Terms and Conditions
1 STATUS
1.1 F Trust (Switzerland) AG (hereafter “FT”) is an independent provider of Companies and Trusts in Switzerland, as well as 9 other onshore and offshore jurisdictions, including domiciliation and fiduciary services.
2 WEBSITE CONTENT
2.1 The information contained on the FT website is for only guidance and general purpose not meant to substitute qualified legal, tax or professional advice. Investors should consult lawyer or tax expert, before any course of action or investment decision.
2.2 FT expressly disclaims and makes no warranties or representations, whatsoever, about the quality, content, completeness, accuracy, omission, errors, delays or adequacy of such information, data that are published on our site. Use of the website is at your own risk.
2.3 Products displayed on website may not currently be available due to lack of demand or licensing for such products.
3 RESTRICTIONS
3.1 FT services and website content may not be used or accessed by persons whose country or nationality or other jurisdiction, which legally prohibit the content or services offered. This also includes distribution of the content.
3.2 Due to certain regulations, some financial services may in fact not be available to residents of certain countries.
3.3 FT reserves the right to send clients and partners newsletters, updates and general information via any form of group or html email and the Parties hereby agree to receive such emails and that no further opt-in would be required to comply with GDPR regulations
4 NO LEGAL ADVICE
4.1 FT is not intended to constitute legal, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or requesting any service or product from FT or taking any action that might affect your personal finances or business, you should consult a local legal and tax professional advisor that can advise you on how the use of companies in foreign jurisdictions effects your personal taxation, or the taxation of your existing company or companies.
5 PRIVACY POLICY AND SECURITY
5.1 FT commits to handle all information, documentation and communication with the Client confidentially.
5.2 FT uses a variety of physical and electronic security measures, including restricting physical access to our offices, and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.
5.3 FT truly respects your privacy and the information you send us. FT may share your information with its trusted business associates or partners in order to provide the products/services you request.
5.4 The Internet is not a secure environment. If you use the Internet to send us any information, including your email address, it is sent at your own risk.
6 LIABILITY
6.1 FT, its officers, employees and agents shall not be liable for any loss, depreciation or damage that may happen at any time or from any cause or for any act or omission by themselves or by their agents in connection with this Agreement. FT shall be indemnified by the Client for any loss or liability resulting in a claim for damages, costs or expenses in connection with the administration of any entity or services provided to the Client unless there has been gross negligence, willful misconduct or fraud on FT’s part.
6.2 Neither of the Parties shall be liable for any loss caused by a delay in performing or failure to perform their obligations under this Agreement, if such a delay or failure results from (i) the negligence or actions of any third party or (ii) events or circumstances beyond their reasonable control. FT shall not in any event be liable for indirect, special or consequential damage of any kind.
7 KYC
7.1 The Client is responsible to provide all necessary documentation to FT such as but not limited to: Passport, Proof of residency, Proof of being Non US taxable, Documentation supporting fact of qualifying as a Qualified Investor, Documentation regarding source of wealth and compliance with the Swiss Anti Money Laundering Act, Disclaimers and any required Reference letters.
8 TAX REPORTING OBLIGATIONS
8.1 Taxpayers are responsible for knowing their own tax reporting obligations.
8.2 The Client confirms being fully informed and adhering to the tax and legal obligations of a jurisdiction of personal residency and/or corporate residency and tax return legal obligations related to assets held, are complied with.
8.3 FT is not liable for non-compliance of the Client tax reporting obligations.
9 COMPANY ACTIVITY
9.1 The Client confirms that any asset introduced has been lawfully introduced and is not derived from or otherwise connected with any illegal activity.
9.2 The Client also confirms that the company will not be used for any criminal activity or other illegal purposes, whether fiscal or otherwise, in any jurisdiction and understands that may have an obligation to report any arrangement involving the proceeds of criminal conduct.
10 BANK ACCOUNT OPENING
10.1 The corporate account opening offered by FT is only possible under acceptance of the Beneficial Owner of the account, Shareholder and/or the Director documentation by the Banks FT collaborates with.
10.2 FT is not liable for any rejection or refusal of the Bank related to the KYC or any other reason and cannot guarantee an account opening in this case.
11 GOVERNING LAW
11.1 This Terms and Conditions are governed and construed under the internal substantive laws of the State of Switzerland. Any disputes arising in connection with this Term will be referred to a court of general jurisdiction in Zürich, Switzerland.