The following General Terms and Conditions (\u201cGTC\u201d) apply to the business relationship between the client and Reuss Private Access AG (hereinafter referred to as the \u201cCompany\u201d), unless otherwise agreed.\nFor the sake of readability, the Company refrains from using gender-specific language in dual form.<\/p>\n\n\n\n
Reuss Private Access AG enters into business relationships exclusively with professional clients and eligible counterparties (pursuant to the Annex to the Liechtenstein Asset Management Act in conjunction with Article 4 paragraph 1 letters c and e).<\/p>\n\n\n\n
The Company does not engage in transactions with retail clients.<\/p>\n\n\n\n
The client shall bear any loss arising from their own lack of legal capacity or that of an authorized representative, unless such incapacity has been duly notified to and proven in writing to the Company. The Company is under no obligation to verify the legal capacity of the client or of any authorized third parties.<\/p>\n\n\n\n
Notices from the Company shall be deemed duly and legally delivered if they are sent or made available to the client in accordance with the client\u2019s most recent instructions \u2013 or, for the client\u2019s protection, in deviation therefrom. The date of dispatch shall be the date indicated on the copy or dispatch list held by the Company.<\/p>\n\n\n\n
In order to provide its services, the Company is required to obtain various information from the client, such as the client\u2019s knowledge and experience with financial instruments, financial circumstances, and investment objectives, in accordance with MiFID requirements or due diligence obligations. It is in the client\u2019s own interest to provide the Company with this information, as failure to do so may render the provision of services by the Company impossible.\n\nFurthermore, it is essential that the information provided by the client is accurate. The data submitted by the client serves the purpose of enabling the Company to act in the client\u2019s best interest, i.e., to recommend a suitable asset management strategy or appropriate financial instruments. To this end, complete and truthful information from the client is indispensable.<\/p>\n\n\n\n
If the Company is required to provide the client with information (e.g., information about costs) or documents (e.g., PRIIP KID) prior to the execution of orders, or if additional details or instructions are needed and the client cannot be reached\u2014either because the client does not wish to be contacted by the Company or is temporarily unavailable\u2014the Company reserves the right, in cases of doubt, not to execute the order in order to protect the client.\n\nIn such cases, the Company shall not be held liable for orders not executed in a timely manner or for any resulting damages (in particular, losses due to price fluctuations or missed gains).<\/p>\n\n\n\n
The Company is entitled to rely on the accuracy of the information provided by the client, unless it is known or ought to be known to the Company that such information is obviously outdated, incorrect, or incomplete.<\/p>\n\n\n\n
The client undertakes to notify the Company in writing if any of the information provided to the Company, such as name, address, domicile, nationality, or tax residency, changes. In the course of an ongoing business relationship, the client is furthermore obliged to update this information at regular intervals upon the Company's request.<\/p>\n\n\n\n
The customer shall bear any damage arising from the use of mail, telephone, fax, email, other electronic means, or any other transmission or transport methods \u2013 particularly due to loss, delay, misunderstandings, mutilations, or duplicate deliveries \u2013 unless the Company is guilty of gross negligence.<\/p>\n\n\n\n
The Company has the right \u2013 and in certain cases a legal obligation (e.g. in conversations related to financial instruments) \u2013 to record telephone conversations. The Company may also store other forms of electronic communication such as emails, faxes, etc. These recordings and stored communications may be used as evidence and will be retained in accordance with legal requirements.<\/p>\n\n\n\n
The Company shall only be liable for proper execution, in particular timely execution or non-execution of orders, up to the amount of interest for the relevant period, unless the Company has been expressly and specifically notified in writing of the risk of further damage in an individual case. In any event, the client bears the risk of any order that is unclearly worded, incomplete, or contains errors.<\/p>\n\n\n\n
The Company cannot be held liable for non-execution or delays in the execution of orders that arise from the fulfilment of legal obligations (in particular under the Due Diligence Act) or in connection with economic sanctions.<\/p>\n\n\n\n
Finally, the Company is not obliged to execute orders placed by electronic means unless a specific agreement to this effect has been made.<\/p>\n\n\n\n
In the case of orders relating to foreign investments or transactions involving financial instruments, Clause 19 of the General Terms and Conditions (Duty of Confidentiality and Release Therefrom) must also be observed.<\/p>\n\n\n\n
