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Information on the Helvetia (CH) Swiss Property Fund is intended solely for qualified investors within the meaning of the Federal Act on Collective Investment Schemes of 23 June 2006 (“CISA”) whose place of residence or registered company domicile is in Switzerland (“qualified investors”).

The Helvetia (CH) Swiss Property Fund is only open to non-US persons..

 

Qualified investors

Under Art. 10 para. 3 CISA, qualified investors are defined as professional clients within the meaning of Art. 4 paras. 3-5 and Art. 5 paras. 1 and 4 FinSA:

a) Financial intermediaries within the meaning of the Banking Act of 8 November 1934 (BankA), the Financial Institutions Act of 15 June 2018 (FinIA) and the CISA;

b) Insurance undertakings within the meaning of the IOA;

c) Foreign clients who are subject to prudential supervision equivalent to the persons and entities pursuant to a) and b);

d) Central banks;

e) Public authorities and pension institutions with professional treasury operations(*);

f) Companies with professional treasury operations(*);

g) Large companies;

h) Private investment structures established for high-net-worth private clients (**) with professional treasury operations (*).

High-net-worth private clients (**) and private investment structures established for them may declare in writing or in some other textually verifiable form that they wished to be regarded as professional clients (opt-out).

Under Art. 10 para. 3ter CISA, “qualified investors” also includes private clients for whom a financial intermediary pursuant to Art. 4, par. 3 lit. a FinSA or a foreign financial intermediary subject to equivalent prudential supervision provides asset management or investment advice as part of a long-term asset management or investment advisory relationship, unless they have declared that they do not wish to have qualified investor status . The declaration must be made in writing or in some other textually verifiable form.

*) The professional treasury requirement is fulfilled if a company or the investment structure set up for a high-net-worth private client has entrusted the management of the financial resources to a professionally qualified person with experience in the financial sector, either within or outside the structure.

**) A person is deemed to be a high-net-worth individual if he or she credibly declares that he or she:

a. has, on the basis of personal training and professional experience or comparable experience in the financial sector, the knowledge required to understand the risks entailed in the investments and has assets of at least CHF 500,000; or

b. has assets of at least CHF 2 million.

Please confirm that you are a qualified investor.

US person

A US person is any person falling under one of the following definitions:

a) A person, individual or legal entity deemed to be a US person under Regulation S of the Securities Act.

b) A private person (individual) who is a US citizen or resident alien within the meaning of US income tax laws. The term “resident alien” is currently defined as follows under US income tax laws: a person who (i) holds an alien registration card (green card) issued by the US Immigration and Naturalization Service, or (ii) meets the substantial presence test. In principle, the substantial presence test is considered to be met in a current calendar year if (i) the person was present in the US for at least 31 days during the current year and (ii) the sum of the number of days the person was present in the US in the current year, and 1/3 of the days they were present in the preceding year and 1/6 of the days in the year before that exceeds 183 days in total.

c) With regard to legal entities (non-individuals), (i) a company, limited partnership or other legal entity which is organized or domiciled in the US or whose business operations are headquartered in the US, (ii) a trust (a) whose administration is under the supervision of a US court and (b) which has one or more US persons who exercise control or make all substantial decisions and (iii) estates subject to US taxes regardless of location/source.

d) A company/legal entity established for the passive management of assets – such as commodity pools, investment companies or similar vehicles (except pension funds for employees, directors and managers, organized and domiciled outside the United States of America) – where 10% or more of the beneficial ownership, as measured by the unit certificates, is held by US persons or which company/legal entity was basically established for the purpose of enabling investments by US persons in a commodity pool whose manager is exempted from specific requirements of Part 4 of the Rules of the US Commodity Futures Trading Commission by virtue of participating as a non-US person.

Please confirm that you are not considered a US person.
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