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Disclosure Statement
I need a disclosure statement for a financial investment product that clearly outlines all associated risks, fees, and potential conflicts of interest, ensuring compliance with Swiss financial regulations and providing transparent information for informed decision-making.
What is a Disclosure Statement?
A Disclosure Statement shows all the important facts and potential risks about a financial product, investment, or business relationship in Swiss markets. It helps investors and clients make informed decisions by laying out key information like fees, conflicts of interest, and investment strategies in clear, understandable terms.
Under Swiss financial regulations, especially FINMA guidelines, companies must provide these statements to protect consumers and maintain market transparency. Banks, asset managers, and financial advisors typically include specific details about their services, compensation structures, and any relationships that could influence their recommendations. The statement becomes a crucial part of the documentation required for regulatory compliance.
When should you use a Disclosure Statement?
Use a Disclosure Statement when launching new financial products, onboarding clients, or establishing investment relationships in Switzerland. It's particularly important before offering complex financial instruments, managing client assets, or providing investment advice under FINMA supervision.
Swiss banks and financial advisors need these statements when introducing fee structures, revealing potential conflicts of interest, or explaining investment risks. They're essential during major business changes, mergers, or when offering new services. The timing matters - provide the disclosure early in client relationships, before significant transactions, and whenever material changes occur in your business model or investment strategy.
What are the different types of Disclosure Statement?
- Initial Disclosure Statement: Required when establishing new client relationships, covering basic service details, fees, and company background under FINMA guidelines
- Investment Risk Disclosure: Details specific financial product risks, market conditions, and potential losses for sophisticated investment offerings
- Conflict of Interest Disclosure: Outlines business relationships, compensation structures, and potential conflicts in wealth management services
- Fee Structure Disclosure: Breaks down all costs, commissions, and charges associated with financial services or products
- Regulatory Compliance Disclosure: Addresses specific Swiss regulatory requirements, including cross-border activities and client classification
Who should typically use a Disclosure Statement?
- Financial Institutions: Banks, wealth managers, and investment firms must create and maintain Disclosure Statements for their services and products
- Legal Teams: In-house counsel and external law firms draft and review statements to ensure FINMA compliance
- Compliance Officers: Oversee statement preparation, updates, and distribution to meet Swiss regulatory requirements
- Investment Advisors: Use statements when presenting financial products or services to clients
- Private Clients: Receive and review statements before making investment decisions or entering financial agreements
- Regulatory Bodies: Monitor and enforce disclosure requirements, particularly FINMA for financial sector oversight
How do you write a Disclosure Statement?
- Business Details: Gather complete information about your financial products, services, fees, and business relationships
- Risk Assessment: Document all potential investment risks, market conditions, and performance scenarios
- Fee Structure: List all charges, commissions, and compensation arrangements clearly and comprehensively
- Regulatory Check: Review current FINMA requirements and specific Swiss disclosure obligations for your sector
- Client Classification: Determine your target audience and adjust language complexity accordingly
- Internal Review: Have compliance and key stakeholders verify accuracy before finalizing
- Document Format: Use our platform to generate a legally sound statement that meets Swiss standards
What should be included in a Disclosure Statement?
- Company Information: Full legal name, registration details, and FINMA license number
- Service Description: Detailed outline of financial services, products, and investment strategies offered
- Risk Disclosure: Comprehensive breakdown of potential investment risks and market volatility impacts
- Fee Structure: Complete listing of all costs, commissions, and compensation arrangements
- Conflict Declaration: Any business relationships or interests that could affect advice or services
- Client Rights: Information about dispute resolution and Swiss ombudsman procedures
- Data Protection: Privacy policies and handling of personal information under Swiss law
- Regulatory Compliance: References to relevant FINMA regulations and compliance standards
What's the difference between a Disclosure Statement and a Non-Disclosure Agreement?
A Disclosure Statement differs significantly from a Non-Disclosure Agreement (NDA) in several key aspects, though both deal with information sharing in Swiss business contexts. While a Disclosure Statement proactively reveals important information about financial products and services, an NDA restricts information sharing.
- Purpose: Disclosure Statements inform clients about risks and features of financial services, while NDAs protect confidential business information
- Legal Requirements: Disclosure Statements are mandatory under FINMA regulations for financial services; NDAs are voluntary contractual arrangements
- Direction of Information: Disclosure Statements flow from provider to client, while NDAs create mutual or one-way confidentiality obligations
- Enforcement: Disclosure Statements support regulatory compliance and consumer protection; NDAs focus on preventing unauthorized information sharing through contractual penalties
- Timing: Disclosure Statements are provided before service delivery; NDAs typically precede business discussions or partnerships
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