Customer complaints regarding defective, delayed, or non-execution of any type of order, or complaints regarding the reporting and accounting provided periodically by the Company, as well as other notifications and actions of the Company, must be submitted immediately upon becoming aware of them or upon receipt of the relevant information, but no later than within the deadline set by the Company.<\/p>\n\n\n\n
If a notification expected from the Company fails to arrive, the complaint must be lodged at the time the notification should have been received by the customer under normal postal circumstances. If the complaint is submitted later, the customer shall bear any resulting damage.<\/p>\n\n\n\n
The Company\u2019s reports and statements of account shall be deemed correct and all items contained therein approved, unless the customer raises a written objection within one month.<\/p>\n\n\n\n
A contract with the Company may be entered into jointly by several persons. The exercise of rights under the contract shall, in such cases, be governed by a specific agreement; in the absence of such an agreement, each customer may exercise their rights under the contract individually. All customers shall be jointly and severally liable for any claims the Company may have against any one of them.<\/p>\n\n\n\n
The Company is entitled to directly debit the client's account for portfolio management and investment advisory fees, provided that a corresponding power of attorney exists.<\/p>\n\n\n\n
The client is expected to take measures to avoid dormancy and to contact the Company in case of any questions regarding dormant relationships. Dormant business relationships may be continued at the Company\u2019s discretion. However, the Company reserves the right to charge expenses and investigation costs related to such dormancy directly to the client\u2019s account, provided a valid power of attorney is in place. Furthermore, the Company may terminate a dormant business relationship without notice at its discretion, by sending the termination to the last address provided by the client.<\/p>\n\n\n\n
The Company foresees the acceptance of inducements in the context of providing independent investment advice and portfolio management services.<\/p>\n\n\n\n
In the context of independent investment advice (Art. 16 para. 4 of the Asset Management Act) and portfolio management (Art. 16 para. 5 of the Asset Management Act), the firm is prohibited from accepting or retaining fees, commissions, or other monetary or non-monetary benefits from a third party or a person acting on behalf of a third party in relation to the provision of services to clients.\n\nSmall non-monetary benefits that may enhance the quality of service for the client and which, due to their size and nature, are unlikely to impair compliance with the asset management firm's duty to act in the best interest of its clients, are generally permitted but must be unequivocally disclosed to the client.<\/p>\n\n\n\n
The client is solely responsible for the proper taxation of their assets and any income generated therefrom in accordance with the applicable laws of their tax domicile. The client is responsible for complying with all applicable regulatory and legal requirements (including tax laws) and ensures ongoing adherence to such regulations.<\/p>\n\n\n\n
Advice or information provided by the Company, subject to specific provisions or agreements, does not relate to the tax consequences of investments for the client or generally to the client\u2019s tax situation; in particular, the Company excludes any liability for the tax effects of recommended investments.<\/p>\n\n\n\n
In the course of managing and maintaining the client relationship, the processing and use of personal data, transaction data, and other data relating to the client\u2019s business relationship (hereinafter referred to as \u201cClient Data\u201d) by the Company is necessary.\n\nClient Data includes all information related to the business relationship with the client, particularly confidential information about the contractual partner, any authorized representatives, beneficial owners, and any other involved third parties.\n\n\u201cConfidential information\u201d includes, among others, name\/company, address, domicile\/registered office, date of birth\/incorporation, occupation\/purpose, contact details, account number, IBAN, BIC, other transaction data, account balances, portfolio data, information on loans and other financial services, as well as tax identification numbers and other data relevant to tax or due diligence obligations.<\/p>\n\n\n\n
The Company is entitled, without the express written consent of the client, to outsource entire or partial business areas (e.g., information technology, maintenance and operation of IT systems, printing and mailing of documents, compliance function, risk management function, internal audit, due diligence officer, investigation officer) to selected contractual partners (hereinafter referred to as \u201coutsourcing partners\u201d).\n\nThe Company may also have certain services performed by selected contractual partners (hereinafter referred to as \u201cservice providers\u201d). For this purpose, the Company is authorized to disclose the necessary client data to the outsourcing partners and service providers.<\/p>\n\n\n\n
