieved in terms of cost, timing and quality (“best execution”) X X X X
Access to Financial Instruments and Services        
Clients have access to funds which are reserved for Qualified Investors or not authorised for public offering in Switzerland ** X X X
Clients have access to financial products reserved for professional investors - X X X
Clients may have access to UBP’s Private Markets Group (PMG) products - X X X
Clients may have direct access to the UBP Trading Room - X X X

 

* Private Clients who meet certain legal requirements (sufficient wealth, knowledge and experience)

** By law, only for clients with an Advisory or a Discretionary Portfolio Management mandate


General risks associated with financial instruments

In order to clarify the risks associated with financial instruments, the Bank has posted its brochure Characteristics and risks of certain financial operations on its website and hands it out to clients when opening their accounts.

The Swiss Bankers Association has also published a brochure on risks, Risks Involved in Trading Financial Instruments.

Clients are welcome to contact their relationship managers for clarification and details on any given financial instrument, its specificities or its risks.


Business links with third parties relating to the proposed financial services

UBP has business links with third parties, through which it may receive advantages and/or remuneration. The Bank has put in place a conflict of interest policy aiming at avoiding conflicts of interests.


Open Architecture

UBP works on the basis of an open architecture, which means that it provides access to financial instruments available on the market and issued by third-party product providers as well as products developed by the UBP Group or in partnership with third parties.


Key Information Document (KID)

The UBP website provides links to KIDs and fund information.


Base Prospectus

It should be noted that, like the Base Prospectus dated 30 November 2020*, this Base Prospectus dated 30 November 2021 is not and does not purport to be considered an offer, invitation, recommendation or solicitation to conclude a transaction, acquire any Product or enter into any legal relations, and should not be treated as providing financial service or investment advice.

Neither the Products nor the Base Prospectus associated with them may be offered or distributed in any jurisdiction where such action is contrary to local law and/or the local regulations in force, or to any person to whom it would be unlawful to make such an offer or solicitation. No action has been or will be taken by Union Bancaire Privée, UBP SA that would permit a public offering or possession or distribution of the Products or any material in relation to the Products in any jurisdiction, including Switzerland unless otherwise defined in the Final Terms of a particular Product, in which action for that purpose is required. It is incumbent upon clients to ensure that they are allowed to access the Product information.

The Products may not be offered or sold in the United States of America or to U.S. persons at any time (as defined in Regulation S under the U.S. Securities Act of 1933, the CEA or the U.S. Internal Revenue Code). The Products have not been and will not be registered under the U.S. Securities Act of 1933, as amended, or the securities laws of any state in the United States and may be subject to United States tax requirements. The Products have also not been approved by the Commodity Futures Trading Commission nor are the Products intended for any U.S. Person as such term is defined for any purpose under the United States Commodity Exchange Act of 1936, as amended. A. In purchasing any Product, the investors represent and warrant that they are neither located in the United States of America nor U.S. persons and that they are not purchasing for the account or benefit of any such person. The Products may not be offered, sold, transferred or delivered without compliance with all applicable securities laws and regulations.

Clients are invited to carefully read Product documentation, namely this Base Prospectus, which may be amended or supplemented from time to time, together with the relevant Final Terms prepared for a particular Product containing the full legally binding terms and conditions.

* Base Prospectus dated 30 November 2020

Back to Financial Services Act (FinSA)