This factsheet provides essential information about the Swiss Financial Services Act (FinSA), which entered into force on 1 January 2020. FinSA aims to improve client protection and establishes comparable standards for financial service providers.
This factsheet contains information on the implementation of the new regulatory standards applied to clients served by Aury Crypto AG (hereinafter “Aury”).
Where Digital Assets constitute, embody, incorporate, reference, or represent securities or other forms of financial instruments, as a general matter, the risks applicable to such securities or other financial instruments apply in the same manner as for traditionally issued and traded instruments. As these risks shall apply generally and are not specific to Digital Assets, they are not further described herein, but in the brochure of the Swiss Bankers Association regarding Risks Involved in Trading in Financial Instruments which form an integral part of the relationship.
Aury empowers professional and institutional clients, to invest in the digital asset economy with complete trust. Aury operates an independently controlled, scalable, and future-proof regulated platform. Our interdisciplinary team, investment, and distributed ledger technology (DLT) experts is shaping the development of a trusted digital asset ecosystem. The company is founded on Swiss and Singapore heritage and operates globally.
Aury offers the following services:
FinSA defines the following classes for clients of financial service provider: i) retail clients, ii) professional clients and iii) institutional clients. Each client of a financial service provider shall be assigned to one of these categories. Each category is assigned a different level of investor protection (e.g. with regard to information duties, suitability and appropriateness obligations, and documentation and accountability duties).
Retail Client Status
FinSA grants retail clients the highest level of investor protection. They shall be given extensive information regarding product risk, e.g. Key Information Document (KID), before a service can be provided or a trade can be executed. The range of financial instruments available is generally limited to products targeted at retail clients or to products explicitly registered for distribution to retail clients. Aury only provides financial services to high-net-worth retail clients according to art. 5 para. 2 FinSA declaring that they wish to be treated as professional clients (“opting out”) (see hereinafter).
Professional Client Status
Professional clients are treated as sophisticated investors who have a lower level of investor protection than retail clients, based on their level of knowledge and experience, and their ability to bear financial losses. Some rules of conduct do not apply to professional clients (e.g. provisions of KID). Professional clients are eligible for a larger investment universe, including financial products targeted at professional clients only or products not registered for distribution to retail clients.
Either the client is already classified by law as a professional client (“per-se professional client”) or they can apply for a change of classification (“opting out”).
The following are defined as per-se professional clients:
BY WAY OF SIGNING THE CLIENT CONTRACT, high-net-worth retail clients request to be reclassified as professional clients (“opting out”). To become a professional client, the client confirms to meet at least one of the following legal requirements:
Eligible assets are e.g. sight or time deposits with Aurys and securities firms, certificated and uncertificated securities, including collective investment schemes and structured products or derivates. Direct investments in real estate and claims from social insurance schemes as well as occupational pension assets do not qualify as eligible financial investments. Clients should be aware that it is not possible to opt out of individual services or particular classes of financial products only and thus opt out of the full range of their relationship with Aury.
By signing the Client Contract, clients waive Aury’s duty to provide information (art. 8 and 9 FinSA) and to document and rendering account (art. 15 and 16 FinSA).
Institutional Client Status
Clients assigned to the category of institutional clients are subject to the lowest level of investor protection considering their assumed knowledge and experience with financial instruments as well as their capacity to bear the investment risks associated with the financial service. Institutional clients are a subgroup of professional clients as set out above under the pre-se professional clients no (i), (ii), (iii) and (iv). Subject to specific criteria, an institutional client can choose to change to a lower client segment affording more protection. The code of conduct rules outlined in FinSA are not applicable when serving institutional clients.
Execution Only
Aury’s services are generally offered on an execution-only basis. With execution-only services, the client makes their own decisions without receiving any advice from Aury. If a transaction is carried out on an execution-only basis, Aury shall merely execute or transmit the instruction without providing any advice or performing any appropriateness or suitability checks (see section 4). The client bears the full responsibility for its investment and any associated risks. In this context, Aury explicitly points out that the fact that no appropriateness or suitability checks are carried out in connection with execution- only services shall only be pointed out once, in this context. Additionally, no key information document is made available if the service is provided exclusively on an execution-only basis. Even if an advisory or portfolio management relationship is in place, clients always have the option of giving instructions to buy or sell financial instruments at their own discretion.
Advisory and portfolio management services
Upon inquiry by the client, Aury may provide advisory and portfolio management services. Aury’s advisory and portfolio management services are reserved for professional clients.
Under a portfolio management mandate, the client delegates the management of its investments to Aury. The portfolio management mandate authorises Aury to manage the client’s portfolio on a discretionary basis in line with the portfolio management agreement.
Upon inquiry by the client, Aury may provide investment advice pertaining to either the client’s entire portfolio or only providing personal recommendations on a transaction level. As opposed to a portfolio management mandate, the full decision- making power remains with the client.
Before providing portfolio management or advisory services, financial service providers shall assess whether the respective financial services and products are suitable or appropriate for the client. The scope of these checks depends on the client’s segment and the services provided:
Best execution is the obligation to take all appropriate measures to achieve the best possible result for the clients when executing client orders with respect to financial instruments. In that regard, Aury takes the following into consideration with regard to executing client orders: price of execution, cost of execution, speed of execution and settlement, likelihood of execution and settlement, size of the order, nature of the order, market conditions and any other consideration relating to the execution of the order.
Trading in financial instruments provides opportunities but also involves financial risks. It is important that clients are familiar with and understand the risks associated with financial instruments to correctly assess the respective risks and opportunities. To provide information on typical financial services and their features and risks, Aury makes the Swiss Bankers Association’s (SBA) brochure “Risks Involved in Trading Financial Instruments”.
Costs and fees related to the financial services provided by Aury are outlined in the respective agreements and the respective price lists. The respective costs and fees shall be charged to the clients accordingly. Further information related to costs and fees can be obtained from the client’s relationship manager.
Costs and fees related to the financial services provided by Aury are outlined in the respective agreements and the respective price lists. The respective costs and fees shall be charged to the clients accordingly. Further information related to costs and fees can be obtained from the client’s relationship manager.
General
In the course of carrying out financial services, conflicts of interest can occur which may lead to disadvantages for the client. Under FinSA, financial service providers shall put organizational measures in place to detect, avoid or mitigate conflicts of interest. To that end, Aury has a number of internal regulations in place to deal with conflicts of interest. If a conflict of interest cannot be avoided or cannot be mitigated sufficiently and this leads to the client being disadvantaged, Aury shall disclose this fact in a suitable manner.
Business affiliations
If one of Aury’s business affiliations may lead to a conflict of interest with regard to providing services, Aury shall notify clients accordingly.
The selection of financial instruments that Aury offers its clients is based on an in-depth analysis and is independent of any particular provider as a basic principle. The investment universe consists of Aury’s own products as well as a range of carefully selected products of third-party providers.
Aury Crypto AG is affiliated with the following Swiss ombudsman for financial services: Suurstoffi 37, 6343 Rotkreuz, Switzerland. Clients may contact the ombudsman in case of unresolved disputes. Client feedback and complaints are best addressed directly to the client’s dedicated relationship manager or contact person. If a client would like to submit a formal complaint regarding an aspect of their relationship with Aury, they can do so by addressing their complaint to Aury’s Legal and Compliance Department complaints@aury-brokerage.com.
Last updated: 28.06.2025
Contact
Aury Crypto AG
Suurstoffi 37, 6343 Rotkreuz, Switzerland
Phone: +41 41 123 45 67
Email: info@aury-brokerage.com
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