Helvetia Asset Management Legal notice

The website “www.helvetia-asset-management.com” is the web page of Baloise Asset Management Ltd, a division of the Helvetia Baloise Group (hereinafter, “Helvetia Asset Management”). 

Anyone who accesses this web page and retrieves information hereby agrees to the following terms and conditions. 

Scope of application 
The scope of application of the services presented on these web pages may vary. In this connection, please observe the relevant notices on the individual web pages. Generally, these web pages are not intended for persons who are prohibited from accessing it on the basis of legislation applicable to them. Furthermore, the following applies: 
Unless indicated otherwise: 

  • Are Helvetia Asset Management’s services in the areas of investment advice and asset management primarily aimed at companies domiciled in Switzerland? 
  • The fund products presented on these web pages and the associated information provided by Helvetia Asset Management, a division of the Helvetia Baloise Group, are intended solely for persons domiciled in Switzerland, Germany and Luxembourg (in accordance with the country registration of the individual funds). If your country of domicile is not one of these, you are not permitted to access this web page. “US Persons” (See the definition of a US Person) are expressly prohibited from visiting this web page, regardless of their domicile. 

Use of the web pages and disclaimer of liability 
The Helvetia Baloise Group takes the necessary technical and organisational measures in the design and operation of the web page to ensure its proper functioning. Nevertheless, incidents such as loss or falsification of data, virus attacks, business interruptions, etc., cannot be ruled out. Access to the web page is at your own risk. In particular, the Helvetia Baloise Group provides no guarantee for the functioning or faultless functioning of the web page. Nor can they guarantee that the web page or the server it is stored on is free from viruses or faulty components. 
The Helvetia Baloise Group shall not be liable for any loss or damage, or consequential loss or damage, resulting from access to its web page or elements contained on its web page or the use thereof (or from any inability to access or use the web page or elements). 
Furthermore, in the event of security risks being detected, the Helvetia Baloise Group expressly reserves the right to interrupt or, in serious cases, to block access to its web page until such time as those problems have been rectified. The Helvetia Baloise Group shall not be liable for any loss or damage, or consequential loss or damage, resulting from the interruption or blocking of access. 

Reliability of the published information and exclusion of warranty 
The Helvetia Baloise Group takes every care to ensure that the information on the web page is correct and up to date at the time of publication. Nevertheless, neither Helvetia Asset Management nor its contracting parties can give any explicit or implicit assurance or guarantee (including to third parties) as to the topicality, accuracy or completeness of the information. Neither Helvetia Asset Management nor its contracting parties shall be liable for any losses incurred as a result of investment decisions made on the basis of incorrect, insufficient or missing information. Please note, in particular, that the future performance of a product or investment instrument cannot be deduced from past performance. Likewise, the protection of the value of capital invested can also not be guaranteed. 
The products and services presented on this web page shall not be construed to be an offer or recommendation to purchase or sell investment instruments, or to conclude insurance contracts. Unless expressly stated otherwise, Helvetia Asset Management Ltd reserves the right to reject an application without stating reasons. 
Before opting for a product or service, please read the legal product information, the Terms and Conditions to the contract and the basic legal information (e.g. the current sales prospectuses, the specific investor information and the current annual and semi-annual reports, etc.) and seek the advice of our customer advisers or of a qualified expert. 

Linked web pages 
The Helvetia Asset Management web page contains links to other web pages. The Helvetia Asset Management has not checked these web pages and assumes no responsibility for their content, the products or services offered or other offers made on them or for compliance with data protection regulations. Activating a link is always at your own risk. 

Reservation of right of amendment 
The Helvetia Asset Management expressly reserves the right to modify information on its web page at any time without prior notice. 

Copyright 
All elements on the Helvetia Asset Management web page are protected by copyright and are the exclusive property of Helvetia Asset Management. Downloading, printing, copying, saving and processing of all or part of the content of the web pages may only be undertaken for private purposes. If elements are reproduced in whole or in part in any form – electronically or in print – the Helvetia Asset Management must be explicitly mentioned by name. Copyright notices, trademarks and other legally protected names may not be changed or removed. 
By saving or otherwise reproducing software or other data from or onto the web pages of Helvetia Asset Management, Helvetia Insurance and Baloise Bank, you are deemed to have accepted the relevant terms of use. The reproduction, in whole or in part, the transmission by electronic or other means, the modification, the linking or the use for public or commercial purposes is prohibited without the prior express consent of Helvetia Asset Management, Helvetia Insurance or Baloise Bank. Third-party copyrights are reserved. 

