FinSA Disclosure

1. Scope

This disclosure applies to all financial services provided by B.U.Y. INVEST GmbH under the Swiss Federal Act on Financial Services (Bundesgesetz über die Finanzdienstleistungen, "FinSA"), in force since 1 January 2020. It describes the client classification we apply, the rules of conduct that govern our services, our regulatory status, and the dispute-resolution path available to clients.

2. Client classification (Art. 4 FinSA)

FinSA distinguishes three client categories: retail clients, professional clients, and institutional clients. Each category attracts a different level of investor protection and a different scope of conduct duties.

B.U.Y. INVEST GmbH provides services exclusively to per-se professional clients and institutional clients within the meaning of Article 4 paragraphs 3 and 4 FinSA.

3. Categories served

Per-se professional clients (Art. 4 para. 3 FinSA)

• Financial intermediaries supervised under the Banking Act, the Financial Institutions Act, the Financial Market Infrastructure Act, or the Collective Investment Schemes Act;
• Insurance companies under the Insurance Supervision Act;
• Foreign clients subject to equivalent prudential supervision;
• Central banks;
• Public entities with professional treasury operations;
• Pension schemes and institutions whose primary purpose is occupational provision, with professional treasury operations;
• Companies with professional treasury operations;
• Large companies meeting at least two of the following: balance sheet total greater than CHF 20 million, turnover greater than CHF 40 million, equity greater than CHF 2 million;
• Private investment structures with professional treasury operations created for high-net-worth individuals.

Institutional clients (Art. 4 para. 4 FinSA)

• Financial intermediaries listed in Art. 4 para. 3(a) FinSA;
• Insurance companies listed in Art. 4 para. 3(b) FinSA;
• Foreign clients with equivalent prudential supervision;
• Central banks;
• Supranational and national public entities with professional treasury operations.

4. Excluded categories

• The firm does not provide services to retail clients.
• The firm does not accept opt-out requests from high-net-worth retail clients under Article 5 paragraph 1 FinSA. High-net-worth retail clients remain classified as retail and the firm does not engage with them.
• Access to this website is gated by a self-classification step. Users who do not meet the per-se professional or institutional criteria are not permitted to engage with the firm.

5. Rules of conduct (Art. 7-19 FinSA)

Under FinSA, the depth of conduct duties depends on client classification (Art. 20 FinSA):

• Professional clients — duties of conduct apply with reduced scope. In particular, the firm may rely on certain assumptions about the client's knowledge and risk capacity (Art. 20 para. 1 FinSA).
• Institutional clients — conduct rules under Art. 7-19 FinSA do not apply unless the client expressly requests their application (opt-in, Art. 20 para. 2 FinSA).

6. Information duties

In accordance with Articles 8-9 FinSA, the firm provides clients with information about the firm itself, the financial services offered, the costs associated with those services, and the relevant risks, in a form appropriate to the client's classification. Where required, this information is delivered in writing or in a permanent electronic form.

7. Conflicts of interest

The firm maintains internal organisational and procedural measures to identify, prevent, and manage conflicts of interest in accordance with Article 25 FinSA. Where a conflict cannot be avoided through organisational measures, it is disclosed to the affected client before the relevant service is provided.

8. Regulatory status — no prudential supervision

B.U.Y. INVEST GmbH is not subject to prudential supervision by the Swiss Financial Market Supervisory Authority FINMA. The firm operates as a financial service provider under FinSA serving exclusively per-se professional and institutional clients, a constellation that does not require a FINMA licence under the Financial Institutions Act.

Specific personnel of the firm are individually registered as client advisors in the Client Advisor Register operated by RegServices, a registration body approved by FINMA under Article 31 FinSA. RegServices is operated by BX Swiss AG. The firm's registration entry is FM08441.

9. Ombudsman

Affiliation with a recognised ombudsman is not required for B.U.Y. INVEST GmbH because the firm exclusively serves per-se professional and institutional clients. This exemption was introduced via the DLT Act amendment to FinSA in force since 1 February 2021 and is reflected in Article 77 FinSA. Should a client dispute arise, it is handled through ordinary Swiss civil procedure under Swiss substantive law.

10. Reclassification

The firm does not entertain reclassification requests, whether opt-out from retail to professional or opt-in from professional to retail. Clients are accepted only if they qualify as per-se professional or institutional under Article 4 FinSA at the time of onboarding and on an ongoing basis.

11. Updates and contact

For questions concerning this disclosure or any FinSA-related matter, please contact info@buyinvest.ch.