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Personal Investment Contract Template for Switzerland

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Key Requirements PROMPT example:

Personal Investment Contract

"I need a Personal Investment Contract under Swiss law for a high-net-worth client seeking discretionary portfolio management services, with a focus on sustainable investments and quarterly performance reporting, to be effective from March 1, 2025."

Document background
The Personal Investment Contract serves as a crucial legal framework for investment relationships in Switzerland, establishing the terms under which professional investment services are provided to individual investors. This document is essential when an investor engages a professional investment manager or firm to manage their investment portfolio, whether on a discretionary or non-discretionary basis. It must comply with Swiss financial regulations, including FinSA and FinIA, which set strict requirements for investor protection, transparency, and risk disclosure. The contract typically includes detailed provisions on investment strategy, risk management, fees, reporting requirements, and the scope of services, while ensuring alignment with Swiss regulatory requirements for client classification and investor protection. This document is particularly important in the context of private wealth management and individual portfolio management services, where it serves to clearly define the rights and obligations of both the investor and the investment manager.
Suggested Sections

1. Parties: Identification of the investor and investment manager/advisor, including their full legal names, addresses, and registration details

2. Background: Context of the investment relationship and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of investment services to be provided, including investment strategy and limitations

5. Investment Authority: Extent of discretionary or non-discretionary authority granted to the investment manager

6. Investment Guidelines: Specific investment parameters, restrictions, and agreed-upon investment strategy

7. Fees and Expenses: Detailed breakdown of all fees, charges, and expenses, including management fees and performance fees

8. Risk Disclosures: Comprehensive disclosure of investment risks as required by Swiss regulations

9. Reporting and Communication: Requirements for periodic reporting, valuations, and communication protocols

10. Duration and Termination: Term of the agreement and conditions for termination

11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

12. Confidentiality: Provisions regarding the handling of confidential information and data protection

13. Liability and Indemnification: Extent and limitations of liability and indemnification obligations

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Performance Benchmarks: Specific performance metrics and benchmarks, used when performance-based fees are included

2. Client Classification: Classification of investor status under FinSA (retail/professional/institutional), required for regulated services

3. Custody Arrangements: Details of custody services if included in the agreement

4. Foreign Investment Provisions: Additional provisions for cross-border investments or foreign securities

5. Tax Considerations: Specific tax-related provisions and responsibilities, particularly relevant for international clients

6. Power of Attorney: Specific authorization powers, required when discretionary management is provided

7. Sustainable Investment Criteria: ESG or sustainable investment criteria, when specifically requested by the client

Suggested Schedules

1. Investment Strategy Details: Detailed description of the agreed investment strategy, including asset allocation

2. Fee Schedule: Detailed breakdown of all applicable fees and calculation methodologies

3. Risk Profile Assessment: Client's risk profile assessment and investment suitability analysis

4. Investment Restrictions: Specific investment restrictions and prohibited investments

5. Reporting Templates: Templates for periodic reports and performance statements

6. KYC Documentation: Know Your Customer documentation and client due diligence forms

7. Authorized Persons: List of authorized persons who can give instructions or receive information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses































Relevant Industries

Financial Services

Wealth Management

Private Banking

Asset Management

Investment Advisory

Family Office Services

Fund Management

Personal Finance

Professional Services

Relevant Teams

Legal

Compliance

Wealth Management

Investment Management

Risk Management

Client Relations

Portfolio Management

Investment Advisory

Operations

Documentation

Relevant Roles

Investment Manager

Wealth Manager

Portfolio Manager

Compliance Officer

Legal Counsel

Risk Manager

Investment Advisor

Client Relationship Manager

Private Banker

Financial Advisor

Asset Manager

Investment Strategist

Chief Investment Officer

Head of Wealth Management

Investment Consultant

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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