Special provisions relating to the investment funds of Helvetia Fund Invest (Lux) SICAV (hereinafter “HFI (Lux)”) presented on these web pages 

Subscription to HFI (Lux) fund units 

The subscription of fund units in the fund management company HFI (Lux) is only valid in conjunction with the latest prospectus and the key information document (PRIIP KID) – together with the latest annual report and the latest semi-annual report, if the latter is more recent than the annual report. No one is permitted to disclose information that is not in the sales prospectus or the publicly accessible documents mentioned in the sales prospectus. 

Helvetia Fund Invest (Lux) is a fund under Luxembourg law. The detailed sales prospectus, the key information document (PRIIP KID), the articles of association and the annual and semi-annual reports are available on this web page and can also be requested free of charge representative in Switzerland, First Independent Fund Services AG, Feldeggstrasse 12, CH-8008 Zurich and from the paying agent and information centre in the respective country of distribution. 

  • Risk notice in connection with investment in HFI (Lux) fund units
    Investors should note that all investments involve risk and that no compensation will be paid for any losses resulting from an investment in a sub-fund. Furthermore, there is no guarantee that HFI (Lux) will achieve its investment objective. Neither HFI (Lux) nor the members of its Board of Directors or their authorised representatives or financial advisers can offer any assurances with regard to future performance. Subscribers and prospective buyers of fund units of HFI (Lux) are advised to inform themselves as to the tax implications, legal requirements and restrictions and currency exchange regimes of their home country or place of residence as relevant to the subscription to, holding and sale of fund units of the company. Past performance, simulations or projections are not a reliable indicator of future performance. Past performance shown does not take into account any costs incurred on subscriptions or redemptions of units. Commissions and fees negatively impact performance. All investments involve risks, particularly in terms of fluctuations in value and returns. If the currency of a financial product differs from your reference currency, the rate of return may increase or decrease as a result of currency fluctuations. The information contained on this web page does not take into account the specific or future investment objectives, the tax or financial situation, or the individual needs of the individual. 
  • US Persons
    No steps have been taken to register HFI (Lux) or fund units in HFI (Lux) with the US Securities and Exchange Commission, as prescribed by the US Investment Company Act of 1940 and its amendments, or to comply with other regulations with regard to securities. The HFI (Lux) sales prospectus must therefore not be imported into, transferred to or distributed within the United States, its states or dependent territories, or conveyed to “US Persons” (See the definition of a US Person here); all such persons are hereinafter referred to as “US Persons”. Furthermore, fund units in HFI (Lux) must not be offered or sold to US Persons. Any violation of these restrictions may constitute a breach of the United States securities legislation. The Board of Directors of HFI (Lux) may demand the immediate recall of fund units bought or held by US persons, including from investors who only become US persons as defined herein after purchasing the fund units. 
  • FATCA (“Foreign Account Tax Compliance Act”) 
    The aim of the Foreign Account Tax Compliance Act (FATCA) is to prevent US persons and legal persons domiciled in the US from using foreign financial institutions (FFIs) for the purposes of tax evasion. Under the provisions of FATCA, the Company is classified as an FFI. Accordingly, the Company may, where necessary, request that its unitholders provide documentation proving their tax residence and any other information necessary for compliance with the aforementioned legislation. 

Notwithstanding the provisions set out herein and to the extent permitted by Luxembourg legislation, the Company shall be entitled to the following: 

- to withhold all taxes or similar charges in respect of any equity interest in the company, where it is required to do so by law or otherwise; 

- to require any unitholder or beneficial owner of the shares to provide, without delay, any information the Company requires in order to fulfil its legal obligations and/or to determine the amount to be withheld, and to disclose any personal data to a tax or supervisory authority where required by law or requested by any such authority; 

- to withhold any dividend payment or refund to a unitholder until the Company has sufficient information to determine the correct amount to be withheld. 

Furthermore, the Company confirms that it is a participating FFI within the meaning of FATCA, that it has registered under FATCA and that it complies with the provisions thereof. The company’s “Global Intermediary Identification Number” (GIIN) is EWGM5M.00012.ME.442. 

Applicable law and place of jurisdiction 
All legal relationships arising from access to the Helvetia Asset Management web page are governed by Swiss law. The exclusive place of jurisdiction in relation to Helvetia Asset Management is Basel.