Regulatory Information

The Swiss Financial Services Act (FinSA) entered into force on 1 January 2020. The Act introduced new rules for the provision of financial services and the offering of financial instruments. The regulation aims to further strengthen the Swiss financial centre, improve investor protection and enhance transparency on financial instruments.

FinSA applies whenever the financial service is provided in Switzerland, or to clients domiciled in Switzerland.

NextGen Capital SA is owned by its partners. Since April 2023, it holds a Portfolio Manager licence issued by FINMA. NextGen Capital SA is subject to the direct supervision of OSIF (a supervisory organisation) and regulated by FINMA.

NextGen Capital SA may also act as investment manager to collective investment schemes which are open exclusively to qualified investors, on the basis of the de minimis rule under Art. 24 para. 2 FinIA. It is not licensed or supervised by FINMA as a manager of collective assets.

NextGen Capital SA (UID CHE-169.599.671) is listed in FINMA’s public register of portfolio managers and trustees. The FINMA public register identifies licensed portfolio managers by name and does not assign a separate public licence number. The company’s current registration status can be verified directly on the FINMA public register.

NextGen Capital SA is supervised by OSIF (Organisme de Surveillance des Instituts Financiers), a supervisory organisation recognised by FINMA.

OSIF – Organisme de Surveillance des Instituts Financiers
Rue de Rive 8, Case Postale 3178
1211 Geneva 3, Switzerland
www.osif.ch

The legislation established three client classifications — “Retail”, “Professional” and “Institutional” clients — to determine the level of required investor protection. A change of the client classification can be requested by the client in writing, which results in changes in the financial instrument offering and investor protection at the same time.

NextGen Capital SA serves “Professional” and “Institutional” clients. NextGen Capital SA also serves “Retail” clients who have declared in writing that they wish to be treated as “Professional” clients (“opting-out”).

A detailed comparison of the three classifications and their effects on investor protection is set out in our Financial Services Act — Factsheet, available in the Downloads section below.

Trading in financial instruments harbours opportunities and risks. Therefore, it is important to understand these risks before investing in such instruments. The revised brochure Risks Involved in Trading Financial Instruments includes the most important details of typical risks and is available in the Downloads section below.

Under the Swiss Financial Services Act, clients benefit from enhanced transparency and investor protection throughout the investment cycle. In particular:

• Key Information Documents (KIDs): “Retail Clients” receive standardised information for certain financial instruments, including details of risks and costs.
• Advisory minutes: After every advisory meeting with the Relationship Manager, “Retail Clients” automatically receive the minutes documenting the suitability and the reasoning of the advice given. “Professional Clients” are able to request them.
• Reports: Clients can request investment reports, which contain, amongst others, the portfolio performance, asset allocation, financial instruments and service costs.

When selecting financial instruments for client portfolios, NextGen Capital SA considers third-party financial instruments as well as collective investment schemes for which it acts as investment manager. The selection is based on objective criteria, including suitability, risks, costs, liquidity and other relevant characteristics.

Potential conflicts of interest are identified and managed in accordance with applicable law and FINMA requirements.

Disputes about legal claims between a client and a financial services provider should be handled in a referral process by the Financial Services Ombudsman (“Ombudsman”). The Ombudsman is a free and neutral information and mediation agency. In general, the Ombudsman only gets actively involved after the asset manager receives and has had an opportunity to respond to a written client complaint.

Clients are therefore invited to address complaints to NextGen Capital SA directly in the first instance. Written complaints to contact@nextgen-capital.com are acknowledged within five business days and answered substantively within thirty days.

Financial Services Ombudsman
Avenue de la Gare 66
1920 Martigny, Switzerland
www.finsom.ch

For further information, consult the Federal Department of Finance (FDF) list of recognised ombudsmen at efd.admin.ch/en/ombudsman.