The client further acknowledges and accepts that client data may be disclosed internally within the Company and processed by the Company\u2019s employees domestically and abroad (including electronically) in connection with the administration and maintenance of the business relationship.\nDisclosure of client data to respective outsourcing partners or service providers is made in compliance with applicable legal, regulatory, and data protection requirements.\nThe Company implements appropriate technical and organizational measures to ensure the confidentiality of the data.<\/p>\n\n\n\n
Members of the Company\u2019s governing bodies, employees, and agents are subject to legally mandated confidentiality obligations, data protection requirements, and other professional secrecy duties (hereinafter referred to as \u201cConfidentiality Protection\u201d). This imposes a perpetual obligation to keep confidential any information obtained through the business relationship with clients.\n\nInformation subject to Confidentiality Protection is hereinafter referred to as \u201cClient Data.\u201d Client Data includes all information related to the business relationship with the client, particularly confidential information about the contractual partner, any authorized representatives, beneficial owners, and any other involved third parties.\n\nConfidential information includes, but is not limited to, the name\/company, address, domicile\/registered office, date of birth\/incorporation, place of birth, nationality, profession\/purpose, contact details, client and account numbers, IBAN, BIC, other transaction data, account balances, custody account data, information on loans and other financial services, as well as tax- or due diligence-relevant data.\n\nFor the provision of its services and to safeguard its legitimate claims, the Company may find it necessary on a situational basis to disclose Client Data subject to Confidentiality Protection to third parties domestically or abroad. The client hereby explicitly releases the Company from confidentiality obligations concerning Client Data and authorizes the Company to disclose Client Data to third parties domestically and internationally.\n\nClient Data may also be disclosed in the form of documents received or prepared by the Company in connection with the business relationship with the client or third parties.\n\nAccordingly, the Company may disclose Client Data, in particular, in the following cases:<\/p>\n\n\n\n
The Company is entitled to terminate existing business relationships at any time at its sole discretion and without giving reasons. Even if a notice period or a fixed termination date has been agreed upon, the Company is entitled to immediately terminate the business relationship if the client is in default of any obligation, if the client\u2019s financial situation has materially deteriorated, if enforcement proceedings are initiated against the client, or if criminal proceedings are pending against the client that could jeopardize the Company\u2019s reputation.<\/p>\n\n\n\n
Liechtenstein public holidays and Saturdays are treated as Sundays in business transactions.<\/p>\n\n\n\n
The governing language for the business relationship is German. In the case of foreign-language texts, the German version shall serve as the interpretative reference.<\/p>\n\n\n\n
The registered office of the Company is the place of performance for the mutual obligations of the parties.<\/p>\n\n\n\n
Should one or more provisions of the General Terms and Conditions be or become invalid or unenforceable, or should there be a gap in the General Terms and Conditions, the validity of the remaining provisions shall remain unaffected. The invalid provisions shall be interpreted or replaced in such a way as to best achieve the intended purpose.<\/p>\n\n\n\n
The legal relationships between the client and the Company shall be governed by the law of the Principality of Liechtenstein.<\/p>\n\n\n\n
The place of jurisdiction shall be Vaduz. The client submits to the jurisdiction of the courts of Vaduz for all proceedings. However, the client may also be sued at their domicile or before any other competent court or authority.<\/p>\n\n\n\n
The Company is entitled to amend the foregoing provisions at any time. Such amendments will be communicated to the client in writing or by other suitable means and shall be deemed approved without objection within one month.<\/p>\n\n\n\n
These General Terms and Conditions shall come into effect on 1 February 2024.\n
\n
\n\nDisclaimer:\nThis English version is a non-binding translation of the original German text. It is provided for convenience only. In the event of any discrepancies or legal interpretation, only the German version shall be legally binding and authoritative.<\/p>","protected":false},"excerpt":{"rendered":"
Zweck und Geltungsbereich F\u00fcr die Gesch\u00e4ftsbeziehungen zwischen dem Kunden und der Reuss Private Access AG (nachstehend \u00abGesellschaft\u00bb genannt) gelten folgende Allgemeine Gesch\u00e4ftsbedingungen (\u00abAGB\u00bb), soweit keine anderslautenden Vereinbarungen bestehen. Zum besseren Verst\u00e4ndnis verzichtet die Gesellschaft auf weiblich-m\u00e4nnliche Doppelformen. Die Reuss Private Access AG geht ausschliesslich Gesch\u00e4ftsbeziehungen mit professionellen Kunden und geeigneten Gegenparteien (Gem. Anhang zum VVG […]<\/p>\n","protected":false},"author":13,"featured_media":0,"parent":0,"menu_order":14,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-3111","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n